KLM Energy Services – Terms and Conditions of Trade (Short Version)
- “KLM” means KLM Gas Pty Ltd AFT Trust T/A KLM Energy Services, its successors and assigns or and person acting on behalf of and with the authority of KLM Gas Pty Ltd AFT Trust T/A KLM Energy Services.
- “Client” means the person/s buying the Goods (and/or hiring Equipment) as specified in any invoice, document or order, and if there is more than one Client is a reference to each Client jointly and severally.
- “Goods” means all Goods or Services supplied by KLM to the Client at the Client’s request from time to time (where the contexts so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
- “Equipment” means all Equipment including any accessories supplied on hire by KLM to the Client (and where the context so permits shall include any supply of Services). The Equipment shall be described on the invoices, quotation, authority to hire, or any other work authorisation form provided by KLM to the Client.
- “Price” means the Price payable for the Goods and/or Equipment hire as agreed between KLM and the Client.
- The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for or accepts delivery of the Goods/Equipment.
- The Client shall ensure that KLM has clear and free access to the work site at all times to enable them to undertake the works. KLM shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted or paves or grassed areas) unless due to the negligence of KLM.
Title to Goods
- KLM and the Client agree that ownership of the Goods shall not pass until:
a. the Client has paid KLM all amounts owing to KLM; and
b. the Client has met all of its other obligations to KLM.
2. Receipt by KLM 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
3. It is further agreed that:
a. until ownership of the Goods passes to the Client in accordance with Title to Goods 1. that the Client is only a Bailee of the Goods and must return the Goods to KLM on request.
b. the Client holds the benefit of the Client’s insurance of the Goods on trust for KLM and must pay to KLM the proceeds of any insurance in the event of the Goods being lost, damaged, destroyed or stolen.
c. the Client must not sell, dispose, or otherwise part with possession of the Goods other than that in the ordinary course of business and for market value. If the Client sells, disposes or parts with possessions of the Goods then the Client must hold the proceeds of any such act on trust for KLM and must pay or deliver the proceeds to KLM on demand.
d. the Client should not convert or process the Goods or intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of KLM and must sell, dispose of or return the resulting product to KLM as it so directs.
e. the Client irrevocably authorises KLM to enter any premises where KLM believes the Goods are kept and recover possession of the Goods.
f. KLM may recover possession of any Goods in transit whether or not delivery has occurred.
g. the Client shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of KLM.
h. KLM may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.
1. Equipment shall at all times remain the property of KLM and is returnable on demand by KLM. In the event that Equipment is not returned to KLM in the condition in which it was delivered KLM retains the right to charge the Client the full cost of repairing the Equipment. In the event that Equipment is not returned at all KLM shall have the right to charge the Client the full cost of replacing the Equipment.
2. The Client shall;
a. keep the Equipment in their own possession and control and shall not assign the benefit of the Equipment not be entitled to a lien over the Equipment.
b. not alter or make any additions to the Equipment including but without limitation altering, making any additions to, defacing or erasing any identifying mark, plate or number on or in the Equipment or in any other manner interfere with the Equipment.
c. keep the Equipment, complete with all parts and accessories, clean and in good order as delivered, and shall comply with any maintenance schedule as advised by KLM to the Client.
3. The Client accepts full responsibility for the safekeeping of the Equipment and the Client agrees to insure, or self-insure, KLM’s interest in the Equipment and agrees to indemnify KLM against physical loss or damage including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks and will effect adequate Public Liability Insurance covering any loss, damage or injury to property or persons arising out of the use of the Equipment. Further the Client will not use the Equipment nor permit it to be used in such as manner as would permit an insurer to decline any claim.
1. The failure by KLM to enforce any provisions of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect KLM’s right to subsequently enforce that provision. 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.
2. These terms and conditions to which they apply shall be governed by the laws of Queensland in which KLM has its principal place of business, and are subject to the jurisdiction of the Caboolture Courts in that state.
3. KLM shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by KLM of these terms and conditions (alternatively KLM’s liability shall be limited to damages which under no circumstances shall exceed the Price of Goods/Equipment hire).
4. The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by KLM nor to withhold payment of any invoice because part of that invoice is in dispute.
5. KLM may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
6. The Client agrees that KLM may amend these terms and conditions at any time. If KLM makes a change to these terms and conditions, then that change will take effect from the date on which KLM notifies the Client of such change. The Client will be taken to have accepted such changes if the Client makes a further request for KLM to provide Goods/Equipment to the Client.
7. 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.
8. The Client warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it do to so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.