Spring in a Bag Pty Ltd Terms and Conditions
Agreement
This document sets out the Terms and Conditions applicable to the Agreement between the customer described in this Sales Agreement and herein as, “you, your, my, me, I” and Spring In A Bag Pty Ltd as “us, our, we” under which Equipment may be rented by you and Products may be purchased by you under a Usage Plan and/or casually from time to time.
This document sets out the Terms and Conditions applicable to the Agreement between the customer described in this Sales Agreement and herein as, “you, your, my, me, I” and Spring In A Bag Pty Ltd as “us, our, we” under which Equipment may be rented by you and Products may be purchased by you under a Usage Plan and/or casually from time to time.
Acknowledgment Direct Debit Authority
By signing the Direct Debit Request section of this agreement, you have authorised us to arrange for funds to be debited from your account under the terms of this agreement. This debit or charge will be made through the Bulk Electronic Clearing System (BECS) from your account held at the financial institution you have nominated herein and will be subject to the terms and conditions set out herein.
Acknowledgment Credit Card Direct Debit
By signing the Credit Card Payment section of this agreement, you have authorised us to arrange for funds to be debited from your credit card under the terms of this agreement. Direct Debiting to credit cards does not form part of procedures governed by the BECS Please refer to procedures detail in your cardholder terms and conditions provided by your Financial Institution.
Debits From Your Account
We will only arrange for funds to be debited from your account as authorised in this Agreement.
If the debit day falls on a day that is not a banking day, we may direct your financial institution to debit your account on the following banking day. If you are unsure about which day your account has or will be debited you should ask your financial institution.
Your obligations
It is your responsibility to ensure that there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with this Sales Agreement. If there are insufficient clear funds in your account to meet a debit payment:
(a) you may be charged a fee and/or interest by your financial institution;
(b) you may also incur fees or charges imposed or incurred by us; and
(c) you must arrange for the debit payment to be made by another method or arrange for sufficient clear funds to be in your account by an agreed time so that we can process the debit payment.
It is your responsibility to ensure that there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with this Sales Agreement. If there are insufficient clear funds in your account to meet a debit payment:
(a) you may be charged a fee and/or interest by your financial institution;
(b) you may also incur fees or charges imposed or incurred by us; and
(c) you must arrange for the debit payment to be made by another method or arrange for sufficient clear funds to be in your account by an agreed time so that we can process the debit payment.
You should check your account statement to verify that the amounts debited from your account are correct.
If we are liable to pay goods and services tax (“GST”) on a supply made in connection with this agreement, then you agree to pay us on demand an amount equal to the consideration payable for the supply multiplied by the prevailing GST rate.
Dispute
If you believe that there has been an error in debiting your account, please notify us directly on 1300 362 224 or (07) 3801 8555. We will work to resolve the error as quickly as possible. If you prefer or in addition, you can confirm that notice in writing with us by mail.
If we conclude as a result of our investigations that your account has been incorrectly debited we will respond to your query by arranging for your financial institution to adjust your account (including interest and charges) accordingly. We will also notify you in writing of the amount by which your account has been adjusted.
If we conclude as a result of our investigations that your account has not been incorrectly debited we will respond to your query by providing you with reasons and any evidence for this finding in writing.
Commencement – Term - Ongoing
The commencement date of the Agreement is the date the Sales Agreement as signed by you.
The Agreement remains in force for the minimum term (the “Term”) as stated on the Sales Agreement or the first invoice (the “Invoice”). If you elect to return the Equipment prior to the end of the Term, you are still liable to pay for all outstanding rentals, invoices, reasonable overdue interest charges, reasonable debt collection fees, reasonable dishonour fees and any other reasonable charges (the “Charges”), which may apply on demand as a debt due from the you to us.
The commencement date of the Agreement is the date the Sales Agreement as signed by you.
