AEM Consolidated Pty Ltd
These Terms and Conditions of Sale (Terms) apply to the supply of goods and services by AEM to the Customer on the terms and condition set out herein and the Customer acknowledges and agrees to be bound by these Terms for the provision of goods and services by AEM.
No other terms, conditions or other documents are relevant unless expressly acknowledged or referred to in, or attached to, these Terms. All prior agreements, representations or undertakings in relation to the subject matter of these Terms are hereby excluded, except to the extent that AEM expressly agrees otherwise in writing.
Each Order once accepted by us constitutes a separate contract between AEM and the Customer for the supply of goods and/or services specified in the applicable Order.
We may change the Terms at any time by publication on our website (https://aemgroup.net.au/) and the Terms applicable to each contract will be the Terms as publish at the date of the applicable Order.
1. Orders:
a. The Customer may place an Order with AEM to purchase goods and/or services at any time, but AEM is under no obligation to accept the whole or any part of an Order.
b. Each Order constitutes an offer by the Customer to enter into a contract to purchase the goods and/or services specified in the Order. Acceptance of any Order, or part of any Order, will occur when AEM issues an invoice to the Customer.
c. Once accepted by AEM, Orders are binding. If the Customer subsequently notifies AEM that the Customer wishes to cancel an Order, AEM will use reasonable endeavours to accommodate the cancellation, but the Customer must pay AEM for any loss, damage or expense incurred by AEM as a result of the cancellation.
d. The Customer agrees that it is solely responsible for the completeness and accuracy of all information provided in its Orders.
a. The Customer may place an Order with AEM to purchase goods and/or services at any time, but AEM is under no obligation to accept the whole or any part of an Order.
b. Each Order constitutes an offer by the Customer to enter into a contract to purchase the goods and/or services specified in the Order. Acceptance of any Order, or part of any Order, will occur when AEM issues an invoice to the Customer.
c. Once accepted by AEM, Orders are binding. If the Customer subsequently notifies AEM that the Customer wishes to cancel an Order, AEM will use reasonable endeavours to accommodate the cancellation, but the Customer must pay AEM for any loss, damage or expense incurred by AEM as a result of the cancellation.
d. The Customer agrees that it is solely responsible for the completeness and accuracy of all information provided in its Orders.
2. Supply of Goods and Services
a. AEM will provide the goods and services to the Customer as contained in an Order, or as otherwise agreed between parties in writing from time to time.
b. The completion or delivery dates specified in any Order are estimates only. AEM will use reasonable endeavours to meet any request completion or delivery dates and otherwise within a reasonable period. However, where this is not possible, in order to minimise any detriment that may be caused to the Customer, AEM will deliver products to the Customer by instalments within a reasonable period of time.
a. AEM will provide the goods and services to the Customer as contained in an Order, or as otherwise agreed between parties in writing from time to time.
b. The completion or delivery dates specified in any Order are estimates only. AEM will use reasonable endeavours to meet any request completion or delivery dates and otherwise within a reasonable period. However, where this is not possible, in order to minimise any detriment that may be caused to the Customer, AEM will deliver products to the Customer by instalments within a reasonable period of time.
3. Purchase Price:
a. Unless otherwise specified, all prices are in Australian Dollars and are exclusive of delivery costs and government charges such as GST.
b. All prices for the supply of goods and services are determined by AEM in its sole discretion and as specified at the time of placing your Order. AEM reserves the right to alter the prices for the supply of goods and services for any subsequent orders that you make with AEM.
a. Unless otherwise specified, all prices are in Australian Dollars and are exclusive of delivery costs and government charges such as GST.
b. All prices for the supply of goods and services are determined by AEM in its sole discretion and as specified at the time of placing your Order. AEM reserves the right to alter the prices for the supply of goods and services for any subsequent orders that you make with AEM.
4. Payment:
a. AEM will invoice the Customer for the good and services the subject of each Order.
b. The Customer must make payment for good and services the subject of each Order to AEM by cash, cheque, bank cheque or electronic funds transfer and without any deduction whatsoever, within 30 days of date of invoice and payment will be deemed to have been made only upon clearance of any payment instrument of which clearance is required, unless otherwise agreed in writing by AEM.
a. AEM will invoice the Customer for the good and services the subject of each Order.
b. The Customer must make payment for good and services the subject of each Order to AEM by cash, cheque, bank cheque or electronic funds transfer and without any deduction whatsoever, within 30 days of date of invoice and payment will be deemed to have been made only upon clearance of any payment instrument of which clearance is required, unless otherwise agreed in writing by AEM.
