1.1 “Client” means the person/s, entities or any person acting on behalf of and with the authority of the Client requesting Nevada to provide the Services as specified in any proposal, quotation, order, invoice or other documentation, and:
(a) if there is more than one Client, is a reference to each Client jointly and severally; and
(b) if the Client is a partnership, it shall bind each partner jointly and severally; and
(c) if the Client is a part of a Trust, shall be bound in their capacity as a trustee; and
(d) includes the Client’s executors, administrators, successors and permitted assigns.
1.2 “Contract” means the terms and conditions contained herein, together with any quotation, order, invoice or other document or amendments expressed to be supplemental to this Contract.
1.3 “Cookies” means small files which are stored on a user’s computer. They are designed to hold a modest amount of data (including Personal Information) specific to a particular client and website and can be accessed either by the web server or the client’s computer. If the Client does not wish to allow Cookies to operate in the background when using Nevada’s website, then the Client shall have the right to enable / disable the Cookies first by selecting the option to enable / disable provided on the website, prior to making enquiries via the website.
1.4 “Goods” means all Goods or Services supplied by Nevada to the Client at the Client’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
1.5 “Nevada” means Nevada Limited, its successors and assigns.
1.6 “Price” means the Price payable for the Goods (plus any Goods and Services Tax (“GST”) where applicable) as agreed between Nevada and the Client in accordance with clause 6 below.
2.1 All orders placed by you, the Client, to Nevada Limited (“Nevada”) are subject to the terms and conditions (“Terms”) which you warrant that you have read and agree to adhere to in respect of all orders.
2.2 No order placed with Nevada is binding unless and until accepted in writing by Nevada. Any variation of the Client’s requirements must be submitted in writing and will be subject to a revised quotation.
2.3 Nevada reserves the right to accept or decline any offer to purchase in whole or in part.
2.4 Except as otherwise expressly agreed in writing between an authorised representative of Nevada and the Client, these Terms will apply despite any provisions to the contrary which may appear on any order form or other document issued by the Client.
2.5 The Client acknowledges and accepts that:
(a) the supply of Goods on credit shall not take effect until the Client has completed a credit application with Nevada and it has been approved with a credit limit established for the account;
(b) in the event that the supply of Goods requested exceeds the Client’s credit limit and/or the account exceeds the payment terms, Nevada reserves the right to refuse Delivery; and
(c) that the supply of Goods for accepted orders may be subject to availability and if, for any reason, Goods are not or cease to be available, Nevada reserves the right to vary the Price with alternative Goods as per clause 6.3 subject to prior confirmation and agreement by both parties.
2.6 This Contract may be signed in any number of counterparts each signed by one or more parties; and by electronic signatures on electronic copies of the document. This Contract may consist of a number of counterparts and, if so, the counterparts taken together constitute one document. The parties acknowledge that the electronic version of this Contract signed by both parties will be the true and original version for the purposes of this transaction and that no other version will be provided unless otherwise agreed between the parties in writing. The parties agree to be bound by the electronic version of this Contract which has been signed in accordance with this clause.
3.1 The Client acknowledges and accepts that Nevada shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):
(a) resulting from an inadvertent mistake made by Nevada in the formation and/or administration of this Contract; and/or
(b) contained in/omitted from any literature (hard copy and/or electronic) supplied by Nevada in respect of the Services.
3.2 In the event such an error and/or omission occurs in accordance with clause 3.1, and is not attributable to the negligence and/or wilful misconduct of Nevada; the Client shall not be entitled to treat this Contract as repudiated nor render it invalid.
4.1 The Client shall give Nevada not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax number/s, change of trustees, or business practice). The Client shall be liable for any loss incurred by Nevada as a result of the Client’s failure to comply with this clause.
5.1 Nevada will:
(a) keep the Client’s personal details, including credit card details for only as long as is deemed necessary by Nevada;
(b) not disclose the Client’s credit card details to any third party;
(c) not unnecessarily disclose any of the Client’s personal information, except is accordance with the Privacy Act (clause 19) or where required by law.
