1. INTERPRETATION
These terms and conditions shall be subject to the provisions of the Trade Practices Act 1974 as amended.
"Verseng" shall mean “Verseng Pty Ltd ” (ABN 66 114 977 196) & its agents, servants and employees.
"Customer" shall mean the person or corporation entering into a contract with “Verseng” for the supply of goods &/or services by Verseng.

2. OFFER AND ACCEPTANCE
A quotation by Verseng is not an offer and no order given pursuant to any quotation shall bind Verseng until accepted by it in writing or by the commencement of the supply of goods or the provision of services. Unless otherwise agreed in writing these terms and conditions shall be deemed to be incorporated in any agreement between Verseng and the Customer. Any terms and conditions contained in any order offer acceptance or other document of the customer which is inconsistent with these terms and conditions are expressly excluded.

3. PERFORMANCE OF CONTRACT
Any date quoted by Verseng for completion is an estimate only and unless a written guarantee shall have been given by Verseng providing for liquidated damages for failure to complete by the quoted date Verseng shall not be liable to the customer for any loss or damage (even if arising out of the negligence of Verseng) caused by the failure to complete the services on or before the quoted date.

4. PRICE VARIATIONS
Each quotation is given on the basis of costs applicable at the date of the quotation. If a contract is not commenced within 30 days of the date of the quotation the price quoted shall be subject to reasonable variations to take into account any increases in labour costs and the cost of materials.

5. WARRANTY
Verseng will warranty all workmanship for a period of three months from the completion of the contract and pass on, but not extend, the manufacturer’s warranty of any proprietary items supplied. Warranty does not include travel or accommodation costs, travel time, freight or any other out of pocket expenses.

6. VERSENG’S OBLIGATION ON BREACH OF WARRANTY
Verseng’s obligations for breach of a condition or a warranty shall be limited to any one or more of the following:

6.1 The replacement of goods or the supply of equivalent goods (where goods supplied are defective) or the supply again of the services(where the services are defective); or
6.2 The repair of the goods (where the goods are defective); or
6.3 The payment of the costs of replacing the goods or of acquiring equivalent goods (where the goods are defective) or the payment of the costs of having the services supplied again (where the services are defective); or
6.4 The payment of the costs of having the goods repaired where the goods are defective.

Verseng shall have the right to elect which of the above remedies shall apply in relation to any breach by Verseng.

7. EXCLUSION OF DAMAGES
Verseng shall in no circumstances be liable for any form of damages (including but not limited to incidental, special, consequential or general damages) in connection with or arising out of the supply performance or use of any goods supplied or services performed by Verseng to or for the customer of any failure to supply goods or to perform any services. Verseng’s total liability whether arising out of negligence or otherwise shall be as provided in clause 6. When the customer has supplied goods or material to Verseng for use in the manufacturing of components for a project, the limit of compensation for loss of goods or material shall be $1,000.

8. FORCE MAJEURE
If Verseng is prevented from or delayed in delivering any goods or performing any services for any cause beyond its control it shall be entitled to cancel the contract or the balance of the contract between it and the customer by notice in writing to the customer and the customer shall not have any claim whether in contract, tort or otherwise, for damages against Verseng in respect of any such cancellation.

9. EXCLUSION OF WARRANTIES
No conditions or warranties expressed or implied by law and no representation or statements are binding on Verseng unless set out in these terms and conditions or unless they cannot by law be excluded from the contract between Verseng and the customer in which case they are declared to apply without restriction limit or modification notwithstanding anything inconsistent with these conditions.

10. CANCELLATION BY VERSENG
In addition to any rights of Verseng which are implied by the Sale of Goods Act (which shall apply to these terms and conditions) Verseng shall be entitled to cancel the contract or the balance of the contract between it and the customer in the following events:

10.1 If an order is made for the winding up or sequestration of the customer.
10.2 If the customer is placed in its official management or has a voluntary administrator appointed.
10.3 If a receiver or receiver and manager is appointed to the property or undertaking or any part of the property or undertaking of the customer.
10.4 If a resolution is passed for the winding up of the customer.

In the event of order cancellation by Verseng due to the above Verseng will charge the Customer 10% of the balance of the contract value plus costs incurred at sale price to the date of cancellation.

11. CANCELLATION BY CUSTOMER
In the event of order cancellation by the customer Verseng will charge the Customer 10% of the balance of the contract value plus costs incurred at sale price to the date of cancellation.

12. PAYMENT TERMS
Payment terms are Nett 30 days from date of invoice for approved customers (determined by credit account application) or COD for customers without prior credit approval. A 25% deposit will be required on certain projects at Verseng’s discretion. Where projects extend beyond 2 months, monthly progress claims will be made to cover work completed within the month. Any outstanding payments will incur a late fee of 5.0% per month pro-rata of total balance owing after the due date.

13. PASSING OF PROPERTY AND RISK
Where goods are supplied by Verseng, title over property shall not pass to the customer until Verseng has been paid in full for the same. Verseng’s responsibility and liability for risk loss or damage with respect to any goods supplied passes to the customer on delivery of the goods to the customer or the customer's agent or to any carrier except where Verseng expressly acknowledges liability for the risk during transport.

14. DEBT RECOVERY
Where goods or services are supplied by Verseng, and the invoice for such goods and services is not paid in full by the customer within the time specified in Clause 12, all expenses incurred by Verseng to recover any such outstanding debt will be the responsibility of the customer.

15. TRANSPORT COSTS
Transport costs are at the customer's expense unless otherwise agreed (including warranty returns).

16. TAXES
Unless otherwise indicated prices do not include GST or other taxes. The customer will be responsible for payment of all taxes (including but not limited to GST, Sales Tax and withholding Tax) in accordance with prevailing Government rulings.

17. TECHNICAL ADVICE AND ASSISTANCE
Verseng shall not be liable in any circumstances for any technical advice or assistance given or rendered by it to the customer in connection with the supply of goods or of a service save as provided in clause 6 of these terms and conditions.

18. LAW OF WESTERN AUSTRALIA
The agreement between Verseng and the customer shall be construed and take effect in accordance with and be governed by the laws in force in the State of Western Australia and each party submits to the jurisdiction of the court of the State in relation to any dispute arising out of the agreement.

19. TRANSPORT DAMAGE CLAIMS
When Verseng has acknowledged liability for risk during transport of goods any claim for damage occurring during the course of delivery must be made in writing within 5 days from receipt of delivery. If no claim is made during that period any rights which the customer may have had in relation to damaged goods shall be deemed to have been extinguished.

20. PROLONGATION
Where the customer has caused the completion of the project to be significantly prolonged and when resources have been made available for this period, a prolongation costs claim of 3% of the contract value may be charged per month that the project is prolonged past its planned completion date unless otherwise agreed.


privacy@verseng.com.au