Terms & Conditions of Business and Credit Policy

1. These terms and conditions are the sole conditions of business and supersede any terms or agreements previously agreed to. No variation shall be admitted except if it is in writing and signed by inca business services.

  1. Orders

2.1 Unless otherwise stated on the quotation all prices are

  1. open for acceptance for a period of 30 days; and
  2. based on the current labour and material costs and any variation in these or to specifications shall be to the customers account.

2.2 The placing of any order as a result of a quote is a full acceptance of these terms and conditions notwithstanding an inconsistency that may be introduced by the wording of the order. inca business services may decline any order or part of an order and it shall thereby be deemed cancelled.

2.3 The customer shall not cancel or vary any order without prior written consent of inca business services. In the event of any cancellation or variation the customer shall pay to inca business services all costs incurred consequent upon such cancellation.


2.3 Where inca business services provide staff/personnel and the contract is suspended or terminated within the first three (3) months, the full three (3) months fees will be due and payable within fourteen (14) days contract termination date.

 
  1. Payment

3.1 Time for payment shall be as follows:

  1. Customers with a current and approved credit proposal in writing with inca business services, shall pay for the goods or services provided within 7 days from date of invoice.

3.2 In the event that a customer fails to pay the invoiced amount or any sum payable when due:

  1. inca business services may at its option require cash on delivery or stop the supply of further goods and services to the customer;
  2. inca business services may at its option suspend the delivery of outstanding goods or cancel incomplete contracts, as it sees fit;
  3. Interest will accrue on the amount outstanding at the rate of 18% per annum;
  4. The customer shall be responsible for and shall indemnify inca business services against all costs, fees and charges including any legal costs and recovery costs incurred by inca business services in recovering from the customer all amounts due and the said costs, fees and charges shall be added to the sums invoiced;
  5. inca business services may list any defaulting accounts with the Credit Reference Association of Australia or like body. The customer acknowledges that such a listing may remain on the customer's file with this body and may affect any future credit applications; and/or
  6. No indulgence of time for payment given by inca business services shall amount to a waiver of any of its rights against the Customer.
 
  1. Customer errors

4.1 Products, Goods and services provided with incorrect details requiring change owing to incorrect information provided by the client will be charged at cost.

 
  1. Retention of title

5.1 Title to goods shall not pass to the customer until the price and all other sums owing are paid to inca business services in clear funds.

5.2 All systems documentation is provided is specifically for the business that issued the original instructions to inca business services to commence the work. Systems and the associated documentation cannot be transferred or given to another entity for their use unless permission is gained from inca business services

  
  1. Delivery and risk

6.1 All delivery dates referred to by inca business services are estimates given in good faith. Inca business services shall make its best endeavours to meet quoted delivery dates but where goods and services are delayed due to matters beyond inca business services control, quoted dates shall be extended accordingly.

6.2 inca business services shall in no circumstances be liable for any damage or loss whatsoever arising either directly or indirectly from any delay or failure of delivery of goods and services ordered by the customer.

6.3 All goods delivered to the customer are to be accepted by the customer and assumed for any and all purposes to be in good condition unless the customer notifies inca business services in writing within 7 days of receipt of the goods or service provided.

6.4 Any property of the customer in the possession of inca business services or in its custody or control is completely at the customer’s risk as regards loss or damage caused to the property or by it.

  
  1. Exclusion of Liability

7.1 inca business services shall not be liable for any consequential loss arising out of the sale or use of goods or services supplied.

7.2 Without derogating from any term or condition herein, inca business services shall not be liable or responsible for any damage and/or loss, howsoever caused, by the customer in the event that the goods and services supplied fail to perform, sufficiently, properly or at all (except and to the extent as must be implied by statute, statutory rule, or regulation) or whether such loss and/or damage be sustained directly and/or indirectly.

7.3 Without derogating from any term or condition herein, inca business services shall not be liable or responsible for any damage and/or loss, howsoever caused, by the customer in the event that inca business services fails, refuses and/or is unable to supply (whether late or at all) any or all of the services or goods ordered by the customer (except and to the extent as must be implied by statute, statutory rule, or regulation) whether such loss and/or damage be sustained directly and/or indirectly.

7.4 The goods and services are believed to be consistent and in accordance with the description in the quotation but no statement, representation, promise, undertaking, warranty, or indemnity is given or made to the customer (except and to the extent as must be implied by statute, statutory rule, or regulation) that any goods will perform to or in accordance with the description provided and, further, inca business services is not liable or responsible for the performance of same.

7.5 If any condition, remedy, liability or obligation is implied in this agreement or imposed on inca business services by any Act, statutory rule, or regulation, then only to the extent to which it cannot be and is not otherwise excluded, restricted, limited or modified by this agreement, then the liability of inca business services in respect thereof shall so far as is permissible be limited to the replacement of the services which prove to be defective under normal use within the warranty period provided by the supplier.

  
  1. Definitions

8.1 Goods may include personnel, materials, and service/s and various equipment as required, as and where applicable.

  
  1. Severability

9.1 In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this agreement, but this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained.

  
  1. Governing Laws

10.1 This agreement shall be interpreted according to the laws of the State of Queensland and the laws of the State of Queensland shall be the proper laws of this agreement. The parties agree to submit to the jurisdiction of the courts of Queensland and courts hearing appeals there from.