Terms and conditions
TERMS AND CONDITIONS OF SALES
- The Seller accepts the Buyer´s order on these conditions (which together with the acceptance) constitutes the entire agreement between the Seller and the Buyer and it is expressly agreed that there are no other understandings, representations or warranties of any kind (express or implied) forming part of this contract.
- All Contracts between the Seller and the Buyer shall be governed by these terms and conditions of sale unless the Seller and the Buyer otherwise expressly vary any of these general conditions by agreement in writing signed by the Seller and the Buyer and any variation in writing shall not alter in any way the conditions as stated hereunder except for the clause or clauses stated in the agreement made between the Seller and the Buyer.
- Any part of these conditions is severable and if any provision is held to be illegal or unenforceable for any reason, such illegality or unenforceability shall effect only that portion of these conditions which is illegal or unenforceable and the remainder of these conditions shall remain in full force and effect. This shall apply to any inconsistency or any other contract of Sale.
- The Seller does not accept any conditions of purchase which the Buyer may state on their order form which may contradict these terms and conditions of sale hereunder, in particular:
- Any condition contained in the Buyer´s order which is inconsistent with, qualifies, or is contrary to these conditions shall be of no effect unless that condition is expressly accepted in writing by the Seller.
- Any variation, waiver or cancellation of the Buyer´s order shall be of no effect unless accepted in writing by the Seller. Where the Seller accepts cancellation the Seller may levy a handling charge of up to 10% of the price.
- Where the Buyer and the Seller agree to a variation in the quantity of the Goods, the Goods shall be priced either at the rate applicable to the original quantity or the revised quantity at the absolute discretion of the Seller.
- Where the Competition and Consumer Act 2010 (Cth) applies to supply, nothing in these terms of trade limits or affects the Buyer´s rights and remedies under that Act.
“Buyer” means the person, entity or any agent or representative of that person or entity that places an order.
“Goods” means the Goods purchased or ordered by the Buyer.
“GST” has the meaning given in A New Tax System (Goods and Services Tax) Act 1999.
“Order” means any order placed by the Buyer requesting the supply of Goods.
“Seller” means Crosstalk Records (ABN 45259514426) or any related body corporate as defined by the Corporations Act 2001.
- PRICE AND TERMS OF PAYMENT
- The Seller´s prices are subject to alteration without notice and the price payable by the Buyer for the Goods ordered shall be the price ruling at the date the Goods are despatched for delivery to the Buyer.
- The Seller´s prices are exclusive of taxes, duties and other imposts which, if chargeable are payable by the Buyer whether they are imposed or brought into force before or after acceptance of the Buyer´s order.
- If the Goods are exported the price and other moneys due by the Buyer shall be paid in Australian currency.
- All prices are strictly net of GST and unless otherwise stated in writing by the Seller on acknowledging the order, are due for payment on the 30th day of the month following the month in which the Goods (or any instalment of the Goods) are delivered.
- WARRANTY AND LIABILITY OF SELLER
- The Buyer indemnifies the Seller, the Seller's officers, the Seller's agents and the Seller's representatives against any loss, claim, demand, liability, damage or expense incurred by the Buyer or any third party arising out of or in connection with:
- any misuse of the Goods;
- any handling, storage or transport of the Goods;
- any act, omission or negligence of the Buyer;
- any breach by the Buyer of any agreement between the Buyer and the Seller;
- any representation by the Buyer as to how the Goods will be used; and
- any death or injury to any person due, either in whole or in part, to the act, omission or negligence of the Buyer.
- The Seller will not be liable to the Buyer for:
- losses arising from the supply, partial supply, non-supply or delay in supply of the Goods;
- unless otherwise agreed in writing, loss or damage arising from recommendations and suggestions provided to the Buyer;
- loss or damage if the Goods are not fit for the Buyer's or a third-party's purpose;
- loss or damage to the Goods arising out of the act, omission or negligence of the Buyer or its agent or representative;
- loss or damage due to the Buyer's misuse of the Goods; or
- loss or damage due to the Buyer's negligent handling of the Goods.
- To the fullest extent permitted by law, all terms, conditions, warranties and representations with respect to the Goods are hereby excluded and in no event shall the Seller be liable for any claims or damages including (but not limited to):
- any claims relating to the combination of the Goods with any other Goods, or special indirect or consequential damages including without limitation, loss of profits and damage suffered as a result of claims by any third party, such as a customer of the Buyer, or
- any claims arising out of work done by another party.
- any misuse of the Goods.
- any claims based on the warranty against defects, where the Buyer is not a “consumer” as defined in the Australian Consumer Law or regulations.
- any claims based on the warranty against defects, where Goods or Goods are purchased to be resold or transformed into a product which is resold.
- all liability to the Buyer in negligence or other non-contractual cause of action for acts or omissions of the Seller, its employees, agents and contractors arising out of or in connection with these conditions.
- Any claims based on damage to the Goods caused by storage or installation that has not been carried out in accordance with the Seller’s guidelines.
- Except as otherwise required by law, the liability of the Seller in respect of the Goods shall be limited, at the election of the Seller, to:
- the repair or replacement of the Goods; or
- the supply of equivalent Goods; or
- the payment of the cost of replacing the Goods where payment in full has been made by the Buyer within the warranty period of 12 months from date of supply of the Goods.
- In the event of the Goods or services being faulty or defective, the Buyer must advise the Seller in writing of the precise nature of the fault or defect, within the warranty period.
- In the event of a claim by the Buyer, the Seller undertakes to pay any reasonable costs incurred by the Buyer in returning the Goods to the Seller.
- Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) and which by law cannot be excluded, restricted or modified.
- The benefits provided to the Buyer by the abovementioned warranty against defects are in addition to any other rights and remedies available to the Buyer under the Australian Consumer Law and the Buyer’s attention is drawn to the following mandatory statement in accordance with the Australian Consumer Law:
- “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 for 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.”
- DAMAGE OR LOSS IN TRANSIT
Goods leaving the Seller´s premises are adequately packaged. Claims made for damage or loss in transit must be made against the carrier in the prescribed manner:
- Prior to acknowledging delivery to the carrier the Buyer must ensure that the complete consignment as per the carrier´s note has been received.
- Should there be a shortage or visible damage to outer packaging the carrier´s note must be endorsed accordingly.
- Within 7 days of receipt of consignment the Buyer must ensure that all products received is in good order and condition.