1. ABOUT THESE TERMS AND CONDITIONS
1.1. These terms and conditions apply to all goods and/or services supplied to you (“the Customer”) by Newfield WA Pty Ltd trading as Mobile Phone Parts Center (“the Company”) and include any schedules, annexures or addendums to these terms and conditions.

1.2. These Terms govern our supply of Goods and Services to you, including supplies on a cash basis.

1.3. Unless otherwise agreed in writing, the Company does not accept and will not be bound by any conflicting terms or conditions in other documents supplied by the Customer.

2. GENERAL TERMS
2.1. The Company and Customer must abide by all applicable state and federal laws in relation to the supply and use of the goods and/or services.

2.2. Any indulgence or extension of time by the Company shall in no way be construed as a waiver by the Company to strictly enforce its rights as set out herein.

2.3. To the extent permitted by law, the Company’s liability for loss or damage that may be incurred as a result of the use of or failure of the product is limited to the cost of repairing or replacing the product and does not extend to any loss or damage which may be caused as a consequence of such use or failure. The Company shall in no event be liable for economic loss or profits, indirect, special or consequential damages, or any legal dispute.

2.4. The Company is not liable for any failure or delay in performing its obligations to the Customer where such failure or delay occurs as a result of any circumstance beyond the Company’s reasonable control. The Customer will have no right to terminate its agreement with the Company in such circumstances.

2.5. These terms and conditions shall be governed by the laws of the State of Western Australia. Each party irrevocably submits to the jurisdiction of the courts of Western Australia.

3. CONFIDENTIALITY
3.1. The Customer shall in no event disclose the Company’s confidential information to any third party without prior written consent. The Customer indemnifies the Company for any loss resulting from a breach of this clause.

4. WARRANTY

4.1. 6 months warranty applies to defective screens and 3 months to batteries. Warranty does not cover damage caused by misuse or incorrect installation, including but not limited to dents, cracks, frame damage, over-bent cables, broken connectors, or liquid damage. 

5. PAYMENT TERMS
5.1. The Company’s terms of payment are up front, upon delivery or otherwise as agreed in writing.
5.2. In some circumstances the Company may require the Customer to provide credit card details, or a deposit payment, to secure an order for the supply of goods and/or services prior to delivery. In the event that the Customer requests a delay in the supply of the goods and/or services from the date originally requested, and where the work has been completed by the Company in accordance with the original order, the Customer agrees that the Company may use the credit card details, or the deposit paid, to pay its value of the work performed or goods supplied.
5.3. Failure by the Customer to comply with the Company’s terms of payment shall immediately entitle the Company by written notice to cease supplying goods and/or services and suspend any further orders until all outstanding amounts have been paid in full by the Customer. However, the Company reserves the right thereafter not to supply the Customer any further or to convert the Customer’s account to a cash transaction basis only.
5.4. Each party involved in this matter must have existing credit terms set up with the Company or set up a new account prior to lodging any orders or requesting any services.

6. ORDERS
6.1. The Company reserves the right to accept in whole or in part any order or to refuse such order entirely.
6.2. Orders will not be accepted otherwise than subject to these terms and conditions. If the terms of the Customer’s order are inconsistent with these terms and conditions, the delivery of the goods and/or services by the Company to the Customer or to the Customer’s agent shall constitute an offer by the Company to sell those goods and/or services subject to these terms and conditions, which offer the Customer shall be deemed to accept by retaining the goods or accepting the services.

7. DELIVERY
7.1. Delivery of products and services shall be effected by the Company to the Customer:
7.1.1. Subject to availability; and
7.1.2. Without any liability on behalf of the Company for any delays, loss, damage and shortages, and may be by instalment.

8. DISPUTED INVOICES
8.1. Disputed invoices must be notified to the Company within 14 days of delivery of the invoice by the Company to the Customer, failing which the Company will have no further liability in relation to the matters in dispute.

9. OVERDUE ACCOUNTS
9.1. Any amount overdue for payment will, at the discretion of the Company, bear interest at the rate of 5.00% per month from the date it becomes overdue until paid.
9.2. If any amount is overdue for payment the Customer acknowledges that:
9.2.1. The Company may suspend the supply of goods and/or services and reserves the right to charge the Customer a reconnection fee;
9.2.2. The Company has no obligation to retain the customer information.

10. DEBT RECOVERY
10.1. Should it become necessary for the Company to institute legal action for recovery of any amounts due to it by the Customer, the Customer specifically acknowledges and agrees that it shall be liable to the Company on demand for all costs incurred by the Company in recovery of such amounts, including all legal costs on a full indemnity basis.

11. RETURNS
11.1. The Company will accept the return of any Goods if:
(a) the Goods supplied do not conform with the contract for supply;
(b) the Goods are defective; or
(c) required by law.

11.2. At the Company’s discretion, it may accept the return of Goods if:
(a) the Goods are in substantially the same condition in which they were delivered;
(b) they were not custom-produced or specially ordered;
(c) the Customer agrees to pay handling/restocking fees as determined by the Company.

11.3. The Customer is responsible for any damage during return transit.

12. RETENTION OF TITLE
12.1. Title to Goods supplied by the Company remains with the Company until payment is made in full.
12.2. Until title passes, the Customer holds Goods as fiduciary and bailee for the Company.
12.3. The Company reserves the right to enter premises and repossess Goods if payment is in default.

13. PPSA AND SECURITY INTEREST
13.1. The Company retains a purchase money security interest in all Goods under the Personal Property Securities Act 2009 (Cth) until full payment is made.
13.2. The Customer agrees not to create or register any security interest in the Goods without the Company’s prior written consent.
13.3. The Customer waives its right to receive any verification statement under the PPSA and agrees that certain rights under the Act do not apply.

14. INTELLECTUAL PROPERTY
14.1. All Intellectual Property rights in Goods supplied by the Company remain with the Company or the manufacturer.
14.2. Improvements or modifications to such rights vest in the Company upon creation.
14.3. The Customer has no right to use any Intellectual Property of the Company without written approval.

15. TERMINATION
15.1. The Company may terminate any agreement with the Customer immediately if:
(a) the Customer commits a material breach and fails to remedy it within a reasonable time;
(b) payment obligations are not met;
(c) the Customer becomes insolvent or ceases business;
(d) an administrator, receiver or liquidator is appointed over the Customer’s assets.

16. DEFINITIONS AND INTERPRETATION
16.1. “Goods” means all goods supplied by the Company.
16.2. “Services” means all services performed by the Company.
16.3. “Customer” means any person or entity to whom Goods or Services are supplied.
16.4. “Order” means any request by the Customer for the Company’s Goods or Services.
16.5. “PPSA” refers to the Personal Property Securities Act 2009 (Cth).