Cancellation

• Without prejudice to any other remedies the parties may have, if at any time either party is in breach of any obligation (including those relating to payment) under these terms and conditions (“the Breaching Party”) the other party may suspend or terminate the supply or purchase of Goods and/or Services to the other party, with immediate effect, by providing the Breaching Party with written notice. Neither party will be liable for any loss or damage the other party suffers because one of the parties has exercised its rights under this clause.
• If the Supplier, due to reasons beyond the Supplier’s reasonable control, is unable to deliver any Goods and/or Services to the Client, the Supplier may cancel any Contract to which these terms and conditions apply or cancel Delivery of Goods and/or Services at any time before the Goods and/or Services are delivered by giving written notice to the Client. On giving such notice the Supplier shall repay to the Client any money paid by the Client for the Goods and/or Services. The Supplier shall not be liable for any loss or damage whatsoever arising from such cancellation.
• The Client may cancel Delivery of the Goods and/or Services by written notice served within forty-eight (48) hours of placement of the order, prior to the Goods being dispatched. If the Client cancels Delivery in accordance with this clause 3, the Client will not be liable for the payment of any costs of the Supplier, except where a deposit is payable in accordance with clause 7.4.
• However, cancellation of orders for Goods made to the Client’s specifications, or for non-stocklist items, will not be accepted once production has commenced, or an order has been placed.

Dispute Resolution

• If a dispute arises between the parties to this Contract, then either party shall send to the other party a notice of dispute in writing adequately identifying and providing details of the dispute. Within fourteen (14) days after service of a notice of dispute, the parties shall confer at least once, to attempt to resolve the dispute. At any such conference each party shall be represented by a person having authority to agree to a resolution of the dispute. In the event that the dispute cannot be so resolved either party may by further notice in writing delivered by hand or sent by certified mail to the other party refer such dispute to arbitration. Any arbitration shall be:
  • referred to a single arbitrator to be nominated by the President of the Institute of Arbitrators Australia; and
  • conducted in accordance with the Institute of Arbitrators Australia Rules for the Conduct of Commercial Arbitration.

On-Line Ordering

• The Client acknowledges and agrees that:
  • • • the Supplier does not guarantee the website’s performance;
      • display on the website does not guarantee the availability of any particular Goods; therefore, all orders placed through the website shall be subject to confirmation of acceptance by the Supplier;
      • on-line ordering may be unavailable from time to time for regularly scheduled maintenance and/or upgrades; and
      • there are inherent hazards in electronic distribution, and as such the Supplier cannot warrant against delays or errors in transmitting data between the Client and the Supplier, including orders, and you agree that to the maximum extent permitted by law, the Supplier will not be liable for any losses which the Client suffers as a result of online-ordering not being available or for delays or errors in transmitting orders.
• The Supplier reserves the right to terminate the Client’s order if the Supplier learns that the Client has provided false or misleading information, interfered with other users or the administration of the Supplier’s business, or violated these terms and conditions.

Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)

• • The Client must inspect the Goods on Delivery and must within three (3) days of Delivery notify the Supplier in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Client must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow the Supplier to inspect the Goods.
  • Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
  • The Supplier acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
  • Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, the Supplier makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. The Supplier’s liability in respect of these warranties is limited to the fullest extent permitted by law.
  • If the Client is a consumer within the meaning of the CCA, the Supplier’s liability is limited to the extent permitted by section 64A of Schedule 2.
  • If the Supplier is required to replace the Goods under this clause or the CCA, but is unable to do so, the Supplier may refund any money the Client has paid for the Goods.
  • If the Client is not a consumer within the meaning of the CCA, the Supplier’s liability for any defect or damage in the Goods is:
    • limited to the value of any express warranty or warranty card provided to the Client by the Supplier at the Supplier’s sole discretion;
    • limited to any warranty to which the Supplier is entitled, if the Supplier did not manufacture the Goods; and/or
    • otherwise negated absolutely.
  • Subject to this clause 1, returns will only be accepted provided that:
    • the Client has complied with the provisions of clause 1; and
    • the Supplier has agreed that the Goods are defective; and
    • the Goods are returned within a reasonable time at the Client’s cost (if that cost is not significant); and
    • the Goods are returned in as close a condition to that in which they were delivered as is possible.
  • Notwithstanding clauses 1 to 1.8 but subject to the CCA, the Supplier shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
    • the Client failing to properly maintain or store any Goods;
    • the Client using the Goods for any purpose other than that for which they were designed;
    • the Client continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
    • the Client failing to follow any instructions or guidelines provided by the Supplier; and/or
    • fair wear and tear, any accident, or act of God.
  • The Supplier may in its absolute discretion accept non-defective Goods for return in which case the Supplier may require the Client to pay handling fees of up to fifteen percent (15%) of the value of the returned Goods plus any freight costs.
  • Notwithstanding anything contained in this clause if the Supplier is required by a law to accept a return, then the Supplier will only accept a return on the conditions imposed by that law.
  • Subject to clause 1, customised, or non-stocklist items or Goods made or ordered to the Client’s specifications are not acceptable for credit or return.