Terms of Sale
TERMS AND CONDITIONS OF SALE
All Orders given to Specialty Balloon Printers Australia (hereafter SBPA), ABN No 56 049 172 589 are subject to the following Terms and Conditions.
1. Definitions and Interpretations
1.1 In these Terms and Conditions:
‘Delivery Address means the delivery address of the Customer stated in an Order; “Contract” means the contract resulting from the acceptance by SBPA of an Order in accordance with clause 2.3;
“Credit Application Form means SBPA credit application form by which a Customer can apply for credit account with SBPA in respect of the sale of Goods;
‘Customer’ means airy person who enters into a Contract with SBPA for the sale and purchase of Goods;
‘Delivery Time” moans the time of delivery of the Goods either to the Delivery Address of the Customer or to the carrier of the Customer;
“GST’ means any amount paid or payable under any GST law as that expression is defined in section 125-1 of the A New Tax
System (Goods and Services Tax) Act 1999 (Cth);
‘Loss” mesas any damage, loss, liability, expense or cost whether direct or indirect, consequential or incidental; “Order” means an order placed with SBPA for the sale and delivery of Goods;
‘Order Confirmation’ means a written confirmation of the Order by SBPA which may be in the form of an Invoice provided to the Customer by facsimile transmission or email or delivered to the Customer upon delivery of the Goods;
‘Price” means the price for the Goods specified in the Order Confirmation;
‘Goods’ means the goods supplied or to be supplied by SBPA to the Customer from time to time pursuant to the Contract; ‘Terms End Conditions” means these terms and conditions as amended from time to time by SBPA
1.2 In these Terms and Conditions (Including defined terms), unless the context otherwise requires:
- (a) the singular includes the plural and vice versa and each gender Includes each other gender;
- (b) Headings are included for convenience only and do not affect the interpretation of these Terms and Conditions.
2. Formation of Contract of Sale of Goods
2.1 These Terms and Conditions supersede all previous terms and conditions imposed by SBPA and may only be varied in writing by SBPA.
2.2 Each Order will constitute an offer by the Customer to acquire Goods from SBPA on and subject to the Terms and Conditions and to the exclusion of all other terms and conditions and notwithstanding any qualifications of the Terms and Conditions (including any terms and conditions contained in any purchase Order or other document of the Customer) unless expressly agreed by SBPA In writing. Any price lists or quotations given by SBPA to a Customer are an invitation to the Customer to place an Order only.
2.3 A contract will only be made between SBPA and the Customer for the sale and purchase of Goods If and upon the acceptance of the Order by SBPA by the provision to the Customer of an Order Confirmation,
2A An Order may only be made by the Customer to SBPA;
•(a) In writing, by facsimile transmission or by electronic data interchange;
•(b) By telephone, if within 3 business days of the placement of the Order, it is confirmed by a means outlined in (a). 2.5 The Contract resulting from the provision of the Order Confirmation cannot be cancelled by the Customer without SBPA written consent and SBPA may at its discretion impose a reasonable cancellation charge.
3 Payment Terms
3.1 The Customer agrees to pay to SBPA the Price In full upon the delivery of the Goods, unless the Customer has completed and returned a Credit Application Form and SBPA has agreed to extend credit to the Customer, in which case the Customer agrees to pay the Price in full on or before the expiry of 7 days from the date of delivery of the Goods or as otherwise agreed with SBPA.
3.2 If the Price Is not paid in full as and when due In accordance with clause 3.1, then SBPA shall have the right to charge interest at a rate of 1.25% per month from the due date to the date that the account Is paid in full and should the account be referred to a collection agency the Applicant shall pay a 15% collection fee plus legal costs on a solicitor/own client basis.
3.3 If SBPA agrees to extend credit to the Customer, the Customer agrees to the terms stated in the Credit Application Form as terms and conditions of the Contract.
3.4 The Price Is GST exclusive unless stated otherwise. The Customer must pay to SBPA any GST which SBPA is liable top in respect of supplies made by SBPA under these Terms and Conditions, at the same time and in the same manner as first payment is made for the supply to which the payment relates.
3.5 Prices, fees and charges are subject to change without notice.
Title and Risk
3.6 The Customer acknowledges and agrees that no title to the Goods shall pass to the Customer until the Price has been paid to SBPA in full.
3.7 Risk of Loss or damage to the Goods will pass to the Customer at Delivery Time.
4 Deliveries
4.1 The Delivery Time shall be a time or during a period agreed by SBPA and the Customer.
4.2 SBPA reserves the right to withdraw an Order Confirmation at any time before the Delivery Time and will not be liable for any Loss whatsoever arising from its failure to deliver any or all of the Goods.
