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Terms & Conditions

The fine print…

TAIPAN TRADING TERMS AND CONDITIONS

These are the entire Terms and Conditions of Sale of all goods, merchandise and services (“the goods”) supplied by Taipan Pty Ltd (ABN 31 076 139 985) (referred to as “TAIPAN”) to any person, firm or company placing an order with TAIPAN for the purchase of any goods (“the Customer”). Except as otherwise expressly agreed upon in writing between a duly authorised officer of TAIPAN and the Customer, these Terms and Conditions shall apply notwithstanding any provisions to the contrary which may appear on any order form or other document issued by any Customer.

General

  1. No quotation by TAIPAN shall constitute an offer.
  2. All orders placed with TAIPAN shall only be accepted subject to these Terms and Conditions. TAIPAN may at any time; and from time to time alter these Terms and Conditions of Sale and such altered Terms and Conditions of Sale shall apply after notification by TAIPAN to the Customer.
  3. If a Customer cancels or alters any order or part order for special goods or standard goods with special materials at any time after TAIPAN has received the order then TAIPAN reserves the right to charge to the Customer the costs of any special goods or materials already acquired for the order together with the cost of any labour and tooling expended to the date of such cancellation or alterations.
  4. Goods and Services Tax (“GST”) or any other applicable tax or duty payable shall be paid by or reimbursed by the Customer to TAIPAN on demand and the Customer shall indemnify and keep indemnified TAIPAN in respect of all taxes and duties including GST arising out of any sale of goods or the subsequent use of goods after the sale to the Customer.

Prices

  1. Prices are those referred to in any invoice issued by TAIPAN and/or arrangements current at the date of issue and shall be subject to change without notice.
  2. Prices are quoted ex- stock from TAIPAN.

Terms of Payment

  1. Unless otherwise stated in writing all prices are strictly 30 days from EOM. The granting of credit to a Customer shall be at the absolute discretion of TAIPAN and unless otherwise demanded by TAIPAN the Customer shall make payment of all amounts payable within Thirty (30) from End Month of delivery.
  2. Customers shall not be entitled to withhold payment of any account by reason of any account query, dispute or set off. The Customer agrees to pay TAIPAN Administration and Handling fees in respect of any copies of documents required or other processing involved in the conduct of the account and such fees will be charged to the Customer’s account.
  3. If the Customer fails to make payment in accordance with Clause 7, TAIPAN shall be entitled to:-
  4. Require the payment of cash upon delivery of any further goods;
  5. Charge an interest charge at the rate of fifteen percent (15%) per annum such interest charge to be computed from the due date for payment AND the parties agree that such interest charge is not a penalty but is a true measure of costs, fees & charges including debt collection costs and any other costs incurred by TAIPAN. Payments received from the Customer will be credited first against any interest charge and all such fees as shall be payable on demand;
  6. Claim from the Customer all costs, expenses and charges incurred on any account whatsoever including but not limited to any action taken by TAIPAN to recover monies or goods due from the Customer including but not limited to any mercantile agent’s costs and legal costs and disbursements on a solicitor-client basis; and
  7. Cease any further deliveries to the Customer and to terminate any agreement in relation to goods that have not been delivered.
  8. Customers having overdue accounts will be precluded from participating in any special deals, discounts, bonus payments, redemptions, rebates, and all other incentive programs until their accounts are no longer overdue.

Delivery

  1. The Customer shall be responsible for the cost of any delivery made ex-TAIPAN store. If TAIPAN is requested to arrange for delivery of products beyond the store, the Customer shall pay the delivery charges stipulated by TAIPAN from time to time. TAIPAN shall in all cases be entitled to choose the method of transport.
  2. Any date or time quoted for delivery is an estimate only and TAIPAN shall endeavor to effect delivery at the time or times required by the Customer but failure to do so shall not confer any right of cancellation or refusal of delivery on the Customer or render TAIPAN liable for any loss or damages directly or indirectly sustained by the Customer resultant thereof.
  3. Obligation to accept or pay for goods because of any delay in delivery or any strike, lockout, unavailability of materials, accidents to machinery, differences with workmen, breakdowns, shortages of supplies or labour, fires, floods, storm or tempest, transport delays, acts of God, restrictions or intervention imposed by any laws, regulations, governments, or agencies thereof and any other cause beyond the control of TAIPAN or any other cause whatsoever.
  4. “The TAIPAN obligation to deliver goods shall be discharged at the time of shipment of the goods from its premises to the customers nominated delivery destination by way of its nominated or another reputable transport company or agent to the address appearing on the invoice. The Customer shall unload the goods upon delivery. If the Customer is unable or unwilling to accept physical delivery of the goods when shipment has taken place, TAIPAN shall be entitled to charge a fee for any delay experienced or arrange for the storage of the goods at the risk and cost of the Customer including all transportation, storage, and other consequential costs. TAIPAN may, at its discretion, make and invoice partial deliveries and each partial delivery shall be a separate sale pursuant to these Terms and Conditions of Sale.

