Signed in as:
filler@godaddy.com
Signed in as:
filler@godaddy.com
TERMS AND CONDITIONS OF SALE
1. In these Terms:
“Company” means Whiskey River Accessories.
“Customer” means the purchaser of Goods from the Company.
“Goods” means all goods sold and/or delivered by the Company to the Customer.
“Terms” means these terms and conditions of sale.
2. Application
a. These Terms apply to all contracts for the sale of Goods by the Company.
b. No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by the Company in writing.
c. The Customer acknowledges that no employee or agent of the Company has any right to make any representation, warranty or promise in relation to the Goods or the sale of the Goods other than as contained in these Terms.
3. Prices
Prices are determined at the time of order and, prior to payment of the deposit, are subject to change without notice.
4. Payment
a. Payments are to be made to the Company without any deduction or discount other than as stated in these Terms or in the relevant invoice or statement.
b. A deposit of 50% of the invoice price must be paid when placing a custom order.
c. Where Goods are ordered with fabrics elected by the Customer, the fabric must be paid for in full at the time the deposit is paid.
d. The balance of the invoice price must be paid in full before delivery.
e. Interest is payable on all overdue accounts calculated on a daily basis of 1.5% per month as from the date due for payment until payment is received by the Company.
f. Legal and beneficial ownership of the Goods will not pass to the Customer until such time as the Goods have been paid in full in cash or cleared funds.
g. All products are in Australian Dollars (AUD) and subject to GST (Goods and Services Tax).
5. Delivery
a. Delivery will be attempted to be dispatched within 24-48 hours after payment received. Customer will be supplied with a tracking number and it is the customers responsibility to notify us if delivery is not received so we can make enquires via Australia Post.
b. The Customer must, within 5 days of being notified of their availability, collect or accept delivery of the Goods and pay the balance of the invoice price.
c. If the Customer fails to collect the Goods or accept delivery within 21 days of being notified of their availability, the Company may terminate this contract, keep the deposit and resell the Goods.
d. Backorders will be accepted and the customer will be advised of the approximate timeframe for delivery.
7. Risk and Insurance
a. The Goods are entirely at the risk of the Customer from the moment of delivery to the Customer’s point of delivery or on collection, even though title in the Goods has not passed to the Customer at that time.
b. The Customer must, at its own expense, maintain the Goods and insure them for the benefit of the Company against theft, breakdown, fire, water and other risks as from the moment of delivery to the Customer and until title in the Goods has passed to the Customer.
8. Inspection / Return
Unless the Customer has inspected the Goods and given written notice to the Company within 7 days after collection or delivery that the Goods do not comply with the relevant specifications or descriptions, the Goods are deemed to have been accepted in good order and condition. If goods do not comply with specifications once Customer has advised Company by written notice they have a further 7 days to return Goods in original condition.
9. Cancellations
No order may be cancelled, modified or deferred without the prior written consent of the Company (which is at the Company’s sole discretion). If such consent is given it is, at the Company’s election, subject to the Company being reimbursed all losses, including loss of profits, and paid a cancellation fee (being not less than 20% of the invoice price of the Goods).
10. Warranty
a. All Goods supplied are covered by such warranties as respecified by the manufacturer and supplied subject to the product standards detailed by the manufacturer.
b. On discovery of any defect in the Goods, the Customer must immediately notify the Company in writing of such defect. The Customer must not carry out any remedial work to alleged defective Goods without first obtaining the written consent of the Company to do so.
d. The provisions of any act or law (including but not limited to the Trade Practices Act 1974) implying terms, conditions and warranties, or any other terms, conditions and warranties which might otherwise apply to or arise out of the Contract are hereby expressly negatived and excluded to the full extent permitted by law.
The Customer expressly acknowledges and agrees that it has not relied upon, and the Company is not liable for any advice given by the Company, its employees, agents or representatives in relation to the suitability for any purpose of the Goods.
11. Display and Samples
Any display product or sample inspected by the Customer is solely for the Customer’s convenience and does not constitute a sale by sample.
12. Contract
The terms of the Contract are wholly contained in these Terms and any other writing signed by both parties. The Contract is deemed to have been made at the Company’s place of business where an order was placed and any cause of action is deemed to have arisen there.
13. Right to Enter Premises
In any of the circumstances referred to in clause 14, the Customer:
1. (a) authorises the Company by itself, its agents or representatives at all reasonable times,
without notice, to enter onto (with force if reasonably necessary) and to remain in and on any premises where the Goods are located in order to collect the Goods, without being guilty of any manner of trespass; and
2. (b) assigns to the Company all the Customer’s rights to enter onto and remain in and on such premises until all the Goods have been collected.
14. Force Majeure
The Company will not be liable for any breach of contract due to any matter or thing beyond the Company’s control (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention or public authority, explosion or accident.
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