TERMS AND CONDITIONS OF SALE
By placing an order or setting up an account with us, you agree to be bound by the following Terms and Conditions of Sale.
1. WARRANTIES AND LIMITATIONS
1.1 All conditions and warranties implied into contracts for the sale of goods by virtue of any binding State, Territory or Federal legislation are hereby expressly excluded. However, nothing contained in this contract is intended nor shall be taken to exclude, restrict or modify those conditions and warranties implied into this contract by that legislation which, by law, are unable to be excluded, restricted or modified in this contract.
1.2 You acknowledge that in entering into this contract you have not relied upon any statement, representation, promise, warranty, or condition, oral or written, made or given by us or anyone in respect of the Goods or their sale, other than the express terms contained in these Terms and Conditions of Sale or those necessarily implied by law.
1.3 Subject to Conditions 1.4, 1.5 and 1.6, in no event shall we or our agents, distributors, employees or representatives be liable for any loss, damage or injury howsoever arising in relation to the Goods or any use or dealing with the Goods.
1.4 If the Goods are defective due to a manufacturing fault, we will, at our option, replace the Goods if you notify us in writing of the defect within 7 days of delivery and the defect in the Goods is not the result of any default, negligence or tampering with the Goods on your part or by any third party.
1.5 Where we supply Goods to you and you are a consumer within the meaning of the TPA to the extent that the Goods are not of a kind ordinarily acquired for personal, domestic or household use or consumption and we are in breach of a condition or warranty implied into this contract by the TPA (other than a condition or warranty implied by Section 69 of the TPA), our liability in respect of any such breach relating to the Goods is limited to the replacement of the Goods, the supply of equivalent Goods, or the payment of the cost of replacing the Goods or acquiring equivalent Goods.
1.6 So far as this contract applies in respect of Goods other than Goods of a kind ordinarily acquired for personal, domestic or household use or consumption where we import or manufacture the Goods and you purchase the Goods for re-supply, our liability to you in accordance with the applicable consumer legislation is limited to the liability to pay to you an amount equal to the cost of replacing the Goods or the cost of obtaining equivalent Goods, whichever is the lower amount.
1.7 Defects in Goods delivered in any one partial delivery shall not constitute a repudiation of this contract by us.
2. RETURN OF GOODS
2.1 We will not accept the return of Goods for credit or any other purpose UNLESS they are returned for purposes of and in accordance with Condition 1, or we are notified in writing of your intention to return the Goods and the reason therefore within 7 days of the date of delivery of those Goods to you; the Goods are as new, have not been tampered with by any person and have not been sold on a non-return basis; and we agree in writing (by means of supply of a Goods Return Authorisation Number which must be quoted on paperwork accompanying the merchandise) to accept the return of the Goods.
2.2 Where Goods are to be returned to us, our specified carrier(s) must be used and the Goods are to be returned to our store from which they were delivered within 14 days of the date of supply of our Goods Return Authorisation Number. The Goods shall be returned to you at your expense.
2.3 You agree to pay to us our reasonable charges relating to the return of the Goods including cost of re-packing the Goods.
3. DEFAULT
3.1 We are not obliged to deliver the Goods or any part thereof if you are in default in any of your obligations under this contract, or if you are a partnership or a partner thereof, being a natural person, commit an act of bankruptcy and/or become insolvent, bankrupt, call a meeting of your creditors or enter into an arrangement with creditors under Part X of the Bankruptcy Act 1966 (Cth); or you, being a company, are insolvent and/or call a meeting of your creditors, or go into receivership, official management or liquidation (except for the purposes of voluntary re-organisation) or we have reasonable grounds for suspecting that any of these things may occur.
3.2 You agree to pay us all costs and expenses, including our reasonable legal costs and expenses, incurred by us in exercising any of our rights or remedies under this contract, and such costs and expenses shall form part of the total price. No delay or failure on our part to exercise any right or remedy will constitute a waiver thereof.
