Cowan Australasia Pty Ltd
These Terms and Conditions shall apply to the exclusion of all others including any Terms and Conditions of the Customer (whether on the Customer’s order form or otherwise). No services will be supplied by Cowan on any Terms or Conditions other than those set out herein and by requesting the services the Customer shall be deemed to agree to these Terms and Conditions. For the purposes of these Terms and Conditions Cowan shall mean and include Cowan Pty Ltd (ACN 065 394 167) and Customer shall mean the party to whom the services are sold and/or in whose name an Account is maintained by Cowan.
Agreement to be bound
The Customer agrees to comply with and be bound by these Terms and Conditions (as amended from time to time) and payment for services shall be made by the Customer to Cowan thirty (30) days from the date of Cowan’s invoice. It is agreed that if the Customer does not make payment within the specified period herein, the Customer will pay to Cowan interest on the outstanding amount at the penalty interest rate as defined in the Penalty Interest Rates Act 1983 (Vic) from time to time.
The services shall be as described on the invoices, quotation, work authorization, sales order or any other work commencement forms as provided by Cowan to the Customer.
Change of Ownership
The Customer agrees to notify Cowan in writing of any change of ownership of the Customer within 7 days from the date of such change and shall indemnify Cowan against any loss or damage sustained by it as a result of the Customer’s failure to notify Cowan of any change.
Requests for services placed with Cowan cannot be cancelled without the written approval of Cowan. In the event that Cowan accepts the cancellation of any request for services placed with it shall be entitled to charge a reasonable fee for any work done on behalf of the Customer to the date of the cancellation including a fee for the processing and acceptance of the Customer’s request for services and request for cancellation.
An invoice produced by Cowan will be prima facie evidence of the Customer’s liability to Cowan for the amount stated in the invoice.
Where Cowan has designed or drawn material for the Customer, then the copyright in those designs and drawings shall remain vested in Cowan, and shall only be used by the Customer with Cowan’s express written consent.
Privacy Act 1988
The proper law of all contracts arising between Cowan and the Customer is the law of the State of Victoria and the parties agree that all claims and disputes relating to the goods sold shall be heard and determined in a Court of competent jurisdiction in Victoria and the parties irrevocably agree to submit to the non-exclusive jurisdiction of such Court.
If any provision of these Terms and Conditions shall be invalid, void or illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.