STANDARD TERMS & CONDITIONS OF SALE
('this agreement')
In this Agreement, the 'Customer' means any person who places an Order with SupplyShop; the 'Goods' means any items sold or supplied by SupplyShop under an Order; 'SupplyShop' means Montalto Distribution Trading as SupplyShop, a registered business name with (ABN 63 844 502 631) of 4 Spring Street, Mittagong, NSW 2575; 'Order' means any request or order to purchase the Goods, and; the 'Parties' refers to the Customer and SupplyShop.
1. Validity
1.1 This Agreement is the only form of contract between the Parties and any Customer terms and conditions will not apply unless expressly agreed in writing. By submitting an Order, whether through the SupplyShop website, the Customer agrees to apply the terms and conditions of this Agreement in priority over any other agreement between the Parties except previously agreed SupplyShop Credit Account terms and conditions which, where conflict arises, take precedence over this Agreement.
1.2 Any Order is subject to acceptance by SupplyShop. SupplyShop is not obliged to accept any Order or to justify refusal of the same. Receipt of payment for Goods by SupplyShop does not in itself constitute acceptance by SupplyShop of the Order.
1.3 SupplyShop may vary the terms and conditions of this Agreement from time to time by publishing new terms and conditions on the SupplyShop website.
1.2 Any Order is subject to acceptance by SupplyShop. SupplyShop is not obliged to accept any Order or to justify refusal of the same. Receipt of payment for Goods by SupplyShop does not in itself constitute acceptance by SupplyShop of the Order.
1.3 SupplyShop may vary the terms and conditions of this Agreement from time to time by publishing new terms and conditions on the SupplyShop website.
2. Goods being Sold
2.1 Descriptions and specifications for the Goods are set out on the SupplyShop website at the time of the Order or the SupplyShop catalogue from which the Order is placed provided the catalogue is current at the time of the Order.
2.2 If any Goods are unavailable or out of stock then SupplyShop may cancel the Order in whole or in part and refund any monies paid, issue a credit note or otherwise vary the Order with the Customer's approval.
2.3 Customers placing Orders for age-restricted goods such as solvents and knives confirm that they are over 18 years of age and that delivery will be accepted by a person over 18 years of age.
2.2 If any Goods are unavailable or out of stock then SupplyShop may cancel the Order in whole or in part and refund any monies paid, issue a credit note or otherwise vary the Order with the Customer's approval.
2.3 Customers placing Orders for age-restricted goods such as solvents and knives confirm that they are over 18 years of age and that delivery will be accepted by a person over 18 years of age.
3. Terms of Payment and Payment Methods
3.1 Current prices for Goods are available on the SupplyShop website or its latest catalogue. Prices may change from time to time. Occasionally, there may be a difference in price between the SupplyShop website and its catalogue. SupplyShop is under no obligation to honour a website price if the Order is placed through the catalogue. SupplyShop is under no obligation to honour prices advertised in old catalogues. A delivery and/or insurance charge may be payable in addition to the price of the Goods which will be notified to the Customer before the Customer submits the Order. All prices are quoted in Australian Dollars.
3.2 Unless otherwise stated, all prices quoted exclude GST. GST will be charged in accordance with the relevant regulations in force at the time of the Order.
3.3 Occasionally an error may cause the price published or advertised for Goods to be incorrect, in which case SupplyShop will be under no obligation to honour the incorrect price.
3.4 Payment for Goods and Delivery may be made by any of the options listed on the SupplyShop website or catalogue.
3.5 SupplyShop reserves the right to charge interest on late or overdue payments by the Customer.
3.6 All Orders may be subject to further credit or security checks.
3.7 SupplyShop's Price Match applies to any lower published price for a like-for-like product offered on the same terms in Australia. Like-for-like means Goods should be the same brand and specification. The goods must be offered with the same delivery service and warranty as SupplyShop's and the competitor must have stock availability at the time of ordering. The price will not be matched where there are 'hidden extras' such as delivery charges. In order to qualify, the price must be published in writing.
3.2 Unless otherwise stated, all prices quoted exclude GST. GST will be charged in accordance with the relevant regulations in force at the time of the Order.
3.3 Occasionally an error may cause the price published or advertised for Goods to be incorrect, in which case SupplyShop will be under no obligation to honour the incorrect price.
3.4 Payment for Goods and Delivery may be made by any of the options listed on the SupplyShop website or catalogue.
3.5 SupplyShop reserves the right to charge interest on late or overdue payments by the Customer.
3.6 All Orders may be subject to further credit or security checks.
3.7 SupplyShop's Price Match applies to any lower published price for a like-for-like product offered on the same terms in Australia. Like-for-like means Goods should be the same brand and specification. The goods must be offered with the same delivery service and warranty as SupplyShop's and the competitor must have stock availability at the time of ordering. The price will not be matched where there are 'hidden extras' such as delivery charges. In order to qualify, the price must be published in writing.