5.2 The Client expressly agrees that, if pursuant to this Contract, there are any unpaid charges or other amounts due and outstanding by the Client, Nevada is entitled to immediately charge the Client’s nominated credit card for these amounts, and is irrevocably authorised to complete any documentation and take any action to recover from the credit card issuer any and all amounts which may be due by the Client pursuant to the terms of this Contract.
6.1 At Nevada’s sole discretion the Price shall be either:
(a) as indicated on any invoice provided by Nevada to the Client; or
(b) Nevada’s quoted Price (subject to clause 6.3) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
6.2 Nevada vary, amend, add or remove payment methods, or prices of Goods from time to time and in its sole discretion without notice. These changes will not affect orders that have been placed before the change was made.
6.3 Nevada may change the Price if a variation to Nevada’s quotation is requested. Any variations (including, but not limited to, any variation as a result of fluctuations in currency exchange rates or increases to Nevada in the cost of taxes, levies, freight, materials and labour) will be charged for on the basis of Nevada’s quotation, and will be detailed in writing, and shown as variations on Nevada’s invoice. The Client shall be required to respond to any variation submitted by Nevada within ten (10) working days. Failure to do so will entitle Nevada to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.
6.4 At Nevada’s sole discretion a deposit may be required.
6.5 Time for payment for the Goods being of the essence, the Price will be payable by the Client on the date/s determined by Nevada, which may be:
(a) on or before Delivery of the Goods;
(b) by way of instalments/progress payments in accordance with Nevada’s payment schedule;
(c) for certain approved Clients, due seven (7) days following the end of the month in which a statement is posted to the Client’s address or address for notices;
(d) the date specified on any invoice or other form as being the date for payment; or
(e) failing any notice to the contrary, the date which is twenty (20) days following the date of any invoice given to the Client by Nevada.
6.6 Payment can be made through various payment methods as approved by Nevada.
6.7 Payment must be made without set-off, counterclaim or deduction. Where applicable, Nevada may set-off any amounts it owes to the Client against any amounts owed by the Client to Nevada under this Contract.
6.8 The Client must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If a payment is not able to be successfully processed, or if Nevada, in its sole discretion, suspects that it has been paid for using any fraudulent or unlawful means, Nevada may cancel the order.
6.9 Nevada may in its discretion allocate any payment received from the Client towards any invoice that Nevada determines and may do so at the time of receipt or at any time afterwards. On any default by the Client Nevada may re-allocate any payments previously received and allocated. In the absence of any payment allocation by Nevada, payment will be deemed to be allocated in such manner as preserves the maximum value of Nevada’s Purchase Money Security Interest (as defined in the PPSA) in the Goods.
6.10 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to Nevada an amount equal to any GST Nevada must pay for any supply by Nevada under this or any other agreement for the sale of the Goods. The Client must pay GST, without deduction or set off of any other amounts, a
7.1 In the event that Nevada accepts a trade-in as part payment of purchases, Goods or machinery outright, then the Customer acknowledges and warrants that the Customer owns the said property and that it is not in any subject to any security, charge, lien or hire purchase agreement.
8.1 Delivery (“Delivery”) of the Goods is taken to occur at the time that:
(a) the Client or the Client’s nominated carrier takes possession of the Goods at Nevada’s address; or
(b) Nevada (or Nevada’s nominated carrier) delivers the Goods to the Client’s nominated address even if the Client is not present at the address.
8.2 The Client must take receipt or collection of the Goods whenever they are tendered for delivery. In the event that the Client is unable or unwilling to take delivery of the Goods as arranged, then Nevada is entitled to charge a fee for redelivery and/or storage.
8.3 At Nevada’s sole discretion the cost of Delivery is either included or is in addition to the Price.
8.4 Nevada may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in this Contract.
8.5 Any date or time specified by Nevada for Delivery of the Goods is an estimate only and the Client agrees that they will still accept delivery of the Goods even if they are delivered on a different date or time. Nevada will not be liable for any loss or damage incurred by the Client as a result of Delivery being late. However, both parties agree that they shall make every endeavour to enable the Goods to be delivered at the time and place as was arranged between both parties. In the event that Nevada is unable to supply the Goods as agreed solely due to any action or inaction of the Client, then Nevada shall be entitled to charge a fee for redelivery and/or storage.
