These trading terms and conditions (“Terms”) apply (unless otherwise previously agreed in writing) to the supply of Goods by Seller to a Customer from time to time. Any supply of Goods by Seller to the Customer made after the date of acceptance of these Terms is a supply pursuant to the supply agreement constituted by these Terms and the relevant order accepted by Seller and any such supply does not give rise to a new or separate agreement.
These terms and conditions (“Terms”) are current for trading with the Seller at the time of issue, however these Terms may be updated from time to time by Seller.
In these Terms unless the contrary intention appears:
"Additional Charges" includes all delivery, handling and storage charges, goods and services tax, stamp duty, interest, legal and other costs of recovery of unpaid money and all other government imposts and all money, other than the Purchase Price, payable by the Customer to Seller arising out of the sale of the Goods.
"Customer" means the person to or for whom the Goods are to be supplied by Seller.
“Customer’s Site” means the location where the installation works will take place in accordance with clause 7.
"Goods" means the goods sold to the Customer by Seller and includes any services provided by Seller to Customer.
“Installation Works” means the installation of the Goods by Seller or its third party as specified on the purchase order.
"Payment Terms" means 30 days from the date of invoice.
"Purchase Price" means the list price for the Goods as charged by Seller at the date of delivery (excluding any delivery costs) or such other price as may be agreed by Seller and the Customer prior to delivery of the Goods.
"Seller" means ID Warehouse Pty Ltd.
2.1 An order given by Customer to Seller is binding on Seller and the Customer, if:
2.2 An acceptance of the order by Seller is then to be an acceptance of these conditions of sale by Seller and the Customer and these conditions of sale will override any conditions contained in the
Customer's order. Seller reserves the right to accept a part only of any order by notifying the Customer in writing or by delivering the Goods to the Customer. No order is binding on Seller until accepted by it.
2.3 An order which has been accepted in whole or in part by Seller cannot be cancelled by the Customer without obtaining the prior written approval of Seller, which it may refuse in its absolute discretion.
3.1 To the extent permitted by law:
3.2 To the extent permitted by law, no warranty is given by Seller as to the suitability of Goods to the Customer's requirements and in purchasing the Goods, the Purchaser is deemed to acknowledge that it cannot rely on the skill and judgment of the Seller, its agents or employees in this regards. The Customer must also examine the Goods prior to purchase.
4.1 The Seller’s liability is limited, to the extent permissible by law and at the Seller’s option to:
4.3 Any claims to be made against Seller for short delivery of Goods must be lodged with Seller in writing within 7 days of the delivery date.
4.4 To the extent permitted by law, all other warranties where implied or otherwise, not set out in these Terms are excluded and Seller is not liability in tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate Customer for:
5.1 Delivery of the Goods will be made to an address nominated by the Customer on the order. The Customer must make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
5.2 Delivery is deemed to occur just prior to the Goods being unloaded from a carrier at the nominated address on the order.
5.3 The times quoted for delivery are estimates only and Seller accepts no liability for failure or delay in delivery of Goods. The Customer is not relieved of any obligation to accept or pay for Goods by reason of any delay in delivery. Goods may be delivered by installments at the discretion of Seller.
5.4 Risk in accepting the Goods passes on delivery to the Customer.
5.5. All Additional Charges (including delivery) are payable by the Customer in addition to the Purchase Price of the Goods.
5.6. To the extent permitted by law, return of Goods will not be accepted by Seller except by prior agreement in writing with Seller and custom Goods will not be returnable. Any Goods returned will be subject to a restocking charge of 15% of the Purchase Price of those Goods, must be free of damage and of acceptable quality and condition and all freight charges are to be pre-paid by Customer to the Seller.
6.1 The Customer must pay the Purchase Price and the Additional Charges to Seller in accordance with the Payment Terms.
6.2 Commencing 1st December, 2015, payments made on account that are then settled by credit card will attract a 1.6% (plus GST) surcharge. Credit card payments made at the time of placing an order (such as selecting the credit card option online) will remain surcharge free.
6.3 If the Customer is in default, Seller may at its option withhold further deliveries or cancel a contract without prejudice to any of its existing rights.
6.4 All payments are due in accordance with the Payment Terms. Interest is charged at the rate of 1.5% per month or part of a month from the expiry of that period until the date payment is received by Seller.
The sale of Goods does not have the effect of vesting in the Customer any right to any of the Seller's intellectual property rights in the Goods, including without limitation the Seller’s trading name, Registered and unregistered trade marks, copyright in Goods, designs and patents, the ownership of which will remain with the Seller at all times.
