TERMS AND CONDITIONS OF SALE
In these terms and conditions:
1.1 “Products” means the good(s) (whether ‘made-to-order’ or customised goods manufactured by the Seller, ‘off-the-shelf’ or standard goods manufactured by the Seller or a 3rd party, and / or new or used goods) and or service(s) described overleaf.
1.2 “Seller” means Pizza Bags Australia.
1.3 “Buyer” means the purchaser of the Products specified overleaf
2. APPLICABILITY OF THESE TERMS AND CONDITIONS
2.1 These terms and conditions apply to all sales of Products by the Seller to the Buyer and constitute all the terms agreed between them to the exclusion of all other terms and conditions. Any conditions contained in any order or other document submitted by the Buyer are hereby expressly excluded.
2.2 The descriptions, illustrations and performances contained in the Seller’s catalogues, price lists and other advertising matter do not form part of the contract of sale of the Products or of the description applied to the Products. The Buyer accepts all responsibility for ensuring that the Products it selects at the time of purchase are fit for their intended purpose and releases the Seller from any responsibility over recommendations made by the Seller at or before the time of purchase.
3. PRICE AND PAYMENT
3.1 Prices quoted by the Seller are ex-Seller’s premises inclusive of GST and are subject to change at any time without notice and are not binding on the Seller.
3.2 Payment of the price of the Products (plus any applicable freight or delivery charges and GST and any other taxes, duties or imposts) must be made in clear funds at the times and in the manner described overleaf and in all cases must be fully made prior to delivery, installation or collection (unless otherwise agreed in writing by the Seller). If payment of a deposit is indicated as being required overleaf, the deposit shall be non-refundable to the extent permitted by law.
4. SHIPPING AND DELIVERY
4.1 Whilst the Seller will use all reasonable endeavours to meet proposed delivery times, the delivery times made known to the Buyer are estimates only given in good faith and the Seller is not liable for late delivery or non-delivery. The Seller is not liable for any loss, damage or delay (including consequential losses) occasioned to the Buyer or its customers arising from late or non-delivery or late installation of the Products.
4.2 Unless otherwise agreed in writing by the Seller, delivery terms shall be ex-Seller’s premises.
4.3 The Seller is not responsible to the Buyer or any person claiming through the Buyer for any loss or damage to the Products in transit caused by any event of any kind by any person (whether the Seller is legally responsible for the person who caused or contributed to that loss or damage). The Products are at the risk of the Buyer as soon as they are dispatched or collected from the Seller’s premises.
5. CHANGED OR DISCONTINUED PRODUCT
5.1 The Buyer acknowledges that over time, the Seller’s products may undergo update and revision. As a result, there may be some differences between what is supplied to the Buyer and the specifications and description of the Products at the time the Seller submits its quotation and or the time the Buyer submits its Order.
6.1 The Seller is not under any duty to accept Products returned by the Buyer and will do so only on terms determined by the Seller (including a 30% re-stocking fee for ‘off-the-shelf’ or standard Products) in each individual case.
6.2 Without limiting the generality of clause 8.1, in no case shall the Seller accept the return of Products which are ‘made-to-order’, customised, used or damaged, or have been sourced from overseas. Further, in the case of any Product, the Seller shall not accept any claim for return by the Buyer if the claim is not made within 7 days of delivery or collection of the Products.
6.3 If the Seller agrees to accept returned Products from the Buyer under clause 6.1, the Buyer must return the Products to the Seller at the Seller’s place of business.