VENUS HARTUNG PTY LTD
TERMS AND CONDITIONS OF TRADE
1. Definitions
In these Terms:
ACL means the Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth) and its associated Regulations as amended;
Agreement means any agreement for the provision of goods by the Supplier to the Customer;
consumer is as defined in the ACL and in determining if the Customer is a consumer, the determination is made if Customer is a consumer under the Agreement;
Customer means the person, jointly and severally if more than one, acquiring goods from the Supplier;
goods means goods supplied by the Supplier to the Customer including on consignment ;
GST means the Goods and Services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth) and its associated Regulations as amended;
Supplier means Venus Hartung Pty Ltd (ABN 63 004 781 462); and
Terms means these Terms and Conditions of Trade.
2. Basis of Agreement
2.1. Unless otherwise agreed by the Supplier in writing, the Terms apply exclusively to every Agreement and cannot be varied or replaced by any other terms, including the Customer’s terms and conditions of purchase (if any).
2.2. An Agreement is accepted by the Supplier when the Supplier accepts verbally, or in writing, an offer from the Customer or provides the Customer with the goods.
2.3. The Supplier may refuse to accept any offer.
2.4. The Customer must provide the Supplier with its specific requirements, if any, in relation to the goods.
3. Pricing
3.1. Prices quoted for the supply of goods exclude GST and any other taxes or duties imposed on or in relation to the goods.
3.2. If the Customer requests any variation to the Agreement, the Supplier may increase the price to account for the variation.
3.3. Where there is any change in the costs incurred by the Supplier in relation to goods, the Supplier may vary its price to take account of any such change, by notifying the Customer.
4. Payment
4.1. Full payment for the goods must be paid to the Supplier at the time of, or prior to, the delivery of the goods to the Customer.
4.2. The time for payment is of the essence.
5. Passing of Property including consignment stock
5.1. Goods supplied on consignment at all times remain the property of the supplier until they are sold, at which time the provisions of clause 5.2 are applicable
5.2. Until the Supplier receives full payment in cleared funds for all goods supplied by it to the Customer, as well as all other amounts owing to the Supplier by the Customer, title and property in all goods remains vested in the Supplier and does not pass to the Customer.
6. Risk and Insurance
6.1. The risk in the goods and all insurance responsibility for theft, damage or otherwise will pass to the Customer immediately on the goods being delivered to the Customer or taken from the Supplier’s premises.
6.2. The goods are sold to the Customer on the basis that the Customer has obtained all necessary licenses or permits under all relevant laws and regulations in relation to the goods.
6.3. The Customer assumes all risk and liability for loss, damage or injury to persons or to property of the Customer, or third parties arising out of the use, installation or possession of any of the goods sold by the Supplier, unless recoverable from the Supplier on the failure of any statutory guarantee under the ACL.
7. Performance and Delivery
7.1. Any period or date for delivery of the goods stated by the Supplier is an estimate only and not a contractual commitment. The Supplier will use its reasonable endeavours to meet any estimated dates for supply of the goods but will not be liable for any loss or damage suffered by the Customer or any third party for failure to meet any estimated date, except to the extent of any liability under the ACL.
8. Delivery
8.1. Subject to clause 8.8, the Supplier will arrange for the delivery of the goods to the Customer.
8.2. The Customer is responsible for all costs associated with delivery, including freight, insurance and other charges arising from the point of dispatch of the goods to the Customer to the point of delivery.
8.3. A processing charge to cover packing, handling and delivery of orders will be applied on each invoice where the order is below a minimum value. The amount of the fright surcharge and the minimum order value will be determined by the Company and revised from time to time.
8.4. Where the Company offers free into store prices, a freight surcharge will apply on all orders where the value of the goods is below a minimum amount. The amount of the freight surcharge and the minimum order value will be determined by the Company and revised from time to time
8.5. The Supplier may make part delivery of goods or provision of services and the Supplier may invoice the Customer for the goods or services provided.
8.6. The Customer indemnifies the Supplier against any loss or damage suffered by the Supplier, its sub-contractors or employees as a result of delivery, except where the Customer is a consumer and the Supplier has not used due care and skill.
8.7. If delivery is attempted and is unable to be completed the Customer is deemed to have taken delivery of the goods. The Customer is liable for storage charges payable monthly on demand.
8.8. If agreed that the Customer will collect the goods:
(a) the Customer must collect the goods with seven days of being advised they are ready;
(b) if the Customer does not collect the goods within this time, the Customer is deemed to have taken delivery of the goods and is liable for storage charges payable monthly on demand.
9. Liability
9.1. Except as the Terms specifically state, or as contained in any express warranty provided in relation to the goods, the Agreement does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or any contractual remedy for their failure.
9.2. If the Customer is a consumer nothing in these Terms restricts, limits or modifies the Customer’s rights or remedies against the Supplier for failure of a statutory guarantee under the ACL.
9.3. Other than as stated in these Terms or in any warranty statement, the Supplier is not liable in any way arising under or in connection with the sale, installation, use or, storage or any other dealings with the goods by the Customer or any third party, except to the extent of any liability under the ACL.
9.4. The Supplier is not liable for any indirect or consequential losses or expenses suffered by the Customer or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party, except to the extent of any liability imposed by the ACL.
9.5. Nothing in the Terms is to be interpreted as excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods which cannot be so excluded, restricted or modified.
10. Shortages and Exchanges
10.1. Subject to clause 10.2 and 10.5, the Supplier will not be liable for any shortages, damage or non-compliance with the specifications in the Agreement unless:
(a) subject to subclause 10.1(b), the Customer notifies the Supplier with full details and description within 14 days of receipt of the goods; or
(b) in respect of all goods comprising packaging materials (including, without limitation, poly bags, self-adhesive tapes and netting bags), the Customer notifies the Supplier with full details and description within 6 months of receipt of the goods,
otherwise the Customer is deemed to have accepted the goods.
10.2. When any shortages, claim for damaged goods or non-compliance with the Agreement specifications is accepted by the Supplier, the Supplier may, at its option, replace the goods, or refund the price of the goods.
10.3. Subject to clauses 10.5 and 10.6, the Supplier will not under any circumstances accept goods for return that:
(a) have been specifically produced, imported or acquired to fulfil the Agreement;
(b) are discontinued goods or no longer stocked by the Supplier;
(c) have been altered in any way;
(d) have been used;
(e) are not in their original condition and packaging; or
(f) are not accompanied by proof of purchase, such as a receipt or a credit card statement.
10.4. Freight costs in respect to returns or exchanges will not be accepted by the company without prior arrangement and consent
10.5. If the Customer returns or exchanges any goods following an incorrect order of the Customer, the Supplier may require the Customer to pay the following re-stocking charge.
(a) Within 30 days of invoice date-10%of value of goods
(b) 30 to 120 days from invoice date-25% of value of goods
10.6. If the Customer is a consumer, nothing in this clause 10 limits any remedy available for a failure of the guarantees in sections 56 and 57 of the ACL.
11. Miscellaneous
11.1. The law of Victoria from time to time governs the Terms.
11.2. The Supplier’s failure to enforce any of these Terms shall not be construed as a waiver of any of the Supplier’s rights.
11.3. If a clause is unenforceable it must be read down to be enforceable or, if it cannot be read down, the term must be severed from the Terms, without affecting the enforceability of the remaining terms.
