Definitions
1.1 “Krankd Productions” refers to Krankd Audio Visual Productions PTY LTD, its successors, assigns, or any authorised representative acting on behalf of Krankd Productions.
1.2 “Customer” pertains to the individual or individuals purchasing the Goods (and/or hiring Equipment, and/or availing equipment servicing) as specified in any invoice, document, or order. If multiple Customers are involved, the term refers to each Customer jointly and severally.
1.3 “Goods” encompasses all Goods or Services provided by Krankd Productions to the Customer at the Customer’s request from time to time (where applicable, ‘Goods’ or ‘Services’ may be used interchangeably).
1.4 “Equipment” includes all Equipment along with any associated accessories supplied on hire by Krankd Productions to the Customer. The description of the Equipment shall correspond to the details provided on the invoices, quotations, authority to hire, or any other work authorisation form issued by Krankd Productions to the Customer.
1.5 “Price” denotes the amount payable for the Goods/Equipment hire as mutually agreed upon between Krankd Productions and the Customer in accordance with clause 4 below.
Acceptance
2.1 Upon placing an order for or receiving the delivery of the Goods/Equipment, the Customer is deemed to have exclusively accepted and immediately bound, jointly and severally, by these terms and conditions.
2.2 Any modifications to these terms and conditions require the written consent of Krankd Productions and shall prevail in case of any inconsistency with any other document or agreement between the Customer and Krankd Productions.
Change in Ownership
3.1 The Customer must provide Krankd Productions with a written notice of at least fourteen (14) days prior to any proposed change of ownership of the Customer or any other alterations in the Customer’s details. These alterations include, but are not limited to, changes in the Customer’s name, address, contact phone or fax number/s, or business practices. Failure to comply with this clause renders the Customer liable for any resulting losses incurred by Krankd Productions.
4.1 Krankd Productions reserves the right to determine the Price, which may be:
(a) as indicated on any invoice provided to the Customer; or
(b) Krankd Productions’ quoted price (subject to clause 4.2) valid for the specified period in the quotation or otherwise for thirty (30) days.
4.2 Krankd Productions retains the right to adjust the Price if a variation to the quotation is requested. Any variations from the specifications, including delays in shipping from Krankd Productions’ suppliers or increases in the cost of materials and labor, shall be charged based on the quotation and itemized as variations on the invoice. Payment for all variations must be made in full upon completion.
4.3 Krankd Productions may, at its discretion, require a non-refundable deposit.
4.4 The Customer is required to make the Payment for the Goods/Equipment on the date/s determined by Krankd Productions, which may include:
(a) upon delivery of the Goods/Equipment;
(b) prior to delivery of the Goods/Equipment;
(c) through installment/progress payments according to Krankd Productions’ payment schedule;
(d) on the date specified on any invoice or other form as the payment date; or
(e) if no notice to the contrary is given, seven (7) days following the date of any invoice issued to the Customer by Krankd Productions.
4.5 Payment may be made by cash, check, bank check, electronic/on-line banking, credit card, or any other method agreed upon between the Customer and Krankd Productions.
4.6 Unless stated otherwise, the Price does not include GST. In addition to the Price, the Customer must pay Krankd Productions an amount equal to any GST Krankd Productions must pay for any supply under this or any other agreement. The Customer must pay Krankd Productions, without deduction or set off of any other amounts, at the same time and on the same basis as the Price. Additionally, the Customer must pay any other applicable taxes and duties unless expressly included in the Price.
4.7 While every effort is made to ensure accurate pricing on the website, errors may occur. In the event of a price discrepancy for ordered goods, the Customer will be promptly notified to confirm the order at the correct price or cancel it. If the Customer cancels and has already made payment, a full refund will be issued.
Delivery of Goods/Equipment
5.1 Delivery (“Delivery”) of the Goods/Equipment is considered to have occurred when:
(a) the Customer or the Customer’s nominated carrier takes possession of the Goods/Equipment at Krankd Productions’ address; or
(b) Krankd Productions (or its nominated carrier) delivers the Goods/Equipment to the Customer’s nominated address, even if the Customer is absent.
