Terms and Conditions

2

In these terms and conditions:

• "Company”, “us” or “we”  means Get Packed Pty Ltd (ABN 47 074 596 197);
• "buyer", "customer" or “you” means the persons (including it's/their successors, personal representatives and permitted assigns) acquiring goods from the Company or viewing the website. Where there is more than one Buyer, the covenants on their part contained herein shall be deemed to be joint and several covenants;
• "goods" means all goods/products and/or services supplied by the Company to the Buyer or customer.

2. GOVERNING LAW
(i) Your use of this website and any dispute arising out of such use of the website is governed by the laws of New South Wales, Australia.
(ii) These terms and conditions are governed by the laws of New South Wales, Australia.
(iii) The Buyer and the Company agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and the courts appeal from them.

3. CREDIT TERMS AND CONDITIONS
Please read this carefully
These terms and conditions are deemed to be incorporated into all contracts for the supply of goods by the Company to the Buyer and supersede all terms and conditions previously issued by the Company. No contract for the supply of goods shall exist between the Company and the Buyer except upon these terms and conditions, unless their exclusion or modification is agreed to in writing by the Company. Any order placed by the Buyer to the Company for the supply of goods is deemed to be an order incorporating these terms and conditions, notwithstanding any inconsistencies in the order of the Buyer. Where the Buyer places an order for goods which contains terms and conditions different from those herein, subsequent delivery of the goods to the Buyer shall be deemed to be a counter-offer to supply the goods on these terms and conditions and such a counter-offer shall be deemed to be accepted by the Buyer on acceptance of the goods.
(i) The Buyer agrees to pay for the goods at the time of order unless they have completed a Credit Application which has been provided and approved by the Company. 
(ii) Credit Terms are determined by the Company and are only provided once a Credit Application has been approved by the Company.
(iii) Credit terms are deemed to be 30 days from the date of invoice unless stated otherwise by the Company.
(iv) The Company does not accept that a query on part of an account is sufficient reason for non payment. Any claims against alleged errors should be made within 7 working days of goods / services being supplied.
(v) Should the Buyer default in the payment of any statement on due date then all monies due to the Company shall immediately become due and payable and shall be paid by the Buyer within forty five (45) days of the date of demand and the Company shall be entitled to charge interest on all overdue accounts from the date of due payment at the rate which equates to the overdraft interest rate charge plus two percent (2%) to the Company by its Bank to the Buyer.
(vi) Should the Buyer default in the payment of any monies comprised in the Buyers debt (such money being due and payable at the time expressly agreed between the Company and the Buyer and in default of such agreement according the normal terms of trade of the Company or, in respect of amounts not covered by the Company's ordinary terms of trade on demand by the Company), the Company can;
(a) appoint a receiver, receiver and manager, liquidator, provisional liquidator, official manager, or administrator over all or any of the assets of the Buyer or a scheme of arrangements is proposed or approved with respect to the Buyer;
(b) Present a petition for the winding-up of the Buyer.
(vii) The Buyers shall pay to the Company the costs and expenses incurred by the Company of solicitors, legal advisers, mercantile agents and other agents acting on the Company's behalf in respect of any recovery or attempted recovery of either the Buyers debt or possession of the goods (whether in whole or in part) and the amount payable shall form part of the Buyers debt.
(viii) All goods sold to Buyers are subject to the Company terms and conditions which prevail over any contrary terms and conditions incorporated in standard orders supplied by Buyers.
(ix) The Company shall be entitled without notice to terminate any credit arrangements with the Buyer in the event of the Buyer defaulting in any of the terms and conditions herein contained . It is our normal practice to advise a Buyer if goods are not to be shipped from our warehouse due to non payment. HOWEVER, not withstanding, the Company will not accept responsibility or any liability of any claim arising from such non-shipment.
(x) The Company shall be entitled at any stage during the continuance of this agreement to request such security or additional security as the Company shall in its discretion think fit and shall be entitled to withhold supply of any goods or credit arrangements until such security or additional security shall be obtained.
(xi) Minimum invoicing value is $200.00.
(xii) A Buyer who cancels an order after it has been dispatched or incorrectly orders goods except for custom made items, which are non returnable, will incur a handling and administration fee of 15% of the total invoice plus the freight costs.

