Definitions
“Supplier” shall mean Bayside Caravan Spares.
“Customer” shall mean the Customer (or any person acting on behalf of and with the authority of the Customer) as described on any form as provided by the Supplier to the Customer.
“Product” shall mean all Product and Services supplied by the Supplier to the Customer and are as described on the invoices or any other forms as provided by the Supplier to the Customer.
“Price” shall mean the Price payable for the Product as agreed between the Supplier and the Customer in accordance with clause 4 of these Terms and Conditions.
The Competition and Consumer Act 2010 (“CCA”) and the Fair Trading Act (“FTA”)
Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the CCA or the FTA in each of the States and Territories of Australia (including any substitute to those Acts or re-enactment thereof), except to the extent permitted by those Acts where applicable.
Where the Customer buys Product as a consumer these Terms and Conditions shall be subject to any laws or legislation governing the rights of consumers and shall not affect the consumer’s statutory rights.
Orders and Acceptance
Any instructions received by the Supplier from the Customer for the supply of Product and/or the Customer’s acceptance of Product supplied by the Supplier shall constitute acceptance of the Terms and Conditions contained herein.
Upon acceptance of these Terms and Conditions by the Customer the Terms and Conditions are binding and can only be amended with the written consent of the Supplier.
It is the Customer’s responsibility to check that all details and aspects of the order are correct and suitable for the requirements of the Customer.
The quantity, quality and description of the Product shall be those set out in the description of the Product either on the Supplier’s Website or in the Supplier’s current sales literature from time to time.
Every effort is made to ensure that the Product which is to be supplied corresponds as closely as possible to that displayed in the Supplier’s sales literature or on the Website. The Customer acknowledges however that the Product may not be exactly the same as that description.
Price and Payment
All prices in the shopping areas are in Australian dollars (AU$). Every effort is made to ensure that the prices shown in all the Supplier’s sales literature and on the Supplier’s website are correct at the time of publication. Any typographical, clerical or other error or omission in any sales literature or other document or information issued by the Supplier shall be corrected by the Supplier as soon as practicable once it has become aware of the error or omission but the Supplier shall not be liable for any loss or damage arising out of such error or omission.
Special Offers. We reserve the right to end any offer at any time including prior to the published date. Special offers are not valid in conjunction with any other offer.
The price payable under 4.1 above is inclusive of any applicable GST.
Where the Supplier agrees to deliver the Product, at the Supplier’s sole discretion the costs of delivery are in addition to the Price.
The Supplier uses the secure Payway solution from Westpac Banking Corporation to process online orders. Customers can see their cards being authorized and debited in real time, all in a SSL secure environment.
Delivery of Product
At the Supplier’s sole discretion delivery of the Product shall take place when the Customer takes possession of the Product at the Customer’s nominated address (in the event that the Product is delivered by the Supplier or the Supplier’s nominated carrier).
The Customer shall make all arrangements necessary to take delivery of the Product whenever they are tendered for delivery. In the event that the Customer is unable to take delivery of the Product as arranged then the Supplier shall be entitled to charge a reasonable fee for re-delivery.
Delivery of the Product to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of these Terms and Conditions.
The Supplier may deliver the Product by separate installments. If part of the Product ordered is unavailable, the Supplier shall contact the Customer in order to confirm whether or not the Customer would like to proceed to purchase that part of the Product that is available.
The failure of the Supplier to deliver shall not entitle either party to treat these Terms and Conditions as repudiated.
The Supplier shall not be liable for any loss or damage whatsoever due to failure by the Supplier to deliver the Product (or any portion of it) promptly or at all where due to circumstances beyond the control of the Supplier.
Any dates quoted for delivery of the Product are estimates only and the Supplier shall not be liable for any delay in delivery of the Product how so ever caused.
Risk
All risk for the Product passes to the Customer on delivery.
Where the Customer expressly requests the Supplier to leave Product outside the Customer’s premises for collection or to deliver the Product to an unattended location then such Product shall be left at the Customer’s sole risk and it shall be the Customer’s responsibility to ensure the Product is insured adequately or at all.
Title
The Supplier and the Customer agree that ownership of the Product shall not pass until the Customer has paid the Supplier all amounts owing for the particular Product.
Receipt by the Supplier of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the Supplier’s ownership or rights in respect of the Product shall continue.
Defects, Errors or Omissions Upon Delivery, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
limited to the value of any express warranty or warranty card provided to the Customer by the Supplier at the Supplier’s sole discretion;
limited to any warranty to which the Supplier is entitled, if the Supplier did not manufacture the Product;
otherwise negated absolutely.
the Customer has complied with the provisions of clause 8.1; and
the Supplier has agreed that the Product is defective; and
the Product is returned at the Customer’s cost (if that cost is not significant) within seven (7) days of the issue date of the Return Authorisation; and
the Product is returned in as close a condition to that in which it was delivered as is possible.
the Customer failing to properly install, maintain or store any Product;
the Customer using the product for any purpose other than that for which it was designed;
the Customer continuing the use of the Product after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
the Customer failing to follow any instructions or guidelines provided by the Supplier;
fair wear and tear, any accident, or act of God.
