Dispatch of goods
Orders for items that are in stock at the time of the order are usually dispatched within 1 to 2 business days.
For Australian addresses, under normal conditions delivery of goods is expected within 2-10 business days.
For international addresses, under normal conditions delivery of goods is expected within 3-15 business days.
However, all shipping time frames are an estimate only and subject to change due to various factors, including inventory levels, fluctuations in demand, international customs processing and the availability of shipping services.
Subject to any law to the contrary, the Seller bears no liability for delays in delivery or for the failure for any cause whatsoever to manufacture or deliver merchandise in a timely manner.
The Buyer acknowledges and accepts that delivery times vary depending on the size of the items ordered, with bulky goods taking longer than smaller items.
The Buyer further acknowledges and accepts that some orders may be delayed for reasons outside the Seller’s control, including security checks, customs inspections, or carrier delays.
The Seller will not be liable for any damage to or loss of goods suffered in transit.
If the Buyer for any reason does not, or cannot, accept delivery of goods, the Seller may charge the Buyer a reasonable fee for storage, handling, re-delivery or any other costs associated with non-delivery. Until such fees are paid, the Seller will be under no obligation to re-attempt delivery.
Any government import or customs duties, customs inspections or other costs associated with the Buyer’s importation of the goods are the responsibility of the Buyer.
The Seller shall not be liable for delays caused by customs or local authorities or other delays associated with the Buyer’s importation of the goods.
Storage of Goods
If a delay in delivery is caused any thing, fact, event or circumstance beyond the reasonable control of the Seller (including the Buyer’s act or omission), the Seller shall be entitled, at its option, to arrange suitable storage, whether at its premises or elsewhere, and shall take reasonable steps to protect the Buyer's interest in the goods. The Buyer shall pay all costs of storage, insurance, demurrage, handling and other charges associated with such storage.
Risk and Supply
Notwithstanding clause 6, risk in all goods passes to the Buyer immediately upon dispatch by the Seller. For the avoidance of doubt, the Buyer bears the risk in relation to the goods while they are in transit.
The Seller reserves the right to supply by instalment, or withhold supply, where:
- the Seller has insufficient stock on hand to fulfil the order;
- the goods ordered have been discontinued;
- the Buyer is in breach of any contract with the Seller; or
- the Seller otherwise considers it appropriate for any other reason.
The exercise of these rights by the Seller or delay in supply for any other reason does not entitle the Buyer to either terminate any contract with the Seller or claim any loss or damage.
Title to Goods
Without limiting clause 6, title to the Goods will remain with the Seller until the Seller has received payment in full. If payment in full is not received by the due date, the Seller will have the right, with or without prior notice, to recover possession of the whole or any part of the Goods (and the Buyer agrees that the Seller may enter any premises occupied by the Buyer to satisfy that purpose) without prejudice to other rights and remedies.
The Buyer acknowledges that, until title to the goods passes to the Buyer, the Buyer is in possession of those goods for and on behalf of the Seller as a bailee only.
Personal Property Securities Act
This agreement is a security agreement.
The Seller’s interest in the Goods and in all proceeds from the sale of the Goods by the Buyer to a third party is a security interest.
The Buyer consents to the Seller registering its security interest on the Personal Property Securities Register and agrees to provide all assistance reasonably required by the Seller to facilitate registration.
Until title in the Goods has passed to the Buyer as contemplated by clause 7.1, the Buyer agrees not to in any way assign, charge, lease or otherwise deal with the Goods in such a manner as to create, a security interest over, the Goods in favour of the Buyer or any third party. The parties agree that this clause will not prohibit the Buyer from selling the goods in the ordinary course of business.
The Buyer waives its rights to receive any notice under the Personal Property Securities Act 2009 (PPSA) (including notice of verification statement) unless the notice is required by the PPSA and the right to receive such notice cannot be excluded.
Unless the Goods are used predominantly for personal, domestic or household purposes, the Seller and the Buyer agree each of the following requirements or rights under the PPSA do not apply to the enforcement of the Seller’s security interest in the Goods or of this agreement:
- any requirement for the Seller to give the Buyer a notice of removal of accession;
- any requirement for the Seller to give the Buyer a notice of the Seller’s proposed disposal of the Goods;
- any requirement for the Seller to include in a statement of account, after disposal of the Goods, the details of any amounts paid to other secured parties;
- any requirement for the Seller to give the Buyer a statement of account if the Seller does not dispose of the Goods;
- any right the Buyer has to redeem the Goods before the Seller exercises a right of disposal; and
- any right the Buyer has to reinstate this agreement before the Seller exercises a right of disposal of the Goods.
Expressions defined in the PPSA have the same meaning when used in this clause 8.
All specifications, illustrations or samples are intended as approximate representations only and may not be exact with regard to finishes, colour and specifications. The Seller accepts no liability whatsoever for any loss or damage (including consequential loss or damage) directly or indirectly arising out of or in connection with any variation in specifications, illustrations or samples.
If the Buyer provides specifications for the manufacture of goods by the Seller, the Buyer warrants that the specifications (and the manufacture, sale, or use of any goods manufactured based on the same) will not infringe the intellectual property rights of any third party, and the Buyer will indemnify the Seller and keep the Seller indemnified from and against any and all claims, liabilities, obligations, expenses or damages the Seller may suffer or incur as a result of the use of the specifications.
The Seller will not be liable for any loss incurred as a result of delay or failure to meet an accepted order or to observe any of these Terms and Conditions (other than an obligation to pay money) due to an event of force majeure, being any cause or circumstance beyond the Seller's reasonable control, including any failure or delay in performance caused by any strikes, lock-outs, labour disputes, fires, terrorist acts, acts of God or public enemy, malicious or accidental damage, delays in transport, breakdowns in machinery or restrictions or prohibitions by any Government or any semi-Government authorities or embargos.
During the continuance of an event of force majeure affecting the Seller, its obligations under this Policy will be suspended and will resume as soon as possible after the cause or circumstance has ceased to have effect.