1. In these conditions (Sales Conditions):
2. These Sales Conditions are the only conditions upon which the Seller will accept orders for Goods and Services and can only be waived in writing signed by the Seller.
3. All orders for Goods and Services:
4. Any description of Goods or Services in any document or literature created by the Seller is for identification only. Such description does not make an order a contract for the sale of goods or services by description.
5. Any sample of Goods provided by the Seller to the Buyer is provided as an example only. Such sample does not make an order a contract for the sale of goods by sample
6. All specifications, drawings, particulars of weights and dimensions relating to Goods ordered are approximate only. Any deviation from such things does not invalidate any contract with the Seller or form grounds for any claim against the Seller. If Seller provides measurements and measurements are correct to what was delivered to Buyer, but do not not suit Buyer, liability sits with Seller as the person measuring for product, If Buyer provides measurements and measurements don't suit, Buyer excepts liability and all costs associated with returning and purchasing new products.
7. The Buyer acknowledges that variations in the specifications, materials and/or source of Goods may occur from time to time. The Buyer agrees to accept the Goods as varied, irrespective of whether the Buyer was notified before delivery of such varied Goods.
8. No order may be cancelled except with the consent in writing of the Seller and on terms which will indemnify the Seller against all losses incurred by the Seller as a result of such cancellation.
9. The Buyer will pay the price for Goods and Services ordered in accordance with the prices shown on the Invoice relating to such order.
10. The Seller reserves the right to adjust the prices of Goods and Services to account for any fluctuations in prices occurring between the time the Buyer places an order for Goods and Services and the time at which the Invoice is issued.
11. Where specifications, drawings or other particulars relating to Goods are supplied by the Buyer, the price of such Goods (other than the price specified in an Invoice) is an estimate only. If there are any adjustments to price required by the Seller resulting from specifications, drawings or other particulars relating to Goods are supplied by the Buyer, then any such adjustments will be made prior to or at the time an Invoice is issued.
12. Unless otherwise stated all prices quoted by the Seller are net, exclusive of Goods and Services Tax (GST).
13. Payment of the price of the Goods and Services plus GST must be made immediately following an order for Goods and Services unless other payment terms are agreed to in writing.
14. Unless agreed with the Buyer in writing, the Seller has discretion over what form of transport and which carrier to use to deliver the Goods to the Buyer.
15. All freight charges, insurance costs and other costs for transporting Goods to the Buyer will be met by the Buyer.
16. Any delivery times advised to the Buyer by the Seller are estimates only.
19. The Seller is not responsible to the Buyer or any person claiming through the Buyer for any loss or damage to Goods caused in transit by any event of any kind by any person (whether or not the Seller is legally responsible for the person who caused or contributed to that loss or damage).
20. The Seller must provide the Buyer with such assistance as may be necessary to press claims on carriers so long as the Buyer:
21. All claims for transport damage are required to be reported to us within 48 hours of receipt of goods.
21. Any indications of performance expressed by the Seller in relation to Goods or Services are estimates only. The Seller is under no liability for damages for failure of the Goods to attain such levels of performance unless specifically guaranteed in writing. Any written guarantees are subject to the reasonable tolerances applicable to such Goods or Services.
22. If the Goods are not manufactured by the Seller the Buyer accepts that any claims in relation to the Goods are limited by the warranty of the manufacturer. The Seller's liability for Goods is otherwise limited to making good any defects in the Goods by repairing the defects or at the Seller's option by replacement, within a period not exceeding twelve (12) months after the Goods have been dispatched so long as:
23. Unless its inclusion is mandated by law and except as provided in these Sales Conditions, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the Goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded. In particular, none of the Sale of Goods (Vienna Convention) Act 1986 (VIC) or any of its other State or Territorial equivalents, or the United Nations Convention on Contracts for the International Sale of Goods apply to sales contemplated under these Sale Conditions.
24. The seller is not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, installation or operation of the Goods or arising out of the Seller's negligence or in any way whatsoever.
25. The seller's liability for a breach of a condition or warranty implied by the Australian Consumer Law or any other law relating to the sale of goods or provision of services is limited to:
26. All title in the Goods remains with the Seller until the Seller has been paid in full for the Goods. While the Goods remain the property of the Seller, the Buyer agrees that it:
27. All risk of loss or damage to the Goods passes to the Buyer from the time that the Goods are handed over by the Seller to the first carrier for transport to the Buyer.
28. Any question of ownership arising in relation to the Goods shall be resolved in favour of the Seller unless established otherwise by the Buyer.
Returns - Refer to Refunds and Returns Policy
29. The contract for sale of the Goods is made in the State of Victoria, Australia. The parties submit all disputes arising between them to the courts of that State and any courts of appeal from them.