Terms and Conditions
opzioni binarie automatiche 1.1 “World Diesel” shall mean World Diesel Pty Ltd its successors and assigns or any person acting on behalf of and with the authority of World Diesel Pty Ltd.
1.2 “Customer” shall mean the Customer (or any person acting on behalf of and with the authority of the Customer) as described on any quotation, work authorisation or other form as provided by World Diesel to the Customer.
1.3 “Guarantor” means that person (or persons), or entity, who agrees to be liable for the debts of the Customer on a principal debtor basis.
1.4 “Works” shall mean all services supplied by World Diesel to the Customer (and where the context so permits shall include any supply of Parts as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms as provided by World Diesel to the Customer and includes any advice or recommendations.
1.5 “Parts” shall mean goods supplied by World Diesel to the Customer either separately or to undertake the works (and where the context so permits shall include any supply of Works as defined above).
1.6 “Price” shall mean the price payable for the Works as agreed between World Diesel and the Customer in accordance with clause 4 of this contract.
binary options erfahrungsberichte 2. The Commonwealth Trade Practices Act 1974 (“TPA”) and Fair Trading Acts (“FTA”) and application of these terms and conditions to consumers
2.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the TPA or the FTA in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.
24option free demo account 3. Acceptance
3.1 Unless drawn specifically to the attention of World Diesel the Customer certifies that any vehicle (including its parts and equipment) submitted for the undertaking of Works is registered for the purposes of the Motor Traffic Regulations 1935 and to the best of their knowledge is in a safe and thoroughly serviceable condition.
3.2 Any instructions received by World Diesel from the Customer for the supply of Works and/or the Customer’s acceptance of Works supplied by World Diesel shall constitute acceptance of the terms and conditions contained herein.
3.3 Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the Price.
3.4 Upon acceptance of these terms and conditions by the Customer the terms and conditions are binding and can only be amended with the written consent of World Diesel.
3.5 The Customer shall give World Diesel not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer or any change in the Customer’s name and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s address, facsimile number, or business practice). The Customer shall be liable for any loss incurred by World Diesel as a result of the Customer’s failure to comply with this clause.
3.6 Works are supplied by World Diesel only on the terms and conditions of trade herein to the exclusion of anything to the contrary in the terms of the Customer’s order notwithstanding that any such order is placed on terms that purport to override these terms and conditions of trade.
investimento minimo opzioni binarie topoption 4. Price And Payment
4.1 At World Diesel’s sole discretion the Price shall be either:
- (a) as indicated on invoices provided by World Diesel to the Customer in respect of Works supplied; or
- (b) World Diesel’s current price at the date of delivery of the Works according to World Diesel’s current Price list; or
- (c) World Diesel’s quoted Price (subject to clause 4.2) which shall be binding upon World Diesel provided that the Customer shall accept World Diesel’s quotation in writing within thirty (30) days
4.2 World Diesel reserves the right to change the Price in the event of a variation to World Diesel’s quotation.
4.3 At World Diesel’s sole discretion a deposit may be required.
4.4 At World Diesel’s sole discretion payment shall be due on completion of the Works.
4.5 Time for payment for the Works shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due thirty (30) days following the date of the invoice.
4.6 Payment will be made by cash, or by cheque, or by bank cheque, or by credit card (plus a surcharge of up to two percent (2%) of the Price), or by direct credit, or by any other method as agreed to between the Customer and World Diesel.
4.7 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
opzioni binarie guida pratica per tutti 5. Delivery Of Works
5.1 At World Diesel’s sole discretion delivery of the Works shall take place when:
- (a) the Customer takes possession of the Works at World Diesel’s address; or
- (b) the Customer takes possession of the Works at the Customer’s nominated address (in the event that the Works are delivered by World Diesel or World Diesel’s nominated carrier).
5.2 The costs of delivery are in addition to the Price.
5.3 The Customer shall make all arrangements necessary to take delivery of the Works whenever they are tendered for delivery. In the event that the Customer is unable to take delivery of the Works as arranged then World Diesel shall be entitled to charge a reasonable fee for redelivery.
5.4 Delivery of the Works to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this agreement.
5.5 The failure of World Diesel to deliver shall not entitle either party to treat this contract as repudiated.
5.6 World Diesel shall not be liable for any loss or damage whatever due to failure by World Diesel to deliver the Works (or any of them) promptly or at all where due to circumstances beyond the control of World Diesel.
6.1 If World Diesel retains ownership of the Works nonetheless, all risk for the Works passes to the Customer on delivery.