Inspection

  1. The Customer shall examine the goods immediately after delivery and TAIPAN shall not be liable for any error in delivery, shortage, defect, or damage, unless TAIPAN receives details in writing within seven (7) days of the date of delivery of the goods.

Property

  1. Notwithstanding delivery of the goods or their installation, property in all and any goods shall remain with TAIPAN until the Customer has paid and discharged all indebtedness to TAIPAN on any account whatsoever, including all applicable GST and other taxes, levies, and duties. Any payment made by or on behalf of a Customer which is later avoided by the application of any Statutory Provision shall be deemed not to discharge the Customer’s indebtedness and, in such an event the parties are to be restored to rights which each respectively would have had if the payment had not been made.
  2. The risk in the goods shall pass to the Customer upon delivery to the Customer or his agent or to a transport company nominated by the Customer.
  3. The Customer acknowledges that it is in possession of the goods solely as a bailee for TAIPAN until payment for all and any goods as defined in clause 7 has been made in full to TAIPAN and until such payment:
  4. The Customer shall be fully responsible for any loss or damage to the goods whatsoever and howsoever caused following delivery; and
  5. The Customer shall store the goods separately from its own goods and those of any other party and in a manner, which clearly identifies the goods, whether as separate chattels or as components, as the property of TAIPAN.
  6. The Customer shall maintain records of goods owned by TAIPAN identifying them as TAIPAN property, of the persons to whom the goods are sold or disposed to and of the payments made by such persons for such goods. The Customer shall allow TAIPAN to inspect these records and the goods themselves on request.
  7. The Customer hereby irrevocably grants to TAIPAN, its agents and servants, an unrestricted right and license, with notice to enter premises occupied by the Customer to identify and remove any of the goods the property of TAIPAN in accordance with the Terms and Conditions of Sale without in any way being liable to the Customer or any person claiming through the customer for trespass. TAIPAN shall have the right to sell or dispose of any such goods removed or otherwise in its sole discretion and shall not be liable for any loss occasioned thereby.
  8. TAIPAN licenses the Customer to install the goods. If the goods are affixed to other materials, the goods shall still remain the sole and exclusive property of TAIPAN until payment as defined in clause 7 has been made in full to TAIPAN unless the other materials or part thereof are or is the property of a party or parties other than the Customer in which case the totality thereof shall be deemed to be owned as tenants in common with such other party or parties in shares corresponding to the respective amounts paid or payable by the Customer in respect of such other party or parties.
  9. The Customer shall be at liberty to agree to sell the goods (independently or affixed to other materials) subject to the condition that until payment has been made in accordance with clause 7, the Customer shall sell as an agent and bailee for TAIPAN and that the entire proceeds from the sale thereof shall be held in a separate account on trust for TAIPAN.
  10. Where the Customer has not been paid for the goods sold in accordance with clause 19 the Customer hereby assigns the debt owing to itself (save for this provision) to TAIPAN absolutely and TAIPAN shall be entitled to demand payment of and collect the amount payable by the third party and the Customer hereby appoints TAIPAN as its agent for that purpose.
  11. The right to on-sell, deal or otherwise dispose of the goods in the normal course of trade may be revoked at any time by TAIPAN and shall automatically cease if a Receiver is appointed over any of the assets on the undertaking of the Customer or if a winding up order is made against the Customer or if the Customer goes into voluntary liquidation (otherwise than for the purpose of reconstruction or amalgamation) or administration or calls a meeting of, or makes any arrangement or composition with, creditors or commits any act of bankruptcy or where the Customer is in default of any of its obligations to TAIPAN.

Force Majeure

  1. TAIPAN shall not be liable for any failure or delay in supply or delivery of the goods where such failure or delay is wholly or partly due to any cause or circumstance whatsoever outside the reasonable control of TAIPAN including, but not limited to, war, strikes, lockouts, industrial disputes or unrest, government restrictions or intervention, transport delays, fire, act of God, breakdown of plant, shortage of supplies or labour, storm or tempest, theft, vandalism, riots, civil commotions or accidents of any kind.

Terminination

  1. If the Customer fails to comply with any of these Terms and Conditions or being a natural person or persons commits any act of bankruptcy, or being a corporation passes a resolution for winding up or liquidation (other than for the purposes of reorganisation or reconstruction) or administration or enters into any composition or arrangement with creditors or if a receiver or manager or administrator or controller is appointed for any property or assets of the Customer or becomes liable to be wound up by reason of insolvency or if any petition is presented for its winding up, or if a liquidator or provisional liquidator or administrator is appointed, TAIPAN may in addition to exercising all or any of its rights against the Customer, suspend any further deliveries and immediately recover possession of any goods not paid for in accordance with these Terms and Conditions.

