Schedule 1 – Sales Conditions (including Returns Policy)
1. In these conditions (Sales Conditions):
- 1. Seller means Sola-Shade Pty Ltd t/as Super Blinds Mart (ACN 003 758 558), 125 Stirling Highway, Nedlands, WA 6009, Australia being the supplier of the Goods and Services.
- 2. Buyer means the purchaser of the Goods and Services.
- 3. Goods and Services means the products and services ordered by the Buyer through the Website and specified on the Invoice.
- 4. Invoice means the document issued by the Seller pursuant to an order for Goods and Services by the Buyer and which incorporates these Sales Conditions.
- 5. Website means the website found at superblindsmart.com.au.
2. These Sales Conditions are the only conditions upon which the Seller will accept orders for Goods and Services and can only be waived in writing signed by the Seller.
Order for Goods and Services
3. All orders for Goods and Services:
- 1. must be placed through the Seller’s online ordering facility made available through the Website or by other means agreed with the Seller in writing; and
- 2. will be confirmed through email or other means of communication between the Seller and Buyer.
4. Any description of Goods or Services in any document or literature created by the Seller is for identification only. Such description does not make an order a contract for the sale of goods or services by description.
5. Any sample of Goods provided by the Seller to the Buyer is provided as an example only. Such sample does not make an order a contract for the sale of goods by sample
6. All specifications, drawings, particulars of weights and dimensions relating to Goods ordered are approximate only. Any deviation from such things does not invalidate any contract with the Seller or form grounds for any claim against the Seller.
7. The Buyer acknowledges that variations in the specifications, materials and/or source of Goods may occur from time to time. The Buyer agrees to accept the Goods as varied, irrespective of whether the Buyer was notified before delivery of such varied Goods.
8. No order may be cancelled except with the consent in writing of the Seller and on terms which will indemnify the Seller against all losses incurred by the Seller as a result of such cancellation.
Price and Payment
9. The Buyer will pay the price for Goods and Services ordered in accordance with the prices shown on the Invoice relating to such order.
10. The Seller reserves the right to adjust the prices of Goods and Services to account for any fluctuations in prices occurring between the time the Buyer places an order for Goods and Services and the time at which the Invoice is issued.
11. Where specifications, drawings or other particulars relating to Goods are supplied by the Buyer, the price of such Goods (other than the price specified in an Invoice) is an estimate only. If there are any adjustments to price required by the Seller resulting from specifications, drawings or other particulars relating to Goods are supplied by the Buyer, then any such adjustments will be made prior to or at the time an Invoice is issued.
12. Unless otherwise stated all prices quoted by the Seller are net, exclusive of Goods and Services Tax (GST).
13. Payment of the price of the Goods and Services plus GST must be made immediately following an order for Goods and Services unless other payment terms are agreed to in writing.
14. Unless agreed with the Buyer in writing, the Seller has discretion over what form of transport and which carrier to use to deliver the Goods to the Buyer.
15. All freight charges, insurance costs and other costs for transporting Goods to the Buyer will be met by the buyer.
16. Any delivery times advised to the Buyer by the Seller are estimates only.
17. The Seller is not responsible for:
- 1. late delivery or non-delivery; and
- 2. any loss or damage incurred by the Buyer arising from late or non-delivery.
18. Unless agreed with the Buyer in writing, the Seller may at its discretion deliver the Goods to the Buyer in any number of instalments. If the Seller delivers any of the Goods by instalments, and any one of those instalments is defective for any reason:
- 1. it is not a repudiation of the contract of sale formed by these Sales Conditions; and
- 2. the Seller will be afforded an opportunity to make good the defective instalment; and
- 3. no defective instalment gives rise to a claim for compensation by the Buyer.
19. The Seller is not responsible to the Buyer or any person claiming through the Buyer for any loss or damage to Goods caused in transit by any event of any kind by any person (whether or not the Seller is legally responsible for the person who caused or contributed to that loss or damage).
20. The Seller must provide the Buyer with such assistance as may be necessary to press claims on carriers so long as the Buyer:
- 1. has notified the Seller and the carriers in writing immediately after loss or damage is discovered in respect of the Goods; and
- 2. lodges a claim for compensation on the carrier within three (3) months of the date of receipt of the Goods.
21. All claims for transport damage are required to be reported to us within 72 hours of receipt of goods.
Limitation of Liability
21. Any indications of performance expressed by the Seller in relation to Goods or Services are estimates only. The Seller is under no liability for damages for failure of the Goods to attain such levels of performance unless specifically guaranteed in writing. Any written guarantees are subject to the reasonable tolerances applicable to such Goods or Services.
22. If the Goods are not manufactured by the Seller the Buyer accepts that any claims in relation to the Goods are limited by the warranty of the manufacturer. The Seller’s liability for Goods is otherwise limited to making good any defects in the Goods by repairing the defects or at the Seller’s option by replacement, within a period not exceeding twelve (12) months after the Goods have been dispatched so long as:
- 1. defects have arisen solely from faulty materials or workmanship;
- 2. the Goods have not received maltreatment, inattention or interference;
- 3. accessories of any kind used by the Buyer are manufactured by or approved by the Seller for use with the Goods;
- 4. the seals of any kind on the Goods remain unbroken; and
- 5. the defective parts are promptly returned to the Seller at the Seller’s cost.
23. Unless its inclusion is mandated by law and except as provided in these Sales Conditions, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the Goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded. In particular, none of the Sale of Goods (Vienna Convention) Act 1986 (WA) or any of its other State or Territorial equivalents, or the United Nations Convention on Contracts for the International Sale of Goods apply to sales contemplated under these Sale Conditions.
24. The seller is not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, installation or operation of the Goods or arising out of the Seller’s negligence or in any way whatsoever.
25. The seller’s liability for a breach of a condition or warranty implied by the Australian Consumer Law or any other law relating to the sale of goods or provision of services is limited to:
1. in the case of goods, any one or more of the following:
- 1. the replacement of the goods or the supply of equivalent goods;
- 2. the repair of the goods;
- 3. the payment of the cost of replacing the goods or of acquiring equivalent goods;
- 4. the payment of the cost of having the goods repaired; or
2. in the case of services:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
Risk and Title
26. All title in the Goods remains with the Seller until the Seller has been paid in full for the Goods. While the Goods remain the property of the Seller, the Buyer agrees that it:
- 1. has no right or claim to any interest in the Goods to secure any liquidated or unliquidated debt or obligation the Seller owes to the Buyer; and
- 2. cannot claim any lien over the Goods.
27. All risk of loss or damage to the Goods passes to the Buyer from the time that the Goods are handed over by the Seller to the first carrier for transport to the Buyer.
28. Any question of ownership arising in relation to the Goods shall be resolved in favour of the Seller unless established otherwise by the Buyer.
29. The Seller is under no duty to accept Goods returned by the Buyer for any reason (except where defective) and will do so only on terms to be agreed in writing in each individual case.
30. If the Seller agrees to accept returned Goods from the Buyer under paragraph 29 (or if the Goods are returned on the basis that they are defective), the Buyer must return the Goods to the Seller at the Seller’s place of business referred to at the top of these Sales Conditions at the Seller’s cost.
31. The contract for sale of the Goods is made in the State of Western Australia, Australia. The parties submit all disputes arising between them to the courts of that State and any courts of appeal from them.