Goods supplied by the Supplier to the Customer are supplied in accordance with these Terms and Conditions which apply to the exclusion of all other conditions, including those submitted by the Customer.
The Customer may place an order through the website which may be accepted by the Supplier. A contract will be formed by the Supplier accepting an order by the Customer.
3.1 Unless otherwise agreed in writing by the parties. Pricing is subject to variance by the Supplier without notice.
3.2 Unless the Supplier expressly advises in writing, the price for any Goods does not include the costs of delivery of the Goods and all costs, charges or expenses incurred by the Supplier in relation to delivery are payable by the Customer. Cost of delivery will be specified prior to the Customer processing the order.
4.1 Unless otherwise agreed in writing by the Supplier, the Customer will pay prior to the processing of the order and the shipment of the Goods.
4.2 Time for payment is of the essence of the Contract. Where payments are overdue, the Supplier may, at its option, either cancel orders or suspend delivery of outstanding Goods.
5. Default in Payment
If the Customer defaults in payment or breaches these Conditions then it will be liable for all costs incurred by the Supplier and will indemnify the Supplier for the costs or recovery.
6.1 Delivery shall be made at the place notified by, or agreed with, the Customer.
6.2 Delivery occurs when the Goods are delivered to the premises nominated by the Customer or to its agent for delivery.
6.3 Where the nominated address for delivery is unattended the Supplier may leave the Goods at the premises at the Customer’s own risk.
6.4 Any delivery times made known to the Customer are estimates only and the Supplier will not be liable for late delivery or non-delivery.
6.5 The Supplier may, at its option, deliver the Goods to the Customer in any number of instalments. If the Supplier delivers any of the Goods by instalments, then those instalments constitute separate contracts and these Conditions may apply.
7. Title and Risk
7.1 Notwithstanding any other provision in these terms, title to any Goods supplied shall not pass until such time as the Customer pays the Supplier the full price of all the Goods supplied. Until that time the Customer shall be bailee only.
7.2 Risk passes on delivery of the Goods to the Customer or its agent or despatch of an invoice, whichever is the earlier, and the Customer assumes the risk of loss and damage, from that time.
8. Loss or damage in delivery
The Supplier is not responsible to the Customer or any person claiming through the Customer for any loss or damage to Goods in transit where the goods are beign transported by the Customer or a carrier nominated by the Customer.
9.1 Goods not rejected within 24 hours of delivery shall be deemed accepted by the Customer.
9.2 Goods will not be accepted by the Supplier as having been rejected without prior agreement with the Supplier.
10.1 The Supplier will not be liable for any claim, loss or expense made after the expiration of one business day from the date of delivery.
10.2 The Supplier will not be liable for any claim, loss or expense sustained or incurred by any person arising in any way as a result of the unavailability of Goods, any delay in delivery of the Goods or any failure to deliver the Goods.
10.3 Subject to any condition, warranty or right implied by the Australian Consumer Law, or any other law, the Supplier gives no warranties regarding any Goods supplied and all other implied conditions, warranties and rights are excluded and the Supplier’s liability for nay breach of any implied condition, warranty or right in connection with the Supply of Goods is limited to one or more of the following (at the election of the Supplier):
i. Replacement of the Goods or supply of equivalent goods;
ii. Payment of the cost of replacing the Goods or acquiring equivalent goods.
10.4 The Supplier will not be liable for any contingent, consequential or punitive damages arising in any way whatsoever. The Customer acknowledges this express limitation of liability and agrees to limit a claim accordingly.
10.5 Any advice, recommendation, information or representation provided by the Supplier as to the quality of performance of the Goods or their suitability for a particular purpose or otherwise in relation to the Goods is given in goods faith but without any liability or responsibility on the part of the Supplier. The Customer acknowledges that it has not relied upon or been induced by any representation of the Supplier.
10.6 To the extent permitted by the law:
i. it is the responsibility of the Customer to inspect the Goods and satisfy himself or herself as to the condition, quality, suitability and fitness of the Goods for the Customer’s purposes prior to the use or resale of the Goods;
ii. the Supplier shall be under no liability whatsoever for any defects in, or deterioration or failure of, the Goods or any part thereof (or any goods supplied with the Goods or any part thereof) whether due to design, workmanship or materials or to any cause whatsoever, unless the same is due to the negligence or wilful default of the Supplier or its employees or agents. The Supplier shall be under no liability whatsoever from any failure of the Goods to correspond with any description.
11.1 The Customer shall keep the Supplier indemnified against all costs, claims, demands, expenses and liabilities of whatsoever nature, including, without prejudice, to the generality of the foregoing, claims for death, personal injury, damage to property and consequential loss (including loss of profit) which may be made against the Supplier or which the Supplier may sustain, pay or incur as a result of or in connection with the manufacture, sale, export, import or use of the Goods unless such cost, claim, demand, expense or liability shall be directly and solely attributable to any breach of contract by, or negligence of, the Supplier or a duly authorized employee or agent of the Supplier.
11.2 The Customer indemnifies on a continuing basis and on a full indemnity basis the Supplier from and against any liability, loss, expense or demand for or arising from any false, misleading, deceptive or misdescriptive representation or statement made by the Customer in respect of the products to any person. This indemnity survives termination of this agreement by either party for any reason.
11.3 The Supplier indemnifies the Customer on a continuing basis on a full indemnity basis from and against any liability, loss, expense or demand for or arising from any false, misleading, deceptive or misdescriptive representation or statement made by the Supplier to the Customer for or in respect of the products.
12.1 The Customer agrees that all Contracts made with the Supplier will be deemed to be made in the State of the Supplier (Victoria) and the Customer agrees to submit to the jurisdiction of the appropriate Court in that State.
12.2 The provisions of these Conditions will be separate and severable from each other to the extent that if any provision or provisions are considered to be inoperative then the remaining provision or provisions will be binding on and enforceable by the parties.
12.3 The failure of the Supplier to enforce the provisions of these Conditions or to exercise any rights expressed in these Conditions is not be a waiver of such provisions or rights and does not affect the enforcement of these Conditions.
13. In these Conditions:
“Conditions” means the conditions of supply set out in this document and include any special terms and conditions attached to this document;
“Contract” means any contract between the Supplier and the Customer for the purchase and sale of Goods;
“Customer” means the person who buys or has agreed to buy the Goods.
“Goods” means all goods which are supplied to the Customer by the Supplier under any contract between them;
“GST” means any tax in the nature of a consumption tax, a goods and services tax, a value added tax or similar tax including, but not limited to, any tax arising under the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and associated legislation;
“Purchase Price” means the price specified in the Tax Invoice;
“Supplier” means Corona Manufacturing Pty Ltd, being the seller of the Goods.