5. Interest will be charged on overdue accounts for invoices outstanding and not paid within 30 days of the date of the invoice at the rate charged to AEM by its bank on overdrafts up to $100,000, plus 2%, and calculated daily from date of invoice.
6. Property:
a. Title in goods shall not pass until payment in full of all monies owed by the Customer to AEM is made and AEM reserves the right to take possession and dispose of goods as it sees fit at any time until full payment.
b. If any goods belonging to us are sold or otherwise disposed of then the Customer shall hold the proceeds in trust for us. The customer acknowledges that AEM shall have a security interest which attaches over any goods that the customer has not paid for in full. The Customer consents to the registration and perfection of the interest set out in this clause 6 for the purposes of the Personal Property Securities Act 2009 (“PPSA”).
c. The Customer must not allow any person (other than us) to have or acquire any security interest in the goods provided under these Terms without the prior written consent from us.
a. Title in goods shall not pass until payment in full of all monies owed by the Customer to AEM is made and AEM reserves the right to take possession and dispose of goods as it sees fit at any time until full payment.
b. If any goods belonging to us are sold or otherwise disposed of then the Customer shall hold the proceeds in trust for us. The customer acknowledges that AEM shall have a security interest which attaches over any goods that the customer has not paid for in full. The Customer consents to the registration and perfection of the interest set out in this clause 6 for the purposes of the Personal Property Securities Act 2009 (“PPSA”).
c. The Customer must not allow any person (other than us) to have or acquire any security interest in the goods provided under these Terms without the prior written consent from us.
7. Warranty Policy:
a. Goods and materials – AEM gives no warranty on goods sold by it or on materials used in any repair work other than the warranty offered by the manufacturer of those goods or materials.
b. Repairs – AEM warrants its workmanship on all repairs for a period of 12 months from date of repair invoice. In any case where AEM’s workmanship is found to have been faulty within the warranty period, the Customer must return the repaired goods to AEM at the Customer’s expense and AEM will carry out the repairs again at no charge to the Customer. This warranty does not apply if the repaired goods have been tampered with after the warranted repairs, or if they have been misused, improperly installed, incorrectly connected to a power supply, inadequately maintained or otherwise abused.
a. Goods and materials – AEM gives no warranty on goods sold by it or on materials used in any repair work other than the warranty offered by the manufacturer of those goods or materials.
b. Repairs – AEM warrants its workmanship on all repairs for a period of 12 months from date of repair invoice. In any case where AEM’s workmanship is found to have been faulty within the warranty period, the Customer must return the repaired goods to AEM at the Customer’s expense and AEM will carry out the repairs again at no charge to the Customer. This warranty does not apply if the repaired goods have been tampered with after the warranted repairs, or if they have been misused, improperly installed, incorrectly connected to a power supply, inadequately maintained or otherwise abused.
8. Limitation of Liability:
a. All implied warranties and conditions (including any under statute) are excluded to the maximum extent permitted by law.
b. If a supply under these terms is a supply of “goods” or “services” to a consumer within the meaning of the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Law Act 2010 (Cth) (“ACL”), nothing contained in these Conditions excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability which cannot be excluded. However, to the extent that the ACL permits the Company to limit its liability, then the Company’s liability will be limited at the Company’s option to:
(1) in the case of goods: replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or of acquiring equivalent goods; or payment of the cost of having the goods repaired; and
(2) in the case of services, to: supplying the services again; or payment of the cost of having the services supplied again.
c. AEM will not be liable to the Customer in any way for any contingent consequential direct or indirect special or punitive damage arising in any way and the Customer acknowledges this express limit of liability and agrees to limit any claim accordingly.
a. All implied warranties and conditions (including any under statute) are excluded to the maximum extent permitted by law.
b. If a supply under these terms is a supply of “goods” or “services” to a consumer within the meaning of the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Law Act 2010 (Cth) (“ACL”), nothing contained in these Conditions excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability which cannot be excluded. However, to the extent that the ACL permits the Company to limit its liability, then the Company’s liability will be limited at the Company’s option to:
(1) in the case of goods: replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or of acquiring equivalent goods; or payment of the cost of having the goods repaired; and
(2) in the case of services, to: supplying the services again; or payment of the cost of having the services supplied again.
c. AEM will not be liable to the Customer in any way for any contingent consequential direct or indirect special or punitive damage arising in any way and the Customer acknowledges this express limit of liability and agrees to limit any claim accordingly.
