The following terms and conditions of sale will apply to the sale of goods ("goods") by the Seller to the Buyer. These terms and conditions of sale replace any previous terms and conditions of sale.
a) "Buyer" means a person, company, or other entity whose order for the purchase of goods is accepted by the Seller.
b) "Seller" means "sandalesaddlery.com.au" or any of its associated companies.
c) The headings used do not form part of the terms and conditions and are for illustrative purposes only.
d) Where the context permits or requires words inserted, the singular number will include the plural number, those denoting a given gender will include all other genders and those denoting natural persons will include corporations.
2. GENERAL a) Unless otherwise agreed in writing by the Seller, any terms and conditions of the Buyer's order deviating from or inconsistent with these terms and conditions are expressly precluded by the Seller as are any variations to these terms and conditions not expressly agreed to in writing by the Seller.
b) No contract for the supply of goods will exist between the Seller and the Buyer until a Buyer's order for goods has been accepted by the Seller (such acceptance of Buyer's orders will be made and communicated by the Seller in the form of an invoice). The Seller may accept or refuse any order for goods at its absolute discretion and may make its acceptance of an order conditional upon receiving a satisfactory credit assessment of the Buyer.
c) The Seller may vary these terms and conditions by notice in writing to the Buyer. The Buyer agrees that the purchase of any goods after the date of a notice of variation will be deemed to be an acceptance of such varied terms and conditions.
a) The Buyer will rely on its own knowledge and judgment in determining the suitability of and selection of goods for any particular purpose. Any advice, recommendation or assistance given by or on behalf of the Seller will be accepted at the Buyer's risk and will not be deemed to have been given as an expert or adviser not to have been relied upon.
b) Goods are sold subject to each and every manufacturer's trading terms and conditions and are protected by each and every manufacturer's warranty and the Seller will not be liable to the extent that the manufacturer is liable under a manufacturer's warranty unless otherwise required by law; and
c) The Seller will not be liable nor responsible for any failure to comply with any requirements of the Buyer or any other person (whether relating to manufacture, design, fabrication, installation and/or any other particular intended use of any goods and/or otherwise) which are not precisely and accurately communicated in writing directly to the Seller prior to the entry by Seller into any relevant sale contract.
4. LIMITATION OF LIABILITY
a) The Buyer agrees to limit any claim it makes to the cost of replacement of goods or of acquiring equivalent products;
b) Subject to clause 9, the Seller will not be liable for any loss or expense arising after fourteen days from delivery (or at all, once goods have been unpacked, affixed and/or otherwise used or applied) after which there will be deemed to be unqualified acceptance;
c) That to the fullest extent legally permissible no other term, condition, agreement, warranty, representation and/or understanding whether express or implied, in any way extending to, otherwise relating to or binding upon the Seller other than these terms is made or given by or on behalf of the Seller other than by these terms save and except to the extent otherwise required by law.
5. PRICING/PAYMENT a) Notwithstanding any prior acknowledgment by the Seller of the price of goods, the prices specified for goods may at the Seller's discretion be subject to alteration to reflect the Seller's prices and charges in effect at the time of delivery.
b) Any variations in the invoice or contract price as a consequence of currency fluctuations, taxes, customs duty or other imposts will be to the Buyer's account.
c) The Seller will be entitled to set off against any money owing to the Buyer amounts owed to the Seller by the Buyer on any account whatsoever. However the Buyer will not set off any amounts allegedly owing by the Seller to it against any amount due by it to the Seller.
d) Unless otherwise agreed to by the Seller, the only accepted means of payment is by credit card without any deduction.
a) The Seller will not accept any responsibility or duty to deliver but upon request of the Buyer may elect to arrange delivery at its discretion and without liability and at the Buyer's cost and risk in all things.
b) Goods will be delivered or deemed to be delivered, when they are delivered to the delivery place nominated by the Buyer.
c) The Buyer will pay to the Seller packing and delivery charges in accordance with the Seller's current rates as at the date of dispatch. If there is no current rate, then a reasonable delivery charge will be paid by the Buyer.
d) The Buyer authorizes the Seller to deliver goods to the place nominated by the Buyer and to leave the goods at such place whether or not any person is present to accept delivery. The Seller will not be liable on any basis whatsoever for loss suffered by the Buyer after delivery to the nominated delivery place.
e) Times quoted for delivery are estimates only and the Seller will not be liable to the Buyer for any failure or inability to deliver or for delay in delivery of goods whatsoever whether or not beyond the control of the Seller.
f) The Buyer will not be relieved of any obligation to accept or pay for goods by reason of any delay in delivery.
