Delivery of Goods
5.1 Delivery (“Delivery”) of the Goods is taken to occur at the time that:
(a) the Customer or the Customer’s nominated carrier takes possession of the Goods at the Supplier’s address; or
(b) the Supplier (or the Supplier’s nominated carrier) delivers the Goods to the Customer’s nominated address even if the Customer is not present at the address, and:
(i) the Supplier (in its absolute discretion) reserves the right to arrange transport by any means;
(ii) delivery shall be made during standard business hours to the agreed delivery point (or location); (iii) delivery shall be made as close to the delivery point as is safe and prudent to do so;
(iv) the unloading of the Goods at the delivery point is the Customer’s responsibility irrespective of any third party that may unload the Goods, at all times all risk remains with the Customer. The Supplier may, without liability to the Customer, unload the Goods at the delivery point on the Customer’s request, or where the Customer is absent at the time of delivery, the Customer thereby releases and discharges the Supplier from (and against) any claim, cause of action or liability arising out of the unloading of Goods at the delivery point.
5.2 At the Supplier’s sole discretion the cost of delivery is in addition to the Price.
5.3 The Customer must take delivery by receipt or collection of the Goods whenever they are tendered for
delivery. In the event that the Customer is unable to take delivery of the Goods as arranged then the Supplier
shall be entitled to charge a reasonable fee for redelivery and/or storage.
5.4 The Supplier may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and
paid in accordance with the provisions in these terms and conditions.
5.5 Any time or date given by the Supplier to the Customer is an estimate only. The Customer must still accept
delivery of the Goods even if late and the Supplier will not be liable for any loss or damage incurred by the Customer as a result of the delivery being late.
Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
10.1 The Customer must inspect the Goods on delivery and must within seven (7) days of delivery notify the Supplier in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Customer must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification the Customer must allow the Supplier to inspect the Goods.
10.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
10.3 The Supplier acknowledges that nothing in these terms and conditions purports to modify or exclude the Non- Excluded Guarantees.
10.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, the Supplier makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. The Supplier’s liability in respect of these warranties is limited to the fullest extent permitted by law.
10.5 If the Customer is a consumer within the meaning of the CCA, the Supplier’s liability is limited to the extent permitted by section 64A of Schedule 2.
10.6 If the Supplier is required to replace the Goods under this clause or the CCA, but is unable to do so, the Supplier may refund any money the Customer has paid for the Goods.
10.7 If the Customer is not a consumer within the meaning of the CCA, the Supplier’s liability for any defect or damage in the Goods is:
(a) limited to the value of any express warranty or warranty card provided to the Customer by the Supplier at the Supplier’s sole discretion;
(b) limited to any warranty to which the Supplier is entitled, if the Supplier did not manufacture the Goods; (c) otherwise negated absolutely.
10.8 Subject to this clause 10, returns will only be accepted provided that:
(a) the Customer has complied with the provisions of clause 10.1; and
(b) the Supplier has agreed that the Goods are defective; and
(c) the Goods are returned within a reasonable time at the Customer’s cost (if that cost is not significant); and (d) the Goods are returned in as close a condition to that in which they were delivered as is possible.
10.9 Notwithstanding clauses 10.1 to 10.8 but subject to the CCA, the Supplier shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) the Customer failing to properly maintain or store any Goods;
(b) the Customer using the Goods for any purpose other than that for which they were designed;
(c) the Customer continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(d) the Customer failing to follow any instructions or guidelines provided by the Supplier;
(e) fair wear and tear, any accident, or act of God.
10.10 Notwithstanding anything contained in this clause if the Supplier is required by a law to accept a return then the Supplier will only accept a return on the conditions imposed by that law.