KENSON TERMS & CONDITIONS

1. General
The whole of the Agreement between Kenson Hotel Services ("Kenson") and the Customer ("Customer") set out in any Quotation, Invoice, or other relevant document are those set out in these Terms and Conditions and those, if any, which are implied and which cannot be excluded by law ("Terms"). Any other contractual terms of the Customer (whether upon the Customer's order or elsewhere) which are contrary to or inconsistent with these Terms shall not apply nor shall they constitute a counter-offer. By receiving delivery of all or a portion of the Goods, the Customer shall be deemed to have accepted these Terms and to have agreed that they shall apply to the exclusion of all others.

2. Credit Terms
Payment is due on or prior to 7 days from the Invoice date unless otherwise specified. Kenson may charge liquidated damages at a rate equivalent of 5% in excess of the rate of interest for the time being fixed under Section 2 of the Penalty Interest Rates Act 1983 and calculated daily if payment is not made by the due date. The Customer is liable for all reasonable expenses and legal costs incurred by Kenson on a solicitor and own client basis for enforcement of obligations and recovery of moneys due from the Customer to Kenson.

3. Delivery & Supply
Acceptance by the Customer of the offer contained in any quotation shall not constitute a contract binding on Kenson until confirmed in writing by Kenson after receipt of such acceptance.
Unless otherwise stated delivery for orders over $100.00 is FOB Melbourne Metro Area only and charges may apply to any Customer orders outside this specification. Where prices include licence fees, Goods and Services Tax, customs duty and/or primage, they are based on the rates ruling at the date of quotation, and any increase will be for the Customers account. Where applicable, the prices quoted are based upon existing rates of exchange between Australia and countries from which supplied are received. Any increases in costs caused by variations in exchange rates between the date of quotation and the date when payment would normally be due shall be charged to the Customer.
Any times quoted for delivery are estimates only and Kenson shall not be liable for failure to deliver, or for delay in delivery. The Customer shall not be relieved of any obligation to accept or pay for Goods, by reason of any delay in delivery or dispatch. Kenson reserves the right to stop supply at any time if the Customer fails to comply with the Terms. Should the Customer counter demand, neglect or refuse to accept delivery of the goods, then the Customer shall forfeit all monies paid to Kenson and in addition the Customer shall pay Kenson 10% inwards of the contract price as and by way of liquidated damages; and further, if the Customer refuses to comply with Kenson's request to return to Kenson the goods, the Customer gives Kenson, or its Agents, leave and licence at any time to retake possession of such goods and further the Customer agrees to pay all expenses of such repossession, including freight and cartage, both to and from the Kenson's store.
Quotations for the supply of Goods are subject to same being available at time of acceptance by Kenson. Although Kenson undertakes to use its best endeavours to execute orders within the time specified, it does not accept responsibility for any direct or indirect loss arising from delay by reason of strike, lock-outs, accidents, fire, wars, acts of God, force majeure, non-delivery of material or parts by the manufacturers, and/or any other cause whatsoever beyond its control. Any expense or additional cost incurred on completion of the contract, due to late provision or materials, buildings, sites, facilities, or anything for which the Customer is responsible, will be chargeable to the Customer.
Should the completion of any contract based on this quotation be rendered incapable of performance or suspended wholly or in part by reasons, causes, or matters beyond Kenson's control, Kenson shall be relieved of liability to the extent to which performance is so frustrated, nevertheless payment shall be made to Kenson of that part of the sales price corresponding to such work as shall have been appropriated, manufactured, purchased, or executed by Kenson, or by its Sub-Contractors, whether the same shall have been incorporated in the said work, delivered to and/or erected on the site or not and any pre-payment which may have been in respect of the contract shall be applied towards the satisfaction of such sum as may be due to Kenson under these provisions.

