Terms & Conditions
TERMS AND CONDITIONS
1. APPLICATION OF TERMS OF SALE American Body Art Pty Ltd A.C.N. 125 586 861 (Supplier) and the Buyer agree that all supply of Goods made by the Supplier to the Buyer will be made upon the condition that the following terms of sale apply to the exclusion of all other conditions and warranties in respect of all contracts of sale made between the Supplier and the Buyer. By placing orders for our products the purchaser acknowledges acceptance of our trading terms.
2. DEFINITIONS AND INTERPRETATION (1) In these Terms: (a) Buyer means the person identified in item 1 of the schedule as the Buyer; (b) Goods means goods supplied by the Supplier, the subject of a purchase order placed by the Buyer with the Supplier and accepted by the Supplier, in accordance with the Terms; (c) Insolvent includes bankrupt, insolvent, in receivership, in receivership and management, in liquidation, in provisional liquidation, under official management or any other form of administration, wound up, dissolved, subject to any arrangement, assignment or composition, protected from creditors under any statute, or in receipt of the benefit of any adjustment under statute of liabilities or of their enforcement and Insolvency has a corresponding meaning; (d) List Price means the most current price list of a product or item set out in the Supplier's list of prices; (e) Supplier means American Body Art Pty Ltd A.C.N. 125 586 861; (f) Terms means these printed Terms. (2) Unless the context otherwise requires: (a) References to a party to this deed includes the executors, administrators, successors and permitted assigns of that party; (b) References to any statute, ordinance or other law includes all regulations and other instruments thereunder and all consolidations, amendments, re-enactments or replacements thereof; (c) Words importing the singular include the plural and vice versa, words importing a gender include other genders and references to a person must be construed as references to an individual, firm, body corporate, association (whether incorporated or not), government and governmental, semi-governmental and local authority or agency; (d) Where any word or phrase is given a defined meaning in this deed, any other part of speech or other grammatical form in respect of such word or phrase has a corresponding meaning; (e) Headings included in this deed are for convenience only and must be disregarded in the construction of this deed. (f) The buyer may not advertise, market or sell any of the supplier’s goods outside the continent of Australia and this includes internet or telemarketing business.
3. ACCEPTANCE OF ORDER No binding contract is effected by the Buyer's acceptance of a quotation or offer made by Supplier until the Supplier confirms such contract by tax invoice or in writing. Any conditions attaching to an order contained in any written or printed document of the Buyer will not apply unless the Supplier accepts them in writing. The Supplier reserves the right to accept or decline to fulfil any order in whole or in part at any time notwithstanding that the Supplier has already accepted the order. An order confirmation from the Supplier to the Buyer is only a confimation of a request from the Buyer to purchase said goods from the Supplier. The Supplier has the right to request proof of such claims from the Buyer before acceptance of the order and a tax invoice is issued and goods are dispatched. The Supplier has the right to cancel the order if such proof cannot be provided by the Buyer in 24 hours and a 30% restock fee will be charged to the Buyer.
4. PRICES (1) All List Prices are subject to variation without notice. (2) Subject to clause 3, the Supplier accepts all orders on the condition that the Supplier will invoice the Goods supplied at the List Price.
5. PAYMENT (1) The Buyer must pay for the Goods supplied within seven (7) days from the end of month statement (the "Due Date"). (2) The Buyer must pay the invoice by cheque, bank transfer (SEE details in Item 2 of the Schedule) or credit card. If the Buyer requests the Supplier to collect payment from the Buyer's premises, the Supplier may charge to the Buyer an amount of $50.00. This fee will be invoiced to the Buyer on the Supplier's next invoice to the Buyer. (3) The Buyer must pay for the Goods supplied without deduction of any moneys due or allegedly due by the Supplier to the Buyer, unless such deduction is made with the Supplier's prior written consent. (4) Dishonoured cheques will incur a bank charge of $30. (5) Post dated cheques will not be accepted
6. DEFAULT If the Buyer fails to pay for any invoice on or before the Due Date, the Supplier may: (1) Require payment by cash upon supply of any further order; (2) Require the Buyer to pay interest at the Westpac Bank daily lending rate or such other rate as may be determined by the Supplier from time to time, calculated on daily rests on any monies due but unpaid, such interest to be computed from the Due Date. The Buyer and the Supplier agree that such interest and all such charges will be payable on demand; (3) Credit any amount paid by the Buyer after the Due Date for any invoice against any interest and administration charges due and payable; (4) Claim from the Buyer for all costs relating to any action taken by the Supplier to recover monies or goods due from the Buyer including any legal costs and disbursements on a solicitor/client basis and such costs will be part of the indebtedness of the Buyer to the Supplier; and (5) Cease any further supply of Goods ordered to the Buyer and to terminate any orders accepted by the Supplier that have not been performed.
