Shipping & Warranty

Terms and Conditions  

In consideration of the promises and covenants contained herein and payment of the consideration (Purchase Price), the Vendor agrees to sell, and the Purchaser agrees to purchase the goods on the terms and conditions set forth in this agreement. The Parties hereby agree as follows:

  1. Definitions

In this Agreement, the following definitions apply:

ACL means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Agreement means this agreement and any other document which is attached to or incorporated by reference.

Business Day means a day which is not a Saturday, Sunday, or public holiday in Melbourne.

GST means the goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Goods means the goods specified in the Particulars of Sale and as provided under Clause 3 of this Agreement.

Parties means the Purchaser and Vendor collectively.

Purchaser means the purchasing party referred to in the Particulars of Sale.

Purchase Price means the amount set out in the Particulars of Sale.

Vendor means the entity selling the goods under this agreement.

  1. Interpretation
  • (a) Obligations under this agreement affecting more than one party bind them jointly and each of them severally.
  • (b) Words importing the masculine shall include the feminine and neuter genders and vice versa; words importing the singular shall include the plural and vice versa; and where more than one person is included as the purchaser their obligations hereunder shall be joint as well as several.
  • (c) Reference to an amount of money is a reference to the amount in the lawful currency of the Commonwealth of Australia.
  1. Goods
  • (a) The Purchaser acknowledges that the Vendor is not responsible for
  • - the site or location to which the Goods shall be delivered and if applicable, constructed and erected or placed as specified by the Purchaser;
  • - connection of any plumbing, electrical or other main connections for the Goods;
  • - any delay in supplying the Goods due to a delay outside of the Vendor’s control.
  • (b) The completion date of this transaction is the date on which the Goods sold to the Purchaser are available for collection from the Vendor’s address.
  • (c) Collection of the Goods by the Purchaser is conditional on all amounts owing to the Vendor being paid on or before the due date.
  • (d) The Purchaser acknowledges that timing for collection shall be an estimate only and the Vendor reserves all rights to revise any estimates given in its absolute discretion. 
  1. Sale of Goods

Sale

  • (a) The Vendor hereby agrees to sell, and the Purchaser agrees to purchase the Goods specified in the particulars of sale.

Price

  • (b) For the sale of Goods, the Purchaser agrees to pay the Purchase Price to the Vendor together with any additional amounts owing.
  • (c) Unless otherwise expressly stated, all prices or other sums payable or consideration to be provided under or in accordance with the Agreement are exclusive of GST.
  • (d) The Purchaser acknowledges that the Purchase Price excludes any amounts payable for insurance, delivery costs or charges which may be applicable to the Goods. The Purchaser is responsible for these expenses as they fall due.
  • (e) The Purchaser also agrees to pay any additional costs or amount for packaging, transport, insurance, loading, unloading, storage, or any other costs incurred by the Vendor in supplying or delivering the Goods to the Purchaser if such service is agreed between the parties.

Deposit

  • (f) The Purchaser agrees to pay a deposit equal to the amount specified in the Particulars of Sale by the date specified in the Particulars of Sale.
  • (g) The Deposit is not refundable.
  • (h) If the Goods purchased is a customised option, the Purchaser agrees that the deposit payable is equal to 100% of the Purchase Price, paid in advance.

Payment

  • (i) The balance of the Purchase Price will be due to the Vendor immediately upon receipt of the Goods.