4. Property
Until full and final payment has been made for all Goods supplied by Kenson under these Terms ("Goods") and any other sums in any way outstanding from the Customer to Kenson from time to time:
4.1 All sums outstanding become immediately due and payable by the Customer to Kenson if the Customer makes default in paying any other sums due to Kenson, becomes bankrupt, or commits any act of bankruptcy, compounds with its creditors, has judgment entered against it in any Court or, being a company, has a Provisional Liquidator, Liquidator, Receiver, Receiver Manager or Administrator appointed notwithstanding the provisions of Clause 2.
4.2 The Property of the Goods shall not pass to the Customer and the Customer shall hold the Goods as Bailee for Kenson (returning the same to Kenson on request). The Goods shall nevertheless be at the risk of the Customer from the time of delivery.
4.3 Kenson is irrevocably authorised to enter any premises where the Goods are kept, and to use the name of the Customer and to act on its behalf, if necessary, to recover possession of the Goods.

5. Cancellations
No cancellations or partial cancellation of any order by the Customer shall be accepted by Kenson after 30 days from the written order date of the order, or in the absence of the written order the date the verbal order placed to Kenson, and only then if Kenson has first consented in writing to such cancellation and unless a cancellation charge has been paid which, as determined by Kenson, will indemnify Kenson against all loss, without limitation. Cancellation will not be accepted on goods that are not regular stock which are in the process of manufacture or ready for shipment.

6. Privacy Act 1988
To enable Kenson to assess the Customer's application for credit, the Customer authorises Kenson:
6.1 To obtain from a credit reporting agency, a credit report containing personal information about the Customer and its guarantors pursuant to Section 18K(1)(b) of the Privacy Act;
6.2 To obtain a report from a credit reporting agency and other information in relation to the Customer's commercial credit activities.
AND in accordance with Section 18N(1)(b) of the Privacy Act, the Customer authorises Kenson to give to and obtain from any credit provider named in the accompanying credit application and credit providers that may be named in a credit report issued by a credit reporting agency, information about the Customer's credit arrangements. The Customer understands that this information can include any information about its credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to give or receive from each other under the Privacy Act. The Customer understands that information can be used for the following purposes:
6.3a To assess its application for credit [Section 18L(4) Privacy Act]
6.3b To assist it to avoid defaulting on its credit obligations.
6.3c To notify other credit providers of a default by it.
6.3d To access its credit worthiness.

7. Notification
The customer must notify Kenson in writing within 7 days of:
7.1 Any alteration of the name of ownership of the Customer.
7.2 The issue of any legal proceedings against the Customer.
7.3 The appointment of any Provisional Liquidator, Liquidator, Receiver, Receiver Manager or Administrator to the Customer.
7.4 Any change in the ownership of the business name of the Customer. The Customer agrees that it shall be liable to Kenson for all Goods supplied to the new owner by Kenson until notice of any such change is received.

8. Warranties
Goods supplied shall be subject to the warranty specified by the Manufacturer which is subject to change from time to time. All Customers warrant that they have received the Goods for the purposes of a business and/or for resupply in trade and:
8.1 Kenson gives no warranty that Goods are fit for any particular purpose and all other conditions, warranties and representations whether expressed, implied or statutory are excluded.
8.2 Kenson shall not be liable for any consequential indirect or special damage or loss of any kind whatsoever.
8.3 No claims or return of Goods in respect of such a sale need be recognised unless authorised by Kenson within 7 days of delivery to the Customer.
8.4 Liability of Kenson for any loss/damage/injury from any defect or non-compliance of Goods sold is limited to repair, replacement or damages (not exceeding the invoice value of the Goods) at the option of Kenson.
8.5 Any specification, photograph or other illustration accompanying a quotation shall not be taken as necessarily representing the equipment forming the subject of a quotation or sale, but rather as a general indication thereof. Kenson reserves the right to effect minor modifications in the equipment described, depicted or illustrated.

9. Legal Construction
These Terms shall be governed and interpreted according to the laws of Victoria and Kenson and the Customer consent and submit to the jurisdiction of the Courts of Victoria. Notwithstanding that any provision of the Terms may prove to be illegal or unenforceable pursuant to any statute or rule of law or for any other reason that the provision is deemed omitted without affecting the legality of the remaining provisions and the remaining provisions of the Terms shall continue in full force and effect.
Kenson Hotel Services disclaims all responsibility and liability (including negligence) in relation to information on or accessible from this site. This site contains links to external sites. Kenson Hotel Services is not responsible for, and has no control over, the content of such sites. Information on this site, or available via hypertext link from this site, is made available without responsibility on the part of Kenson Hotel Services.