Terms of service

Background

1. The Customer wishes to place an order to purchase Products.
2. If U Clean Supplies accepts an order to purchase Products, U Clean Supplies agrees to supply those Products to the Customer on these terms and conditions.

Operative Provisions

Ordering

(a) The Customer may place an order for one or more of the Products for a minimum purchase of $55 (inclusive of GST).

(b) If U Clean Supplies accepts an Order, then:

(i) subject to payment of the Purchase Price, U Clean Supplies sells to the Customer the Products contemplated by that Order; and

(ii) the Customer buys the Products contemplated by that Order for the Purchase Price.

(c) For clarity, U Clean Supplies may elect not to accept an Order

Purchase Price

(a) The Customer agrees to pay the Purchase Price (including delivery fees) for the Products at the time the Order is accepted.

(b) If U Clean Supplies elects not to accept an Order, then U Clean Supplies will endeavour to promptly refund to the Customer any amounts paid by the Customer for that Order.

(c) U Clean Supplies, or its nominated representative, will deliver the Products to the address nominated by the Customer at the time of Order (‘Delivery Address’). In the event that there is no one at the Delivery Address at the time the Products are delivered, the Customer consents to the Products, where possible, being left unattended at the Delivery Address.

Products

(a) The Customer must only use the Products in accordance with the applicable Specification.

(b) The Customer agrees and acknowledges that:

(i) the colour of the Products as pictured on the Website may vary depending on the Customer’s computer monitor; and

(ii) the Products as pictured on the Website may vary from time to time.

(iii) provide the Customer with a refund of the Purchase Price for the Product

Title and Risk

(a) All Products delivered by U Clean Supplies to the Customer under these terms and conditions remain the property of U Clean Supplies until the Customer has paid the Purchase Price for the Products and all money due to U Clean Supplies by the Customer is paid in full.

(b) The Customer bears the risk relating to the Products from the time the Products are dispatched by U Clean Supplies.

(c) Upon taking possession of the Products before full payment of the Purchase Price has been made to U Clean Supplies, the Customer must store the Products:

(i) separately from other goods of the Customer, so that the Products are not mixed with those other goods; and

(ii) in such a way that the Products are recognisable as the property of U Clean Supplies.

(d) The Customer acknowledges that these terms and conditions creates a security interest under the PPSA in the Products and any other products to be supplied in the future and the Customer consents to U Clean Supplies effecting a registration on the PPSA register in relation to any security interest contemplated by these terms and conditions. The Customer agrees to pay all costs, expenses and other charges incurred, expended or payable by U Clean Supplies in relation to the filing of a financing statement or financing change statement in connection with these terms and conditions.

(e) The Customer must not charge the Products in any way or grant or otherwise give any interest in the Products while it remains the property of U Clean Supplies, nor allow any third party to acquire a security interest in the Products.

(f) U Clean Supplies may allocate payments made by the Customer to U Clean Supplies under these terms and conditions, or any other agreement with U Clean Supplies, to any obligation owed by the Customer to U Clean Supplies.

(g) If the Customer fails to comply with any obligation under these terms and conditions, then without limiting the remedies available to U Clean Supplies:

(i) upon request by U Clean Supplies, the Customer must return the Products and any other products on which there are outstanding amounts owing;

(ii) the Customer authorises U Clean Supplies and any person authorised by U Clean Supplies, to enter premises where the Products, or other products owned by U Clean Supplies, may be located to take possession of the Products and other products owned by U Clean Supplies; and

(iii) U Clean Supplies may retain, sell or otherwise dispose of the Products or other products owned by U Clean Supplies.

Indemnity

The Customer is liable for, and indemnifies U Clean Supplies from and against, all loss or damage (including legal costs) incurred or suffered by U Clean Supplies however caused in connection with:

(a) any use of the Products other than in accordance with the Specification;

(b) personal injury or death of any person (including any employee of the Customer) in connection with the use of the Products;

(c) damage to property in connection with the use of the Products;

(d) U Clean Supplies exercising its rights under clause 6 or attempting to do so; or

(e) any act or omission of the Customer, its officers, employees or agents.