6.2 If any of the Works are damaged or destroyed following delivery but prior to ownership passing to the Customer, World Diesel is entitled to receive all insurance proceeds payable for the Works. The production of these terms and conditions by World Diesel is sufficient evidence of World Diesel’s rights to receive the insurance proceeds without the need for any person dealing with World Diesel to make further enquiries.
binární opce komerční banka 7. Title
7.1 World Diesel and Customer agree that ownership of the Works shall not pass until:
- (a) the Customer has paid World Diesel all amounts owing for the particular Works; and
- (b) the Customer has met all other obligations due by the Customer to World Diesel in respect of all contracts between World Diesel and the Customer.
7.2 Receipt by World Diesel 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 and until then World Diesel’s ownership or rights in respect of the Works shall continue.
7.3 It is further agreed that:
- (a) where practicable the Parts shall be kept separate and identifiable until World Diesel shall have received payment and all other obligations of the Customer are met; and
- (b) until such time as ownership of the Parts shall pass from World Diesel to the Customer World Diesel may give notice in writing to the Customer to return the Parts or any of them to World Diesel. Upon such notice the rights of the Customer to obtain ownership or any other interest in the Parts shall cease; and
- (c) World Diesel shall have the right of stopping the Parts in transit whether or not delivery has been made; and
- (d) if the Customer fails to return the Parts to World Diesel then World Diesel or World Diesel’s agent may enter upon and into land and premises owned, occupied or used by the Customer, or any premises as the invitee of the Customer, where the Parts are situated and take possession of the Parts; and
- (e) the Customer is only a bailee of the Parts and until such time as World Diesel has received payment in full for the Parts then the Customer shall hold any proceeds from the sale or disposal of the Parts, up to and including the amount the Customer owes to World Diesel for the Parts, on trust for World Diesel; and
- (f) the Customer shall not deal with the money of World Diesel in any way which may be adverse to World Diesel; and
- (g) the Customer shall not charge the Parts in any way nor grant nor otherwise give any interest in the Parts while they remain the property of World Diesel; and
- (h) World Diesel can issue proceedings to recover the Price of the Parts sold notwithstanding that ownership of the Parts may not have passed to the Customer; and
- (i) until such time that ownership in the Parts passes to the Customer, if the Parts are converted into other products, the parties agree that World Diesel will be the owner of the end products.
köp Viagra på nätet Kristianstad 8. Defects
8.1 The Customer shall inspect the Works on delivery and shall within seven (7) days of delivery (time being of the essence) notify World Diesel of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall afford World Diesel an opportunity to inspect the Works within a reasonable time following delivery if the Customer believes the Works are defective in any way. If the Customer shall fail to comply with these provisions the Works shall be presumed to be free from any defect or damage. For defective Works, which World Diesel has agreed in writing that the Customer is entitled to reject, World Diesel’s liability is limited to either (at World Diesel’s discretion) replacing the Works or repairing the Works except where the Customer has acquired Works as a consumer within the meaning of the Trade Practices Act 1974 (CWlth) or the Fair Trading Acts of the relevant state or territories of Australia, and is therefore also entitled to, at the consumer’s discretion either a refund of the purchase price of the Works, or repair of the Works, or replacement of the Works.
8.2 Works will not be accepted for return other than in accordance with 8.1 above.
köp Viagra 120 mg på nätet 9. Warranty
9.1 Subject to the conditions of warranty set out in clause 9.2 World Diesel warrants that if any defect in any workmanship of World Diesel becomes apparent and is reported to World Diesel within three (3) months of the date of delivery (time being of the essence) then World Diesel will either (at World Diesel’s sole discretion) replace or remedy the workmanship.
9.2 The conditions applicable to the warranty given by clause 9.1 are:
- (a) the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
- (i) failure on the part of the Customer to properly maintain any Works; or
- (ii) failure on the part of the Customer to follow any instructions or guidelines provided by World Diesel; or
- (iii)any use of any Works otherwise than for any application specified on a quote or order form; or
- (iv) the continued use of any Works after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
- (v) fair wear and tear, any accident or act of God.
- (b) the warranty shall cease and World Diesel shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without World Diesel’s consent.
- (c) in respect of all claims World Diesel shall not be liable to compensate the Customer for any delay in either replacing or remedying the workmanship or in properly assessing the Customer’s claim.
9.3 For Works not manufactured by World Diesel, the warranty shall be the current warranty provided by the manufacturer of the Works. World Diesel 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 Works.
handelsstrategie binaire opties 10. Intellectual Property
10.1 Where World Diesel has designed, drawn or written Works for the Customer, then the copyright in those designs and drawings and documents shall remain vested in World Diesel, and shall only be used by the Customer at World Diesel’s discretion.
10.2 The Customer warrants that all designs or instructions to World Diesel will not cause World Diesel to infringe any patent, registered design or trademark in the execution of the Customer’s order and the Customer agrees to indemnify World Diesel against any action taken by a third party against World Diesel in respect of any such infringement.
buy Seroquel free consultation 11. Default & Consequences of Default
11.1 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 one half percent (2.5%) per calendar month (and at World Diesel’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
11.2 In the event that the Customer’s payment is dishonoured for any reason the Customer shall be liable for any dishonour fees incurred by World Diesel.