Freight & Handling
6.1 Unless specified otherwise by the Customer, deliveries will be made by a carrier nominated by Krankd Productions. However, Krankd Productions shall not be held liable for any delay, negligence, or other acts or omissions of the carrier.
6.2 Krankd Productions reserves the right to invoice for any additional freight charges incurred for express freight at the request of the Customer and/or for delivery addresses different from the one supplied at the time of sale in accordance with clause 4.2.
6.3 When Krankd Productions receives goods from the Customer for repair/return or any other reason, Krankd Productions will return such equipment using packaging materials supplied by the Customer. Krankd Productions accepts no responsibility for the suitability of these materials. Any additional packaging supplied by Krankd Productions will be charged to the Customer.
Access
7.1 The Customer must ensure that Krankd Productions has clear and free access to the work site at all times to facilitate the work. Krankd Productions shall not be liable for any loss or damage to the site unless due to its negligence.
Underground Locations
8.1 Before commencing any work, the Customer must inform Krankd Productions of the precise location of all underground services on the site and clearly mark them. These services include, but are not limited to, electrical, gas, sewer, pumping, water mains, and any other relevant services.
8.2 While Krankd Productions will take all necessary precautions to avoid damage to underground services, the Customer agrees to indemnify Krankd Productions against any liability, claims, loss, damage, costs, and fines arising from damage to services not precisely located and notified as per clause 8.1.
Risk
9.1 The risk of damage to or loss of the Goods passes to the Customer upon Delivery, and the Customer must insure the Goods accordingly.
9.2 If any of the Goods are damaged or destroyed after Delivery but before ownership passes to the Customer, Krankd Productions is entitled to receive all insurance proceeds payable for the Goods.
9.3 If the Customer requests Krankd Productions to leave Goods outside its premises for collection or to deliver the Goods to an unattended location, then such Goods shall be left at the Customer’s sole risk.
9.4 If Krankd Productions is required to install the Goods, the Customer warrants that the structure of the premises or equipment can accommodate the installation and work incidental thereto. Krankd Productions shall not be liable for any claims, losses, damages, costs, and expenses arising from the premises or equipment being unable to accommodate the installation.
9.5 During repairs, installation, or maintenance performed by Krankd Productions, the Customer acknowledges that all or part of its stored data may be lost. It is the Customer’s responsibility to ensure all data is saved elsewhere before the work commences.
Title To Goods
10.1 Krankd Productions and the Customer agree that ownership of the Goods shall not pass until:
(a) the Customer has paid Krankd Productions all amounts owing; and
(b) the Customer has fulfilled all other obligations.
10.2 Until ownership of the Goods passes to the Customer, the Customer is only a bailee and must return the Goods to Krankd Productions upon request.
10.3 It is further agreed that:
(a) until ownership of the Goods passes to the Customer, the Customer is only a bailee of the Goods and must return them to Krankd Productions on request;
(b) the Customer holds the benefit of its insurance of the Goods on trust for Krankd Productions;
(c) the Customer must not sell, dispose, or otherwise part with possession of the Goods except in the ordinary course of business;
(d) the Customer must not convert or process the Goods or intermix them with other goods;
(e) Krankd Productions has the right to recover possession of the Goods in transit;
(f) Krankd Productions may recover possession of any Goods in transit;
(g) the Customer shall not charge or grant an encumbrance over the Goods;
(h) Krankd Productions may commence proceedings to recover the Price of the Goods sold.
Security and Charge
12.1 In consideration of Krankd Productions agreeing to supply the Goods/Equipment, the Customer charges all of its rights, title, and interest in any assets to secure its obligations.
12.2 The Customer indemnifies Krankd Productions from all costs and disbursements incurred in exercising its rights under this clause.
12.3 The Customer appoints Krankd Productions and each director as its attorney/s to perform all necessary acts.
Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
13.1 The Customer must inspect the Goods/Equipment on delivery and notify Krankd Productions in writing of any evident defect, damage, shortage in quantity, or failure to comply with the description within seven (7) days of delivery.
13.2 Under applicable laws, certain statutory implied guarantees and warranties may be implied into these terms and conditions.
