TERMS & CONDITIONS OF SALE
In these terms and conditions:
Interpretation
1. ‘Australian Consumer Laws’ means laws relating to the sale of goods and services to consumers and includes but is not limited to the Competition and Consumer Act 2010 (Cth) and the National Consumer Credit Protection Act 2009 (Cth);
2. ‘COD’ means cash on delivery;
3. ‘Delivery Point’ means the address, agreed by the Seller, to which the Goods are to be delivered;
4. ‘Goods’ means goods or products and, if any, services as specified on the Order;
5. ‘GST’ means goods and services tax within the meaning of the GST Act;
6. ‘GST Act’ means the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
7. ‘Event of Default’ has the meaning given to it in clause 12.1 and references to the Purchaser being in default are references to the happening of an Event of Default;
8. ‘PPSA’ means the Personal Property Securities Act 2009 (Cth) as amended from time to time;
9. ‘Purchaser’ means the entity whose name or trading name is specified on the Order and who Is the purchaser of the Goods whether directly or indirectly through an agent, which Purchaser maybe any sole trader, partnership, company. trust or other legal entity;
10. ‘Order’ means an order for the purchase of Goods from the Seller and includes a statement outlining the terms of the Order Issued in acceptance of an order by the Seller;
11. ‘Seller’ means OZLITE PTY LTD Pty Ltd ABN 66 912 537 325
12. ‘Seller’s Premises’ means the address from where the Goods are to be dispatched to the Purchaser, which unless otherwise stipulated on any Order for the Goods shall be the business address of the Seller listed on its official stationery or such other address as is notified by the Seller to the Purchaser from time to time;
13. ‘Terms and Conditions’ means this document titled Terms & Conditions of Sale; 1.14 the singular includes the plural and vice versa;
14. A reference to a gender includes all genders;
15. A reference to an individual includes a corporation, partnership, joint venture, association, authority, trust, state or government and any other legal entity; and
16. A reference to a clause is a clause of these Terms and Conditions.
Application
1. These Terms and Conditions apply to the sale of all Goods by the Seller to the Purchaser and are deemed included in all Orders unless otherwise stated in the Order.
2. When the Purchaser places an Order with the Seller, accepts delivery of Goods, makes any payment or complies with these Terms and Conditions the Purchaser is taken to have accepted these Terms and Conditions.
3. The Seller may update these Terms and Conditions as and when it sees fit. The updated Terms and Conditions will apply to all Orders made after notification of the updated Terms and Conditions is made, which notification need not be by notice to the Purchaser but may be made by the posting of the updated Terms and Conditions on the website of the Seller together with a notification on the home page of the website signalling that Terms and Conditions have been updated.
4. These Terms and Conditions prevail over any terms in the Purchaser’s documents or any other document, including marketing or promotional material of the Seller, unless otherwise expressly agreed in writing by the Seller at the time of the making of an Order.
Seller’s Quotations & Orders
1. Quotations are only valid if in writing on official stationery of the Seller.
2. A quotation is not an offer by the Seller to sell and may be withdrawn or altered by the Seller without notice.
3. Unless previously withdrawn, quotations are valid for the period stated, or when no period is stated, for thirty (30) days after the date of the quotation.
4. Notwithstanding the above, the Seller is not required to accept any Order and may decline to accept an Order on any reasons it sees fit.
5. Orders must be made via the approved form provided by the Seller {if any) unless otherwise agreed by the Seller.