4. TITLE TO GOODS
Until the purchase price of the goods comprised in any invoice and all other monies due by the Buyer to the Company on any account whatsoever have been paid or satisfied in full:
 (i) All Products delivered by The Company to the Customer under these terms and conditions remain the property of The Company until the Customer has paid the Purchase Prices for the relevant Products and all money due to The Company by the Customer in full.
(ii) The Customer bears the risk relating to the Products from the time those Products are dispatched by The Company.
(iii) Upon taking possession of the Products, the Customer must store the Products:
(a) separately from other goods of the Customer, so that the Products are not mixed with those other goods; and
(b) in such a way that the Products are recognisable as the property of The Company.
(iv) The Customer acknowledges that these terms and conditions creates a security interest under the PPSA in the Products and any other products to be supplied in the future and consents to The Company effecting a registration on the PPSA register in relation to any security interest contemplated by these terms and conditions. The Customer agrees to pay all costs, expenses and other charges incurred, expended or payable by The Company in relation to the filing of a financing statement or financing change statement in connection with these terms and conditions.
(v)    The Customer must not charge the Products in any way or grant or otherwise give any interest in the Products while it remains the property of The Company, nor allow any third party to acquire a security interest in the Products.
(vi) Any time the Customer makes a payment to The Company, irrespective of whether the payment is made under or in connection with these terms and conditions, The Company may apply that payment:
(a)  first, to satisfy an obligation that is not secured;
(b) second, to satisfy an obligation that is secured, but not by a purchase money security interest;
(c) third, to satisfy an obligation that is secured by a purchase money security interest for that obligation and using proceeds from the sale of the collateral subject to that purchase money security interest; and
(d) fourth, to satisfy an obligation that is secured by a purchase money security interest using funds or proceeds from any source,
(e)  or, despite the foregoing, any manner The Company sees fit.
(vii)  If the Customer fails to comply with any obligation under these terms and conditions then without limiting the remedies available to The Company:
(a)  upon request by The Company, the Customer must return the Products and any other products on which there are outstanding amounts owing;
(b)  the Customer authorises The Company and any person authorised by The Company to enter premises where the Products or other products may be located to take possession of the Products; and
(c) The Company may retain, sell or otherwise dispose of the Products or other products.
(viii) The Customer agrees to the extent permitted under the PPSA, the Customer has no right:
(a)  to receive notice of removal of an accession under the PPSA;
(b)  under Chapter 4 of the PPSA; or
(c)  under the PPSA to receive a copy of any verification statement or financing change statement under the PPSA.
(ix) The Customer must unconditionally ratify any actions taken by The Company under this clause (viii)(c).
(x) In this clause (viii)(c), the following words have the respective meanings given to them in the PPSA: account, proceeds, purchase money security interest, register, registration, security interest and verification statement.
(xi) Each party agrees to keep PPSA Information in strict confidence and not disclose that information, except in circumstances required by sections 275(7)(b) or (e) PPSA, provided that where sections 275(7)(b) or (e) require such disclosure, the party that is required to disclose the information gives all available notice to the other party to allow that party to legally challenge the required disclosure and takes all available steps (whether required by the other party or not) to maintain such PPSA Information in confidence.
(xii)     Each party agrees not to authorise the disclosure of any PPSA Information to any third party pursuant to section 275(7)(c) PPSA or request information under section 275(7)(d) PPSA unless the other party to these terms and conditions explicitly agrees.
(xiii) The Company may at any time recover the goods comprised in any such invoice if they are in the Buyers possession and resell the goods if any payment owed by the Buyer on any account is overdue or if the Company considers that the amount outstanding on the general statement of account between them is in excess of the credit limit which the Company is willing to accord the Buyer.
(xiv) For the purpose of so recovering the goods, the Company, its servants or agents, may enter upon the Buyers or other premises on which the goods are located.
(xv) The Buyer shall possess all goods comprised on any invoice on a fiduciary basis only.
 (xvi) The Buyer has the right to dispose of the goods in the course of its business for the account of the Company and to pass good title in the goods to its purchaser being a bona fide purchaser for value without notice of the Company.
(xvii) The payment of any account or invoice of the Buyer shall become immediately due and payable on the Bankruptcy Winding-up or Receivership of the Buyer.
(xviii) The Company is entitled to retake possession of any unpaid goods in the event that the Buyer defaults or commits an act of bankruptcy, or a Receiver is appointed, or the Buyer goes into liquidation, or official management, or some other form of insolvency administration, whether formal or informal, or the Buyer ceases to carry on business, or the Buyer makes a scheme or compromises with his creditors, without prejudice to any other rights of the Company.
(xix) The Company shall have a right to any claims the Buyer may have against a purchaser from the Buyer emanating from the sale of these goods.
(xx) The Company is entitled to trace the proceeds of the sale of such goods.
(xxi) The Company will not be liable to the Buyer (whether in contract, in tort, under statute or in any other way and whether due to negligence, deliberate conduct or any other cause (and whether in respect of direct or indirect loss) or for any act, omission or event arising out of or in any way connected with the goods or any order or any contract with the Buyer.