11.3 If the Customer defaults in payment of any invoice when due, the Customer shall indemnify World Diesel from and against all costs and disbursements incurred by World Diesel in pursuing the debt including legal costs on a solicitor and own client basis and World Diesel’s collection agency costs.
11.4 Without prejudice to any other remedies World Diesel may have, if at any time the Customer is in breach of any obligation (including those relating to payment), World Diesel may suspend or terminate the supply of Works to the Customer and any of its other obligations under the terms and conditions. World Diesel will not be liable to the Customer for any loss or damage the Customer suffers because World Diesel has exercised its rights under this clause.
11.5 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
11.6 Without prejudice to World Diesel’s other remedies at law World Diesel shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to World Diesel shall, whether or not due for payment, become immediately payable in the event that:
- (a) any money payable to World Diesel becomes overdue, or in World Diesel’s opinion the Customer will be unable to meet its payments as they fall due; or
- (b) the Customer 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
- (c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
وسطاء الخيارات الثنائية أوصى 12. Security And Charge
12.1 Despite anything to the contrary contained herein or any other rights which World Diesel may have howsoever:
- (a) where the Customer and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Customer and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to World Diesel or World Diesel’s nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Customer and/or the Guarantor acknowledge and agree that World Diesel (or World Diesel’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met.
- (b) should World Diesel elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Customer and/or Guarantor shall indemnify World Diesel from and against all World Diesel’s costs and disbursements including legal costs on a solicitor and own client basis.
- (c) the Customer and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint World Diesel or World Diesel’s nominee as the Customer’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 12.1.
opções binárias análise técnica 13. Cancellation
13.1 World Diesel may cancel any contract to which these terms and conditions apply or cancel delivery of Works at any time before the Works are delivered by giving written notice to the Customer. On giving such notice World Diesel shall repay to the Customer any sums paid in respect of the Price. World Diesel shall not be liable for any loss or damage whatever arising from such cancellation.
13.2 In the event that the Customer cancels delivery of Works the Customer shall be liable for any loss incurred by World Diesel (including, but not limited to, any loss of profits) up to the time of cancellation.
redwood options broker review 14. Privacy Act 1988
14.1 The Customer and/or the Guarantor/s agree for World Diesel 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 World Diesel.
14.2 The Customer and/or the Guarantor/s agree that World Diesel may exchange information about the Customer and the Guarantor/s with those credit providers either named as trade referees by the Customer or named in a consumer credit report issued by a credit reporting agency for the following purposes:
- (a) to assess an application by Customer; and/or
- (b) to notify other credit providers of a default by the Customer; and/or
- (c) to exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and/or
- (d) to assess the credit worthiness of Customer and/or Guarantor/s.
14.3 The Customer consents to World Diesel being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
14.4 The Customer agrees that personal credit information provided may be used and retained by World Diesel for the following purposes and for other purposes as shall be agreed between the Customer and World Diesel or required by law from time to time:
- (a) provision of Works; and/or
- (b) marketing of Works by World Diesel, its agents or distributors in relation to the Works; and/or
- (c) analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to provision of Works; and/or
- (d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by Customer; and/or
- (e) enabling the daily operation of Customer’s account and/or the collection of amounts outstanding in the Customer’s account in relation to the Works.
14.5 World Diesel may give information about the Customer to a credit reporting agency for the following purposes:
- (a) to obtain a consumer credit report about the Customer; and/or
- (b) allow the credit reporting agency to create or maintain a credit information file containing information about the Customer.
trend opzioni binarie 15. World Diesel’s Unpaid Rights
15.1 Where the Customer has left any item with World Diesel for repair, modification, exchange or for World Diesel to perform any other Works in relation to the item and World Diesel has not received or been tendered the whole of the Price, or the payment has been dishonoured, World Diesel shall have:
- (a) a lien on the item;
- (b) the right to retain the item for the Price while World Diesel is in possession of the item;
- (c) a right to sell the item.
15.2 The lien of World Diesel shall continue despite the commencement of proceedings, or judgment for the Price having been obtained.
social trading con le opzioni binarie 16. General
16.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
16.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Western Australia and are subject to the jurisdiction of the courts of Western Australia.
16.3 World Diesel shall be under no liability whatever to the Customer for any indirect loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by World Diesel of these terms and conditions.
16.4 In the event of any breach of this contract by World Diesel the remedies of the Customer shall be limited to damages which under no circumstances shall exceed the Price of the Works.
16.5 The Customer shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Customer by World Diesel.
16.6 World Diesel may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.
16.7 The Customer agrees that World Diesel may review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which World Diesel notifies the Customer of such change.
16.8 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
16.9 The failure by World Diesel to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect World Diesel’s right to subsequently enforce that provision.