The Customer must inspect the external integrity of the Product upon receipt before signing for the delivery; any damage must be noted on the delivery consignment note provided by the carrier. The Customer shall inform the Supplier of any external damage within one (1) business day.
The Customer shall notify the Supplier within two (2) business days of delivery of any shortage of quantity.
The Customer shall notify the Supplier within fourteen (14) days of any other alleged defect, damage or failure to comply with the Product description. The Customer shall then afford the Supplier or an agent of the Supplier’s choice an opportunity to inspect the Product within a reasonable time of notification of the alleged defect.
Under applicable State, Territory and Commonwealth Law (including, without limitation under the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these Terms and Conditions (Non-Excluded Guarantees).
The Supplier acknowledges that nothing in these Terms and Conditions purports to modify or exclude the Non- Excluded Guarantees.
Except as expressly set out in these Terms and Conditions or in respect of the Non-Excluded Guarantees, the Supplier makes no warranties or other representations under these Terms and Conditions including but not limited to the quality or suitability of the Product. The Supplier’s liability in respect of these warranties is limited to the fullest extent permitted by law.
If the Customer is a consumer within the meaning of the CCA, the Supplier’s liability is limited to the extent permitted by section 64A of Schedule 2.
If the Supplier is required to replace the Product under this clause or the CCA, but is unable to do so, the Supplier may refund any money the Customer has paid for the Product.
If the Customer is not a consumer within the meaning of the CCA, the Supplier’s liability for any defect or damage in the Product is:
Subject to this clause 8, returns will only be accepted provided that:
Notwithstanding clauses 8.1 to 8.10 but subject to the CCA, the Supplier shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
The Supplier may (at their sole discretion) accept the return of Product incorrectly ordered by the Customer within fourteen (14) days of delivery but this may incur a restocking fee of twenty percent (20%) of the value of the returned Product plus any freight costs.
Notwithstanding anything contained in this clause if the Supplier is required by a law to accept a return then the Supplier will only accept a return on the conditions imposed by that law.
Intellectual Property
Trademarks belonging to the Supplier shall always remain the Supplier’s property and prior written approval from the Supplier is required at all times if the Customer wishes to use any Supplier trademark/s.
The copyright and other intellectual property rights in the material contained on the Website are protected by the Supplier.
Cancellation
The Supplier may cancel any transaction to which these Terms and Conditions apply or cancel delivery of Product at any time before the Product is delivered by giving written notice to the Customer. On giving such notice the Supplier shall repay to the Customer any sums paid in respect of the Price. The Supplier shall not be liable for any loss or damage whatsoever arising from such cancellation.
In the event that the Customer cancels delivery of the Product the Customer shall be liable for any loss incurred by the Supplier (including, but not limited to, any loss of profits) up to the time of cancellation.
General
If any provision of these Terms and Conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
These Terms and Conditions and any transaction to which they apply shall be governed by the laws of New South Wales and are subject to the jurisdiction of the courts of New South Wales.
The Supplier shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by the Supplier of these Terms and Conditions.
The Customer agrees that the Supplier may review these Terms and Conditions at any time. If, following any such review, there is to be any change to these Terms and Conditions, then that change will take effect from the date on which the Supplier publishes the new Terms and Conditions on the web site.
Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
The failure by the Supplier to enforce any provision of these Terms and Conditions shall not be treated as a waiver of that provision, nor shall it affect the Supplier’s right to subsequently enforce that provision.
Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
Use of the Website by the Customer
The Customer’s right to use the Website is personal to the Customer. The Customer may not authorise others to use the Website, and the Customer is responsible for all of their own use of the Website.
The Customer may not download, modify, transmit, or otherwise use any material from the Website for public or commercial purposes.
The Website’s content, information and advice is free of charge (unless otherwise stipulated). However the Customer is responsible for his or her own network and connection charges.
Other than connecting to the Supplier’s servers by HTTP requests using a web browser, the Customer may not attempt to gain access to the Supplier’s servers by any means – including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Website or otherwise.
The Customer agree not to disrupt, modify or interfere with the Website or its associated software, hardware and servers in any way and agrees not to impede or interfere with others’ use of the Website. The Customer further agrees not to alter or tamper with any information or materials on, or associated with, the Supplier and/or the Website.
Disclaimer
The Website provides general information about the Supplier and the products and services they offer. The information contained in the Website has been prepared solely for the purpose of providing information about the Supplier, its subsidiaries and the services and products they offer. The Website reserves the right to change, delete or move any of the material on the Website at any time without notice.
The Supplier shall not be liable to the Customer or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of the Customer’s access to or inability to access the Website. This includes viruses alleged to have been obtained from the Website, the Customer’s use of or reliance on the Website or any of the information or materials available on the Website, regardless of the type of claim or the nature of the cause of action.
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