1.1. These terms & conditions refer to the ordering, delivery, and general supply of any/all products services represented by HDi.
1.2. Supplier means HDi or authorized suppliers; Buyer means the person, institution, company or body placing an order with the Supplier for the purchase of goods or services.
1.3. Goods and services refer to the items listed upon the purchase order placed upon the Supplier by the Buyer.
2. Orders and Delivery
2.1. Quotations made by the Supplier will not be construed as an offer or obligation to supply in accordance with the quotation. The supplier reserves the right to accept or reject, at its discretion, any offer to purchase received by it.
2.2.Only written acceptance by the Supplier of the Applicant offer will complete the contract.
2.3. The buyer agrees to:
2.3.1. Place all orders for goods and services with the Supplier in writing and in such format as the Supplier may require from time to time
2.3.2. Unless otherwise agreed by the Supplier; pay all freight and delivery charges in respect of the goods and to insure the goods whilst in transit
2.3.3. Immediately advise the Supplier of any damaged goods or queries/complaints
2.4. Placement of an order, either verbally or in writing, will imply acceptance by the Buyer of the Supplier’s offer and of these terms and conditions
2.5. The Supplier will endeavor to deliver all goods / services ordered by the Buyer and which the Supplier agreed to supply, to the buyer’s premises, or such other address as agreed as soon as is reasonably practicable
2.6. Risk in relation to the goods shall pass to the Buyer at the time when the goods are placed on the vehicle, which is to effect delivery from Supplier’s warehouse or store.
2.7. If the buyer or its agents takes delivery of the goods /services from the Seller, acceptance of delivery shall constitute confirmation of the buyers acceptance of Suppliers offer in accordance with these Conditions of Sale
2.8. No claim in respect of the goods will be recognized by the Supplier unless made in writing within 7 days of the delivery to the Buyer.
3.1. The Terms of Payment are strictly as stated upon the invoice supplied with all goods and services supplied. Payment is due and payable on the date stated.
3.2. The Supplier and its bodies corporate (as that term is defined in the Corporations Act 2001) may, at any time unilaterally vary the terms of trade in its absolute and unfettered discretion.
3.3. Should the Buyer not pay for the goods or services supplied by the Supplier in accordance with the credit terms as provided upon the invoice (or outlined within other representative agreements), or as agreed with the Supplier in writing from time to time, the Supplier will be entitled to charge an administration fee of 10 percent (%) of the amount of the invoice payable per month or part thereof from the date the goods or services were supplied ( and not the day when the Suppliers invoice was payable) until full payment by the buyer.
4. Retention of Title
4.1. For the avoidance of doubt, the Supplier’s interest in goods ordered by the buyer and supplied by the Supplier constitutes a ‘purchase money security interest’ pursuant to the Personal Property Securities Act 2009.
4.2. Whilst the buyer has not paid for the goods supplied in full at any time, the Buyer agrees that property and title in the goods will not pass to the Buyer and the Supplier retains the legal and equitable title in those goods supplied.
4.3. Until payment in full has been made to the Supplier, the Buyer will hold the goods in a fiduciary capacity for the Supplier and agrees to store the goods in such a manner that they can be identified as the property of the Supplier, and will not mix the goods with other similar goods.
4.4. The buyer hereby consents to the Supplier recording the details of this Agreement on the Personal Property Securities Register and agrees to do all things necessary and reasonably required by the Supplier to effect such registration.
4.5. The buyer waives any right or entitlement to receive notice of the registration of any security interest(s) created by this instrument on the Personal Property Securities Register.
4.6. The Buyer will be responsible for the Supplier’s costs and expenses in exercising its rights under the Personal Property Securities Act 2009 and any acts / means required to secure payment and/or goods.
5. Exclusion of Warranties and Liabilities
5.1. The supplier makes no representation or warranty as to the performance of the goods and the Supplier shall make no representation or warranty to the Buyer as to the performance of the goods other than those contained within any product license/warranty statement for the goods.
5.2. All other statements, conditions or warranties, whether expressed or implied, as to the quality or suitability for any particular purpose of the goods or any other matter are hereby excluded to the maximum extent permitted by law. To the maximum extent permitted by law, the liability of the supplier in respect of any defective product shall be limited to the actual price paid by the Buyer for the goods and no claim shall lie against the Supplier in respect of any consequential loss or damage whatsoever.
5.3. The Supplier is not liable for any loss caused to the Buyer by reason of strikes, lockouts, fires, riots, war, embargoes, civil commotions, acts of God, or any other activity beyond the Suppliers control.
5.4. In relation to the supply of goods, the Suppliers liability is limited to:
5.4.1. Replacing the goods or supplying similar goods; or
5.4.2. Repairing the goods
5.4.3. Providing the actual price paid for replacing the goods
5.5. In relation to the supply of services, the Supplier’s liability is limited to:
5.5.1. Supplying the service again, or;
5.5.2. Providing for the cost of having the services supplied again
5.6. The Supplier is not liable, whether claims are made or not, for loss of profit, economic or financial loss, damages, consequential loss, loss of opportunity or benefit, loss of a right or any other indirect loss suffered by the buyer.
6.1. The buyer acknowledges and agrees that this agreement will be governed by the laws of Victoria, and the laws of the Commonwealth of Australia which is in force in victoria.
6.2. The Buyer acknowledges and agrees that any contract for supply of goods or services between the Supplier and the Buyer is formed at the address of the Supplier.
6.3. The parties to this agreement submit to the non-exclusive jurisdiction of the courts of Victoria and the relevant federal courts and courts competent to hear appeals from those courts.
7. Entire Agreement
7.1. These terms and conditions constitute the entire agreement between the Supplier and Buyer relating in any way to its subject matter. All previous negotiations, understandings, representations, warranties, memoranda or commitments about the subject matter of this agreement are merged in this agreement and are of no further effect. No oral explanation of information provided by a party to another effects the meaning or interpretation of this agreement or constitutes and collateral agreement, warranty, or understanding.
All specials promoted by HDi have the following conditions:
8.1. Offers are not redeemable for cash or cash equivalents (including Gift Cards and Credits).
8.2. Offers are not valid on past or pre-ordered purchases.
8.3. Promotional pricing is not eligible for purchases of any products other than those listed in the promotion.
8.4. Promotional pricing does not include applicable sales tax, shipping or handling expenses.
8.5. Offers are not valid on purchases made from third parties.
8.6. Offers may not be combined with Education or Government contract discounts.