Price and Payment

  1. At the Seller’s sole discretion, the Price shall be either:
    1. as indicated on any invoice provided by the Seller to the Customer; or
    2. as specified in the Sellers current price list; or
    3. c. as displayed on the web site www.PHE.com.au; or
    4. the Seller’s quoted price (subject to clause 3) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
  2. The Seller reserves the right to change the Price
    1. if a variation to the Goods which are to be supplied is requested; or
    2. if a variation to the Services originally scheduled (including any applicable plans or specifications) is requested; or
    3. if during the course of the Services, the Goods are not or cease to be available from the Seller’s third party manufacturers, then the Seller reserves the right to provide alternative Goods; or
    4. where additional Services are required due to the discovery of hidden or unidentifiable difficulties or in the event of increases to the Seller in the cost of labour or materials (including but not limited to overseas transactions that may increase as a consequence of variations in foreign currency rates of exchange and/or international freight and insurance charges) which are beyond the Seller’s control.
  3. The Seller reserves the right to change the Price if a variation to the Seller’s quotation is requested. Variations will be charged for on the basis of the Seller’s quotation, and will be detailed in writing, and shown as variations on the Seller’s invoice. The Customer shall be required to respond to any variation submitted by the Seller within ten (10) working days. Failure to do so will entitle the Seller to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.
  4. At the Seller’s sole discretion, a non-refundable deposit may be required.
  5. Time for payment for the Goods being of the essence, the Price will be payable by the Customer on the date/s determined by the Seller, which may be:
    1. on Delivery of the Goods;
    2. before Delivery of the Goods;
    3. by way of instalments/progress payments in accordance with the Seller’s payment schedule;
    4. fifteen (15) days following the end of the month in which a statement is posted to the Customer’s address or address for notices;
    5. the date specified on any invoice or other form as being the date for payment; or
    6. failing any notice to the contrary, the date which is thirty (30) days from the end of the month in which the invoice was issued to the Customer by the Seller.
  6. Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Customer and the Seller.
  7. The Seller may in its discretion allocate any payment received from the Customer towards any invoice that the Seller determines and may do so at the time of receipt or at any time afterwards. On any default by the Customer the Seller may re-allocate any payments previously received and allocated. In the absence of any payment allocation by the Seller, payment will be deemed to be allocated in such manner as preserves the maximum value of the Seller’s Purchase Money Security Interest (as defined in the PPSA) in the Goods.
  8. The Seller may in its discretion allocate any payment received from the Customer towards any invoice that the Seller determines and may do so at the time of receipt or at any time afterwards. On any default by the Customer the Seller may re-allocate any payments previously received and allocated. In the absence of any payment allocation by the Seller, payment will be deemed to be allocated in such manner as preserves the maximum value of the Seller’s Purchase Money Security Interest (as defined in the PPSA) in the Goods.
  9. Unless otherwise stated the Price does not include GST. In addition to the Price, the Customer must pay to the Seller an amount equal to any GST the Seller must pay for any supply by the Seller under this or any other agreement for the sale of the Goods. The Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Price. In addition, the Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.