Returns

  1. Other than in respect of TAIPAN obligations pursuant to clause 19 hereof TAIPAN shall not be liable to accept any returned goods but may in its absolute discretion accept the return of goods, if such goods shall only be accepted for return with the prior written approval of a duly authorised representative of TAIPAN. Goods returned for credit pursuant to this clause will be subject to a handling and administration charge equivalent to 20% of the invoiced value of the returned goods. Return freight and other expenses will be paid for by the Customer and no returns of special goods will be accepted. Any returned goods must be accompanied with the relevant invoice numbers and/or a Goods Return Authority. No goods will be accepted for return after a period of 14 days from invoice date.

Governing Law

  1. The Customer agrees that these Terms and Conditions of Sale shall be construed per the laws of the State or Territory as TAIPAN may in its sole discretion determine. Proceedings by either TAIPAN or the Customer may be instituted and/or continued in such State or Territory as TAIPAN may in its sole discretion determine. Failing such determination, the Customer consents to any proceedings being instituted and heard by any appropriate Court sitting in the State of Queensland applying the laws of the State of Queensland.

Service of Documents

  1. The Customer agrees that service of any notices or Court documents may be affected by forwarding same by pre-paid post or facsimile to the last known address of the Customer.

Statement of Debt

  1. A certificate signed by a Director, Secretary, Financial Controller, or Credit Manager of TAIPAN shall be prima facie evidence of the amount of indebtedness of the Customer to TAIPAN at that time.

Default & Consequences of Default

  1. Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 15% per annum and shall accrue at such a rate after as well as before any judgment. If the customer defaults in payment of any invoice when due, the customer shall indemnify TAIPAN from and against all TAIPAN costs and disbursements including on a solicitor and own client basis and in addition all TAIPAN nominee’s costs of collection.Without prejudice to any other remedies TAIPAN may have, if at any time the customer is in breach of any obligation (including those relating to payment), TAIPAN may suspend or terminate the supply of Services to the customer and any of its other obligations under the terms and conditions. TAIPAN will not be liable to the customer for any loss or damage the customer suffers because TAIPAN exercised its rights under this clause.
  2. Any money payable to TAIPAN becomes overdue, or in TAIPAN’s opinion the customer will be unable to meet its payments as they fall due; or
  3. The customer becomes insolvent, convenes a meeting with its creditors or proposes or with creditors, or makes an assignment for the benefit of its creditors; or
  4. A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the customer or any asset of the customer; then without prejudice to TAIPAN ’s other remedies at law
    1. TAIPAN shall be entitled to cancel all or any part of any order of the customer which remains unperformed in addition to and without prejudice to any other remedies; and
    2. All amounts owing to TAIPAN shall, whether or not due for payment, immediately become payable.

Privacy Act 1988

  1. The customer and/or the Guarantor/s agree for TAIPAN to obtain from a credit- reporting agency a credit report containing personal credit information about the customer and Guarantor/s in relation to credit provided by TAIPAN.

The customer and/or the Guarantor/s agree that TAIPAN may exchange with those credit providers named in the Application for Credit account or named in a consumer credit report issued by a reporting agency for the following purposes:

  1. To assess an application by TAIPAN;
  2. To assess the credit worthiness of the customer and/or Guarantor/s.

The customer consents to TAIPAN being given a consumer credit report to collect overdue payment on commercial credit (Section 18K (1Xh) Privacy Act 1988).

The customer agrees that Personal Data provided may be used and retained by TAIPAN for the following purposes and for other purposes as shall be agreed between the customer and TAIPAN or required by law from time to time:

  1. Provision of Services &
  2. Goods;
  3. Marketing of Services and or Goods by TAIPAN, its agents or distributors in relation to the Services and Goods;
  4. Enabling the daily operation of the customer’s account and/or the collection of amounts outstanding in the customer’s account in relation to the Services and Goods.

TAIPAN may give information about the customer to a credit reporting agency for the following purposes:

  1. To obtain a consumer credit report about the customer; and or
  2. Allow the credit reporting agency to create or maintain a credit information file containing information about the customer

Personal Properties, Securities Act 2009 (PPSA)

  1. The customer grants to TAIPAN a security interest to secure relevant obligations over any secured property or collateral or accession which during transactions between the customer and TAIPAN may arise to the benefit of TAIPAN.
  2. The customer will at its cost and expense in every respect cooperate with and assist TAIPAN in perfecting any such security interest.
  3. Should the customer neglect or refuse to cooperate then it shall by its neglect or refusal constitute TAIPAN its attorney to perfect any such security interest.
  4. Upon release of the security interest the parties will cooperate in providing the customer with a release.
  5. All work required to be undertaken by TAIPAN pursuant to clause 49 shall be at the cost and expense of the customer in every respect.

