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"Buyer" means the entity or individual purchasing the goods upon these terms and conditions; "Seller" means Quins Group Pty., Ltd ABN 66 112 750 857 and any related body corporate of the Seller within the meaning of section 9 of the Corporations Act 2001.
Neither the prices shown in the Seller's website nor price list issued by the Seller to the Buyer is an offer to sell but is an invitation to treat only and the Seller reserves the right to accept or reject in its absolute discretion any orders which may be received by it. The prices shown in the Seller's website or price lists are subject to alteration without notice, and are exclusive of GST unless otherwise agreed.
Payment is due from the Buyer immediately on the purchase of goods, unless otherwise agreed. If the Buyer fails to make immediate payment upon the due date, the Seller will take steps or initiate any proceedings necessary to recover the balance due. Such steps are at the sole discretion of the Seller, and the Buyer agrees to indemnify and hold the Seller harmless from any and all liability, claims, damages, and costs, including all reasonable legal fees incurred by the Seller resulting from the Buyer's failure to pay. The Buyer agrees that the Seller may recover interest upon any unpaid amounts compounded daily. In the event of default in payment by the Buyer, the Seller may satisfy any liability which may arise, from any collateral which it holds for the Buyer, or other obligation it has to the Buyer, without prior notice to the Buyer. In the event such collateral is insufficient, the Buyer will remain liable to the Seller and will promptly pay on demand the amount of any loss or expense sustained by the Seller.
The Seller's regular packaging standard applies to all orders and without insurance for transportation, unless otherwise agreed.
Unless otherwise agreed, delivery is at the Buyer's business premises, and delivery freight is additional to the price and must be paid by the Buyer. Delivery date is an estimate only and the Seller is not liable for any delays in delivery. If the Seller is unable to supply the Buyer's total order these terms and conditions continue to apply to the goods supplied. The Seller shall select a courier who, in the Seller's own discretion, is competitive in the market to deliver the goods.
Please inspect all goods upon delivery. Only sign for undamaged goods. Notify the Seller of any damages within 4 working days from receipt of the goods. The Seller will not consider damage claims not fully supported with evidence.
Cancelation of orders (or deemed by the Seller to be a cancelation of order due to non-payment of amounts by the stated due date) shall incur the following cancellation charges
(1) Packaging and administration charges: 3%; and
(2) Postage/courier/transportation charges: 5%
Return is accepted for defective products only. Return due to change of mind is not accepted. Notice of intention to return must be received by the Seller within 30 days from the date of delivery. The Seller will advise best method of return. Goods returned without authorisation will incur freight charge. The Buyer is deemed to have agreed to the condition of the goods as is after 30 days from the date of delivery.
Property in the goods does not pass to the Buyer until the Buyer has paid all sums owing to the Seller on any account whatsoever and until that time the Seller has the right to call for or recover the goods at its option (for which purpose the Seller's employees or agents may enter the Buyer's premises) and the Buyer is obliged to deliver up the goods if so directed by the Seller. The Buyer in the meantime takes custody of the goods and retains them as the fiduciary agent and bailee of the Seller. The Buyer acknowledges that the Seller can enters the Buyer's premises for the purpose of reclaiming possession of the goods, and any liability to any person incurred by the Seller in connection with the entry will be indemnified by the Buyer. The Seller is entitled to reclaim possession of the goods, even if they have been paid in full, in satisfaction of all debts owing to the Seller, if any of the following events occurs (Insolvent Event):
Please refer to our Standard Warranty Terms and Conditions.
Where goods are supplied to the Buyer on credit the Buyer irrevocably authorises the Seller, its employees and agents to make such enquiries as it deems necessary to investigate the credit worthiness of the Buyer including (without limitation) making inquiries from persons nominated as trade referees, the bankers of the Buyer or any credit providers (Information Sources) and the Buyers authorizes the Information Sources to disclose to the Seller all information concerning the Buyer which is within their possession and which is requested by the Seller.
If a party is prevented from or delayed in complying with an obligation (other than to pay money) by an event beyond its reasonable control, performance by it of that obligation is suspended during the time, but only to the extent that compliance is prevented or delayed.
If anything in these terms and conditions is unenforceable, illegal or void then it is severed and the rest of these terms and conditions remain in force.
A party's failure or delay to exercise a power or right does not operate as a waiver of that power or right, and the exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right.
(Revised on August 4th 2011)