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.