7. FREIGHT AND INSURANCE (1) The Supplier will arrange for the Goods to be placed with a carrier with a completed consignment note or other documentation required for carriage of the Goods to the nominated place(s) for delivery subject to the following terms: The Buyer bears all risks of loss of or damage of the Goods to be supplied from the time the Goods have been handed to a carrier by the Supplier for delivery to the Buyer's nominated place of delivery; (a) The Supplier is under no obligation to arrange for insurance against the risks of carriage involved in the contract of carriage to the place(s) for delivery. The Supplier will only arrange for such insurance if the Buyer so requests at the time the order is made with the Supplier by the Buyer. (2) All freight and insurance costs shall be paid by the Buyer.
8. DELAYS IN DELIVERY The Supplier is not liable for any failure to provide or delay in supply of any Goods. Without limiting the generality of the foregoing, the Supplier does not accept responsibility for delays arising from strikes, accidents or other contingencies beyond the control of the Supplier.
9. CLAIMS, RETURNS OR CANCELLATION OF ORDERS (1) The Buyer must make claims for short supply, loss or damage by telephone within 24 hours from the date of delivery of the Goods by the Supplier to the Buyer. (2) The Buyer cannot return or cancel an order unless such action is authorised in writing by the Supplier. (3) The Supplier will not accept returns of Goods purchased by the Buyer more than 30 days from the date of invoice. (4) If the Supplier authorises the return or cancellation of an order, the Supplier will charge an administration fee of an amount of 15% of the value of the Goods ordered. (5) In the event that the Goods returned have been paid by the Buyer, any credit balance shall only be redeemed with stock or the next order placed with the Supplier. (6) If the Buyer has not adhered to these Terms, the Supplier may terminate any contract arising upon the Supplier accepting an order placed by the Buyer, without compensation to the Buyer. (7) Due to health department regulations the Supplier cannot exchange or credit incorrectly ordered items. (8) The Supplier will not warrantee or replace any items damaged by misuse or abuse. Used returns are not accepted.
10. BUYER'S REPRESENTATIVE (1) Any request made by or on behalf of the Buyer or by any employee or any officer of the Buyer to change the name or designation of the account of the Buyer with the Supplier or to alter the method of operation of such account will not affect or discharge the liability of the Buyer to the Supplier. (2) The Buyer acknowledges that any act done or omitted to be done by any employee, shareholder, director or other officer of the Buyer will, so far as the Supplier is concerned, at the option of the Supplier, be binding upon the Buyer. Without limiting the generality of the foregoing, each employee, shareholder, director and other officer of the Buyer is deemed to have authority to place orders for the supply of Goods by the Buyer from the Supplier.