4. Delivery
4.1 Full delivery prices and options are listed on the SupplyShop website or catalogue and are subject to change from time to time.
4.2 Offshore/remote deliveries will attract higher delivery prices and delivery times will be longer, depending on the delivery location.
4.3 SupplyShop will use reasonable endeavours to ensure its delivery agents meet delivery estimates. However SupplyShop cannot be held liable for any delay in delivery.
4.4 Risk in the Goods transfers to the Customer at the time of delivery but title not pass until payment has been made in full for the Goods in question.
4.5 Goods delivered are used, stored and installed at the Customer's own risk and SupplyShop will not be liable for any damage, loss or disruption caused by the same. Where installation/disconnection services have been ordered by the Customer, further charges, terms and conditions may apply as communicated by SupplyShop to the Customer before delivery.
4.6 All large machinery, refrigeration and flat packed Goods are delivered to kerbside locations only. The delivery person/driver may at his/her discretion assist with delivering the Goods to a location within the premises nominated by the Customer, at the Customer's sole risk.
4.7 If (i) the Customer will not or does not accept delivery when the Goods are ready for delivery or (ii) SupplyShop or its agent cannot effect delivery because SupplyShop or its agent considers at the time of delivery that delivery would be hazardous or would be contrary to their policies, industry practice or statutory requirements or (iii) because the Customer has not provided SupplyShop with appropriate instructions, documents, licences or authorisations to properly, legally and safely effect delivery of the Goods, risk in the Goods passes to the Customer, the Goods will be deemed delivered, and SupplyShop may store the Goods until actual delivery, in which case, the Customer will be liable to SupplyShop for all related costs, such as re-delivery charges, storage and insurance.
4.2 Offshore/remote deliveries will attract higher delivery prices and delivery times will be longer, depending on the delivery location.
4.3 SupplyShop will use reasonable endeavours to ensure its delivery agents meet delivery estimates. However SupplyShop cannot be held liable for any delay in delivery.
4.4 Risk in the Goods transfers to the Customer at the time of delivery but title not pass until payment has been made in full for the Goods in question.
4.5 Goods delivered are used, stored and installed at the Customer's own risk and SupplyShop will not be liable for any damage, loss or disruption caused by the same. Where installation/disconnection services have been ordered by the Customer, further charges, terms and conditions may apply as communicated by SupplyShop to the Customer before delivery.
4.6 All large machinery, refrigeration and flat packed Goods are delivered to kerbside locations only. The delivery person/driver may at his/her discretion assist with delivering the Goods to a location within the premises nominated by the Customer, at the Customer's sole risk.
4.7 If (i) the Customer will not or does not accept delivery when the Goods are ready for delivery or (ii) SupplyShop or its agent cannot effect delivery because SupplyShop or its agent considers at the time of delivery that delivery would be hazardous or would be contrary to their policies, industry practice or statutory requirements or (iii) because the Customer has not provided SupplyShop with appropriate instructions, documents, licences or authorisations to properly, legally and safely effect delivery of the Goods, risk in the Goods passes to the Customer, the Goods will be deemed delivered, and SupplyShop may store the Goods until actual delivery, in which case, the Customer will be liable to SupplyShop for all related costs, such as re-delivery charges, storage and insurance.
5. Warranties and Returns
5.1 Goods delivered may be returned for a refund, exchange or replacement within 30 days provided they are returned unused, in a saleable condition and in their original packaging. Certain large or bulky items may be subject to a restocking fee. Certain Goods cannot be returned for hygiene purposes. Certain Goods such as knives must be returned in adequate postal packaging for health and safety reasons. Certain last-in-line or special-to-order Goods may also be non-returnable. Those Goods will be flagged accordingly on the SupplyShop website or catalogue. The cost of returns may be refunded in whole or in part to the Customer at SupplyShop's discretion. Customer must contact SupplyShop for a returns authorisation number and send their goods back to SupplyShop head office within 30 days.
5.2 Goods that are damaged on delivery must be reported to SupplyShop within 24 hours. Large Goods such as fridges must be visually inspected by the Customer on delivery for damage and an acceptance of delivery docket completed noting any damage that resulted from delivery. Goods that are missing, delivered faulty or defective by SupplyShop may be replaced, repaired, refunded or exchanged at SupplyShop's discretion provided SupplyShop is informed in writing within 28 days. Certain Goods may be disposed of in accordance with SupplyShop safety instructions for replacement, refund or exchange with SupplyShop's prior approval.
5.3 All customers arranging their own collections (whether personally or their own courier) are required to check order and packaging thoroughly before departure. All responsibility for condition will be transferred from SupplyShop to customer at this point in time.