7. PROPERTY AND RISK
a) The goods will be at the sole risk of the Buyer as soon as they are dispatched from the Seller's premises.
b) Property in and title to the goods will not pass to the Buyer until those goods and all other amounts owed to the Seller by the Buyer have been paid for in full.
8. SPECIAL ORDERS AND SPECIFICATIONS IN GENERAL
The Buyer warrants to the Seller that all drawings and specifications and other design information provided to the Seller for the manufacture of special orders are accurate and correct in all respects and do not infringe upon the intellectual property rights of any third party including any copyright, patents, designs or trademarks of a third party.
9. RETURN OF GOODS
a) Subject to clauses 6 (d) and 10, the Seller will only accept the return of goods on the conditions set out in this clause 9;
b) The Buyer must not return goods to the Seller without the Seller's prior consent;
c) The Seller will consider the return of goods within fourteen (14) days of the receipt of such goods by the Buyer and may provide a credit against such returns to the Buyer if the goods:-
(i) do not comply with the quantity or description of the Buyer's purchase order ;or
(ii) are not of acceptable quality as defined in the Competition and Consumer Act 2010; and provided that the Buyer has inspected the goods and notified the Seller within 48 hours or any later time as deemed reasonable by the Seller.
d) The Buyer must then give written notice to the Seller of a request for a credit which details all alleged non-compliances. This request must also specify the original invoice number in respect of the goods as proof of their purchase and the Seller is then satisfied as to the accuracy of the claim in that notice;
e) The Seller will accept the return of goods and provide the Buyer with a credit for them where the reason for their return is Buyer error in:
(i) ordering the type/style/model of the goods; or
(ii) selection of the goods for their suitability to applications; or
(iii) the quantity of the goods ordered, provided that the goods:
(iv) are returned to the Seller by the Buyer within 14 days of the delivery date; and
(v) a copy of the Return Authority from the Seller accompanies the goods
(vi) the request for return of the goods specifies the original invoice number in respect of those goods; and
(vii) the Buyer pays the Seller a minimum restocking fee of 15% of the credit claim for the goods to be returned;
f) The Buyer is not entitled to return any goods pursuant to this clause 9 which have been custom made, custom cut, custom processed or custom acquired for the Buyer or where the goods are not in brand new or unused condition with undamaged packaging as at the date of their proposed return or where the goods have been damaged due to installation contrary to manufacturer's instructions;
g) The Seller will accept the return of defective goods and arrange for the repair or replacement of such goods in accordance with the manufacturer's conditions of warranty.
10. CLAIMS UPON Seller
a) Subject to clause 6(d), all claims for the Seller's failure to comply with the Buyer's order whether due to shortfall, incorrect delivery or otherwise must be made by giving written notice to the Seller within five (5) days from the date of delivery. If the Buyer fails to provide such notice then the Buyer will be deemed to have accepted the goods.
b) These conditions will not exclude, or limit the application of any provision of any statute including any guarantee, implied condition or warranty, the exclusion of which would contravene any statute (including the Competition and Consumer Act 2010) or cause any part of this clause 10 to be void. To the extent permitted by law all conditions, warranties and undertakings are expressly excluded.
c) Unless the goods supplied by the Seller are of a kind ordinarily acquired for domestic household or personal use or consumption, the Seller's liability under clause 10 (b) for breach of a non-excludable condition or warranty is limited, at the Seller's option, to any one of the following:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of providing replacement goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired.
d) Subject to clause 10(b) the Seller will not be liable for any direct or indirect loss whatsoever, including consequential loss, loss of profits, loss of opportunity or loss of use.
Save and except as required by law no warranty is given where the Seller is not the manufacturer of goods other than the warranty offered by the manufacturer and to the fullest extent legally permissible the Seller's liability will in all cases be strictly limited in accordance with clauses 3 &4 of these terms and conditions.
Notices to be given to the Buyer by the Seller will be sent by email to the Buyer's last known email address and deemed to have been received by the Buyer if no indication to the contrary is received.
In the event that the whole or any part or parts of any provisions in this agreement should be held to be void or unenforceable in whole or in part, such provision or part thereof will to that extent be severed from these terms and conditions but the validity and enforceability of the remainder of these terms and conditions will not be affected.