5. PRODUCT SUITABILITY
(i) Goods from the Company are checked randomly to ensure quality consistency.

(ii) All information and recommendations issued on Company goods have been based on research and are believed to be reliable but do not constitute a warranty. All Company goods are sold with the understanding that the buyer will independently determine the product's suitability for the buyer's purpose.

6. WARRANTY
All packaging machinery is covered by a standard six months labour / six months parts warranty, based on a standard 38-hour working week unless otherwise stated on the invoice. Service contracts and extended warranties are also available. Most parts are available from stock. In the unlikely event of a breakdown, return the machine to us; we will repair it and return it to you as soon as possible.

7. WEAR TIMES & SPARE PARTS
As with all packaging machinery, some parts will suffer wear & tear over time. The most common wear parts are the Teflon Tape, Sealing Rubbers, Sealing Blades and Wires, Knives, Drive & Conveyor Belts. These, however, are easily replaced and are available from stock in most cases. Customers can choose from next-day or three-day delivery.

8. MAINTENANCE
We appreciate that not all routine maintenance gets done in today's busy production schedules. Many warehouses operate without any full-time in-house engineering support. To ensure optimum performance, we recommend that wear parts are checked regularly and replaced as and when required, and machines are blown out and cleared of dust and debris weekly. Service visits can be arranged by contacting sales@getpacked.com.au

9. SERVICE VISITS
Get Packed pride itself on looking after the customer, including servicing the machinery we sell and/ or your existing machinery. We have our own fully trained in-house technicians who are trained in all the Packaging Machinery we sell, as well as a range of experienced electricians and service technicians that specialise in unique machinery throughout the country.  We offer a warranty on all new machinery we sell and carry a large range of spare parts to limit downtime. We find that many issues can be dealt with over the telephone, and we can send most parts out the same day if required.  Get Packed charges $185.00 / hour + GST for on-site service which is calculated on service time, the knowledge to diagnose the problem,  locate/source the parts as well as travel time & related expenses (flights, tolls & parking costs if required). If you have a query or want to book a service call, please call (02) 9452 3566 or sales@getpacked.com.au .
 

10. HIRE
The hiring or rental of packaging machinery is available for either long term (monthly / yearly) or weekly short term periods of high demand in production or when your machines have broken down and being repaired. We realise that down time costs money.
(i) The hiring of equipment will commence from the commencement date specified on the delivery docket / Invoice ( agreement schedule) and continues for the term specified normally charged in weekly blocks.
(ii) The hirer agrees to pay Get Packed Pty Ltd (the owner) the hire fee specified in the schedule for the equipment for the hire period, which includes any applicable GST and freight.
(iii) The hirer agrees to pay any extra rental due if the period is extended, at the previously agreed rate, if a hire charge is applicable, regardless if the extension is agreed to by Get Packed (the owner) or not.
(iv) The hire fee must be paid to Get Packed Pty Ltd (the owner) prior to or on the commencement date of the hire period with future payments made in advance.
(v) The hirer is entitled to use the equipment for the hire period and for any extension of the period so long as it is agreed to by Get Packed (the owner).
(vi) The hirer agrees to return the goods to the address of the owner on or before the end of the hire period as outlined in the schedule. 
(vii) The owner will not refund any hire charge monies if the hirer elects to return the equipment prior to the end of the hire period, regardless of reason.
(viii) The hirer agrees to operate, maintain and store the equipment strictly in accordance with any instruction provided by Get Packed Pty Ltd, with due care and diligence, only for its intended use and in accordance with any manufacturer’s instructions and recommendations whether supplied by Get Packed Pty Ltd or posted on the equipment as to the operations, maintenance and storage thereof.
(ix) The hirer agrees to comply with all Workplace Health and Safety laws relating to the use of the equipment and related operations.
(x) The hire period is completed when the equipment has been returned to Get Packed Pty Ltd: in the same condition as when it was hired; and on or by the date and time outlined in the schedule.
(xi) The hirer will assume all risks and liabilities for and in respect of the equipment and for all injuries to or deaths of persons and any damage to property howsoever arising from the hirer’s possession, use, maintenance, repair or storage of the equipment.

11. RECOMMENDED CLEANING & INSTALLATION PROCEDURES FOR SPECIALITY TAPES
(i)  SURFACE EVALUATION
Most adhesive backed tapes are suitable for bonding to a variety of surfaces, including many plastics, composites, sealed wood, sealed concrete and metals.  A thorough evaluation is recommended when bonding to any questionable surface.  Porous surfaces such as wood, concrete & brick should be smooth & sealed with an appropriate sealer prior to application.
Our tapes can only be applied to a surface that has been adequately cleaned and is dry and smooth.  Very smooth & high gloss surfaces should be scuffed with 1200 wet & dry grit or equivalent abrasive followed by the cleaning process mentioned in Step 2.

