TERMS & CONDITIONS
1. INTERPRETATION
1.1 In these Terms and Conditions:
“Australian Consumer Law” means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 as amended from time to time and any associated legislation.
“Claims” means actions, demands, losses, injuries, damages, suits, judgments, injunctions, orders, decrees, costs and expenses of every description and includes, without limitation, consequential losses and damages.
“Contract Documents” means these Terms and Conditions and any Order or quotation for the purchase of the Goods prepared by the Supplier and approved by the Customer.
“Contract Price” means the Contract Price specified in the Contract Documents, as varied from time to time by the parties.
“Customer” means the Customer specified in the Contract Documents, and includes any person who received the Goods as a gift.
“Delivery Date” means the estimated date the Goods will be delivered to the Customer specified in the Contract Documents.
“Deposit” means an amount equal to 30% of the Contract Price.
“Goods” means, without limitation, the fittings, fixtures, chattels, goods and other equipment selected to be purchased by the Customer and to be provided by the Supplier specified in the Contract Documents.
“Order” means the Supplier’s order form completed by the Customer and submitted to the Supplier for the purchase of the Goods.
“Part-Payment Agreement” means an agreement whereby the Customer will make payment of the Contract Price in instalments.
“Refund and Returns Policy” means the refund and returns policy published by the Supplier from time to time.
“Special Order Goods” means Goods which are not usually sold or carried by the Supplier, and have been specially ordered for the Customer by the Supplier at the request of the Customer.
“Supplier” means the owner of this website or such other supplier notified in writing from time to time.
“Terms and Conditions” means these Terms and Conditions and any recitals, schedules, appendices, and exhibits to it as it may later be amended or supplemented by the parties in writing, including the Refund and Returns Policy.
2. AGREEMENT
2.1 The Customer acknowledges and agrees these Terms and Conditions constitute a binding agreement between the Customer and the Supplier and may only be amended or varied by agreement in writing signed by the parties, and if not in writing shall be of no effect.
2.2 The Customer has engaged the Supplier to supply the Goods to the Customer for the Contract Price, subject to the terms of the Contract Documents. The Supplier shall supply the Goods to the Customer in accordance with the terms of the Contract Documents and the Australian Consumer Law.
3. GOODS
3.1 The Customer acknowledges and agrees the Goods are selected by the Customer, relying on their own inspection, knowledge and enquiries. The Supplier does not expressly or impliedly warrant the Goods selected by the Customer are or shall remain fit, suitable or adequate for the purposes of the Customer. All warranties implied by Law as to the fitness, suitability and adequacy of the Goods are expressly negatived, to the extent permitted by Law.
4. CONTRACT PRICE
4.1 The Customer must pay the Contract Price to the Supplier at the times and in the manner provided for in the Contract Documents, or as the Supplier may otherwise direct in writing from time to time.
5. PART-PAYMENT OF GOODS
5.1 The Supplier may, at the sole discretion of the Supplier, accept the Customer’s offer to purchase the Goods under a Part-Payment Agreement, such agreement shall be subject to, and conditional upon, the following terms (unless otherwise agreed to in writing between the parties):
(a) the Customer must make payment of the:
(i) Deposit to the Supplier when the Customer enters into the Part-Payment Agreement;
(ii) balance Contract Price in full within 30 days of placing the Order.
(b) the Supplier will retain possession of, and title to, the Goods the subject of the Part-Payment Agreement until the Customer has made payment of the Contract Price in full.
5.2 Subject to Clause 5.4, the Customer may terminate the Part-Payment Agreement at any time before the Supplier has processed the Order to deliver the Goods to the Customer by written notice to the Supplier.
5.3 Without limiting Clause 11, the Supplier may terminate the Part-Payment Agreement at any time by written notice to the Customer if the:
(a) Supplier is no longer engaged in trade or commerce; or
(b) Goods are no longer available due to circumstances beyond the control of the Supplier.
5.4 If the Part-Payment Agreement is terminated in accordance with the terms of Clause 5.2, the Supplier will refund all amounts paid by the Customer to the Supplier for the Goods, less the Deposit. The Customer acknowledges and agrees the Deposit is a reasonable estimate of the Supplier’s costs incurred in relation to the supply of Goods under the Part-Payment Agreement, including but not limited to, storage costs and administration costs. The Supplier may recover any part of the Deposit payable under this clause from the Customer as a liquidated debt.
5.5 If the Part-Payment Agreement is terminated in accordance with the terms of Clause 5.3, the Supplier will refund to the Customer all amounts paid by the Customer to the Supplier for the Goods under the Part-Payment Agreement.
6. SPECIAL ORDER GOODS
6.1 The Supplier may, at the sole discretion of the Supplier, accept the Customer’s request to place an Order for Special Order Goods, provided the Customer makes payment of the Deposit, subject to the terms of this Clause 6.
6.2 Subject to Clause 6.3, the Customer may terminate an Order for Special Order Goods at any time before the Supplier has processed the Order by written notice to the Supplier.
6.3 If the Order for Special Order Goods is terminated in accordance with the terms of Clause 6.2, the Customer agrees the Deposit paid to the Supplier under the Order shall be forfeited by the Customer to the Supplier in full. The Customer acknowledges and agrees the amount payable by the Customer to the Supplier under this Clause is a reasonable estimate of the Supplier’s costs incurred in relation to the Order, including but not limited to, purchase costs, storage costs and administrative costs.
