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1. ACCEPTANCE BY ORDER
Acceptance by making an Order shall be acceptance of the Company's Terms of Use, unless otherwise agreed by the Company in writing.
2. DELIVERY
a. Upon notification to the Supplier that payment has been made and cleared, the goods shall be delivered by Australia Post at the Customer's risk. This does not apply to those Business Customers who have previously established credit accounts. Products will be posted to these Customers upon Order, and an Invoice issued. b. The Delivery Fee quoted is a Flat Rate within Australia using Australia Post. Should an express delivery be required, an additional fee will apply based on weight, carrier of choice and destination.
3. PAYMENT
a. The preferred payment method is Direct Deposit to the BSB account as listed. Money Orders and Cheques can be mailed to YOUR COMPANY ADDRESS HERE. YOUR COMPANY utilises YOUR PAYMENT METHOD for Credit Card transactions, which is approved by Australian Banks for public use. b. Goods supplied with a 30 day Invoice to Business Customers will be subject to an Administration Fee of 5%. c. In the event that the Company is required to engage the service of any mercantile agency to effect collection of any amounts overdue to the Company then all collection expenses and associated charges shall be borne by the purchaser.
4. SUITABILITY OF GOODS OR WORK
Liability for breach of a condition or warranty implies into this contract by the Trade Practices Act 1974, other than a condition implied by Section 69 is limited to any one of the following, as determined by the Company; (i) the supplying of the service again; or (ii) the payment of the cost of having the service supplied again.
5. LIABILITY
a. Except for the supply of goods for private or domestic use, the Company shall not be liable for indirect or consequential loss to the customer arising from third party claims occasioned by errors in carrying out the work or delay in delivery. b. No warranty, other than statutory warranties, is given by the Company or responsibility accepted by it to ensure that goods produced comply with the requirements of any legislation relating to the marking, and/or labelling and/or packaging of goods. Compliance with the requirements of such legislation shall be the sole responsibility of the buyer.
6. FORCE MAJEURE
Contracts and deliveries may be suspended by the Company in the event of any strike, lockout, trade dispute, fire tempest, breakdown, riot, theft, crime, civic disturbance, war, legislation, force majeure, the inability of the Company to procure necessary material or articles preventing or retarding performance of the contract of delivery or work and no responsibility shall be attached to the Company for any delay, default, loss, or damage due to any of the above causes or to any other cause beyond the control of the Company.
These terms and conditions are to be read subject to mandatory provisions of legislation of the Commonwealth of Australia including the consumer protection provisions of the Trade Practices Act 1974 or of one or more of the States or Territories, which afford statutory rights to consumers. The invalidity of any clause, or part of a clause, shall not affect any other clause or other part of the clause
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