4.3 Any term of the Contract relating to the quantity of Goods is not the essence of the Contract. SBPA reserves the right to make partial deliveries against an Order and to invoice each partial delivery separately and the Customer cannot reject Goods on the basis of partial delivery.
4.4 Where Goods remain In the possession of SBPA after the Delivery Time (Including where the Customer fails for whatever reason to take delivery of the Goods), SBPA is entitled to charge the Customer for all Loss occasioned by the Customer not accepting delivery together with any costs and Loss in respect of the carriage, care and custody of the Goods.
4.5 Unless otherwise agreed by SBPA, all Goods will be delivered to the Delivery Address.
4.8 The Customer must ensure that it or its employees or agents are in attendance at the Delivery Address at the agreed time or agreed period for delivery to accept delivery of the Goods and to acknowledge receipt upon the consignment note or invoice accompanying the Goods.
5. Inspection, Acceptance of Goods and Customers obligations
5.1 The Customer must inspect the Goods within 2 business days of the Delivery Time and if no inspection is so made, is deemed to have accepted the Goods.
5.2 The Customer has no claim for shortages, defects or any Loss in respect of Goods apparent on inspection unless:
- (a) a complaint is made to SBPA within 3 business days of the Delivery Time specifying the shortage or defect; and
- (b) SBPA is, after receipt of the complaint, permitted to inspect the Goods and investigate the complaint.
5.3 If a complaint is not made to SBPA in accordance with clause 5.2, the Goods delivered will be deemed to be In accordance with the, Contract, and SBPA will not be held liable for any future Losses regarding the use or application of the Goods, and the Customer Is bound to pay for them accordingly.
5.4 SBPA will only accept the return of Goods from the Customer where:
- (a) The Customer has complied with clause 5.2 and SBPA is satisfied as to the claim by the Customer; and
- (b) The Goods are returned to SBPA in the same condition as when first delivered to the Customer.
5.5 If the Customer does not return Goods using SBPA’ carrier, the Customer must bear the freight costs.
5.6 Where incorrect Goods are Ordered, an incorrect item number for Goods is used, an incorrect unit of issue or pack size is Ordered, an Order exceeds the Customer’s requirements, an incorrect account number is used, or an Order is duplicated, the Customer may after receiving written authority from SBPA, return the Goods to SBPA subject to the Goods being returned In the same condition as when first delivered to the Customer and subject to the Customer bearing the freight costs of the delivery and return of the Goods.
5.7 Where Goods are returned to SBPA in accordance with the above provisions SBPA must Issue a credit note in respect of any amounts paid by the Customer In respect of those Goods.
6. Liability
6.1 Legislation such as the Trade Practices Act 1974 (0th) may imply into these Terms and Conditions warranties or conditions or Impose obligations which cannot be excluded, restricted or modified and these Terms and Conditions are read subject to such statutory provisions.
6.2 All other conditions, warranties, representations, liabilities, and obligations, whether Implied or imposed by statute, including any conditions or warranties as to merchantability, fitness for purpose or correspondence with description are excluded to the extent permitted by law.
6.3 In the event that SBPA breaches its obligations referred to in clause 6.1, to the extent allowed by law, its liability is limited to any one or more of the following, at its election:‑
- (a) the replacement of the Goods or the supply of equivalent goods;
- (b) the repair of the Goods;
- (c) The payment of the cost of replacing the goods or acquiring equivalent goods; or
- (d) The payment of the cost of having the goods repaired.
8.4 The total liability of SBPA under these Terms and Conditions is, to the extent permitted by law, expressed in this clause 8 and SBPA will under no circumstances be liable to the Customer for any Loss incurred by the Customer or any other party resulting directly or indirectly out of the supply by SBPA to the Customer or out of any breach of SBPA under these Terms and Conditions or out of the negligence of SBPA.
6.8 Nothing in these Terms and Conditions shall exclude or modify any conditional warranty implied by law where to do so would render these Terms and Conditions void.
7. General
7.1 These Terms and Conditions take effect, are governed by and will be construed in accordance with the laws of the State of Queensland, Australia.
7.2 These Terms and Conditions are subject to change without notice.
7.3 The parties agree that any action arising out of, or relating to these terms may only be brought by a court of competent jurisdiction in the State of Queensland, Australia.
7.4 if any of these terms and conditions are found by a court of competent jurisdiction to be Invalid or unenforceable, it will be struck out and the remaining terms and conditions will remain in force.
7.5 If we do not act in relation to a breach by you of these terms and conditions, this does not waive SBPA right to act with respect to subsequent or similar breaches.