11. RETENTION OF TITLE (1) Not withstanding any other term or condition, the Goods and any other products delivered by the Supplier to the Buyer shall remain the sole and absolute property of the Supplier as legal and equitable owner until such time as all money due to the Supplier has been paid to the Buyer by a bona fide third party purchaser but shall be at the Buyer's risk from the time of delivery to it. (2) The Buyer acknowledges that it is in possession of all such goods as bailee for the Supplier until such time as they are delivered to a bona fide third party purchaser under these Terms. (3) Until delivery to a purchaser the Buyer undertakes to store such goods on its premises separately from its own goods or those of any other person and in a manner which makes them readily identifiable as the Supplier's goods. (4) In the event that the goods are resold by the Buyer before the Buyer has paid all monies to the Supplier, the proceeds of such resale to the extent of the amount owing to the Supplier shall be held on trust for the Supplier. (5) The Buyer's right to possession of such goods shall cease if it does anything or fails to do anything which would entitle a receiver to take possession of any assets or which would entitle any person to present a petition for the winding up of the Buyer. (6) The Supplier may for the purpose of examination or recovery of its goods enter upon any premises where they are stored or where they are reasonably thought to be stored. (7) Upon delivery of the goods the Buyer accepts all risk of loss or damage whatsoever caused to the goods, whether caused by the Buyer or not and indemnifies and shall keep indemnified the Supplier against all claims, suits, demands, actions, costs, expenses and damage whatsoever caused by in connection with or arising out of the handling transport storage display use loss or sale of the goods after delivery of the goods to the Buyer. (8) The Buyer warrants that it is not at the time of entering into this agreement insolvent and knows of no circumstances which would entitle any creditor to appoint a receiver or to petition for winding up or to exercise any other rights over or against its assets. (9) These provisions relating to title shall apply notwithstanding any agreement or arrangement, whether part of these Terms or otherwise, pursuant to such the Supplier may give credit to the Buyer. (10) All and any supply of cabinet/s and display/s provided by the Supplier to the Buyer remains the property of the Supplier. Only products from the Supplier may be showcased in the cabinet/s and on the display/s. If the Buyer showcases or displays products not approved by the Supplier in the cabinet/s or display/s, the Supplier has the right to withdraw the cabinet/s and or display/s at any time from the Buyers premises. The Buyer will be liable to any damage caused to the cabinet/s or display/s while in their possession. The Buyer must notify the Supplier 14 days prior if they no longer require the cabinet/s or display/s provided by the Supplier.
12. RISK Loss or damage suffered by the Buyer after the supply of the Goods by the Supplier does not discharge the Buyer from the obligation to pay for the Goods unless the loss or damage is due to the default or negligence of the Supplier.
13. LIMIT OF LIABILITY (1) The Supplier gives no warranty in relation to the supply of the Goods. (2) The Buyer acknowledges that the Buyer has not relied upon any representation or warranty made by or on behalf of the Supplier in relation to the supply of the Goods ordered. (3) The Trade Practices Act 1974 and certain State and Territory legislation may imply certain conditions and warranties into this contract for the benefit of the Buyer. To the extent permitted by law: (a) such conditions and warranties are expressly excluded; and (b) the Supplier's liability if any arising from the breach of such conditions and warranties is limited to the re-supply of the Goods. (4) The Supplier does not undertake any liability for any loss or damage to persons or property of any nature or due to any cause or for any amount as a result, direct or indirect, of any defect, deficiency or discrepancy in Goods supplied by the Supplier. Subject to the warranties supplied by statute which cannot be negatived, it is the Buyer's responsibility to ensure that any Goods ordered are sufficient and suitable for the Buyer's purpose.
14. WHOLE CONTRACT (1) Any advice, recommendation, information or representation provided by the Supplier as to quality of the Goods is given in good faith but without any liability or responsibility on the part of the Supplier. The Buyer acknowledges that it has not relied upon or been induced by any representation by the Supplier not expressly set out in its price list or the Terms. (2) These Terms contain the whole contract between the Supplier and the Buyer and no variation of these Terms is binding on the Supplier unless in writing signed by the Supplier. The Supplier supplies the Goods only on these Terms to the exclusion of anything to the contrary in the Buyer's order notwithstanding that any such order is placed on such terms as purport to override these Terms.
15. INDEMNITY The Buyer must indemnify and keep indemnified the Supplier in respect of all costs, charges, interest and expenses (including legal costs as between legal and own client) incurred by the Supplier in enforcing or attempting to enforce all or any of the rights, powers or remedies of the Supplier arising pursuant to these Terms or otherwise arising in connection with the collection or any attempt to collect any money or in the future due or owing by the Buyer to the Supplier.
16. GOVERNING LAW This Contract is governed by the laws of the State of Victoria and each party submits to the non-exclusive jurisdiction of the courts in that State.
17. ONLINE PAYMENTS: All online payments are processed using ANZeGate and PayPal srvices.