Terms and Conditions of Sale
The Terms and Conditions of Sale on the following pages apply to the sale and purchase of all items.
TERMS AND CONDITIONS OF SALE
Definitions and Interpretation
1. Australian Consumer Law means the Law set out in schedule 2 of the Competition and Consumer Act 2010 (Cth).
2. Buyer means the company or person as set out in the Invoice.
3. Conditions means these Terms & Conditions of Sale.
4. Defect means an error or defect in the Goods due to faulty material or workmanship for which the Seller is responsible.
5. Estimated Delivery Date means the date specified on the Invoice.
6. Invoice means the invoice attached to these Conditions.
7. Goods means those goods to be supplied by the Seller to the Buyer under these Conditions as set out in the Invoice.
8. Major Failure has the meaning defined in section 260 of the Australian Consumer Law.
9. Seller means Sea Sherpa Pty Ltd ABN 28 612 889 291.
10. Services means those services to be supplied by the Seller to the Buyer under these Conditions as set out in the Invoice.
11. These Conditions apply to the sale of Goods and Services by the Seller to the Buyer and apply to the exclusion of any other terms or conditions (whether implied, oral or written and whether set out in the Buyer's order or otherwise).
12. No variation or cancellation of any of these Conditions shall be binding on the Seller unless agreed to by the Seller in writing.
13. The cost of taxes, all insurance, transport and other handling expenses shall be borne by the Buyer.
14. These Conditions are governed by the laws of Victoria. The parties submit to the non-exclusive jurisdiction of the courts of that State and courts entitled to hear appeals from those courts.
15. These Conditions supersede all previous agreements in respect of its subject matter and embodies the entire agreement between the parties in respect of its subject matter.
16. The Seller will make all reasonable efforts to deliver the Goods to the Buyer on the Estimated Delivery Date. Notwithstanding any delay by the Seller, the Buyer shall be bound to accept and pay for the goods in full provided that delivery is made by the Seller within 45 days of the Estimated Delivery Date.
17. The Buyer must advise the Seller in writing of any claims for loss, damage or shortfall in delivery within seven days after receipt of the Goods.
18. If required by the Seller, the Buyer must complete and sign a checklist to confirm the condition of the Goods at the time of delivery of the Goods.
Returns and Cancellations
19. Except where clause 23 applies (the Buyer's rights under the Australian Consumer Law): (a) orders may only be cancelled or Goods returned for credit with the prior written approval of the Seller (which may be withheld in the Seller's absolute discretion). If the Seller gives written approval for the Goods to be returned, the Goods must be unused and returned in the same re-saleable condition as when they were originally sold, and all costs of return (including the Seller's costs and freight costs) must be borne by the Buyer; (b) any goods specifically manufactured, processed or purchased on behalf of the Buyer that meet the Buyer's specific request, may not be returned.
Risk and title
20. The Goods shall be at the Buyer’s risk immediately upon delivery to the Buyer, the Buyer’s agent or any carrier selected by either the Seller or the Buyer.
21. Title and property in the Goods shall remain with the Seller, and the Buyer holds the Goods as bailee and fiduciary agent, until such time as full payment is made to the Seller for all amounts owing by the Buyer so that the Buyer’s total indebtedness to the Seller under the Conditions is discharged.
22. If the Buyer fails to make payment for the Goods in accordance with the terms of these Conditions then the Seller shall have the right to enter the Buyer’s premises in order to effect recovery of any Goods for which title has not passed and use any reasonable means of force in order to effect recovery of the applicable Goods and the Seller shall have the right to resell or otherwise dispose of the Goods so recovered without reference to the Buyer.
Australian Consumer Law
23. The Goods and Services come with guarantees that cannot be excluded under the Australian Consumer Law. The Buyer is entitled to a replacement or refund for a Major Failure of the Goods and compensation for any other reasonably foreseeable loss or damage. The Buyer is also entitled to have the Goods repaired or replaced, as decided by the Seller, if the Goods fail to be of acceptable quality and the failure does not amount to a Major Failure.
Liability of the Seller
24. Notwithstanding any other provision of these Conditions and except to the extent that liability cannot legally be limited or excluded (such as if clause 23 applies):
(a) The Seller’s total liability arising out of or in connection with these Conditions shall not exceed the invoice price in total aggregate;
(b) The Seller shall under no circumstances be liable for loss, damage or costs incurred by a party or any other person that is indirect or consequential including loss of or damage to goodwill or credit; loss of business reputation, future reputation or publicity; loss of use; loss of interest; losses arising from claims by third parties; loss or denial of opportunity and/or loss of contract or liability arising out of the re-supply, use or re-use of the Goods whether alone or together with other materials or any alleged defects in the Goods or Services; and
(c) any advice, recommendation, information, assistance or service provided by the Seller in relation to the Goods or their use or application is given in good faith and is believed by the Seller to be appropriate and reliable but is otherwise provided without any warranty as to its accuracy and without any liability on the part of the Seller.
25. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
26. Any new Goods purchased from the Seller shall be free from defects in material or workmanship under normal use and service (the "Limited Warranty").
27. This Limited Warranty is for defects reported to the Seller no later than three months from the date of delivery of the Goods.
28. Goods repaired or replaced under this Limited Warranty are warranted for three months from the date of delivery.
29. The Limited Warranty period is not renewed or extended as a result of a warranty repair or replacement.
30. The Limited Warranty is not transferable and is only offered to the original purchaser.
31. The Buyer’s sole and exclusive remedy under this Limited Warranty in the event of a defect in material or workmanship in the Goods is that the Seller will, at its sole option, repair or replace any defective Goods.
32. If the Seller elects to repair or replace a defective Good, the Seller may at its discretion provide a factory reconditioned Good or new Good.
33. All replaced Goods become the sole property of the Seller.
34. Exclusions to the Limited Warranty:
(a) Routine maintenance items, cosmetic deterioration or electrical components susceptible to fluctuations in current.
(b) Damage to Goods resulting from inadequate maintenance, neglect, abuse, accident or collision.
(c) Damage to Goods resulting from installation or use of non-approved parts or accessories.
(d) Damage to Goods during shipment to the Buyer.
(e) Damage to any Goods that have been completely or partially disassembled.
(f) Operation, use or maintenance of Goods otherwise than in accordance with the instructions provided.
(g) Use of Goods for a purpose or in environmental conditions outside those specified.