Surfaces must be free of:

• Any Contaminants
• Moisture & Chemical Residue
• Dust, Fibres, Concrete Powders, Sand, Soil or Dirt Particles
• O.E.M. Cleaners, Grease, Wax, Detergent & Soap Residues
• Flaking Paint, Rust or any Loose Material.

(ii) CLEANING INSTRUCTIONS
The surface being applied to should be cleaned with an appropriate cleaning solution, preferably IPA (Isopropanol) using a clean lint-free wiping cloth or disposable wipe (never re-cycled rages).  This should be performed no more than 15 minutes prior to application.
Surfaces that show any indication of flaking, rust or sediment build up, should be scuffed prior to application to loosen & remove any particles prior to the use of the cleaning solution.  This can be achieved using various methods such as wire brushing, sanding & other similar means.
Under no exception should a chemical remover be used.
(iii) INSTALLATION PROCESS
Once the surface has been adequately smoothed, cleaned & allowed to dry or cure the installation can occur.  Remove the protective release liner from the adhesive tape immediately prior to applying to the part you are bonding, being careful not to contaminate the adhesive with fingers or hands.
Once the tape is in place, ensure that sufficient rub down pressure is applied to the entire surface area of tape to activate the pressure sensitive adhesive.  Surface temperature should be above 10 degrees C at time of application.  (Use some heat if necessary – Hair Dryer, Fan Heater etc).
(iv) STORAGE
All tapes should be stored at room temperature to avoid moisture/condensation build up on the adhesive.
(V) SPECIAL NOTE
Adhesive Bond Strength will improve with time varying from a few hours to 2-3 days depending on adhesive tape product used and climatic conditions.  If you require further assistance please contact your Get Packed Technical Sales Representative.

12. SIZING & TOLERANCE

1. The company endeavours to make sizing listed on the website as accurate as possible, with a tolerance of 10%
2. Converting of sizing from imperial (inches) to metric (mm), will from time to time give variations.
3. All products that are custom made will a have a variations in the allowable tolerances of up to 10%, depending on the size and criteria of that product being manufactured.

13. QUANTITIES AND PRINTING
(i) The Company will use all reasonable endeavours to supply the quantity of goods ordered by the Buyer. However good delivery shall be constituted when underage and overage is not more than 15%
(ii) Any printing, artwork or composition that may be required by the Buyer will be done or deemed to have been done upon the instructions of the Buyer and the Buyer assumes all liability and agrees to indemnify and hold the Company harmless in respect of any resulting infringement of copyright, trademarks, patents or designs and any claims, costs, expenses, damages and liabilities that may result there from.
(iii) Any product that is custom made is the responsibility of the Buyer and the Company takes no responsibility if the Buyer has ordered an incorrect size, colour, shape or the product does not meet the Buyers needs. A sample can be made of any product and it is up to the Buyer to request one to determine if that product is suitable for their needs.

14. PRICING
Every care is taken that correct pricing is provided on this website however Get Packed will not be held responsible for any pricing errors that may occur.
(i) All prices shown and/or quoted are subject to change without notice.
(ii) All prices shown and/or quoted are plus GST 10% /tax exclusive.
(iii) The recommended prices listed are subject to change without notice.

15. RETURNS and REFUNDS POLICY

(a) If the goods are found to be defective or faulty as determined by The Company or the manufacturer of the goods
(b) If the goods are damaged in Transport and confirmed by the transport company.
(ii) It is at the discretion of The Company to provide a refund or replace goods in circumstances where:
(a) the customer has changed their mind
(b) The customer has incorrectly determined the suitability of a product for their purpose

In the event of any of 15 (ii) (a) or  (b) and the Company agrees to accept a return of the goods the Company will charge a restocking fee of 25% of the total value of the invoice relating to the goods.
 (iii) The Company cannot accept returns or provide refunds once an order for custom made goods has been manufactured and or machinery imported on the customers behalf.
(iv) The Buyer is responsible for all delivery costs, including initial and return shipping costs, which will not be refunded.
(v) The customer must provide proof of purchase for all purchases.

16. DELIVERY
The Company will make all reasonable efforts to have goods delivered to the Buyer on the date agreed as the delivery date, but the Company shall not be under any liability whatsoever for the consequences of any delay should the delivery not be made on this date.
The company will charge freight on all deliveries, this freight will be either an agreed amount or a set rate.

17. EXPLANATION OF ACCOUNT TYPES
30 DAY CHARGE ACCOUNT - Payment must be received in our office within 30 days from INVOICE date.
No statements are issued unless asked for.