Terms and Conditions

Standard Terms and Conditions of Trade

1. Collection

1.1 “Company” means Aldus Pty Ltd (ABN 38 085 318 494), its affiliates, and assigns or any person acting on behalf of and with the authority of Aldus Pty Ltd.

1.2 “Customer” means the person/s, firm, or company, authority or government department or agency, which purchases the Goods / Service from the Company.

1.3 “Goods” means all Goods or Services agreed in the Contract to be supplied by the Company (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).

1.4 “Price” means the Price payable for the Goods as agreed between the Company and the Customer in accordance with clause 4 below.

1.5 “FCA” means Free Carrier. The Company shall deliver the Goods, cleared for export, to the carrier selected by the Customer. The Company loads the Goods if the carrier pickup is at the Company’s premises. From that point, the Customer bears the costs and risks of moving the goods to destination.

1.6 “CIP” means Carriage and Insurance Paid To. The Company shall pay for moving the Goods to their named place of destination. From the time the Goods are transferred to the first carrier, the Customer bears all risks of loss or damage. The Company shall purchase the cargo insurance.

2. Acceptance

2.1 The Customer is taken to have accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for or accepts delivery of the Goods.

2.2 These terms and conditions may only be amended with the Company’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and the Company.

3. Change in Control

3.1 The Customer shall give the Company not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s name, address, contact phone or email address, or business practice).

4. Price and Payment

4.1 The Price shall be either:

for standard Goods, the Price as at the date of delivery of the Goods according to the Company’s current price list; or
for customised Goods, the Company’s quoted price (subject to clause 4.3) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.

4.2 The Price of the Goods shall be exclusive of GST (if any) and of all costs or charges in relation to transit and packing materials, installation, carriage, insurance and additional labour.

4.3. The Company reserves the right to change the Price in the event of a variation to the Company’s quotation. Any variation from the plan of scheduled Services (including, but not limited to, any variation due to fluctuations in the currency exchange rate, or as a result of increases to the Company in the cost of materials and labour) will be charged for on the basis of the Company’s quotation and will be shown as variations on the invoice. Payment for all variations must be made in full at their time of completion.

4.4. Where this quotation is expressed to include the cost of installation of a machine or machines sold hereunder the quotation price is given on the basis that the installation will involve normal erection on the ground floor level and does not include the cost of connection to the electricity supply. Normal erection does not include dismantling the machine in order to gain access to the area where the machine or machines is or are to be installed and

Form: QMS-DOC-2 Page 2 of 9
Issue Date: 07.03.23
accordingly where installation would involve dismantling the machine in order to get it into operating position or involves installation above or below street level, the Customer will be responsible for payment of all charges and expenses associated with the installation.

4.5 At the Company’s sole discretion a deposit may be required and may be non-refundable for orders of any customised Goods.

4.6 Time for payment for the Goods being of the essence, subject to clauses 4.11 and 4.12, the Price will be payable by the Customer thirty (30) days following the date of any invoice given to the Customer by the Company unless otherwise agreed by the parties in writing.

4.7 The Customer acknowledges and accepts that the Company’s invoices are issued subject to errors and omissions excepted (E&OE) and may therefore, change without notice, where an error or omission is discovered. The Customer shall not be entitled to treat this contract as repudiated in the event of an E&OE.

4.8 Payment may be made by electronic/on-line banking, credit card (plus a surcharge), or by any other method as agreed to between the Customer and the Company.

4.9 The Customer shall pay any GST and all costs or charges in relation to transit and packing materials, installation, carriage in respect of deliveries of Goods, insurance and additional labour when the Customer is due to pay for the Goods.

4.10 Goods will not be returned to the Company unless it has been agreed.

4.11 The Company reserves the right to apply a restocking fee on goods returned for change of mind.

4.12 The Company reserves the right to levy an interest charge in the event of failure to pay by the due date. Such charge will be at the rate of 2% per month on overdue amount from the date payment is due until the date payment is made or the maximum interest rate permitted by law, whichever is less.

4.13 The Company reserves the right to change the terms of payment offered to the Customer following a suspension of performance under the provision of clause 4.12 above.

4.14 All payments payable to the Company under the Contract shall become due immediately on its termination notwithstanding any other provision.

4.15 Invoices are payable in full. The Customer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless otherwise agreed or if the Customer has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Customer.

4.16 If the Customer owes the Company any money the Customer shall indemnify the Company from and against all costs and disbursements incurred by the Company in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Company’s collection agency costs, and bank dishonour fees).

4.17 Without prejudice to any other remedies the Company may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions the Company may suspend or terminate the supply of Goods to the Customer. The Company will not be liable to the Customer for any loss or damage the Customer suffers because the Company has exercised its rights under this clause.

5. Delivery of Goods

5.1 Delivery (“Delivery”) of the Goods is taken to occur at the time that:

the Customer or the Customer’s nominated carrier takes possession of the Goods at the Company’s address; or
the Company (or the Company’s nominated carrier) delivers the Goods to the Customer’s nominated address (“Delivery Point”) even if the Customer is not present at the address.

5.2 The Customer is responsible for providing complete and accurate delivery address information to the Company and for checking such information is correctly set up in the Sales Order Form.

XXXXXXXXXXXXXXXXXXXXX

your name
your contact details (postal and email address and telephonenumber);
your date of birth (or age);
your gender;
your company details (including registration details);
any other information from your curriculum vitae or job application submitted to us;
your credit card details;
bank details;
insurance details where relevant to services being provided to us;
information from credit reporting agencies;
identification information, including your signature, driver’s license or other identification points; and
any other information you provide to us, including trade references, proprietor and director details.

5. Non-personal information may also be collected by us or our third-party service providers who assist us in operating our site. Cookies may be used to collect information about the pages you visit and device and software you are using. Your cookie preferences can be configured on your browser.

