These
Terms and Conditions apply to all contracts for the sale of products
and services by ("the Vendor")
The
Vendor will sell and the customer shall acquire any product or
service subject to these terms and conditions. Submitting the
order form to Vendor will constitute acceptance of these terms
and conditions by the customer.
1. ENTERING
INTO A CONTRACTS
1.1 Verbally
making an order or submitting the order (by e-mail, facsimile
or otherwise) is an offer made by the customer to the Vendor.
The supply of samples or other literature or online information
prior to the placing of the order by the customer do not form
part of the contract.
1.2 The Vendor
may decide not to accept the customer's offer. Only written confirmation
(by internet, e-mail, facsimile or otherwise) of the order by
the Vendor will constitute acceptance by the Vendor of the customer's
offer.
1.3 The dispatch
of the goods by the Vendor shall be deemed to constitute written
confirmation of the order in regard to the goods dispatched.
1.3 The Vendor
will not be bound by any communication made to it by the customer
and the Vendor is entitled to reject any order made by the customer.
2. PRICE
AND TAXES
2.1 The price
is set out on the the Vendor web site on the date of ordering.
2.2 The price
does not include any sales or other taxes unless expressly stated
otherwise.
2.3 The Vendor
reserves the right to:
2.3.1 change the price of any goods; and/or
2.3.2 change taxes;
if there is any change in tax laws and/or regulations.
3. PAYMENT
The customer
must pay in full for all goods together with freight and handling
charges at the time that an offer is made. Acceptance by the Vendor
or its bankers of any such payment does not constitute an acceptance
of the customer's offer by the Vendor. All invoices must be paid
at the same time the offer is made.
4. DISPATCH
Goods will
usually be dispatched within 7 days of the offer being made by
the customer to the Vendor, if such offer is accepted by the Vendor.
However, the Vendor will not be responsible for any loss or damage
suffered by the customer by virtue of any delay in the dispatch
of the goods.
5. CANCELLATION/REFUND
POLICY
Cancellations
will not be accepted and any refund of any payment received will
be made solely at the discretion of the Vendor. No refund will
be made in any other circumstances unless the goods are faulty
or it is otherwise required by the provisions of any applicable
law.
6. RESTRICTION
ON CLAIMS
6.1 the Vendor
shall not be liable for any loss or damage sustained directly
or indirectly by the customer or any other person which arises
directly or indirectly from the goods or any delay or failure
to deliver the goods.
6.2 If the
law prohibits the exclusion of the Vendor's liability pursuant
to the preceding sub-clause then the Vendor's liability for a
breach of a condition or warranty shall be limited to:
6.2.1 the replacement of the goods or the supply of equivalent
goods;
6.2.2 the repair of the goods;
6.2.3 the payment of the cost of replacing the goods or of acquiring
equivalent goods; or
6.2.4 the payment of the cost of having the goods repaired;
whichever is the lesser.
6.3 The goods
shall be at the risk of the customer once they have left the possession
of the Vendor. The goods shall not be in the possession of the
Vendor if they are in the possession of any carrier who has been
entrusted with the delivery or part od the delivery of the goods.
7. TAXES
AND CUSTOMS
7.1 The customer
shall pay all governmental charges in respect of the sale, transport
or importation of the goods or any transaction in relation thereto.
7.2 The customer
is solely responsible for ensuring that all laws of the country
to which the goods are to be delivered and which are applicable
to the goods or any transaction in relation thereto are satisfied
and indemnifies the Vendor in relation to any liability arising
therefrom.
8. INTELLECTUAL
PROPERTY
Copyright
and all other intellectual property rights in all products and
services sold by the Vendor shall belong to and continue to belong
to the owners of such rights and the customer shall not obtain
any such rights or interest in such rights by virtue of receipt
of any product or service.
9. LAW
AND JURISDICTION
The Contract
shall in all respects be governed by and construed in accordance
with the laws of Australia and the State of South Australia and
shall be deemed to have been made in the State of South Australia
and the customer hereby agrees to submit to the exclusive jurisdiction
of the courts of the State of South Australia.