13.3 Krankd Productions acknowledges that nothing in these terms and conditions purports to modify or exclude these guarantees.
13.4 Except as expressly set out in these terms and conditions or the statutory guarantees, Krankd Productions makes no warranties or other representations.
13.5 If the Customer is a consumer, Krankd Productions’ liability is limited to the extent permitted by law.
13.6 If Krankd Productions is required to replace the Goods but is unable to do so, Krankd Productions may refund any money paid for the Goods.
13.7 If the Customer is not a consumer, Krankd Productions’ liability for any defect or damage is limited.
13.8 Returns will only be accepted if the Customer complies with certain provisions and Krankd Productions agrees that the Goods are defective.
13.9 Krankd Productions shall not be liable for any defect or damage caused by the Customer’s failure to properly maintain or use the Goods.
13.10 For second-hand Goods, the Customer acknowledges that no warranty is given and accepts them with all faults.
13.11 Krankd Productions may accept non-defective Goods for return, subject to handling fees.
13.12 If Krankd Productions is required by law to accept a return, it will only accept it on the conditions imposed by that law.
Default and Consequences of Default
14.1 Interest on overdue invoices accrues daily at a rate of two and a half percent (2.5%) per calendar month.
14.2 The Customer indemnifies Krankd Productions for all costs incurred in recovering the debt.
14.3 Krankd Productions may suspend or terminate the supply of Goods/Equipment if the Customer breaches any obligation.
14.4 Krankd Productions may cancel any unfulfilled order if:
(a) any money payable becomes overdue;
(b) the Customer becomes insolvent;
(c) a receiver, manager, or liquidator is appointed.
Cancellation
15.1 Krankd Productions may cancel any contract or delivery of Goods/Equipment by giving written notice to the Customer. Krankd Productions shall repay any money paid by the Customer.
15.2 If the Customer cancels delivery, it shall be liable for any loss incurred by Krankd Productions.
Privacy Act 1988
16.1 The Customer agrees to Krankd Productions obtaining a credit report containing personal credit information about the Customer.
16.2 The Customer agrees that Krankd Productions may exchange information about the Customer with credit providers for specified purposes.
16.3 The Customer consents to Krankd Productions being given a consumer credit report to collect overdue payment on commercial credit.
16.4 The Customer agrees that personal credit information provided may be used and retained by Krankd Productions for specified purposes.
16.5 Krankd Productions may give information about the Customer to a credit reporting agency for specified purposes.
16.6 The information given to the credit reporting agency may include personal particulars, details concerning the Customer’s application for credit, advice of any overdue accounts, and other relevant information.
Unpaid Seller’s Rights
17.1 If the Customer leaves any item with Krankd Productions for repair or other services and fails to pay, Krankd Productions has a lien on the item and the right to retain or sell it.
17.2 The lien of Krankd Productions continues despite legal proceedings or judgment for any moneys owing.
Equipment Hire
18.1 Equipment remains the property of Krankd Productions and is returnable on demand. If not returned or returned damaged, the Customer is liable for repair or replacement costs.
18.2 The Customer must keep the Equipment in good condition and insure it against loss or damage.
Building and Construction Industry Payments Act 2004
19.1 Disputes or claims for unpaid Goods/Services may be subject to the provisions of the Building and Construction Industry Payments Act 2004.
19.2 Nothing in this agreement affects any applicable provisions of the Building and Construction Industry Payments Act 2004, except as permitted by law.
General
20.1 Failure to enforce any provision of these terms shall not be a waiver, nor affect the right to enforce it later.
20.2 These terms are governed by the laws of the state where Krankd Productions operates, and are subject to its jurisdiction.
20.3 Krankd Productions shall not be liable for any indirect or consequential loss, except as required by law.
20.4 The Customer shall not set off any sums owed to Krankd Productions or withhold payment of any invoice.
20.5 Krankd Productions may amend these terms at any time, effective upon notification to the Customer.
20.6 Neither party shall be liable for events beyond their control.
20.7 The Customer warrants its power to enter this agreement and agrees to its terms.
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