Strides Terms and Conditions

These terms and conditions must be accepted before making any purchase of any Strides products and/or sevices.

General Terms and Conditions of Trade

  1. Services
    1. "Seller" means E Bullock Equestrian Ltd T/A Strides its successors and assigns or any person acting on behalf of and with the authority of E Bullock Equestrian Ltd T/A Strides.
    2. "Buyer" means the person/s requesting the Seller to provide the Services as specified in any invoice, document or order, and if there more than one person requesting the Services is a reference to each person jointly and severally.
    3. The Services shall be as described on any invoices, quotation, work authorisation, or any other forms which are provided by the Seller to the Buyer.
    4. "Incidental Items" means any goods, documents, designs, drawings, software or other materials supplied, consumed, created or deposited incidentally by the Seller in the course of it conducting, or supplying to the Buyer, any Services.
  2. Price And Payment
    1. The Price shall be as indicated on invoices provided by the Seller to the Buyer in respect of the Services supplied.
    2. Time for payment for the Services shall be of the essence and will be stated on the invoice, quotation or any other order forms. If no time is stated then payment shall be due on delivery of the Services.
    3. The Price shall be increased by the amount of any GST and other taxes and duties, which may be applicable, except to the extent that such taxes are expressly included in any quotation given by the Seller.
  3. Default & Consequences Of Default
    1. Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Seller’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
    2. If the Buyer owes the Seller any money the Buyer shall indemnify the Seller from and against all costs and disbursements incurred by the Seller in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Selle's collection agency costs, and bank dishonour fees).
  4. Title
    1. The Seller and the Buyer agree that where it is intended that the ownership of Incidental Items is to pass to the Buyer that such ownership shall not pass until:
      1. the Buyer has paid the Seller all amounts owing for the Services; and
      2. the Buyer has met all other obligations due by the Buyer to the Seller in respect of all contracts between the Seller and the Buyer; and
      3. the Buyer must not sell, dispose, or otherwise part with possession of the Incidental Items. If the Buyer sells, disposes or parts with possession of the Incidental Items then the Buyer must hold the proceeds of sale of the Incidental Items on trust for the Seller and must pay or deliver the proceeds to the Seller on demand.
  5. Cancellation
    1. In the event that the Buyer cancels delivery of the Services the Buyer shall be liable for any and all loss incurred (whether direct or indirect) by the Seller as a direct result of the cancellation (including, but not limited to, any loss of profits).
  6. Personal Property Securities Act 1999 ("PPSA")
    1. Upon assenting to these terms and conditions in writing the Buyer acknowledges and agrees that:
      1. these terms and conditions constitute a security agreement for the purposes of the PPSA; and
      2. a security interest is taken in all Incidental Items previously supplied by the Seller to the Buyer (if any) and all Incidental Items that will be supplied in the future by the Seller to the Buyer.
    2. The Buyer undertakes to:
      1. sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Seller may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
      2. indemnify, and upon demand reimburse, the Seller for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any Incidental Items charged thereby;
      3. not register a financing change statement or a change demand without the prior written consent of the Seller.
    3. The Seller and the Buyer agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these terms and conditions.
    4. The Buyer waives its rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA.
    5. Unless otherwise agreed to in writing by the Seller, the Buyer waives its right to receive a verification statement in accordance with section 148 of the PPSA.
    6. The Buyer shall unconditionally ratify any actions taken by the Seller under clauses 6.1 to 6.5.
  7. Privacy Act 1993
    1. The Buyer authorises the Seller or the Seller’s agent to:
      1. access, collect, retain and use any information about the Buyer;
        1. (including any overdue fines balance information held by the Ministry of Justice) for the purpose of assessing the Buyer’s creditworthiness; or
        2. for the purpose of marketing products and services to the Buyer.
      2. disclose information about the Buyer, whether collected by the Seller from the Buyer directly or obtained by the Seller from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Buyer.
    2. Where the Buyer is an individual the authorities under clause 18.1 are authorities or consents for the purposes of the Privacy Act 1993.
    3. The Buyer shall have the right to request the Seller for a copy of the information about the Buyer retained by the Seller and the right to request the Seller to correct any incorrect information about the Buyer held by the Seller.
  8. Intellectual Property
    1. Where the Seller has designed, drawn or developed Incidental Items for the Buyer (including, but not limited to, software), then the copyright in any Incidental Items shall remain the property of the Seller. The Buyer agrees they shall not supply any designs drawings or software to any third party without the prior written approval of the Seller.
    2. The Buyer warrants that all designs, specifications or instructions given to the Seller will not cause the Seller to infringe any patent, registered design or trademark in the execution of the Buyer’s order and the Buyer agrees to indemnify the Seller against any action taken by a third party against the Seller in respect of any such infringement.
    3. The Buyer agrees that the Seller may (at no cost) use for the purposes of marketing or entry into any competition, any Incidental Items which the Seller has created for the Buyer.
  9. Liabilities
    1. The Seller shall be under no liability whatsoever to the Buyer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Buyer arising out of a breach by the Seller of these terms and conditions (alternatively the Seller’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Services).





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