Terms & Conditions
Conditions of Sale, DKSH as Distributor of Kambukka
1. Definitions In these conditions:
“Conditions” means the terms set out in this document; “Customer” means a person, firm or corporation seeking to acquire Goods or services from the Supplier and, if the Customer consists of more than one person, each of them jointly and severally; “Goods” means all goods and or materials supplied by the Supplier to the Customer; “GST” means GST within the meaning of A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended; “Supplier” means DKSH AUSTRALIA PTY. LTD. (ABN 70 005 059 307) of Building B, 13 Compark Circuit, Mulgrave, Victoria, 3171, Australia.
2. Application of the Conditions
- 2.1 Unless otherwise agreed in writing prior to an order from the Customer, these Conditions will apply exclusively to every contract for the sale of Goods by the Supplier to the Customer and cannot be varied or replaced by any other conditions without the prior written consent of the Supplier.
- 2.2 Any written quotation provided by the Supplier to the Customer concerning the supply of Goods is valid for 30 days, unless otherwise stated in the quotation, and is an invitation only to the Customer to place an order based upon that quotation.
- 2.3 The Supplier will not be deemed to have accepted an order or an offer by the Customer unless it has communicated acceptance to the Customer in writing or has delivered the Goods stated in the order.
- 2.4 The Supplier may vary these Conditions provided it first gives 30 days written notice to the Customer or by publishing amended Conditions on the Supplier’s website. Any order placed, or Goods supplied at the request of the Customer, after such 30 day period, will be deemed to be the Customer’s acceptance of the varied Conditions.
- 2.5 The Customer agrees that any order under the minimum order value (as notified by Supplier to the Customer from time to time) may incur a fee at the discretion of the Supplier.
- 2.6 The Supplier may terminate this agreement on written notice. Any termination is without prejudice to the rights of the Supplier accrued prior to such termination including the right to be paid or to recover the Goods.
- 3.1 Payment for Goods must be made at the time of ordering or as otherwise agreed in writing by the Supplier.
- 3.2 The Customer acknowledges these Conditions do not grant the Customer credit or delayed payment of any nature unless the Supplier, in its absolute discretion and upon any condition it deems appropriate, grants such terms of credit in writing to the Customer.
4. GST and Duties
- 4.1 Except where stated in writing or where the Customer is a “consumer” within the meaning of Schedule 2 of the Competition and Consumer Act 2010 (Cth), all prices for the supply of Goods exclude sales tax, consumption or goods and services tax, and any other taxes, duties or imposts imposed on or in relation to the Goods. Accordingly, if prices for Goods provided by the Supplier do not expressly indicate that the prices include GST then the Customer will pay the Supplier the price for the Goods plus GST.
5. Delivery of the Goods
- 5.1. Any period or date for delivery of Goods stated by the Supplier is intended as an estimate only and is not a contractual commitment. The Supplier may deliver the Customer’s orders in part or in whole and the Supplier is not liable in any way for such partial or late delivery.
- 5.2. All costs of freight, insurance and other charges associated with the delivery of the Goods to the agreed delivery address shall be borne by the Customer.
- 5.3 If the Customer is unable or fails to accept delivery of the Goods, the Customer will be liable for all costs incurred by the Supplier due to storage, detention, double cartage, travel expenses or similar causes.
6. Risk and Insurance
- 6.1 All risk in the Goods and all insurance responsibility for theft, damage, loss or other cost in respect of the Goods will pass to the Customer immediately upon the Goods being collected (whether by the Customer or third party) from the Supplier’s premises.
- 6.2 Title in the Goods will pass to the Customer upon receipt of payment in full for the Goods.
7. Liability and Warranty
- 7.1 Except as specifically set out herein, any term, condition or warranty in respect of the quality, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Goods, whether implied by statute, common law, trade usage, custom or otherwise, is hereby expressly excluded.
- 7.2 The Supplier is not liable for any indirect or consequential losses or expenses suffered by the Customer or any third party, howsoever caused arising from the supply of the Goods, including but not limited to loss of turnover, profits, business or goodwill.
- 7.3 The Supplier will not be liable for any loss, damage or claim suffered by the Customer where the Supplier has failed to meet any delivery date or cancels or suspends the supply of Goods or for any Goods that display a “use-by” date that are sold or distributed by the Customer after that date.
- 7.4 Nothing in these Conditions is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of Goods which cannot be excluded, restricted or modified. If any of these Conditions is inconsistent with State or Federal legislation, such Conditions must be read down only to the extent necessary to comply with such legislation and will otherwise apply to the fullest extent legally possible.
- 7.5 If the Customer is a “consumer” within the meaning of Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the Goods are not of a kind ordinarily acquired for personal, domestic or household use or consumption, the Supplier’s liability for a breach of a condition, warranty or guarantee (whether express or implied) is limited to any one of the following as determined by the Supplier:
- (a) the replacement or repair of the Goods or the supply of equivalent Goods; or in the case of services, supply the services again or pay the costs of having the services supplied again;
- (b) the payment of the cost of repair or replacement of the Goods or of acquiring equivalent Goods.
- 7.6 Supplier warranties applicable to Goods, if any, are available on the Supplier’s website and are described by clicking on the relevant Goods.
- 7.7 If you are a “consumer” pursuant to the Australian Consumer Law, the following statement applies: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
No purported cancellation or suspension of an order or contract for Goods by the Customer will be binding on the Supplier after that order has been accepted by the Supplier unless the Supplier, at its discretion, agrees to such cancellation or suspension upon written request by the Customer.
9. Goods Returned
- 9.1 All Goods are sold on a non-returnable, non-refundable basis and, subject to the Conditions, may only be returned if the Goods are damaged by the Supplier prior to delivery or are incorrectly supplied by the Supplier.
- 9.2 Any claim by the Customer that the Goods are damaged or incorrectly supplied must be made in writing to the Supplier within 5 business days of dispatch of the Goods to the Customer and the Customer must provide the Supplier a reasonable opportunity for the Supplier to inspect the Goods. The Supplier’s only liability (if any, and subject otherwise to these Conditions) is limited to the resupply of the Goods.
- 9.3 The Supplier may, in its sole and absolute discretion, agree to accept a return of some or all of the Goods but all such Goods returned will be subject to a minimum 25% handling fee unless waived by the Supplier.
- 10.1 Nothing contained or implied in these Conditions constitutes a party the partner, agent or legal representative of the other party for any purpose, or creates any partnership, employment, agency or trust. Neither party has the authority to bind the other party in any way.
- 10.2 If any part of these Conditions is held to be invalid or unenforceable in any way, the remaining provisions will not be affected and remain in full force.
- 10.3 These Conditions will be governed by the laws of the State of Victoria, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts in that State.
- 10.4 These Conditions constitute the entire agreement between the parties in respect of the supply of Goods, and supersedes all prior agreements, representations, negotiations and correspondence and no special condition or terms contained in an order or other communication from the Customer will vary, void or render ineffective any part of these Conditions unless agreed in writing by the Supplier.
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