2. Purposes

1. We use the personal information we collect about you to conduct our business. This includes to design, manufacture, supply and install our products and services, including machinery, spare parts and consumable products. Other purposes for which we collect your information may include:

communicating with you and providing you with information, products or services you have requested;
responding to your enquiries;
notifying you about changes to our site, products or services;
managing and administering any account you may hold with us;
promoting and marketing our products and services to you or providing you with information about products or services which we believe may be of interest to you from us and our selected partners;
personalising and customising your experience on our site;
appointing, doing business with and utilising the services of service providers and professional adviers (including contractors, consultants, advisers or auditors);
providing a better or more relevant product or service to you, for example by automatically populating forms on the site when you make enquiries;
combining your personal information with information we have collected from our partners, service providers, third parties, cookies or web beacons to improve the quality of our products or services and the products or services of third parties. For example, we may combine behavioural data we have collected about you through cookies or web beacons and combine it with your personal information from requests you send to third parties through our site;
researching the needs of our customers to help us improve;
processing any job application submitted by you;
if you are an employee or other representative of a customer to which we provide our products and services or a provider of services to us, communicating with you about your or your employer's engagement with us and otherwise as specified in this Privacy Policy;
managing our accounts, including your credit (if applicable) and carrying out debt recovery functions;
managing corporate risk and funding functions;
sharing your personal information with third party partners so that they can provide you with products or services on our behalf or help us to provide you with the requested products or services, including by contacting you;
sharing your name, business registration (if applicable), and contact details, with third parties in order to obtain trade insurance; and
enforcing this Privacy Policy and the terms of use for our site.

2. If we contact you by using your personal information, we will give you the opportunity to request that your information not be used for direct marketing in the future by following the “opt out” instructions provided in the communication.

3. In addition to using or disclosing your personal information for the purpose for which it was collected, we may also use and disclose your personal information for a secondary purpose that is related to the purpose for which it was collected, where you would reasonably expect us to use or disclose your personal information for that secondary purpose.

4. We do not otherwise collect, use or disclose your personal information without your permission unless the collection, use or disclosure is required or permitted by law, in accordance with this Privacy Policy or any other agreement you enter into with us.

5. If you choose not to provide your personal information to us for the purposes set out in this Privacy Policy, we may not be able to provide you with requested information, products or services to the extent that they require us to collect, use or disclose personal information.

3. Disclosure

1. Privacy Policy. We may disclose your personal information to our related entities, our partners and third parties that provide products and services to us or through us, or to other third parties. This may include disclosing your personal information to third parties providing website hosting, back-up and other services.

2. We may also disclose your personal information to relevant public, government or regulatory authorities, our legal representatives or other concerned parties, in special situations where we have reason to believe that disclosing your personal information is necessary to help identify, contact or bring legal action against anyone damaging, injuring, or interfering (intentionally or unintentionally) with our rights or property, users or anyone else who could be harmed by such activities, or where we are otherwise authorised or required to do so by law.

3. If you make an enquiry to or request information from any company through our site, you will need to check their privacy policy to find out how they handle your personal information. We are not responsible for the way these companies collect, use, disclose or handle personal information you provide to them through our site.

4. We may disclose your personal information to service providers outside of Australia to obtain website hosting, storage, back-up and data retrieval services and to provide services. When you provide us with your personal information you give us your consent to transfer your personal information and data outside of Australia for these purposes.

5. Where such third parties are located overseas, you may have rights to enforce such parties' compliance with applicable privacy laws, but you may not have recourse against those parties under the Act in relation to how those parties treat your personal information.

6. We may also transfer personal data in connection with a merger or sale involving all or part of us or as part of a corporate reorganisation or share sale or other change in corporate control.

7. We may disclose, use, aggregate, make anonymous, use a pseudonym or de-identify information about users for marketing, advertising, research, compliance or other purposes.

4. Disclosure

You are entitled to access, correct or update personal information we hold about you. If you wish to access, correct or update any personal information we hold about you, please contact us as set out below. We may charge for providing access to this information and we may refuse access to the extent that the law allows us to do so.

5. Storage and Security

1. We will take reasonable steps to keep your personal information secure from misuse and loss, unauthorised access, modification or disclosure. Any personal information that is collected via our site or which is stored on our IT systems is protected by a range of safeguards and security measures including physical, technical and procedural methods.

2. We will retain information for so long as is reasonable for business purposes or as permitted or required by law. Subject to any legal requirements we will take reasonable steps to destroy or permanently de-identify personal information if it is no longer needed for any purpose for which it was collected, in accordance with this policy.

6. Changes

1. We may, from time to time, review and update this Privacy Policy. Any changes to this Privacy Policy will be published on our site. All personal information held by us will be governed by our most recent Privacy Policy. By continuing to use our site, or otherwise continuing to deal with us, you accept this Privacy Policy as it is updated from time to time.

7. Questions and complaints

1. If you have any questions or concerns about our collection, use or disclosure of personal information, or if you believe that we have not complied with this Privacy Policy or the Act, or if you would like to access, correct or update your personal information held by us or want to opt out of direct marketing, please contact us at privacy@tronics.com.au.

2. Our Privacy Officer will investigate your query or complaint and endeavour to respond to you promptly. Please provide as much detail as possible in relation to the query, issue or complaint.

3. You may also complain to the Office of the Australian Information Commissioner (OAIC) about the way we handle your information. Please note that OAIC requires that any complaint must first be made to the organisation the complaint relates to. The Commissioner can be contactedat:

Office of the Australian Information
Commissioner GPO Box 5218
Sydney NSW 2001
Phone: 1300 363 992
Email: enquiries@oaic.gov.au
www.oaic.gov.au

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