7.8 You may not assign or transfer any rights or benefits you may receive under these terms and conditions to any other person or entity without the prior written consent of SBPA.
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SPECIALTY BALLOON PRINTERS AUSTRALIA
WEB SITE TERMS OF TRADE AND PRIVACY STATEMENT
Terms of Trade
This website is owned by Specialty Balloon Printers Australia, 13 - 315 Archerfield Road Richlands Brisbane, Queensland 4077 (”Specialty Balloon Printers Australia “).
If you use Specialty Balloon Printers Australia website, you are agreeing to be bound by the terms and conditions listed below and any other laws or regulations which apply to this website.
Copyright Statement
1. All copyright in the website design, text, graphics, the selection and arrangement thereof, and all software relating to this website belongs to or is licensed by Specialty Balloon Printers Australia. This copyright is protected by Australian and international copyright laws.
2. Subject to paragraph 3, no material from this website may be copied, reproduced, distributed, modified, uploaded, transmitted, reused, re-posted, published or framed within another website without Specialty Balloon Printers Australia ‘ prior written permission.
3. Specialty Balloon Printers Australia grants you permission to download one copy of the material on this website in the usual course of operating your web browser, for your personal non-commercial use. You may also print hard copies of the material on this website for non-commercial use, provided you retain all copyright and other proprietary notices on that material.
Trade Mark Statement
All trade marks, service marks, trade names, branding and get-up (trade dress) on this website belong to Specialty Balloon Printers Australia or its licensors. Specialty Balloon Printers Australia does not give you any licence or right to use them.
General Disclaimer
1. This website has been compiled by Specialty Balloon Printers Australia on the basis of current general information. Changes in circumstances after publication may affect the completeness or accuracy of this information. To the maximum extent permitted by law, Specialty Balloon Printers Australia disclaims all liability for any errors or omissions contained in this information or any failure to update or correct this information. It is your responsibility to assess and verify the accuracy, completeness and reliability of the information on this website, and to seek professional advice where necessary.
2.Nothing contained on this website is to be interpreted as a recommendation to use any product, process or formulation or any information on this website in a manner which infringes the intellectual property rights of any person, company or entity. Specialty Balloon Printers Australia makes no representations or warranties that use of the information on this website will not infringe such intellectual property rights.
3.Specialty Balloon Printers Australia makes no representation that the products displayed on this website are currently available. Display of any product does not constitute an offer or undertaking by Specialty Balloon Printers Australia.
4. Specialty Balloon Printers Australia makes this website and its contents available on an “as is” basis. Specialty Balloon Printers Australia makes no representations or warranties of any kind with respect to this website or its contents. To the maximum extent permitted by law, Specialty Balloon Printers Australia disclaims any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this website, including without limitation the information on this website, products referred to on this website and any email correspondence between you and Specialty Balloon Printers Australia.
Limitation of Liability
1.The use of the information on this website is at your own risk. Specialty Balloon Printers Australia, its directors, employees, shareholders, agents and other representatives will not, under any circumstances, be liable for any injury, loss or damage arising out of or related to the use, or inability to use, the information on this website or provided through this website by email.
2.This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and third party claims.
Links
1.Information on this website may include links to the websites of others. These links are provided for your convenience only. Specialty Balloon Printers Australia does not endorse, guarantee or approve the content or accuracy of these websites, and does not recommend the products, services or information on these websites.
2.Specialty Balloon Printers Australia does not warrant that information on any third party websites is free from computer viruses or any defects, errors or infringements of intellectual property rights, nor does Specialty Balloon Printers Australia authorise any such infringement by providing these links.
3.Specialty Balloon Printers Australia disclaims liability for any loss or damage whatsoever arising from your use of links to third party websites.
Indemnity
You agree to indemnify Specialty Balloon Printers Australia, its directors, employees, shareholders, agents and other persons involved in the creation of this website for all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide to Specialty Balloon Printers Australia via this website or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Australian Trade Practices Act 1974 (Cth).
Jurisdiction
1.If a dispute arises regarding these terms of trade, the laws of the State of Queensland, Australia, will apply. In relation to any such dispute, you agree to submit to the non-exclusive jurisdiction of the courts of the State of Queensland, Australia, and the courts of appeal from them, and waive any rights that you may have to challenge the appropriateness of that forum.
2.If you access this website in a jurisdiction other than Queensland, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.
Termination of Access
Access to this web site may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
General
We accept no liability for any failure to comply with these terms and conditions where such failure is due to the circumstances beyond our reasonable control.
If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
Changes to Terms and Conditions
Specialty Balloon Printers Australia reserves the right to change or modify, all or any part of these terms and conditions without prior notice.
Privacy