Hyperlinks

1. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website.  Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
2. Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.

Intellectual Property Rights and Rebranding

The Customer acknowledges and agrees that nothing in these terms and conditions grants the Customer any intellectual property rights (including copyright, trade marks, patents and designs) in the Products or any other intellectual property rights of U Clean Supplies.Merger and Survival

(a) The rights and obligations of the parties under these terms and conditions do not merge on completion of any transaction contemplated by these terms and conditions.

(b) Termination of these terms and conditions will not affect clauses 4, 5, 6, 8 and 9 and any other clause of these terms and conditions which is expressly or by implication intended to come into force or continue after termination.General

(a) The laws of Australia govern these terms and conditions.

(b) Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland, Australia and courts competent to hear appeals from those courts.

(c) The Customer must not assign, in whole or in part, or novate the Customer’s rights and obligations under these terms and conditions without the prior written consent of U Clean Supplies.

(d) U Clean Supplies may subcontract its obligations under these terms and conditions.

(e) Where these terms and conditions contemplate that a party may consent to, elect, determine, approve, nominate, decide or consider any matter or thing, that party may provide such consent or make such election, determination, approval, nomination, decision or consideration in its absolute discretion and conditionally or unconditionally without being required to give reasons or act reasonably, unless these terms and conditions expressly require otherwise.

(f) Each provision of these terms and conditions will be read and construed as a separate and severable provision or part and if any provision is void or otherwise unenforceable for any reason then that provision will be severed and the remainder will be read and construed as if the severable provision had never existed.

(g) These terms and conditions represent the parties’ entire agreement, and supersedes all prior representations, communications, agreements, statements, conduct and understandings, whether oral or in writing, relating to its subject matter.

(h) The rights and obligations of the parties under these terms and conditions do not merge on completion of any transaction contemplated by these terms and conditions.

(i) Customer consents to U Clean Supplies collecting information relating to the Customer (including Personal Information) and retaining that information in its customer database for use in accordance with our Privacy Policy.Definitions and Interpretation

(a) In these terms and conditions:

Consequential Loss means consequential loss, indirect loss, loss of revenues, loss of reputation, loss of profits, loss of actual or anticipated savings, loss of bargain, lost opportunities (including opportunities to enter into arrangements with third parties) and loss or damage in connection with claims against the Customer by third parties.

Customer means you.

Metro has the meaning given to that term by U Clean Supplier’s freight company.

Order has the meaning given to that term under clause 1(a).

Personal Information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

PPSA means Personal Property Securities Act 2009 (Cth).

PPSA Information means any information or documents (including copies of such documents), which are in existence or may be entered into in the future, of the kind mentioned in section 275(1) PPSA.

Products means the products ordered by the Customer under clause 1(a) and which U Clean Supplies accepts an Order.

Purchase Price in respect of a Product, means the purchase price and cost of delivery for that Product specified on the Website.

U Clean Supplies means U Clean Supplies Pty Ltd ABN  31 641 359 168.

Specification means the specification provided to the Customer by U Clean Supplies in respect of each Product (if any), as amended by U Clean Supplies from time to time.

Website means www.ucleansupplies.com.au.

In these terms and conditions:

(i) the meaning of any general language is not restricted by any accompanying example, and the words ‘includes’, ‘including’, ‘such as’ or ‘for example’ (or similar phrases) do not limit what else might be included;

(ii) no rule of construction applies in the interpretation of these terms and conditions to the disadvantage of the party preparing the document on the basis that it put forward this document or any part of it; and

(iii) a reference to a party is a reference to U Clean Supplies or the Customer, and a reference to the parties is a reference to both U Clean Supplies and the Customer.