9.1 Risk of damage to or loss of the Goods passes to the Client on Delivery and the Client must insure the Goods on or before Delivery.
9.2 If any of the Goods are damaged or destroyed following Delivery but prior to ownership passing to the Client, Nevada is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by Nevada is sufficient evidence of Nevada’s rights to receive the insurance proceeds without the need for any person dealing with Nevada to make further enquiries.
9.3 If the Client requests Nevada to leave Goods outside Nevada’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Client’s sole risk.
9.4 The Client acknowledges and accepts that Goods supplied may exhibit variations in shade, colour, texture, surface and finish which may:
(a) fade or change colour over time;
(b) expand, contract or distort as a result of exposure to heat, cold, weather;
(c) mark or stain if exposed to certain substances; and
(d) be damaged or disfigured by impact or scratching.
10.1 Nevada and the Client agree that ownership of the Goods shall not pass until:
(a) the Client has paid Nevada all amounts owing to Nevada; and
(b) the Client has met all of its other obligations to Nevada.
10.2 Receipt by Nevada of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
10.3 It is further agreed that:
(a) until ownership of the Goods passes to the Client in accordance with clause 10.1 that the Client is only a bailee of the Goods and must return the Goods to Nevada on request;
(b) the Client holds the benefit of the Client’s insurance of the Goods on trust for Nevada and must pay to Nevada the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed;
(c) the Client must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Goods then the Client must hold the proceeds of any such act on trust for Nevada and must pay or deliver the proceeds to Nevada on demand;
(d) the Client should not convert or process the Goods or intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of Nevada and must sell, dispose of or return the resulting product to Nevada as it so directs.;
(e) the Client irrevocably authorises Nevada to enter any premises where Nevada believes the Goods are kept and recover possession of the Goods;
(f) Nevada may recover possession of any Goods in transit whether or not Delivery has occurred;
(g) the Client shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of Nevada; and
(h) Nevada may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.
11.1 The Client agrees that Nevada may register an interest in the Personal Property Security Register (“PPSR”) against any property that is purchased by the Client.
11.2 The Client further acknowledges that Nevada has the right to perfect its security interest in the personal property under the Personal Property Securities Act 2009 (Cth) (“PPSA”).
11.3 The Client also agrees to provide all necessary information and execute all documents required by Nevada to register and perfect its security interest in the relevant property.
11.4 The Client acknowledges that Nevada’s registration on the PPSR may affect the Client’s ability to obtain credit from other parties, and that the Client is solely responsible for any costs associated with registration and perfection of the security interest.
12.2 Returns of Goods will only be accepted provided that:
(a) the Client has complied with the provisions of clause 12.1; and
(b) Nevada has agreed in writing to accept the return of the Goods; and
(c) the Goods are returned at the Client’s cost within seven (7) days of the Delivery date (or such other date as agreed with Nevada); and
(d) Nevada will not be liable for Goods which have not been stored or used in a proper manner; and
(e) the Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.
12.3 Nevada may (in its discretion) accept the return of Goods for credit but this may incur a handling fee of ten percent (10%) of the value of the returned Goods plus any freight.
13.1 For Goods not manufactured by Nevada, the warranty shall be the current warranty provided by the manufacturer of the Goods. Nevada shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.
13.2 The conditions applicable to the warranty given on Goods supplied by Nevada are contained on the “Warranty document” that will be supplied with the Goods.
13.3 In the case of second-hand Goods, the Client acknowledges that full opportunity to inspect the same has been provided and accepts the same with all faults and that no warranty is given by Nevada as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. Nevada shall not be responsible for any loss or damage to the Goods, or caused by the Goods, or any part thereof however arising.
15.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Nevada’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
15.2 If the Client owes Nevada any money the Client shall indemnify Nevada from and against all costs and disbursements incurred by Nevada in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Nevada’s collection agency costs, and bank dishonour fees).
15.3 Further to any other rights or remedies Nevada may have under this Contract, if a Client has made payment to Nevada, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Nevada under this clause 15, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract.