5.4 Clauses 5.1 and 5.2 above do not apply to any defect in the Goods caused by the fault, negligence or failure of the Customer to adhere to manufacturer instructions. Engineer call-outs and repairs carried out on non-warranty faults or defects may be subject to further charges. No Goods will be sold on a 'sale or return' basis without the prior written approval of SupplyShop.
5.5 Statutory rights for Customers placing Orders under $40,000 as private consumers for personal, domestic or household use (as defined by law) are not affected.
5.2 Goods that are damaged on delivery must be reported to SupplyShop within 24 hours. Large Goods such as fridges must be visually inspected by the Customer on delivery for damage and an acceptance of delivery docket completed noting any damage that resulted from delivery. Goods that are missing, delivered faulty or defective by SupplyShop may be replaced, repaired, refunded or exchanged at SupplyShop's discretion provided SupplyShop is informed in writing within 28 days. Certain Goods may be disposed of in accordance with SupplyShop safety instructions for replacement, refund or exchange with SupplyShop's prior approval.
5.3 All customers arranging their own collections (whether personally or their own courier) are required to check order and packaging thoroughly before departure. All responsibility for condition will be transferred from SupplyShop to customer at this point in time.
5.4 Clauses 5.1 and 5.2 above do not apply to any defect in the Goods caused by the fault, negligence or failure of the Customer to adhere to manufacturer instructions. Engineer call-outs and repairs carried out on non-warranty faults or defects may be subject to further charges. No Goods will be sold on a 'sale or return' basis without the prior written approval of SupplyShop.
5.5 Statutory rights for Customers placing Orders under $40,000 as private consumers for personal, domestic or household use (as defined by law) are not affected.
6. Termination
6.1 SupplyShop reserves the right, by notice to the Customer, to cancel or suspend any Order where payment has not been received in accordance with clause 3 above.
6.2 SupplyShop reserves the right to terminate this Agreement if the Customer cannot pay its debts or becomes bankrupt or has a winding-up order made or an administrator, liquidator, receiver or similar is appointed over the whole or a substantial part of the assets and undertaking of the Customer.
6.3 SupplyShop reserves the right to suspend or terminate performance of this Agreement where delivery or supply of the Goods and/or performance of this Agreement is affected by reasons out of SupplyShop's reasonable control such as force majeure, act of God, adverse weather and government intervention, sanction or legislation.
6.4 SupplyShop reserves the right to cancel any Order where it is reasonably suspected that the Customer is not legally permitted to purchase any Goods specified in the Order (such as solvents and knives).
6.2 SupplyShop reserves the right to terminate this Agreement if the Customer cannot pay its debts or becomes bankrupt or has a winding-up order made or an administrator, liquidator, receiver or similar is appointed over the whole or a substantial part of the assets and undertaking of the Customer.
6.3 SupplyShop reserves the right to suspend or terminate performance of this Agreement where delivery or supply of the Goods and/or performance of this Agreement is affected by reasons out of SupplyShop's reasonable control such as force majeure, act of God, adverse weather and government intervention, sanction or legislation.
6.4 SupplyShop reserves the right to cancel any Order where it is reasonably suspected that the Customer is not legally permitted to purchase any Goods specified in the Order (such as solvents and knives).
7. Limitation of Liability
7.1 The Customer agrees that SupplyShop will not be liable for any losses or damage suffered by the Customer including but not limited to loss of business, business interruption or loss of time, due to the use or purchase of the Goods by the Customer. Nothing in this Agreement shall exclude SupplyShop's statutory liability for injury or death.
7.2 Goods sold are not insured for delivery unless confirmed as insured by SupplyShop on acceptance of the Order.
7.2 Goods sold are not insured for delivery unless confirmed as insured by SupplyShop on acceptance of the Order.
8. Intellectual Property Rights and Confidentiality
8.1 Goods sold or supplied by SupplyShop may be subject to copyright (whether owned by SupplyShop or a third party) and the Customer covenants not to breach, infringe or prejudice any intellectual property and copyright associated with the Goods without approval. The Customer agrees to indemnify and hold SupplyShop harmless for any breach of said covenant.
8.2 The Customer's data protection and privacy rights under this Agreement are set out in SupplyShop's privacy policy (available on the SupplyShop website).
8.2 The Customer's data protection and privacy rights under this Agreement are set out in SupplyShop's privacy policy (available on the SupplyShop website).
9. Jurisdiction
9.1 This Agreement is governed by the law of New South Wales and the Parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
9.2 Any right or obligation contained in this Agreement will be distinct and severable and if one or more of the same are declared invalid, illegal, void or unenforceable then the remainder will continue in force and effect to the fullest extent permissible by law.
9.2 Any right or obligation contained in this Agreement will be distinct and severable and if one or more of the same are declared invalid, illegal, void or unenforceable then the remainder will continue in force and effect to the fullest extent permissible by law.