These Terms and Conditions ("Terms") apply to the sale of goods by [Your Business Name] ("Seller") to you ("Buyer"). By placing an order with the Seller, you agree to be bound by these Terms. These Terms apply to both Business-to-Business ("B2B") and Business-to-Consumer ("B2C") sales, as defined by the Australian Consumer Law ("ACL").
Information
The Seller endeavours to ensure that all information provided on its website and in its marketing materials is accurate. However, the Seller does not guarantee the accuracy of any information, including but not limited to, product descriptions, specifications, and pricing. The Buyer acknowledges that they are responsible for conducting their own due diligence before making a purchase.
Returns and Cancellations
For B2B sales, the Seller does not accept returns or cancellations of orders unless the goods are defective or do not comply with the description provided on the Seller's website.
For B2C sales, the Buyer may be entitled to return goods or cancel an order under the ACL, including where the goods are faulty, or do not match the description.
In the case of defective or non-compliant goods, the Buyer must notify the Seller within 7 days of receipt of the goods. The Buyer will then arrange for the return of the goods and the Seller will issue a full refund or replacement, at the Seller's discretion, in accordance with the ACL.
Authorised returns must be freight prepaid and will only be accepted if they are in a saleable condition and the goods are returned within 14 days of supply.
Warranty & Liability
The Seller's liability for any loss or damage arising in connection with the sale of goods is limited to the cost of the goods. The Seller excludes all other forms of liability, including but not limited to, indirect, consequential, and special damages, to the full extent permitted by law.
The Seller makes no express warranties or representations in respect of any goods or services supplied to the Buyer under these Conditions. Manufacturers of goods may, from time to time, provide a voluntary warranty directly to the Buyer in relation to goods supplied to the Buyer.
Where goods are purchased from the Seller by the Buyer as a Consumer:
the Australian Consumer Law provides certain statutory guarantees in relation to the goods; and
nothing in these Conditions purports to modify or exclude such guarantees.
To the extent permitted by statute, the liability, if any, of the Seller arising from the breach of any statutory guarantee under the Australian Consumer Law in relation to the supply of goods or services, other than goods of a kind ordinarily acquired for personal, domestic or household use or consumption, shall at the Seller's option be limited to:
the replacement of the goods or the supply of equivalent goods;
the repair of the goods;
the reimbursement of the cost of the repair of the goods; and
the payment of the cost for the repair of the goods.
To the extent permitted by statute, neither party shall be liable to the other in connection with a Contract for or in respect of any Excluded Loss.
Subject clauses 4b to 4d, and except in the case of fraud or wilful misconduct of the Seller, Seller’s aggregate liability to Buyer in connection with any Contract for the supply of goods or services under these Conditions, howsoever arising, whether in contract, in tort (including but not limited to negligence), in equity, under any warranties or indemnities, by operation of statute or otherwise, will, to the extent permitted by law, be limited as follows:
for liability arising in connection with events or circumstances in respect of which the Seller is indemnified under a policy of insurance required to be taken out under these Conditions, the Seller’s liability will be limited to the amount which is recovered by the Seller under that policy (or should have recovered had it complied with the relevant policy) and in all circumstances will not exceed the amount that is the specified limit for that policy of insurance required to be taken out by the Seller under these Conditions;
for all liability in respect of which the Seller is not indemnified under a policy of insurance required to be taken out under these Conditions, Seller’s liability will be limited to an amount equal to the Purchase Price for the goods under that purchase order Contract.
To the extent permitted by statute, including the Australian Consumer Law, Seller will not be responsible for any damage or loss caused to goods which have been serviced or repaired by unauthorised persons.
At all times, a party’s liability under a Contract or otherwise, shall be reduced proportionately to the extent that any act or omission of the other party, its personnel or any other third party caused or contributed to such loss or liability.
Product and Performance Data
To the extent permitted by law, and unless otherwise agreed, any performance data provided by the Seller which is sourced from a supplier of the Seller or a manufacturer is an estimate only and is passed on by the Seller in good faith, but the Seller has not independently verified the accuracy or completeness of such performance data. The Buyer should exercise reasonable care in relying on such performance data.
Unless agreed to the contrary in writing, the Seller reserves the right to offer an alternative brand or substitute product that has characteristics that are materially consistent with the goods offered when necessary. Substitution will not be given effect to until approval is received from the Buyer.
Changes to Terms and Conditions
The Seller reserves the right to change these Terms at any time and from time to time. Any changes will be posted on the Seller's website and will be effective immediately upon posting.
Any variation to these Conditions will not apply to any:
orders placed not yet fulfilled prior to the date of such variation taking effect; or
contract for a specified term that incorporates a version of these Conditions released prior to the variation.
Acceptance of Terms
By placing an order with the Seller, the Buyer acknowledges that they have read and understood these Terms and agree to be bound by them.
Force Majeure
The Seller will not be liable for any delay or failure to perform its obligations under these Terms due to any cause beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, lockdowns, or government regulations.
Installation
Sales are based solely on the supply of products and do not include installation or any other works. The Buyer is responsible for arranging and paying for any required installation or works.
Suspension, Cancellation and Discontinuance of Supply
The Seller reserves the right to suspend, cancel or discontinue the supply of any product at any time without notice.
Passing of Property and Risk
Risk of loss or damage to the goods passes to the Buyer upon collection of the goods from the Seller's premises or upon delivery to the Buyer's nominated address, whichever occurs first.
Property in the goods passes to the Buyer upon the Buyer paying for the goods in full.
GST
The price of the goods includes GST (Goods and Services Tax). A tax invoice will be issued for each purchase.
Contingencies
Any charge, duty, impost, sales tax or other expenditure which is not applicable at the date of Quotation or Sales Invoice but which is subsequently levied upon the Seller in relation to a Quotation or Sales Invoice as a result of the introduction of any legislation, regulation or governmental policy, shall be to the Buyer's account.
Delivery, Inspection and Acceptance
The Buyer is responsible for inspecting the goods upon delivery. The goods will be deemed to have been inspected and accepted by the Buyer after 7 days of delivery.
Delivery is accepted between the hours of 6am and 6pm.
Delivery dates are estimates only and are not guaranteed. The Seller will use reasonable efforts to deliver the goods within the estimated timeframe, but will not be liable for any delays in delivery.
Terms of Payment
Payment for orders placed via the Seller's website must be made in full at the time of checkout.
Vienna Sales Convention
To the fullest extent permitted by law, the United Nations Convention on Contracts for the International Sale of Goods (Vienna 1980) known as the Vienna Sales Convention does not apply to the Contract incorporating these Conditions nor do any of the conditions express or implied by the Vienna Sales Convention form part of any Contract.
Governing Law
These Conditions and any Contract including them shall be governed by and construed in accordance with the laws of the State of New South Wales and the Seller and the Buyer submit to the non-exclusive jurisdiction of the Courts of New South Wales.