15.4 Without prejudice to Nevada’s other remedies at law Nevada shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Nevada shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Nevada becomes overdue, or in Nevada’s opinion the Client will be unable to make a payment when it falls due;
(b) the Client has exceeded any applicable credit limit provided by Nevada;
(c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
16.1 Without prejudice to any other remedies Nevada may have, if at any time the Client is in breach of any obligation (including those relating to payment) under this Contract Nevada may, with 7 days prior written notice, suspend or terminate the supply of Goods to the Client. Nevada will not be liable to the Client for any loss or damage the Client suffers because Nevada has exercised its rights under this clause.
16.2 Nevada may cancel any order to which this Contract applies or cancel Delivery of Goods at any time before the Goods are delivered by giving written notice to the Client. On giving such notice Nevada shall repay to the Client any money paid by the Client for the Goods. Nevada shall not be liable for any loss or damage whatsoever arising from such cancellation.
16.3 In the event that the Client cancels Delivery of Goods the Client shall be liable for any and all loss incurred (whether direct or indirect) by Nevada as a direct result of the cancellation (including, but not limited to, any loss of profits).
16.4 Cancellation of orders for Goods made to the Client’s specifications, or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been placed.
17.1 Neither party excludes or limits the application of any provision of any statute (including the Competition and Consumer Act 2010 (Cth) as amended from time to time (“CCA”)), where to do so would contravene the CCA or cause any provision of this Contract to be void.
17.2 Except as expressly set out in this Contract and the CCA, Nevada makes no warranties or other representations under or in connection with these terms and conditions and Nevada’s liability in respect thereof, is limited to the fullest extent permitted by law.
17.3 In the case of goods supplied by Nevada to the Client who is not a “consumer” as defined in the CCA, Nevada’s total liability to the Client pursuant to this clause is limited to Nevada’s option to resupplying or replacing the goods in respect of which any loss or damage has occurred.
17.4 In the case of goods supplied by Nevada to the Client who is a consumer under the CCA, Nevada’s liability is limited to indemnifying the consumer in accordance with the CCA limited to a liability to pay to the Client an amount equal to the cost of replacing the goods, supplying equivalent goods, paying the cost of replacing or obtaining equivalent goods, or the cost of having the goods repaired, whichever is elected by Nevada.
18.1 All emails, documents, images or other recorded information held or used by Nevada is “Personal Information” as defined and referred to in clause 18.3 and therefore considered confidential. Nevada acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal Information pursuant to the Privacy Act 1988 (“the Act”). Nevada acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Client’s Personal Information, held by Nevada that may result in serious harm to the Client, Nevada will notify the Client in accordance with the Act. Any release of such Personal Information must be in accordance with the Act and must be approved by the Client by written consent, unless subject to an operation of law.
18.2 Notwithstanding clause 18.1, privacy limitations will extend to Nevada in respect of Cookies where the Client utilises Nevada’s website to make enquiries. Nevada agrees to display reference to such Cookies and/or similar tracking technologies, such as pixels and web beacons (if applicable), such technology allows the collection of Personal Information such as the Client’s:
(a) IP address, browser, email client type and other similar details;
(b) tracking website usage and traffic; and
(c) reports are available to Nevada when Nevada sends an email to the Client, so Nevada may collect and review that information (“collectively Personal Information”)
If the Client consents to Nevada’s use of Cookies on Nevada’s website and later wishes to withdraw that consent, the Client may manage and control Nevada’s privacy controls via the Client’s web browser, including removing Cookies by deleting them from the browser history when exiting the site.
18.3 The Client authorises Nevada or Nevada’s agent to:
(a) access, collect, retain and use any information about the Client:
(i) including, name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications or credit history for the purpose of assessing the Client’s creditworthiness; or
(ii) for the purpose of marketing products and services to the Client.
(b) disclose information about the Client, whether collected by Nevada from the Client directly or obtained by Nevada from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Client.
18.4 The Client shall have the right to request (by e-mail) from Nevada, a copy of the Personal Information about the Client retained by Nevada and the right to request that Nevada correct any incorrect Personal Information.
18.5 Nevada will destroy Personal Information upon the Client’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this Contract or is required to be maintained and/or stored in accordance with the law.