9. Exclusions:
a. Sample: No contract between AEM and the Customer shall be or be deemed to be a sale by sample.
b. If AEM publishes material concerning its goods, services and prices anything so published which is incompatible with these Terms is expressly excluded.
c. All such material published by AEM is to be taken as representing generally the goods and services concerned and is not to be taken as necessarily representing the goods or services comprised in any quotation or order and will not form part of any contract between AEM and the Customer.
d. The Customer will rely on its own knowledge and expertise in selecting any goods or services for any purpose and any advice or assistance given for or on behalf of AEM shall be accepted at the Customer’s risk and shall not be or be deemed given as expert or adviser nor to have been relied upon by the Customer or anyone claiming through the Customer.
a. Sample: No contract between AEM and the Customer shall be or be deemed to be a sale by sample.
b. If AEM publishes material concerning its goods, services and prices anything so published which is incompatible with these Terms is expressly excluded.
c. All such material published by AEM is to be taken as representing generally the goods and services concerned and is not to be taken as necessarily representing the goods or services comprised in any quotation or order and will not form part of any contract between AEM and the Customer.
d. The Customer will rely on its own knowledge and expertise in selecting any goods or services for any purpose and any advice or assistance given for or on behalf of AEM shall be accepted at the Customer’s risk and shall not be or be deemed given as expert or adviser nor to have been relied upon by the Customer or anyone claiming through the Customer.
10. Customer Material etc: The Customer acknowledges and agrees that it is the Customer’s sole responsibility to ensure that materials, designs, drawings, specifications, procedures etc which are provided by or on behalf of the Customer, to be used by AEM in meeting any Orders, are correct and appropriate in every particular and will be relied upon by AEM.
11. Additional costs: The Customer acknowledges and agrees that it will be responsible for the following additional costs unless the contrary is expressly stated in the Order:
a. altering items to non-standard package sizes;
b. drums, cases, packages and reels;
c. special packaging and tooling requirements;
d. insurance for goods in transit to or from AEM’s premises;
e. all costs incurred by AEM due to deferral of delivery at the request of the Customer beyond the agreed delivery date.
a. altering items to non-standard package sizes;
b. drums, cases, packages and reels;
c. special packaging and tooling requirements;
d. insurance for goods in transit to or from AEM’s premises;
e. all costs incurred by AEM due to deferral of delivery at the request of the Customer beyond the agreed delivery date.
12. Delivery: The Customer acknowledges and agrees that –
a. AEM accepts no responsibility or duty for delivery of goods the subject of any Order, but may agree to deliver, or arrange delivery, at its discretion;
b. unless otherwise specified in the Order, the Customer will be liable for all costs associated with the delivery of goods;
c. risk in the goods will pass to the Customer:
(1) immediately upon the goods being collected from AEM’s premises (or agreed location) by the Customer or any third party delivery agent, irrespective of whether such carrier is organised by the Customer or AEM; or
(2) if AEM has agreed to deliver the goods itself, immediately once delivered to the Customer’s business premises or site by AEM;
d. a certificate purporting to be signed by an officer of AEM confirming delivery shall be conclusive evidence of delivery as shall any signed delivery docket;
e. AEM will not be liable for delay or failure or inability to deliver any goods or perform any services;
f. The Customer must collect or accept delivery of the goods (as applicable) within 30 days of being notified the goods are ready for collection or delivery, the Customer agrees to pay all costs reasonably incurred by AEM in holding those goods for the Customer.
a. AEM accepts no responsibility or duty for delivery of goods the subject of any Order, but may agree to deliver, or arrange delivery, at its discretion;
b. unless otherwise specified in the Order, the Customer will be liable for all costs associated with the delivery of goods;
c. risk in the goods will pass to the Customer:
(1) immediately upon the goods being collected from AEM’s premises (or agreed location) by the Customer or any third party delivery agent, irrespective of whether such carrier is organised by the Customer or AEM; or
(2) if AEM has agreed to deliver the goods itself, immediately once delivered to the Customer’s business premises or site by AEM;
d. a certificate purporting to be signed by an officer of AEM confirming delivery shall be conclusive evidence of delivery as shall any signed delivery docket;
e. AEM will not be liable for delay or failure or inability to deliver any goods or perform any services;
f. The Customer must collect or accept delivery of the goods (as applicable) within 30 days of being notified the goods are ready for collection or delivery, the Customer agrees to pay all costs reasonably incurred by AEM in holding those goods for the Customer.
