Terms and Conditions
1. SUPPLY OF GOOD AND SERVICES
1.1. Drive Tech Pty Ltd (Drive Tech) agrees to supply goods and/or services to the Customer in accordance with these terms and conditions (Terms).
1.2. Unless Drive Tech states otherwise in writing, these Terms apply to all quotations issued and all goods and services supplied by Drive Tech.
1.3. Where a quotation or invoice refers to the Terms and Conditions available on our website, those website Terms and Conditions will apply.
2. QUOTATIONS AND PRICING
2.1. Any quotation issued by Drive Tech remains valid for fourteen (14) days from the date of issue unless otherwise stated.
3. DESCRIPTIONS
3.1. Any descriptions of goods or services provided by Drive Tech are for identification purposes only and do not constitute a contractual sale by description.
4. SUSPENSION OF SUPPLY
4.1. Drive Tech reserves the right to suspend or cease the supply of goods or services without notice if the Customer breaches these Terms.
5. PAYMENT TERMS
5.1. The Customer must pay Drive Tech for all goods and services supplied within seven (7) days of the invoice date, or on another date agreed in writing by Drive Tech.
5.2. If payment is not made by the due date, Drive Tech may charge interest on the outstanding amount, calculated daily at the rate set under the Penalty Interest Rate Act 1983 (Vic), until payment is made in full.
5.3. The Customer must reimburse Drive Tech for all reasonable costs incurred in recovering any overdue amounts, including legal and collection costs.
6. SECURITY INTEREST
6.1. The Customer grants Drive Tech a security interest over all present and after-acquired property of the Customer as security for any amounts owing under these Terms.
6.2. The Customer waives any right it may have under the Personal Property Securities Act 2009 (Cth) to receive notices relating to the registration of that security interest.
7. EXCLUSION OF IMPLIED CONDITIONS
7.1. To the extent permitted by law, Drive Tech excludes all implied conditions, warranties, terms, and consumer guarantees (including those under the Australian Consumer Law) in connection with the supply of goods or services. Where liability cannot be excluded, Drive Tech’s liability is limited to resupplying the goods or services.
8. LIMITATION OF LIABILITY
8.1. To the extent permitted by law, Drive Tech excludes all liability, whether arising in contract, tort (including negligence), or otherwise, for any indirect, consequential, special, punitive, or exemplary loss or damage arising from the supply of goods or services. Where goods or services are not fit for purpose or not provided with due care and skill, Drive Tech’s liability is limited to resupplying the goods or services.
9. AUSTRALIAN CONSUMER LAW GUARANTEES
9.1. Goods and services supplied by Drive Tech come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures, the Customer is entitled to:
- cancel the service contract; and
- receive a refund for the unused portion or compensation for its reduced value.
For major failures with goods, the Customer may choose a refund or replacement. If a failure is not major, the Customer is entitled to have the issue remedied within a reasonable time, failing which the Customer may obtain a refund and cancel the service contract. The Customer may also claim compensation for any reasonably foreseeable loss or damage.
9.2. Goods supplied under these Terms are covered by a twelve (12) month warranty unless otherwise stated.
10. FORCE MAJEURE
10.1. Drive Tech is not liable for any delay or failure to perform its obligations caused by events beyond its reasonable control.
11. TERMINATION
11.1. Drive Tech may immediately terminate these Terms by written notice if any of the following occur:
(a) steps are taken toward the winding up, administration, or dissolution of the Customer;
(b) the Customer enters into any arrangement or compromise with creditors, other than for solvent reconstruction or amalgamation;
(c) a receiver, administrator, or similar controller is appointed over the Customer or its assets;
(d) the Customer becomes insolvent;
(e) the Customer ceases or threatens to cease trading; or
(f) the Customer breaches these Terms and fails to remedy the breach within fourteen (14) business days after receiving notice.
12. JOINT AND SEVERAL LIABILITY
12.1. Where the Customer consists of more than one person or entity, each is jointly and severally bound by these Terms.
13. ELECTRONIC COMMUNICATION
13.1. The Customer agrees that:
(a) any requirement for execution or signature may be satisfied electronically; and
(b) any obligation on Drive Tech to provide a document in paper form may be fulfilled electronically.
14. GOVERNING LAW
14.1. These Terms are governed by the laws of the State of Victoria, Australia.