Terms of service
Disclaimer
The information on this website is provided for general information purposes only and does not constitute professional advice.
While we endeavour to ensure the accuracy and reliability of the information presented, Grapeworks Pty Ltd and Tanium Pty Ltd make no representations or warranties, express or implied, as to the completeness, accuracy, or suitability of the content for any particular purpose. Information may change without notice and may become outdated over time.
Any reliance you place on the information contained on this website is at your own risk. You should obtain independent advice appropriate to your specific circumstances before making any decisions based on this information.
All content on this website, including text, images, and logos, is the property of Grapeworks Pty Ltd and/or Tanium Pty Ltd and must not be reproduced, copied, or distributed without prior written consent.
1. Definitions
In these Terms and Conditions:
1.1.1. ‘The Company’ means Grapeworks Pty Ltd ACN 073 461 177; ABN 17 073 461 177 or Tanium Pty Ltd ACN 609 366 252; ABN 50 609 366 252 relating to the respective invoice issued.
1.1.2. ‘Purchaser’ means the person to whom these Terms and Conditions are provided.
1.1.3. ‘Order’ means an order for Goods submitted by the Purchaser to The Company from time to time.
1.1.4. ‘Invoice’ means the invoice provided by The Company after the Purchaser places the Order.
1.1.5. ‘Purchase Price’ means the amount stipulated by The Company in the Invoice.
2. Offer and Acceptance
2.1. The Purchaser must place an Order with The Company and each Order must specify:
2.1.1. the quantity and description of the goods the Purchaser wishes to purchase; and
2.1.2. a preferred date of delivery of the Goods.
2.2. The Company reserves the right to accept or reject in whole or in part any order placed by the Purchaser.
3. Payment
3.1. The Purchaser must pay the Purchase Price in Australian dollars and free of any exchange rate charges within thirty (30) days of the date of the Invoice.
3.2. The Company may charge interest on any overdue payment at 2% per annum above the rate fixed by the Penalty Interest Rates Act 1983 applicable at the time of the payment.
3.3. The Purchaser must not withhold payment of any amount due on account of any claim against The Company whether admitted or disputed.
4. Delivery
4.1. The Purchaser must pay the cost of delivery, which is included in the Purchase Price.
4.2. Delivery takes place on the date and time the Goods leave the premises of The Company.
4.3. Despite that an approximate date is stipulated in the Order, the time for the delivery of the Goods shall not be regarded as being of the essence.
4.4. Each carrier used by The Company for the delivery of the Goods shall be the agent of the Purchaser.
5. Property and Risk
5.1. The Purchaser accepts risk of loss, damage or deterioration to the Goods upon delivery.
5.2. The Company reserves the following rights until the Purchase Price is paid by the Purchaser:
5.2.1. ownership of the Goods;
5.2.2. the right to enter the Purchaser’s premises and retake possession of the Goods; and
5.2.3. the right to keep or re-sell goods repossessed.
5.3. If the Goods are resold, the Purchaser must hold proceeds relating to the Purchase Price in a separate identifiable account for The Company and pay such amount on request.
5.4. The Company may maintain an action for recovery of the Purchase Price.
5.5. If the Purchaser fails to pay, The Company may:
5.5.1. withhold supply;
5.5.2. repossess Goods; or
5.5.3. withhold delivery.
6. Exclusions
6.1. Each clause is severable and enforceable independently.
6.2. All implied warranties and liabilities are excluded except where expressly stated.
6.3. Consumer law rights are not excluded where applicable.
6.4. Liability is limited to replacement, repair, or cost of replacement.
6.5. The Company is not liable for force majeure events.
6.6. The Purchaser acknowledges all risk for suitability, no consequential liability, and no liability after delivery.
7. Costs
7.1. The Company may recover all costs arising from breach including legal costs.
7.2. If Goods are not collected, The Company may charge interest and resell the Goods.
8. Purchaser’s Acknowledgement
8.1. The Purchaser acknowledges they have inspected the Goods and no warranties have been made.
9. Insurances
9.1. The Company insures Goods unless otherwise stated.
9.2. Where Goods exceed $100,000, the Purchaser must insure them.
10. Goods and Services Tax
10.1. All amounts represent taxable supply value.
10.2. GST must be paid with the supply.
11. General
11.1. These Terms prevail over inconsistencies.
11.2. Governed by Victorian law.
11.3. Applies to all Goods unless varied in writing.
For Services Terms & Conditions relating to installation, repair, and technical services, please refer to our Services Terms & Conditions page.