The Agreement remains in force for the minimum term (the “Term”) as stated on the Sales Agreement or the first invoice (the “Invoice”). If you elect to return the Equipment prior to the end of the Term, you are still liable to pay for all outstanding rentals, invoices, reasonable overdue interest charges, reasonable debt collection fees, reasonable dishonour fees and any other reasonable charges (the “Charges”), which may apply on demand as a debt due from the you to us.
Upon termination of the Agreement, the fee for any unused Products already delivered to you will not be refunded. If indicated on the Sales Agreement, this Agreement will automatically renew on the same terms and conditions until terminated by either party with thirty (30) days written notice to the other party.
Equipment Ownership
You acknowledge that the ownership of the Equipment is retained at all times by us, unless purchased outright. We have the right to remove the Equipment in the event that you breach this Agreement, or become bankrupt, insolvent, wind-up or discontinue operation.
We also have the right to demand or cause the immediate payment of the balance of the consideration due from you in these circumstances.
Exclusive usage
You agree that the Equipment will be used for the sole purpose of dispensing products supplied by us. The use of other products or bags in conjunction with the Equipment, may cause the Equipment to fail.
You agree that the Equipment will be used for the sole purpose of dispensing products supplied by us. The use of other products or bags in conjunction with the Equipment, may cause the Equipment to fail.
Warrantee – Repairs
We provide a full warranty on the Equipment that we own for the duration of the Agreement and will perform without charge, all repairs necessary to keep the Equipment in good operating condition or, at our discretion, to replace it with equivalent Equipment.
You agree to maintain the Equipment in a clean and hygienic condition and acknowledge that if we consider the Equipment to be in a substantially unclean or unhygienic condition, we reserve the right to clean and sanitise (or exchange) the Equipment on your behalf at the your reasonable expense.
You agree to exercise due care to protect the Equipment, and acknowledge that the warranty will be null and void and you will be responsible for the reasonable cost of repair or replacement of the Equipment if the failure of the Equipment is a result of extraordinary wear and tear caused you, alteration or tampering with the Equipment parts, misuse or negligence by you. To the full extent permitted by law, all conditions and warranties that would be implied (by statute, general law, customs or otherwise) are expressly excluded.
If any condition or warranty is implied into this document under any applicable legislation, and cannot be excluded, the liability of us for breach of the condition or warranty is limited to one of the following, at the option of us:
in the case of goods:
• the replacement of the goods or the supply of equivalent goods;
• the repair of the goods;
• the payment of the cost of replacing the goods or of acquiring equivalent goods; or
• the payment of the cost of having the goods repaired; or
in the case of services:
• the supplying of the services again; or
• the payment of the cost of having the services supplied again.
Under no circumstance are we liable to you for any indirect loss or consequential loss, however it arises or for punitive or exemplary damages or for any loss of profit, loss of revenue, or loss of opportunity.
Moving
You agree not to remove the Equipment from the premises where it is initially installed without express written permission in each case from us. We also agree not to unreasonably withhold its approval to move the Equipment.
Lost or damaged
In the event of the Equipment being lost or damaged while in the care of you, you agree to reimburse us in full for the reasonable costs of repair or replacement of the Equipment.
Confidentiality
We will keep any information, including your account details, confidential. We will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information.
We will only disclose information that we have about you:
(a) to the extent specifically required by law; or
(b) for the purposes of this agreement (including disclosing information in connection with any query or claim).
Privacy
We will not disclose your personal information to any person unless it is:
• required or authorised by law;
• to a contracted mailing house or to another organisation providing services to us bound by confidentiality agreements; or
• to an entity that acquires the business or assets of us.
We will not disclose your personal information to any person unless it is:
• required or authorised by law;
• to a contracted mailing house or to another organisation providing services to us bound by confidentiality agreements; or
• to an entity that acquires the business or assets of us.
You agree that we may exchange personal information about you with those credit providers named in a consumer credit report issued by a credit reporting agency for the purpose of exchanging references about your credit worthiness.
