Terms of Sale
Terms of Sale
These Terms of Sale of Aspects Of Feet (ABN: 96 152 640 819 www.aspectsoffe
Definitions and Inconsistency
1. In these Terms of Sale: "Terms" means these Terms of Sale, "Seller" means Aspects Of Feet (ABN 96 152 640 819), "Customer" means the customer placing an order and any agent or representative of that customer.
2. Placing of an order with the Seller by the Customer for goods indicates acceptance by the Customer of these Terms for the provision of those goods. In the event of any inconsistency between these Terms and any terms and conditions on the Customer's order, the Customer agrees that these Terms shall prevail.
Quotations and Prices
3. Quotations are open for acceptance by the Customer for 30 days from the date of the quotation.
4. All prices quoted are strictly net of all discounts. Any goods and services tax (GST) or other similar government taxes, if applicable, are additional to the quoted price.
5. All orders for Goods shall be deemed to be an offer by the Customer to purchase Goods pursuant to these Conditions listed herein.
Delivery
6. Unless the quoted price is inclusive of delivery to a nominated delivery address, the Customer will be charged for delivery.
Acceptance of the Goods
7. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Customer's acceptance of these Conditions listed herein.
8. If the Customer properly rejects any of the Goods which are not in accordance with the contract the Customer shall nonetheless pay the full price for such goods unless the Customer has promptly given notice of rejection to the Seller and at the Customer's cost returns such Goods to the Seller immediately, or in the case of a Trade Account, before the date when payment of the Price is due.
9. No Goods delivered to the Customer which are in accordance with the contract will be accepted for return without the prior written approval of the Seller on terms to be determined at the absolute discretion of the Seller.
10. If the Seller agrees to accept the Goods referred to in Clause 8 above for return, the Customer shall be liable to pay a handling charge of fifteen per cent of the invoice price. Such Goods must be returned by the Customer carriage paid to the Seller in the original shipping carton.
11. Goods of the description referred to in Clause 8 returned without the prior written approval of the Seller may at the Seller's absolute discretion be returned to the Customer or stored at the Customer's cost without prejudice to any right or remedies the Seller may have.
Payment
12. Unless prior arrangements for credit have been made, payment for goods is due in full before delivery.
13. Payment terms for all credit accounts are as advised to the Customer at the time the credit account is opened; being payment shall be due within 30 days of the invoice date. Any variation to these payment terms must be agreed in writing by the seller.
14. Acceptance by the seller of any late payment by the Customer or the Customer exceeding the credit limit set by the seller shall not amount to a waiver by the seller its right to payment "due within 30 days of the invoice date" or, nor is it an agreement to provide credit other than in accordance with these Terms.
15. The Seller may require the Customer to provide security for payment in a form acceptable to the Seller prior to the supply of goods.
16. The Customer is not entitled to withhold any payment by way of retention unless the terms and conditions of the retention are agreed to in writing by the Seller prior to supply.
17.The Customer must pay the Seller the cost of any bank fees arising from dishonoured cheques paid by the Customer to the Seller, and must also pay an administrative charge and for any legal or other debt collection costs incurred by the Company.
18. The Customer must notify the Seller in writing within7 days of any change in the beneficial ownership of the Customer.
19. The Seller can vary or withdraw any credit arrangements at any time and without any liability whatsoever to the Customer or any party claiming through the Customer.
20. The Seller may charge the Customer interest on overdue amounts at the Reserve Bank of Australia's large business variable indicator rate (Reserve Bank Rate). The effective Reserve Bank Rate will be changed twice yearly as follows: a) Reserve Bank Rate effective 1 April to 30 September =Reserve Bank Rate published for previous February) Reserve Bank Rate effective 1 October to 31 March = Reserve Bank Rate published for previous August. Where interest is charged, it will be calculated monthly on amounts outstanding from the date on which they were due and payable, until the Seller receives full payment of the outstanding amounts.
Risk
21. The Customer will become responsible for loss of or damage to the goods immediately upon delivery of the goods to the nominated delivery address or to a carrier nominated by the Customer or Seller.
Title
22. Goods supplied to the Customer remain the property of the Seller until payment in full is received by the Seller. The Customer acknowledges that until full payment is made, the Customer holds the goods as bailee for the Seller and that a fiduciary relationship exists between the Customer and the Seller.
