1. Orders: All orders for goods must be in writing. The Company reserves the right to accept or reject any order in whole or in part for any reason, including without limitation the unavailability of any goods.
2. Payment: Payment for goods supplied must be made prior to delivery.
3. Price: Prices quoted are exclusive of GST, which when applicable will be charged to the Customer. Prices quoted shall be subject to variation at the election of the Company at any time on providing notice to the Customer.
4. Delivery: Unless otherwise agreed in writing, the Company will arrange delivery of the goods to a metropolitan destination of a capital city within Australia nominated by the Customer and the Customer must pay the delivery charges (if applicable) in accordance with the payment terms set out above. The Company makes no warranty as to time of delivery or the availability of goods and the Customer acknowledges that the Company will not be held liable for any loss or damage (including consequential loss or damage) arising from delay in delivery or for non-delivery. The Company may deliver goods in part with written notice to the Customer. If goods are delivered in part pursuant to such notice, the Customer must accept the part-delivery and pay the percentage of the purchase price represented by the goods delivered.
5. Rejection: The Customer must give the Company written notice within 5 business days of receipt of the goods of any non-conformity to the description of the goods (other than promotional goods), otherwise the Customer will be deemed to have accepted the delivered goods. The Customer waives any right to reject or revoke acceptance after such time. The Company may at its discretion give the Customer a credit for any shortages or damaged goods, which in the opinion of the Company have not been damaged as a result of an insurable occurrence in relation to the Customer or an act or omission on the part of the Customer, or its officers, agents, employees or subcontractors. The Customer must follow the directions of the Company with respect to the isolation or other treatment of non-conforming goods.
6. Risk: Unless otherwise agreed in writing, the risk in the goods purchased shall pass to the Customer upon delivery to the Customer or its agent or a carrier commissioned by the Customer
7. Warranty: The Company warrants that the goods supplied shall be of merchantable quality. To the maximum extent permitted by law the Company excludes all other terms, conditions, warranties and liability in relation to the goods supplied, including without limitation, warranties relating to fitness for purpose, title, defects or conformity of the goods . To the extent that the Company cannot exclude liability at law, the Company's liability shall be limited to the maximum extent permitted by law to (at the Company’s election) the resupply of the goods, repair of the goods, refund of the purchase price or payment of the cost of repair of the goods.
8. Indemnity and Release: To the maximum extent permitted by law, the Customer releases and discharges the Company from all liability whether in contract, tort or otherwise for any loss, damage (including consequential loss or damage), expense of any kind arising directly or indirectly out of the supply of the goods. The Customer indemnifies and keeps indemnified the Company against any liability, loss, damage, expense, cost, claim or proceedings arising directly or indirectly out of or in connection with the supply of the goods or any other cause whatsoever.
9. Force Majeure: The Company shall not be liable for any failure or delay to supply the goods due to a cause beyond its control including but not limited to acts of God, strikes, lock-outs or other industrial disturbances, fire, flood, explosion, civil riot, government interference and the like.
10. Jurisdiction: This agreement shall be governed by and construed in accordance with the laws of the state of South Australia and, where applicable, the Commonwealth of Australia, and the Customer submits to the non-exclusive jurisdiction of the courts of South Australia.
11. General: The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of the remaining provisions. Clerical errors are subject to correction and do not bind the Company. Headings are for ease of reference only and do not form part, or affect the interpretation, of these Terms and Conditions.