We may give personal information about you to a credit reporting agency for the purpose of:
• obtaining a consumer credit report about you; and/or
• allowing the credit reporting agency to create or maintain a credit information file containing information about you.
• obtaining a consumer credit report about you; and/or
• allowing the credit reporting agency to create or maintain a credit information file containing information about you.
The personal information provided by us to a credit reporting agency is limited to:
• identity particulars – your name, sex, address (and the previous two addresses), date of birth, name of employer and driver’s licence number;
• Your application for credit - the fact that the you have applied for credit and the amount;
• repayments which are overdue by more than 60 days, and for which debt collection action has started;
• advice that your repayments are no longer overdue in respect of any default that has been listed;
• information that, in the opinion of us, you have committed a serious credit infringement (that is you have acted fraudulently or have shown an intention not to comply with your credit obligations);
• dishonoured cheques - cheques drawn by you for $100 or more which have been dishonoured more than once; and
• the fact that credit provided to the you by us has been paid or otherwise discharged.
• identity particulars – your name, sex, address (and the previous two addresses), date of birth, name of employer and driver’s licence number;
• Your application for credit - the fact that the you have applied for credit and the amount;
• repayments which are overdue by more than 60 days, and for which debt collection action has started;
• advice that your repayments are no longer overdue in respect of any default that has been listed;
• information that, in the opinion of us, you have committed a serious credit infringement (that is you have acted fraudulently or have shown an intention not to comply with your credit obligations);
• dishonoured cheques - cheques drawn by you for $100 or more which have been dishonoured more than once; and
• the fact that credit provided to the you by us has been paid or otherwise discharged.
The personal information as permitted to exchange under the Privacy Act 1988 (Cth). You are able to access personal information maintained by us.
You consent to us using and disclosing personal information for the express purposes of accepting, processing and fulfilling your order, notifying you of your order status, product research and development, assisting us to improve customer services and allowing us to market the services of our partners. You may notify us at any time if you do not wish to continue receiving marketing information from us.
Payment Terms – Overdue Payments
You must make payment by credit card, direct debit, cheque, money order, EFT, or any other payment method approved by us in writing before or on installation of the Equipment. Where payment terms are approved to be paid by invoice, invoices thereafter are payable on account within thirty (30) days of Invoice date. You agree that all payments received will be allocated as per the Invoice number specified by you or alternatively, if no Invoice number is specified, then at our discretion.
You must make payment by credit card, direct debit, cheque, money order, EFT, or any other payment method approved by us in writing before or on installation of the Equipment. Where payment terms are approved to be paid by invoice, invoices thereafter are payable on account within thirty (30) days of Invoice date. You agree that all payments received will be allocated as per the Invoice number specified by you or alternatively, if no Invoice number is specified, then at our discretion.
You agree any payments dishonoured or reversed by your bank (made by cheque, direct debit or credit card) will be reimbursed by you to us including all fees charged your bank to us plus reasonable administration charges.
You agree that any reasonable costs or disbursements incurred by us in recovering any outstanding monies including Equipment pick up fees, debt collection agency fees, solicitor’s costs plus overdue interest charges calculated daily from due date and applied at 15% per annum, shall be paid by you.
Delivery
We will deliver the Equipment and Products to your nominated premises and thereafter will deliver Products on a regular scheduled delivery cycle determined by us . Should you require delivery outside of the regular delivery cycle, additional charges may apply.
You acknowledge and agree that we may impose minimum delivery quantities for certain Products subject to us notifying you 30 days in advance of any minimum delivery quantities which may apply.
You agree to provide us or our representative reasonable and safe access to its premises to allow the efficient delivery of our Equipment and Products.
Notices
If you wish to notify us in writing about anything relating to this agreement, you should write Spring In A Bag Pty Ltd. 6/93 Pearson Road, Yatala, Q, 4207
We will notify you by sending a notice in the ordinary post to the address you have given us in the Direct Debit Request. Any notice will be deemed to have been received on the third banking day after posting.