13. Return of Goods:
a. AEM may accept the return of goods which were incorrectly delivered; or damaged prior to risk passing; or defective and the manufacturer’s warranty covers the defect and the manufacturer agrees to replace or resupply the goods.
b. If goods are returned to AEM prior to AEM accepting responsibility for such incorrect delivery or damage or defect, AEM will only accept such return as agent of the Customer and without AEM accepting any liability itself or on behalf of the manufacturer.
c. Claims for such incorrect delivery or damage or defect must be made to AEM within three business days of delivery.
d. Where any returned goods are returned to the manufacturer or supplier they remain at the Customer’s risk pending acceptance of liability by the manufacturer.
e. The Customer is to pay the freight and all other costs of returning the goods (to AEM and, where applicable, to the manufacturer or supplier) unless the manufacturer’s warranty covers such costs.
f. Except where returned goods are defective, AEM will only accept their return if –
(1) the Customer has made prior arrangements with AEM for the return of the goods;
(2) the goods were incorrectly supplied or damaged prior to risk passing;
(3) the goods are not obsolete or incomplete or damaged or otherwise imperfect;
(4) the Customer provides the relevant purchase invoice numbers;
(5) the Customer pays the return freight charges;
(6) the Customer carries the risk of loss or damage in transit during return to AEM (and, where applicable, to the manufacturer or supplier); and
(7) the goods are in the original packaging or as supplied and are in “as new” condition.g. Any credit or refund granted by AEM for returned goods may incur a 20% re-stocking fee, except where the goods are defective or the customer otherwise has a right of return at law.
a. AEM may accept the return of goods which were incorrectly delivered; or damaged prior to risk passing; or defective and the manufacturer’s warranty covers the defect and the manufacturer agrees to replace or resupply the goods.
b. If goods are returned to AEM prior to AEM accepting responsibility for such incorrect delivery or damage or defect, AEM will only accept such return as agent of the Customer and without AEM accepting any liability itself or on behalf of the manufacturer.
c. Claims for such incorrect delivery or damage or defect must be made to AEM within three business days of delivery.
d. Where any returned goods are returned to the manufacturer or supplier they remain at the Customer’s risk pending acceptance of liability by the manufacturer.
e. The Customer is to pay the freight and all other costs of returning the goods (to AEM and, where applicable, to the manufacturer or supplier) unless the manufacturer’s warranty covers such costs.
f. Except where returned goods are defective, AEM will only accept their return if –
(1) the Customer has made prior arrangements with AEM for the return of the goods;
(2) the goods were incorrectly supplied or damaged prior to risk passing;
(3) the goods are not obsolete or incomplete or damaged or otherwise imperfect;
(4) the Customer provides the relevant purchase invoice numbers;
(5) the Customer pays the return freight charges;
(6) the Customer carries the risk of loss or damage in transit during return to AEM (and, where applicable, to the manufacturer or supplier); and
(7) the goods are in the original packaging or as supplied and are in “as new” condition.g. Any credit or refund granted by AEM for returned goods may incur a 20% re-stocking fee, except where the goods are defective or the customer otherwise has a right of return at law.
14. Goods and Services
a. AEM disclaims any responsibility or liability whatsoever relating to any goods or services –
(1) made or performed to designs, drawings and/or specifications and/or procedures etc or with materials which are provided or approved (whether wholly or partly) by or on behalf of the Customer;
(2) utilised, stored, handled or maintained incorrectly or inappropriately;
b. The Customer agrees to check all goods and services for compliance with all relevant applicable standards and regulatory bodies before use, on-sale or application and to use or apply same in accordance with all applicable standards, regulations and guidelines and with all manufacturer’s and AEM‘s recommendations and directions as well as with good practice.
a. AEM disclaims any responsibility or liability whatsoever relating to any goods or services –
(1) made or performed to designs, drawings and/or specifications and/or procedures etc or with materials which are provided or approved (whether wholly or partly) by or on behalf of the Customer;
(2) utilised, stored, handled or maintained incorrectly or inappropriately;
b. The Customer agrees to check all goods and services for compliance with all relevant applicable standards and regulatory bodies before use, on-sale or application and to use or apply same in accordance with all applicable standards, regulations and guidelines and with all manufacturer’s and AEM‘s recommendations and directions as well as with good practice.
15. Corrections: An error or misprint in computation, typing or otherwise in any of AEM’s documents including a catalogue, a price list, a delivery docket, an invoice, a statement or a credit note shall be subject to correction by AEM by means of re-issue of the document concerned or by the issue of an adjusting document.