7. DELIVERY OF GOODS
7.1 Delivery of the Goods shall be effected on the earlier of the date the:
(a) Customer or its servants, agents, employees or contractors, or any other person nominated in writing by the Customer from time to time accepts delivery of the Goods, or takes possession of the Goods; or
(b) Goods are delivered by the Supplier to the address nominated in writing by the Customer.
7.2 The Customer must pay to the Supplier all costs associated with the delivery of the Goods, including, but not limited to, freight, insurance and/or handling charges, at the same time and in the same manner as payment of the Contract Price in accordance with Clause 4.1.
7.3 The Supplier does not expressly or impliedly warrant the Goods will be delivered by the Delivery Date. The Customer acknowledges and agrees the Delivery Date is an estimate only and may be subject to change without notice and reason.
7.4 Should delivery of the Goods be delayed or become unduly protracted for any reason (including but not limited to variations of the Order by the Customer, acts of God, inclement weather, fire, explosion, civil commotion, industrial dispute, delays in the supply of Goods, or for any other reason outside the control of the Supplier) so as to postpone or delay the delivery of the Goods, the Supplier reserves the right to review the costs associated with the delivery of the Goods and payable by the Customer in accordance with Clause 7.2.
8. TITLE & RISK
8.1 Title to any Goods supplied by the Supplier as part of the Order shall remain vested in the Supplier, and shall not pass to the Customer, until the Contract Price, together with any other moneys payable to the Supplier under the Contract Documents, is paid to the Supplier by the Customer in full.
8.2 Notwithstanding Clause 8.1, risk in the Goods shall pass to the Customer upon delivery of the Goods to the Customer in accordance with Clause 7.1.
9. GUARANTEE
9.1 In accordance with the Australian Consumer Law, the Customer is afforded certain guarantees in relation to the Goods. Nothing in these Terms and Conditions excludes the application of those guarantees. The guarantees are available on the Australian Consumer Law website (www.consumerlaw.gov.au).
10. REFUND POLICY
10.1 The Customer must exercise due care and skill when selecting the Goods for purchase, using its sole and absolute discretion. In accordance with the Refund and Returns Policy, the Supplier is not obliged to offer the Customer a refund of the Contract Price if the Customer changes their mind about purchasing the Goods or makes a wrong selection.
11. TERMINATION
11.1 Without prejudice to any other rights the Supplier may have against the Customer, the Supplier may terminate the agreement made under the Contract Documents at any time upon delivery of written notice to the Customer if the Customer:
(a) fails to pay any part of the Contract Price as required by the Contract Documents; or
(b) is in default of any obligation required to be observed or performed by the Customer under the Contract Documents and fails to remedy that default within seven (7) days of receiving written notice from the Supplier requiring the Customer to do so.
11.2 Upon termination of the agreement under Clause 11.1, the Customer shall pay to the Supplier within seven (7) days of the date of the termination, all or any of the Contract Price that has been claimed by the Supplier but not yet paid. The Supplier may recover any part of the Contract Price payable under this clause from the Customer as a liquidated debt.
11.3 The termination of the whole or any part of the agreement under this Clause 11 shall not affect or limit the entitlement of the Supplier to recover damages for any prior or antecedent breach of the Contract Documents by the Customer.
12. LIMITATION OF LIABILITY
12.1 To the maximum extent permitted by the Australian Consumer Law, the Supplier shall not be liable for, and the Customer indemnifies, releases and forever discharges the Supplier from, any Claims made against, suffered or incurred by the Customer arising directly or indirectly out of, or as a consequence of, or incidental to:
(a) the default of the Customer under the terms of the Contract Documents;
(b) the failure by the Customer to promptly notify the Supplier in writing of any variation in the Order or of any defect whatsoever in relation to the Goods;
(c) the failure by the Customer to inspect the Goods at the time of delivery of the Goods;
(d) any other matter arising under or in connection with the Contract Documents beyond the reasonable control of the Supplier.
12.3 The indemnities contained herein are a continuing obligation separate and independent from the other obligations of the Customer and survives termination of the Contract Documents.
13. GENERAL PROVISIONS
13.1 The Customer must make payment of all GST payable on any Taxable Supply made in accordance with the Contract Documents at the same time and in the same manner as payment of the Contract Price in accordance with Clause 4.1. In this Clause, any expression used that is defined in the A New Tax System (Goods and Services Tax) Act 1999 (as amended) has that defined meaning.
13.2 The Supplier reserves the right to charge interest on any overdue moneys due and payable under the Contract Documents at the rate equal to the Cash Rate Target set by the Reserve Bank of Australia (as at the date the moneys became due and owing) plus 2%. This is a benchmark rate of interest.
13.3 An obligation of two or more persons under the Contract Documents binds them jointly and each of them severally.
13.4 The failure of the Supplier to act in respect of any default or breach of the Customer shall not be or be construed as a waiver of that default or breach. Any waiver by the Supplier must be in writing and if not in writing shall be of no effect.
13.5 If any term of the Contract Documents or the application thereof to any person or circumstances is or becomes invalid or unenforceable, the remaining terms shall not be affected and each term shall be valid and enforceable to the fullest extent permitted by Law.
13.6 The Contract Documents are governed by and are to be construed in accordance with the laws in force in Queensland and are subject to the non-exclusive jurisdiction of the courts of Queensland.
