Unless the context indicates otherwise:-
“the Company” means Australian Volleyball Warehouse under the ABN 34 110 537 518.
• “the Customer” means the person to whom the contract is addressed.
• “Delivery” takes place on the date of dispatch of the Goods to the Customer.
• “The Goods” means sporting accessories, clothing, equipment and associated products sold by the Company
2.PURCHASE PRICE VARIATION
• Prices are strictly nett of all GST, customs or excise duties and other changes or fees levied in respect of the sale or delivery of the Goods unless otherwise stated.
• Where any taxes, duties or other charges or fees are levied or imposed on the Company the amount will be added to the price payable by the Customer.
• Prices are FOB the Company’s nominated sales office unless otherwise stated.
• Specifications and information received after the Customer’s receipt of the quotation and/or the Company’s receipt of the confirmation order, that were not referred to in the company’s quotation, may be subject to price variation.
3. OFFER AND ACCEPTANCE
• All verbal and telephone orders must be accompanied by written confirmation. Production or delivery errors as a result of verbal orders will be charged to the Customer.
• The Company reserves the right to accept in whole or in part or reject any order submitted by the Customer.
• Following acceptance by the Company, orders are not subject to cancellation or modification except upon approval by the Company and may be subject to cancellation charges as determined by the Company.
• The Company may offer discounts by such amounts and on such terms as it determines from time to time.
• Discounts are given at the discretion of the Company. If there are any outstanding debts beyond the agreed terms, any further transactions allowed will be nett.
5. TERMS OF PAYMENT
• Unless credit has been approved by the Company, the Customer will make full payment:-
• In cash upon delivery of standard Goods: or
• When placing its order for special or non-standard Goods.
• Upon settlement, Goods will be dispatched without delay. Ten (10) days should be allowed for clearance of cheques.
• Customers submitting Return to Drawer cheques will thereafter be treated as nett cash Customers at the discretion of the Company.
• Interest on all overdue payments will be levied at the company’s current overdraft rates.
• Time for delivery of the Goods shall not be regarded as being of the essence.
• Under no circumstances may the Customer deny a signature evidencing receipt of Goods by it.
• No Goods will be returned by the Customer without written approval of the Company.
• All unapproved returns will be refused and returned to the Customer at its expense.
• The Company warrants that each of the Goods will be free from defects in materials and workmanship for a period of three (3) months after the Delivery.
• The Company shall repair or replace, at its absolute discretion any of the Goods determined by the Company to be defective during the warranty period. This is the Customer’s sole and exclusive remedy for Goods which do not meet this warranty. The Customer must notify the Company in writing of the claimed defect promptly after its detection and in no even later than seven (7) days after the expiry of the warranty period.
• The Company will have no responsibility for damage caused to the Goods:-
• During transit, handling or installation: or
• By unintended use or abuse or improper storage,
• Installation, maintenance, operation or repairs by the Customer or by any other person not under the Company’s supervision.
• Any advice, recommendation, information or representation provided by the Company as to the quality or performance of the Goods or their suitability for a particular purpose is given in good faith but without any liability or responsibility.
• The Customer acknowledges that it has not relied upon or been induces by any representation by the Company not expressly set out in these conditions.
10. PROPERTY AND RISKS
• Risk of loss, damage or deterioration of the Goods passes to the Customer upon delivery.
• Goods supplied to the Customer by the Company shall remain the sole and absolute property of the Company as legal and equitable owner until the purchase price of the Goods has been paid to the Company.
• Until the Goods supplied are paid in full:-
• The Customer acknowledges that it is in possession of the Goods solely as bailee for the Company.
• The Customer shall store the Goods separately form its own Goods or those of any other person, in a manner which renders them clearly identifiable as the Goods of the Company.
• The Company (without prejudice to any of its other rights) without previous notice may retake and resume possession of Goods which remain the property of the Company and by it’s the Customers premises or any other place where the Goods may be for that purpose upon the occurrence of one of the following events:-(where the Customer is a corporation) the Customer be wound up or is placed under official management or a receiver is appointed or an encumbrancer takes possession of its undertaking or property or any part thereof: or (where the customer is a natural person) the Customer becomes insolvent or bankrupt or commits any act of bankruptcy or assignment of the benefit or a creditor: or:
• The Customer fails to pay the whole or any part of the purchase price or delivery or other charges for the Goods supplied hereunder or any other Goods or services supplied to the Customer by the Company when due; or
• The Customer parts with possession of the Goods otherwise than by way of sale in the ordinary course of the Customer’s business: or
• Any other terms or conditions between the Company and the Customer are breached by the Customer.
• The Company shall be under no liability for injury, loss or damage of whatsoever kind or howsoever caused or by anything done or omitted to be done in connection with the Goods.
• The Customer shall not have any claim of any nature whatsoever against the Company for any failure by the Company to carry out any of its obligations as a result of a force majeure.
12. LIMITATION OR LIABILITY
• Notwithstanding anything to the contrary herein contained:-
• The Customer accepts all risk and responsibility for the performance of the Goods being sufficient and suitable for its purpose.
• The Company shall not be liable for any consequential damages or loss of whatsoever nature in any circumstances.
• The Company shall not be liabel for any loss suffered by the Customer or for the damage to the Goods subsequent to Delivery.
13. ENTIRE CONTRACT
• The Contract constitutes the entire agreement between the Company and the Customer and supersedes and novates all offers, tenders and quotations. The Customer acknowledges that it has not been induced to enter into this agreement by any representations whatsoever made by or on behalf of the Company.
• All notices that may be given pursuant to the Contract shall be deemed to have been received:-
• If posted by prepaid post two (2) days after the date of posting:
• If delivered by hand, on the date of delivery;
• If sent by facsimile transmission, on recept by the sender of the Activity Report as to the successful transmission.
• Each clause in this Contract is severable the one from the other and if any clause is found to be defective or unenforceable for any reason by the competent court, the remaining shall be of full force and effect.