See Warranty Information on separate page.

Standard Terms and Conditions of Sale

Effective 1st Nov 2009

These Terms and Conditions are incorporated in all Contracts between Condor Technologies Trading Pty Ltd – ABN 37 139 643 511 and the Customer for the supply of Goods or Services or both by Condor.

1.             DEFINITIONS

In these Terms and Conditions the following words have the meanings shown:
(a) “Condor” means Condor Technologies Trading Pty Ltd;
(b) “Customer” means the person, firm or company placing the Order with Condor;
(c) “Application” means the application by the Customer to Condor for commercial credit;
(d) “Quotation” means the form of quotation submitted by Condor to the Customer in which these Terms and Conditions are deemed to be incorporated;
(e) “Invoice” means the sales invoice issued by Condor to the Customer in which these Terms and Conditions are deemed to be incorporated.
(f) “Contract” means the contract formed between Condor and the Customer by an Order accepted by an Order Acknowledgment;
(g) “Goods” means any goods, products, services or materials to be supplied by Condor;
(h) “Order” is defined in clause 4(a);
(i) “Order Acknowledgment” is defined in clause 4(b).
(j) “Technology” means all technology associated with the Goods sold by Condor including but not limited to: registered intellectual property, drawings, photographs, assembly and operating instructions, specifications, dimensions and know-how.

2.             INTERPRETATION

The singular includes the plural and vice versa. A reference to a person includes a corporation, an association (incorporated or unincorporated) and a statutory or other authority and a reference to a gender includes all other genders.

3.             PRICES AND QUOTATIONS

(a)           The price payable for Goods shall be the current price at the date of delivery, including GST, unless otherwise stated and shall be subject to variation by Condor, at anytime, without notice.
(b)           Notwithstanding any provision in the Contract, Condor may increase the price of Goods after an Order Acknowledgment and prior to delivery of the Goods if the price increase results from an increase in the price of any input, which comprises part of the Goods. Or as the result of the introduction of any legislation, regulation or government policy.
(c)           Unless previously withdrawn, a Quotation is valid for thirty (15) days or such other period as stated therein.
(d)           A Quotation is not to be construed as an obligation on the part of Condor to sell but merely an invitation to treat and no contractual relationship shall arise until the Customer’s Order has been received and an Order Acknowledgment communicated to the Customer by Condor.
(e)           Prices specified in a Quotation are subject to alteration without notice and are provided on a supply only basis unless otherwise stated. All other costs including commissioning and installation, where applicable, shall be at the Customers expense.
(f)            The Customer agrees to pay all necessary additional taxes and charges incurred by Condor in meeting the Customer’s order.

4.             ORDERS, ORDER ACKNOWLEDGMENT AND CONTRACT

(a)           An order or offer to purchase can be made by the Customer in writing or verbally.
(b)           An order is accepted when the Customer receives from Condor an Order Acknowledgment in writing or if writing is not received, acknowledgment verbally or delivery, whichever occurs first.
(c)           Previous dealings between Condor and the Customer shall not have any effect on the Contract.
(d)           A Contract constitutes the entire agreement between Condor and the Customer with respect to the Goods supplied under the Contract. All prior negotiations, proposals and correspondence are superseded by that Contract and these Terms and Conditions will, in all circumstances, prevail over the Customer’s terms and conditions of purchase (if any), whether issued before or after the date these Terms and Conditions came into effect.

5.             DELIVERY

(a)           Condor will make all reasonable efforts to have the Goods delivered to the Customer or its designated agent as agreed between the parties.
(b)           If any variation occurs in the quoted delivery of the Goods, Condor will notify the Customer. Failure by the Customer to object, in writing, within seven (7) days of such notification shall be deemed to constitute acceptance of the revised delivery date.
(c)           A delivery charge will apply to all deliveries unless otherwise agreed by Condor.
(d)           Delivery may be made in instalments. Each instalment will be treated as a separate delivery with the price being apportioned in accordance with the proportion of the Goods delivered.
(e)           Where the Goods are for delivery by instalments, any defect in instalment shall not be grounds for cancellation of the remainder of the instalments and the Customer shall be bound to accept delivery thereof.
(f)            All requests for proof of delivery must be made within a period of twenty-one (21) days following the date of the Invoice.

6.             ACCEPTANCE

(a)           The Customer shall inspect all Goods upon delivery and must give immediate notice to Condor on delivery or pick up of Goods of any damage, shortages or anything else not in accordance with the Order. Failure, by the Customer, to provide such notice shall be deemed to constitute acceptance of the delivery.
(b)           If Condor delivers less than the full quantity of Goods the Customer may reject those delivered but only with the prior consent of Condor.
(c)           The Customer agrees to keep Goods referred to in this-section until Condor can arrange the inspection of damaged Goods or collection of Goods not in accordance with the Order.