Intelligence Property

  1. The Customer acknowledges that TAIPAN is the legal and beneficial owner of all Intellectual Property that is provided to the Customer through this Agreement.
  2. The Customer understands that it may not use any Intellectual Property unless it has executed the Intellectual Property Licence Agreement contained at Annexure A.

WEBSITE TERMS AND CONDITIONS

  1. Introduction
    The Website is owned and run by Taipan Pty Ltd (“Taipan” or “we” or “us” or “our”). Taipan provides the information contained on this website or any of the pages comprising the website (“taipan.com.au”) to visitors (“visitors”) (cumulatively referred to as “you” or “your” hereinafter) subject to the terms and conditions set out in these website terms and conditions, the Privacy Policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website. By using www.taipan.com.au, you signify your acceptance of these terms and conditions of use.
  2. Information on the Website
    Whilst every effort is made to update the information contained on this website, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) (“information”) and shall not be bound in any manner by any information contained on the website. The Website Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. Your priced information provided on this website is for you and or your business, any price sharing may result in account suspension and cessation of any and or all trading agreements, including access to and any other website owned by us. You rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know.
  3. Copyright and Intellectual Property
    All IP in this website is our property. All rights are reserved.

Your access to it is provided only for non-commercial use. You do not have our permission to reproduce, adapt or do anything similar with this Website’s contents. You may not commercialise any of the information contained on this Website without first obtaining written permission to do so.

All rights in this Website and its contents including copyright, design rights, patents, inventions, know-how, database rights, trade marks, source codes and any other intellectual property rights are reserved to Taipan.

Any trade names, trademarks, service marks and other product and service names and logos displayed on this Website are proprietary to their respective owners and are protected by applicable laws.

No licence or right of use of any other person or entity’s trademark displayed on this Website is given without express permission. Nothing on this Website should be construed to suggest otherwise.

The logo of Taipan or any notices of proprietary rights on any content on this website may not be removed, changed or obscured in any way. The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered trademarks of Taipan.

  1. External Links
    External links may be provided for your convenience, but they are beyond the control of Taipan and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links, you must refer to that external website’s terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us if you would like to link to this website or would like to request a link to your website.
  2. Payment method
    All purchases will be charged back to your already existing Trading account, alternatively or you will have the option of paying by Visa, Mastercard or AMEX (ONLY), PayPal, bitcoin or any other form of payments are notavailable at this time.

    6. Delivery
    If you choose to not supply a nominated courier and courier account number, your delivery will be calculated at the time of dispatch by us and be amended to your account. If you would like to know the full cost of your order including delivery, please contact us by phone or email.
  3. Without limiting these Terms and Conditions
    We will not accept liability for any loss or damage arising from a late delivery. You agree that late delivery does not constitute a failure of our agreement anddoes not entitle you to cancellation of an order. We will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.
  4. Guarantees
    What we post in our website catalogue and what you order is what you will receive, NO SURPRISES! That is our Guarantee!
  5. Disclaimer of Liability
    Taipan shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company`s personal information or material and information transmitted over our system. In particular, neither Taipan nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof. Any action taken based on information found on this website should not be done without first seeking legal advice.
  6. General

10.1 Entire Agreement
These website terms and conditions constitute the sole record of the agreement between you and Taipan in relation to your use of the website. Neither you nor Taipan shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and Taipan in respect of your use of the website.

10.2 Alteration
Taipan may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the “current version”) and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.

10.3 Conflict
Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.

10.4 Waiver
No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.

10.5 Cession
Taipan shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.

10.6 Severability
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non-scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

10.7 Applicable laws
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Australia without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of Australia in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.

10.8 Comments or Questions
If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us.

  1. Privacy Policy

These terms and conditions should be read together with our Privacy Policy https://www.taipan.com.au/privacy-policy/.

In relation to our use of cookies, we collect certain standard information that is sent by your browser to our Website. This may include the time, date, URL of request, your IP address, referrer URL and details of your Internet browser. The recording and use of this information is to improve structure and performance on this website. Cookies also allow us to record the pages visited and the information acquired. This information is used anonymously and is logged for statistical purposes only.

If you prefer not to receive cookies, you may change your Internet browser’s setting to disable cookies or to warn you when cookies are being used. It should be noted that by doing so this you may be precluded from using some services or enhanced functionality.