8.1 Ownership, title and property of the Goods remains with Seller until payment in full for the Goods and all sums due and owing by the Customer to Seller on any account has been made. Until the date of payment:
8.2 The Customer is deemed to be in default immediately upon the happening of any of the following events:
8.3 In the event of a default by the Customer, then without prejudice to any other rights which Seller may have at law or under this contract:
9.1 Defined terms in this clause have the same meaning as given to them in the PPSA.
9.2 Seller and Customer acknowledge that these Terms constitute a Security Agreement and give rise to a Purchase Money Security Interest (“PMSI”) in favour of Seller over the Goods supplied or to be supplied to the Customer as Grantor pursuant to the Terms.
9.3 The Goods supplied or to be supplied under these Terms fall within the PPSA classification of ”Other Goods” acquired by the Customer pursuant to these Terms.
9.4 Seller and the Customer acknowledge that Seller, as Secured Party, is entitled to register its interest in the Goods supplied or to be supplied to the Customer as Grantor under the Terms on the PPSA Register as Collateral.
9.5 To the extent permissible at law, the Customer:
Goods and Services Tax (GST) will be shown separately in the tax invoice for the sale of the Goods. The amount of GST payable in respect of the supply of the Goods is payable by the Customer. The Customer must indemnify Seller in respect of GST paid and payable by Seller for the supply of the Goods.
To the full extent permitted by law, Customer will indemnify Seller and keep Seller indemnified from and against any liability and any loss or damage Seller may sustain, as a result of any breach, act or omission, arising directly or indirectly from or in connection with any breach of any of these Terms by Customer or its representatives.
12.1 These Terms are to be construed in accordance with the laws from time to time in the State of New South Wales. The parties submit to the non-exclusive jurisdiction of the State of New South Wales.
12.2 These Terms contain all of the terms and conditions of the contract between the parties and may only be varied by agreement in writing between the parties.
12.3 Any conditions found to be void, unenforceable or illegal may, to that extent be severed from the Agreement.
12.4 No waiver of any of these terms and conditions or failure to exercise a right or remedy by Seller will be considered to imply or constitute a further waiver by Seller of the same or any other term, condition, right or remedy.
13.1 Where the Seller has not manufactured the Goods, the Seller will pass on any warranty provided by the manufacturer of the Goods to Customer. To the full extent permissible by law, Seller will be under no liability whatsoever except for the express conditions as detailed in and stipulated in the manufacturer's warranty.
13.2 Subject to clause 13.1 and clause 13.3, where the Seller has manufactured the Goods, the Seller warrants to the Customer that the Goods will be free from defects in materials supplied by Seller for a period of 12 months from the date of delivery (“Warranty Period”), time being of the essence. Seller’s obligation under this warranty, and subject approval of the claim by Seller or their duly appointed representatives, Seller may repair or replace the Goods. If a replacement part is supplied, the Warranty Period remains based on the original date of delivery of the Goods to the Customer. This warranty is not transferable.
13.3 The conditions applicable to the warranty given in clause 13.2 are:
13.4 The following statement applies if the supply of the Goods to Customer is a consumer sale as defined in the Australian Consumer Law. In this statement, "our" means "Seller" and "you" means the "Buyer". "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 for 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".
13.5 The benefits given to the Customer under this warranty are in addition to other rights and remedies of the Customer under a law in relation to the Goods to which this Warranty applies.
Where the Goods are First Aid Kits, this clause applies. First Aid Kits are provided by the Seller comply with Occupational Health and Safety Acts in each of the States and Territories of Australia at the time of delivery. The Seller accepts no liability in the event that the contents of the First Aid Kits of any of the First Aid Kits provided are not maintained or stocked by the Customer (including but not limited to, goods being past their recommended expiry dates) in accordance with the relative Occupational Health and Safety Act.
15.1 If the Customer is not satisfied with a Standard Product(s) for any reason, they may request either a replacement or refund for the Product(s) within 30 days from the date of purchase. The Customer does this by calling ID Warehouse Customer Service Department on 1300 654 201 to request a Return of Goods Authorisation (RGA).
15.2 Custom Product(s) cannot be returned or refund requested unless the Product is affected by a quality issue or the Product does not match the artwork proof signed-off by the Customer. In this instance, and where substandard product has been supplied, ID Warehouse will organise the return of goods via our specified courier or may determine that the value of the products is lower than the cost to return and the customer will be instructed to retain the goods and a credit will be processed immediately.
15.3 Software Products are guaranteed to be virus free. For this reason, once packaging is opened these Products cannot be returned.
15.4 All products must be returned in saleable condition and in original packaging. The Customer is responsible to arrange return of the Product(s) via registered post or by courier to guarantee receipt of goods. Once the Product(s) have been received replacement Product(s) can be arranged or a credit is issued to the Customer's account. Where the error is a ID Warehouse error, transport costs will also be credited.