16. Variation: Any variation or cancellation of these Terms or any order must be in writing and signed by duly authorised representatives of AEM and the Customer.
17. Severability: Any part of these Terms being a whole or part of a clause, shall be capable of severance without affecting any other part of these Terms.
18. Customer Restructure: The Customer will notify AEM in writing of any change in its structure or management including any change in director, shareholder or management or change in partnership or trusteeship within 7 days of the date of any such change.
19. Jurisdiction: The Customer agrees that all contracts made with AEM shall be deemed to be made in the State of South Australia and where applicable the Commonwealth of Australia and the Customer submits to the non-exclusive jurisdiction of the courts of South Australia.
20. Credit Limit: If AEM grants any credit facility or nominates any credit limit, this is an indication only of its intention at the time. AEM can vary or withdraw any credit facility at any time at its discretion and without any liability to the Customer or any other party.
21. Waiver: In the event that AEM elects not to exercise any of its rights arising as a result of any breach of these Terms, such election shall not constitute a waiver of any rights of AEM relating to any subsequent or other breach.
22. Forward Orders: If the Customer places a forward order the Customer agrees –
a. to pay for so much of any order as is from time to time invoiced by AEM;
b. that no delay or failure to fulfil any part of any Order shall entitle the Customer to cancel or vary any order or delay or reduce any payment.
a. to pay for so much of any order as is from time to time invoiced by AEM;
b. that no delay or failure to fulfil any part of any Order shall entitle the Customer to cancel or vary any order or delay or reduce any payment.
23. Force Majeure:
a. In these Terms, ‘Force Majeure Event’ means any acts of god, wars, insurrection or other significant civil disturbance, fire, floods, wind, explosion, power failure, accidents, breakdowns of plant or machinery, unavailability of or delays in shipping, transport strikes, lock-outs of workers, shortages or other default by a selected supplier of fuel, power or raw material, priority for supplies claimed by the Federal or State Governments of the Commonwealth of Australia or any overseas government, embargo, act of government, epidemic, pandemic or consequential government or local authority order, and includes any other similar happening or event.
b. If AEM is unable to deliver the goods by any agreed time for delivery or supply any services due to a Force Majeure Event, then the Customer will not be entitled to make any claim against AEM resulting from any delay in the manufacture or delivery of the goods ordered;
c. where delivery has been continuously delayed by more than 90 days from any agreed time for delivery of the goods, then AEM and the Customer will each have the option to cancel any Orders in respect of those goods and/or services;
d. any cancellation pursuant to the clause above will be effective upon on the fifth day after written notice of the cancellation has been provided to AEM;
b. If AEM is unable to deliver the goods by any agreed time for delivery or supply any services due to a Force Majeure Event, then the Customer will not be entitled to make any claim against AEM resulting from any delay in the manufacture or delivery of the goods ordered;
c. where delivery has been continuously delayed by more than 90 days from any agreed time for delivery of the goods, then AEM and the Customer will each have the option to cancel any Orders in respect of those goods and/or services;
d. any cancellation pursuant to the clause above will be effective upon on the fifth day after written notice of the cancellation has been provided to AEM;
24. Packaging:
a. All re-usable packaging remains the property of AEM and the Customer is responsible for damage to and loss of such packaging. The Customer must retain all such packaging for collection by AEM or the manufacturer.
b. The Customer agrees that it is solely responsible for ensuring that all product used by it for packaging etc. complies fully with all relevant laws, regulations and standards, etc applicable to that use.
a. All re-usable packaging remains the property of AEM and the Customer is responsible for damage to and loss of such packaging. The Customer must retain all such packaging for collection by AEM or the manufacturer.
b. The Customer agrees that it is solely responsible for ensuring that all product used by it for packaging etc. complies fully with all relevant laws, regulations and standards, etc applicable to that use.
25. Tooling: The Customer agrees that all tooling, material, industrial or intellectual property employed in the production and supply of any goods or provision of any services will be and remain the property of AEM notwithstanding any contribution by the Customer thereto.
26. Customer Materials: The Customer agrees that any of its materials or property used by AEM in the production and supply of any goods or the provision of any services will be at the Customer’s risk in all things and be of merchantable quality and fit for the purpose.
27. Industrial and Intellectual Property: The Customer warrants and agrees that at all material times it will have all necessary industrial and intellectual property rights in any goods or services it requests of AEM.
28. Abnormal Payments: The Customer agrees to pay an administration fee of 2 per cent (calculated on the amount paid) on any payment which is made other than as provided in Clause 4 hereof, which fee is agreed as the liquidated cost of processing such abnormal payments.