7.             PASSING OF TITLE AND RISK

(a)           Risk in the Goods passes to the Customer upon delivery (including all risks associated with unloading) or upon title in the Goods passing to the Customer, whichever is the earlier.
(b)           The legal and equitable title to the Goods will only be transferred from Condor to the Customer when the Customer has met and paid all that is owed to Condor on any account whatsoever.
(c)           The Customer acknowledges that until they have met and paid all that is owed to Condor, the Customer holds the Goods as bailee for Condor and shall keep the Goods separate and in good condition clearly showing and documenting Condors ownership of the Goods.
(d)           If the Customer defaults, in addition to Clause 11(b), Condor may take possession of the Goods wherever the Goods are located and the Customer agrees that representatives of Condor may enter upon the Customers premises for that purpose.
(e)           The Customer may sell the Goods to a third party or use the Goods in some manufacturing or construction process of its own or some third party. Provided that where the Customer is paid by that third party, the Customer holds the proceeds, separate from other monies, to the extent of the amount owing by the Customer to Condor.
(f)            Notwithstanding the above, the Customer is still required to pay Condor for Goods already delivered and for Goods manufactured or ordered to specification and not yet delivered.

8.             PROTECTION OF INTELLECTUAL PROPERTY

The Customer agrees to use their best endeavours to protect the Technology from copy. The Customer may not copy or attempt to reverse engineer the Technology or allow the Technology to be copied or reverse engineered by other persons.

9.             TERMS OF PAYMENT

(a)           The Customer agrees to pay Condor in cash or by bank cheque or by electronic means on or before the delivery of the Goods or performance of services unless other arrangements are agreed with the Customer by Condor.
(b)           If Condor extends credit to the Customer, payment must be within the period stated on the invoice unless otherwise agreed by Condor and confirmed in writing.
(c) Payment is only received by Condor when it receives cash or when the proceeds of other methods of payment are credited and cleared to Condors bank account.
(d) The Customer may not assert or exercise any right of set-off against monies payable by it to Condor under this agreement.
(e) Condor reserves the right to issue progress invoices for materials and/or labours expended on work in progress. A final invoice will be issued on completion of the Contract.

10.           CREDIT

(a) Condor may grant credit upon the Terms and Conditions on the basis of the Application and such other documents and information required by Condor.
(b) The Customer authorises Condor, its employees and agents to make such inquiries as it deems necessary to investigate the credit worthiness of the Customer including inquiries with persons nominated as trade referees, bankers or other credit providers (information sources). The Customer authorises the information sources to disclose to Condor such information concerning the Customer, which is requested by Condor.
(c) Until Condor grants the Customer credit by notice in writing, Condor will only supply Goods to the Customer on the basis of payment in advance.
(d) The granting of credit does not oblige Condor to extend any particular amount of credit to the Customer.
(e) The Customer must notify Condor in writing if there is a change in the shareholding or ownership of the Customer or any material change in the Customers financial position.

11.           DEFAULT

(a) The Customer will be in default if:

i) the Customer breaches the Terms and Conditions;
ii) payment for the Goods has not been received by Condor by the due date of payment;
iii) the Customer, being an individual, commits an act of bankruptcy or becomes an insolvent under administration;
iv) the customer being a body corporate becomes an externally administered body corporate or has an application for winding up filed against it;
v) Condor forms the opinion that the Customers credit worthiness or credit standing alters from that indicated in its Application;

(b) If the Customer defaults, Condor may:

i) charge interest on outstanding amounts at the rate stated on the invoice, calculated on a daily basis; and/or
i) treat the whole of the Contract and any other Contract with the Customer as repudiated and sue for breach of contract; and/or
ii) refuse to supply any Goods to the Customer; and/or
iii) claim the return of any Goods in the Customers possession where title has not passed to the Customer; and/or
iv) without notice to the Customer withdraw or vary any credit Condor has provided to the Customer; and/or
v) without notice to the Customer make all monies owing by the customer to Condor on any account due and payable; and/or
vi) seek reimbursement for payments made by Condor for its full cost of recovering or attempting to recover amounts not paid by the Customer when due including, but not limited to, fees paid to a collection agency or legal fees and expenses on a lawyer.

12. CANCELLATION AND RETURNS

See the separate shipping and  returns policy on the website recycleaner.com.au .

13. WARRANTIES AND LIABILITIES

See the separate warranty information on the website recycleaner.com.au .

14.           FORCE MAJEURE

(a) Condor is not liable for failure to perform the Contract to the extent and for so long as its performance is prevented or delayed because of:

i) circumstances outside of Condor’s control;
ii) failure of Condors machinery; or
iii) failure of a supplier to Condor.

(b) Condor shall be entitled to delay or cancel delivery or reduce the amount of Goods delivered if it is prevented from fulfilling the contract by events beyond the company’s control.

15.           GOVERNING LAW

This document is governed by the law of the State of New South Wales.

16. VARIANCE

Condor may vary these Terms and Conditions without notice to the Customer.