23. Until payment is made, the Customer shall hold the goods in such a manner that they are clearly identifiable as the property of the Seller's. The Customer acknowledges that if it sells any of the Seller's goods, it sells the goods as a fiduciary agent of the Seller provided that such sales shall not give rise to any obligations on the part of the Seller.
Dispute
24.If the Customer believes that the goods supplied do not conform with the order placed or that the price charged does not conform with the quotation given by the Seller, the Customer shall notify the Seller in writing as soon as practicable, detailing the way in which the goods or price do not conform.
25. Failure to give such notification within seven days of the date of supply or date of invoice (as applicable) shall raise the inference against the Customer that the goods are in accordance with the order and quotation.
26. The Customer shall be deemed to have accepted the goods as supplied if it fails to keep the goods in the condition they were in when supplied or declines a reasonable request from the Seller to inspect the goods.
27. The Customer may not withhold payment of any invoice or other amount due to the seller by reason of any right of set-off or counterclaim which the Buyer may have or allege to have or for any reason whatever.
Warranties
28. The Seller warrants that the goods delivered are those specified in the delivery docket and the goods delivered are free from defects in material and workmanship except such defects as are normally regarded as being commercially acceptable.
29. All other warranties which would be imported into these Terms by statute are negated except to the extent that such negation is specifically forbidden by statute. Limitation of Liability for Breach of a Condition or Warranty
30. Pursuant to section 68A of the Trade Practices Act 1974 the following clause applies in respect of any of the goods supplied under this contract which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, provided that this clause will not apply if the Customer establishes that reliance on it would not be fair and reasonable.
31. The Seller's liability in respect of breaches of expressor implied conditions and warranties, other than the warranty as to title, is limited to any one of the following as determined by the Seller: the replacement of the goods or the supply of equivalent goods; or the repair of the goods; or the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired. The Seller will not be liable for any damage arising out of or in connection with, special, consequential, direct or indirect loss, damage, harm or injury suffered or incurred as a result of such a breach unless such liability is imposed on the Seller by the Trade Practices Act 1974.34.In addition to Trade Practices Act 1974, the limitations of the Seller's liability in respect of breaches of express or implied conditions and warranties as expressed in the previous clause shall be varied to the extent required to also limit the Seller's liability to the extent permitted by relevant State and Territory legislation covering sale of goods and consumer protection.
Termination and Suspension
32.If the Seller is not satisfied as to the Customer's ability to pay for the goods and/or services, it may suspend or terminate supply and shall not be liable in any way for any claim, damage, expense or cost arising there from and all monies then outstanding by the Customer shall immediately become due and payable.
Agreement
33.These Terms, the quotation (if any) and any other documents specified in the quotation, form the agreement between the Seller and the Customer and any variations, alterations or additions must be acknowledged in writing by the Seller.
28. The Seller may make partial deliveries of the goods ordered and invoice the deliveries separately. The supply of goods in more than one delivery shall be subject to separate agreements for the sale of each delivery.
Severance
34. In the event that it is held that one or more of these Terms are not enforceable, the remaining Terms shall apply.
Force Majeure
35. Unless otherwise stated in the quotation, penalties for time delays by the Seller will not apply. In the event that there is failure to deliver or any time delay in delivery, due to weather, fire, labour dispute, strike or other cause whatsoever beyond the Seller's control or due to the inability of the Seller to obtain products from the source expected by the Seller: a)The Company will not be liable for any loss or damage sustained by the Customer or by any other person by reason of any such delay or failure, and b) the Seller will be entitled to suspend deliveries for such period as it may think fit or terminate the agreement immediately after suspending deliveries and shall not be liable for any loss or damage sustained by the Customer or by any other person by reason of such suspension or termination.
Privacy Policy
36. Personal information provided by the Customer to the Seller may be disclosed elsewhere within the Seller. The Seller will use this information to manage its business dealings with the Customer, for example:-to provide the Customer with the products the Customer has requested; -to assess the Customer's credit worthiness, where relevant; -to manage the Customer's payments or accounts; -to inform the Customer of the Seller's products including by electronic means; -to comply with the the Seller's legal obligations, and may supply the Customer's information to contractors and advisers that help the Company to do this.
Individuals may access personal information held by the Seller about them, subject to the Federal Privacy Act.