Interest

  • (j) The Purchase must pay interest on any outstanding amount. Interest will be calculated on a monthly basis, at the Cash Rate Target fixed by the Reserve Bank of Australia plus being 6%.
  1. Collection / Delivery
  • (a) The Purchaser agrees that delivery of the Goods is not applicable to this transaction.
  • (b) The Goods will be made available for collection from the Purchaser at the address specified from the Vendor.
  • (c) The Purchaser is responsible to pay all freight and shipping charges incurred at the Purchaser’s sole cost.
  • (d) The Purchaser agrees and acknowledges that the Goods shall only be kept and stored by the Vendor for a period of 14 days awaiting collection unless otherwise agreed upon by the Vendor in writing.
  • (e) Any dates or times agreed upon by the Parties for collection / delivery of the Goods are estimates only and time shall not be of the essence for collection. The Vendor is not liable for any losses, expenses, or damages for failure to meet any collection / delivery date or time.
  1. Title & Risk
  • (a) Ownership, right and title of the Goods will not pass to the Purchaser until all amounts owing have been paid to the Vendor in full.
  • (b) Risk of loss for the Goods will automatically pass to the Purchaser upon acceptance of the Goods. For the avoidance of doubt the Vendor is not responsible for the Goods once the Purchaser or its representative take physical possession of the Goods.
  • (c) You hereby represent and warrant that until payment is received to the Vendor in full, you forfeit all right and claim to any interest in the Goods and must not claim any set off or lien and must not create any absolute or indefeasible interest in the Goods in favour of any third party except where expressly authorised by the Vendor.
  • (d) You agree to indemnify and hold the Vendor harmless for all reasonable costs and expenses of recovery of the Goods and losses if any on their resale
  1. Liability
  • (a) The Purchaser indemnifies and releases the Vendor against all costs, liability, losses and claims incurred as a result of a breach of any of the terms of this Contract and any costs, charges or taxes which may be incurred by the Vendor arising from the performance by the Consignor of its obligations under this Contract.
  • (b) The Purchaser indemnifies, and will at all times keep the Vendor and each of its Personnel indemnified, against any liabilities, losses, damages, costs and expenses arising out of, or in any way in connection with, any:

- personal injury, including sickness and death;

- property damage;

- breach of an obligation under this Agreement or otherwise;

- third party claim arising out of a breach of the Agreement by the Supplier or its Personnel (including breach of warranty) or any negligent act or omission of the Supplier or its Personnel;

which was caused, or contributed to by, any act or omission by the Vendor or any of its Personnel in supplying the Goods.

  1. Purchasers Acknowledgements

The Purchaser acknowledges and agrees that:

  • (a) The Purchaser was given a copy of this Agreement before signing;
  • (b) No information, representations or warranty of the Vendor or their representative(s) was supplied or made with the intention or knowledge that it would be relied upon by the Purchaser;
  • (c) The Purchaser has relied on its judgement in purchasing the Goods and has satisfied itself to all enquiries including all improvements, fixtures and chattels therein;
  • (d) No warranty has been given as to the condition or quality of the improvements, fixtures, fittings or chattels;
  • (e) No brochure, report or advertising material is to be relied on as an accurate description of the Goods; and
  • (f) This Agreement forms the entire agreement between the Vendor and the Purchaser.
  1. Termination
  • (a) This Agreement will automatically terminate if the Purchaser becomes insolvent or bankrupt.
  • (b) The Vendor reserves the right to terminate this Agreement, and may at its discretion terminate this Agreement by notice in writing to you for any reason.
  • (c) If this Agreement is terminated by the Vendor, the Purchaser may not attempt to avoid this Agreement, refuse to accept the Goods, object to a variate, charge or substitution of this Agreement, seek an injunction, require the Vendor to carry out any works or complete any tasks in performance of this Agreement, delay collection, payment or seek compensation of any nature, and seek any reduction or off-set any part of the Purchase Price or amounts payable.
  • (d) Force Majore - The Vendor shall not be held responsible for any delay or failure in performance of any part of this agreement to the extent such delay or failure is caused by fire, flood, explosion, war, embargo, government requirement, civil or military authority, act of God, epidemic, pandemic or other similar causes beyond its control and without the fault or negligence of the Vendor. 
  1. Termination
  • (a) Governing Law - This agreement is governed by the laws of Victoria and the parties submit to the non-exclusive jurisdiction of the Courts of that state.
  • (b) Assignment - This agreement may not be assigned, sold, leased or otherwise transferred in whole or part by either party expect with the other party’s prior written consent.
  • (c) No Waiver - The failure of either party to this agreement to insist on the performance of any of the terms and conditions of this agreement, or the waiver of any breach of any of the terms and conditions of this agreement, shall not be construed as waiving any terms and conditions, but such terms and conditions shall continue and remain in full force and effect as if no forbearance or waiver had occurred.
  • (d) Effect of Partial Invalidity - The invalidity of any part of this agreement will not and shall not be deemed to affect the validity of any other part. In the event that any provision of this agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the removal of the invalid provision.
  • (e) Entire Agreement - This agreement shall constitute the entire agreement between the parties. Any prior understanding or representation of any kind preceding the date of this agreement shall not be binding on either party except to the extent incorporated in this agreement.
  • (f) Modification - Any modification of this agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if evidenced in a writing signed by each party or an authorised representative of each party.
  • (g) Counterparts – _This Agreement may be executed in counterparts, all of which shall constitute a single agreement.