1. Sale of Goods
1.1 The sale of goods referred to on the face of this Agreement (Goods) is subject to the following Terms and Conditions. Any inconsistent terms in your order or confirmation will not be binding upon us.
1.2 Upon the sale of goods in the event it is not suitable the item maybe returned within 7 days in exchange for a store credit or maybe exchanged for goods of the same price.
1.3 These terms and conditions may not be varied or added to or this Agreement terminated except in writing. No variation, addition, termination or waiver of any term or condition will be binding on us unless in writing signed by our duly authorised representative or us.
1.4 Except as otherwise provided in these Terms and Conditions, we are not responsible for any freight, transportation, insurance, shipping, packing, storage, handling, demurrage or similar charges. If such charges are by the terms of sale included in the price, you are accountable for any increase in rates becoming effective after the date of this Agreement.
2. Payment
You must purchase the Goods in accordance with these Terms and Conditions. Payment of Goods is due upon receipt. All goods remain the property of the company until they are paid for in full.
3. Delivery
3.1 We will arrange delivery of the Goods to the designated delivery location.
3.2 We will not be held liable for any delays in delivery or failure to deliver due to causes beyond our control including but not limited to acts of God, war, mobilisation, civil commotion, riots, embargoes, orders or regulation of governments of any relevant jurisdiction, fires, floods, strikes, lockouts or other labour difficulties, shortages of or inability to obtain shipping space or transportation, or shortages of the Goods or if the Goods are unavailable.
3.3 Delivery of the Goods takes place when the Goods leave our premises.
4. Title and Risk
4.1 Any loss, damage, deterioration or destruction of the Goods from the Delivery Date is at your risk. The title or ownership of the Goods will only pass or be transferred to you upon payment in full of any money owed by you to us for the Goods.
4.2 In the event of non-payment for the Goods in accordance with these Terms and Conditions, you expressly acknowledge that we are entitled to retake possession of the Goods.
5. Insurance
Except as otherwise provided in this clause, all insurable risks from the Delivery Dates of the Goods must be borne and paid for by you.
6. Limits on our Liability
6.1 You acknowledge that the nature of the Goods is such that we are not in a position to determine the condition of any item of the Goods, and that the Goods may spoil or otherwise deteriorate (or already have done so). We will not be liable for:
(a) any variation in the quality of the Goods; or
(b) any deterioration in quality or value of the Goods, whether due to their storage conditions or otherwise.
6.2 We make no warranties either expressed or implied as to the merchantability, fitness for purpose or otherwise with respect to the Goods other than as required by law. In no event will we be liable for any prospective profits or indirect or consequential damages or for any expense resulting from:
(a) use or access or consumption by you or others of the Goods; or
(b) any negligence by us, our employees or agents; or
(c) the transportation, handling, packing or storage of the Goods at any location in accordance with these Terms and Conditions; or
(d) any variation in the value of the Goods, which we do not guarantee and which you acknowledge may rise or fall.
6.3 To the extent permitted by law our sole liability for any breach of any term, condition or warranty is limited to any one of the following as determined by us in our absolute discretion:
(a) the replacement of the Goods or the supply of equivalent goods; or
(b) the payment of the cost of replacing the Goods or of acquiring equivalent goods.
7. Your rights and obligations
7.1 You must pay all amounts in accordance with these Terms and Conditions and Order Form if applicable.
7.2 You must not assign or transfer your rights and obligations under this Agreement without our prior written consent.
7.3 You acknowledge that you do not rely on any representation, warranty or other provision made by or on behalf of us, which is not expressly specified in this Agreement.
8. Taxes
Except as otherwise provided by law, you are liable for all sales taxes, excise taxes, goods and services tax and all other taxes or duties which we may be required to pay or collect with respect to the Goods or their supply to you. Where you claim exemption from any duty or tax, you must provide us with the appropriate exemption certificate(s).
9. Termination
Without prejudice to any other available remedies, we may at our option and with or without notice to you terminate this Agreement if you fail to pay us any money payable under this Agreement by the due date for payment; or you fail to observe or perform any obligation or requirement under this Agreement or commit any breach of this Agreement.