18.6 The Client can make a privacy complaint by contacting Nevada via e-mail. Nevada will respond to that complaint within thirty (30) days of receipt of the complaint. In the event that the Client is not satisfied with the response provided, the Client can make a complaint to the Office of the Australian Information Commissioner.
19.1 Any written notice given under this Contract shall be deemed to have been given and received:
(a) by handing the notice to the other party, in person;
(b) by leaving it at the address of the other party as stated in this Contract;
(c) by sending it by registered post to the address of the other party as stated in this Contract; and
(d) if sent by email to the other party’s last known email address, when it will be considered to be received at the time it is sent as recorded by the sender’s system (unless the sender receives an automated message that the email has not been delivered).
19.2 Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered.
20.1 If the Client at any time upon or subsequent to entering into this Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not Nevada may have notice of the Trust, the Client covenants with Nevada as follows:
(a) the Contract extends to all rights of indemnity which the Client now or subsequently may have against the Trust and the trust fund;
(b) the Client has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Client against the Trust or the trust fund. The Client will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity; and
(c) the Client will not without consent in writing of Nevada (Nevada will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events:
(i) the removal, replacement or retirement of the Client as trustee of the Trust;
(ii) any alteration to or variation of the terms of the Trust;
(iii) any advancement or distribution of capital of the Trust; or
(iv) any resettlement of the trust property.
21.1 The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. A waiver by a party of any provision or breach of this Contract is ineffective unless made by an authorised officer of that party in writing.
21.2 If any provision of these terms and conditions is invalid, void, illegal or unenforceable, that part is deleted, and the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
21.3 This Contract constitutes the entire agreement between the parties relating in any way to its subject matter. All previous negotiations, understandings, representations, warranties, memoranda or commitments about the subject matter of this Contract are merged into this Contract and are of no further effect.
21.4 The Client acknowledges and agrees that this Contract shall be governed by the laws of New South Wales and Australia. The Client submits to the exclusive jurisdiction of the courts of New South Wales and the relevant federal courts and courts competent to hear appeals from those courts.
21.5 Nevada may assign all or any part of its rights and/or obligations under this Contract without the Client’s prior written notice.
21.6 The Client cannot assign this Contract without the prior written consent of Nevada, which may be given or withheld in the absolute discretion of Nevada.
21.7 Nevada may elect to subcontract the performance of the whole or any part of these terms and conditions to any person but shall not be relieved from any liability or obligation under this Contract by so doing. Furthermore, the Client agrees and understands that they have no authority to give any instruction to any of Nevada’s sub-contractors without the authority of Nevada.
21.8 The Client agrees that Nevada may vary, add to or amend these terms and conditions for subsequent future Contracts with the Client by disclosing such to the Client in writing. These changes shall be deemed to take effect from the date on which the Client accepts such changes, or otherwise at such time as the Client makes a further request for Nevada to provide Goods to the Client (whichever is earlier).
21.9 Any proposed variation to these terms and conditions by the Client must be requested in writing. Nevada may refuse any such request without providing reasons either orally or in writing.
21.10 Neither party shall be liable for any failure or delay in the performance of its obligations caused by or resulting from force majeure, which shall include, but not be limited to, events that are unpredictable, unforeseeable or irresistible, such as any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, national or global pandemics and/or the implementation of regulation, directions, rules or measures being enforced by Governments or embargo, including but not limited to, any Government imposed boarder lockdowns (including, worldwide destination ports). This clause does not apply to a failure by the Client to make a payment to Nevada. Nevada will have no liability to the Client for failure to supply the Goods if:
(a) a third party is unable or refuses to supply or delays supplying a product to Nevada and there is no alternative available to Nevada at reasonable cost; or
(b) Nevada is prevented by legal or regulatory restrictions from supplying a Good.
21.11 Both parties warrant that they have the power to enter into this Contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this Contract creates binding and valid legal obligations on them.
Nevada slurry tankers & stirrers are high-quality and trusted by Australian and New Zealand farmers for safety and reliability. That is why they are supported with a two year warranty, and backed by customer service that is second to none.
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