Terms & Conditions of Sale
  1. Unless otherwise agreed in writing by WOW, the Buyer will be bound by these terms and conditions if the Buyer places an order with WOW which is accepted by it. WOW is not bound by any terms or conditions contained in any document issued by the Buyer. Once an order has been accepted by WOW, it cannot be cancelled by the Buyer. WOW reserves the right to suspend or discontinue the supply of goods and services to the Buyer at any time.
  2. The Buyer must pay for all goods sold and delivered or services provided by WOW at the price specified in this contract within 30 days from the date of the delivery of the goods or services unless otherwise agreed by WOW in writing. Should payment not be received within this period WOW reserves the right to institute collection procedures and cease delivery of any further goods and/or services to the Buyer. The company also reserves the right to charge an account keeping fee and interest on overdue accounts at the rate of 1.5% per month.
  3. WOW also reserves the right to charge an account keeping fee and interest on overdue accounts at the rate of 1.5% per month, cancel or suspend unfilled orders or cease providing services, cancel any rebate, discount or allowance due or payable by WOW, enter into the premises in which goods are stored to inspect and to reclaim possession without the liability for the tort of trespass, negligence or payment of any compensation to the Buyer whatsoever and/or lodge a caveat or other similar instrument over any property of the Buyer.
  4. Delivery shall be as specified in this contract and if not specified shall be at WOW's premises at Level 3, 10 Browning Street, West End. Time is not of the essence in relation to delivery.
  5. The Buyer must inspect the goods or services immediately upon delivery or completion. Goods may be returned only with WOW's approval and then only within 7 days of delivery in an undamaged and resalable condition. A handling fee equal to 15% of the purchase price of the goods shall be charged to the Buyer.
  6. Where the Buyer raises any claim or dispute in relation to the sale or the delivery of goods or services, the Buyer must not deduct the amount claimed or disputed from the payment to WOW without written approval from WOW and the Buyer has no right of set off against WOW from any moneys owing to WOW. Any claim must be made within 48 hours after delivery of the goods /completion of the services to the Buyer. If the Buyer fails to make a claim within 48 hours, then to the extent permitted by law, the goods or services are deemed to have been accepted by the Buyer.
  7. The goods/services supplied under this Agreement are at the risk of the Buyer on delivery of the goods or provision of the services to the Buyer. The Buyer must insure the goods for their full insurable value against loss or damage by fire, theft, accident and other such risk until they are paid for in full.
  8. Property in the goods supplied by WOW shall not pass to the Buyer until payment has been received in full. The Buyer shall in the meantime take custody of the goods and retain them as fiduciary agent and bailee of WOW. Until WOW is paid in full:
    • the goods must be securely stored and insured and be clearly marked and recorded as WOW's property by the Buyer.
    • the Buyer shall receive all proceeds from their sale or resale in trust for WOW.
    • the Buyer must keep such proceeds in a separate account until the liability to WOW has been discharged.
    • the Buyer may resell the goods but only as a fiduciary agent of WOW in the ordinary course of business . Any right to bind WOW to any liability to any third party by contract or otherwise is expressly negative.
    • if the Buyer uses the goods in its own or a third party's manufacturing process, the Buyer must hold in trust for WOW that part of the proceeds from such manufacturing as is equal to the amount owing by the Buyer to WOW upon their receipt.
  9. To the extent permitted by law and subject to any written warranties given by WOW to the Buyer and these terms and conditions, all other warranties, conditions, liabilities or representations with respect to the goods and/or services provided by WOW are excluded. Where legislation implies that they cannot be excluded, WOW's liability for breach shall be limited at its option to replacement of the goods or the supply of equivalent goods or the supply of services again.
  10. Subject to clause 7, WOW is not liable for loss or damage of any kind whatsoever arising out of or in connection with the supply of goods and services (including without limitation any indirect or consequential loss) even if due to WOW's or any of its employee's or agent's negligence
  11. Any Telstra goods or services provided by WOW are subject to Telstra's terms relating to such goods or services in force at the time and WOW shall not have any liability for any loss of coverage or lack of performance of the Telstra network which affects such goods and services.
  12. If any of these terms and conditions are unenforceable, illegal or void, that provision is severed and the other provisions remain in force.
  13. A certificate signed by a director, manager or authorised officer of WOW in respect of the sale, delivery or price of any goods or the provision or price of any services by WOW or the amount due, owing or payable to WOW in respect of the sale of goods, the provision of services or on any account whatsoever as at the date or dates set out in such certificate shall in all circumstances and at all times be prima facie evidence of the facts therein stated.
  14. The Buyer indemnifies WOW and shall keep it indemnified in respect of any fees, taxes, stamp duties or other like expenses which may become payable by reason of or subsequent to any default in making payment in accordance with these terms and conditions and for any other costs and expenses reasonably incurred by WOW in recovering or attempting to recover any overdue payments from the Buyer from time to time.
  15. WOW may at any time and from time to time amend these Terms and Conditions of Sale by written notice to the Buyer and such amended terms and conditions shall apply in respect of all transactions taking place after notification of such amended terms and conditions. WOW has the power to appropriate payments to such accounts as it thinks fit notwithstanding any appropriation by the Buyer to the contrary.
  16. The law of the State of Queensland shall govern these terms and conditions.