29. Pallets: The Customer agrees to return all pallets provided to it by AEM with any goods or otherwise and to indemnify AEM for the full replacement cost of any pallet not returned to AEM within 30 days.
30. Privacy:
a. AEM will collect, use and disclose information about you in accordance with the Privacy Policy available on our website ( https://aemgroup.net.au/privacy-policy/).
b. To enable us to assess the Customer’s Credit Application for commercial credit, the Customer authorises AEM as follows:
(1) If asked to provide commercial credit, to obtain from a credit reporting agency a credit report containing personal credit information about the Customer.
(2) If asked to provide personal credit, to use a credit report containing information about the Customer’s commercial activities or commercial creditworthiness from a business which provides information about the commercial creditworthiness of a person.
c. The Customer agrees that if they default on our terms of credit, AEM may list information about the credit default with a credit reporting agency. This is in accordance with (Section 18E (1)(b)(vi) of the Privacy Act 1988.
b. To enable us to assess the Customer’s Credit Application for commercial credit, the Customer authorises AEM as follows:
(1) If asked to provide commercial credit, to obtain from a credit reporting agency a credit report containing personal credit information about the Customer.
(2) If asked to provide personal credit, to use a credit report containing information about the Customer’s commercial activities or commercial creditworthiness from a business which provides information about the commercial creditworthiness of a person.
c. The Customer agrees that if they default on our terms of credit, AEM may list information about the credit default with a credit reporting agency. This is in accordance with (Section 18E (1)(b)(vi) of the Privacy Act 1988.
31. Termination
a. AEM may, in addition to any other course of action available to us, elect to terminate or rescind any Order by notice in writing to the Customer if the Customer: is served with any proceedings under the Bankruptcy Act 1966 (Cth) or the winding-up provisions of the corporation’s law or similar legislation, is insolvent or unable to pay its debts as and when they fall due; or is placed in liquidation, provisional liquidation, voluntary administration or if it or any of its assets are placed in receivership or under external management or control.
b. In the event an Order is terminated pursuant to this clause 30, AEM has no obligation to fulfill any such Order and has no liability to the Customer.
a. AEM may, in addition to any other course of action available to us, elect to terminate or rescind any Order by notice in writing to the Customer if the Customer: is served with any proceedings under the Bankruptcy Act 1966 (Cth) or the winding-up provisions of the corporation’s law or similar legislation, is insolvent or unable to pay its debts as and when they fall due; or is placed in liquidation, provisional liquidation, voluntary administration or if it or any of its assets are placed in receivership or under external management or control.
b. In the event an Order is terminated pursuant to this clause 30, AEM has no obligation to fulfill any such Order and has no liability to the Customer.
32. GST
If these Terms or any supply under or in respect of these Terms becomes subject to GST, and if the recipient of the consideration is liable to GST in relation to any supply under these Terms, the parties agree that the amount payable for any supply under or in respect of these Term by any party shall be adjusted by the amount of the GST. Each party agrees to do all things, including providing invoices or other documentation in such form and detail that may be necessary to enable or assist the other party/parties to claim or verify any input tax credit, set off, rebate or refund in relation to any GST payable under these Terms or in respect of any supply under these Terms.
If these Terms or any supply under or in respect of these Terms becomes subject to GST, and if the recipient of the consideration is liable to GST in relation to any supply under these Terms, the parties agree that the amount payable for any supply under or in respect of these Term by any party shall be adjusted by the amount of the GST. Each party agrees to do all things, including providing invoices or other documentation in such form and detail that may be necessary to enable or assist the other party/parties to claim or verify any input tax credit, set off, rebate or refund in relation to any GST payable under these Terms or in respect of any supply under these Terms.
33. Definitions
In these Terms:
AEM, we, our and us means AEM CONSOLIDATED PTY LTD ACN 128 049 169.
Customer means the person or entity that requests the goods and services from AEM.
Order means an order to purchase goods made by a Customer placed verbally, by text message, email or sending a purchase order to AEM or otherwise communicating with AEM by any means acceptable to AEM to place an order.
In these Terms:
AEM, we, our and us means AEM CONSOLIDATED PTY LTD ACN 128 049 169.
Customer means the person or entity that requests the goods and services from AEM.
Order means an order to purchase goods made by a Customer placed verbally, by text message, email or sending a purchase order to AEM or otherwise communicating with AEM by any means acceptable to AEM to place an order.
