General Terms and Conditions of Sale
1. All goods and services ("Products") supplied by Attiwill
Pty Ltd as trustee for Ian Attiwill unit trust Trading as Attiwills
Home and Industry (Attiwill Pty Ltd) are supplied on these terms
and conditions, the supply of which is also subject to additional
terms and conditions of sale.
2. No order shall be binding on Attiwill Pty Ltd until accepted
by Attiwill pty Ltd. An individual contract for the supply of Products,
on these terms and conditions, is formed on acceptance by Attiwill
pty Ltd of an order from the Customer. Attiwill pty Ltd reserves
the right to accept any order in whole or in part. Where Attiwill
pty Ltd makes a part delivery of any order, such delivery shall
constitute a separate contract. No order may be cancelled or varied
after acceptance by Attiwill pty Ltd.
3. All orders must be paid for via valid credit card at the time
of order placement.
4. Ownership in the Products does not pass to the Customer until
the Customer has discharged all outstanding indebtedness, whether
in respect of the Products or otherwise, to Attiwill pty Ltd. Risk
in the Products will pass on delivery to the Customer.
5. Attiwill pty Ltd reserves the right to charge for delivery of
the Products at any time, notwithstanding that it may not have previously
done so. Administrative fees may also be imposed for orders under
certain dollar values.
6. Any Products, which are damaged or defective, delivered after
their "use by" or "best before" date, or which
are not otherwise in accordance with the Customer's order, may be
returned to Attiwill pty Ltd within 3 weeks of invoice date, at
no cost to the Customer. Products may not otherwise be returned.
7. Goods may be exchanged within 3 weeks of invoice date, provided
they are returned unworn, unwashed and otherwise in a saleable condition.
Standard postage & handling rates will be deducted from your
credit card for re-delivery within Australia or New Zealand. For
overseas exchanges, re-delivery costs will be at the original freight
charge.
8. Except for those required or implied by legislation, Attiwill
pty Ltd gives no express warranty in relation to products and services
supplied to the Customer, and the Customer acknowledges that it
has not relied on any representation or warranty made by or on behalf
of Attiwill pty Ltd. Certain legislation may imply conditions and
warranties into these terms and conditions. To the extent that such
conditions and warranties may lawfully be excluded, all such conditions
and warranties are expressly excluded. The liability of Attiwill
pty Ltd under or arising out of the supply of goods and services
for breach of any term, condition or warranty implied in or imposed
upon the supply of goods and/or services by legislation, shall be
limited, at the option or Attiwill pty Ltd to:
- a. If the breach or liability relates to goods:
- i. the replacement of the goods or the supply of equivalent
goods;
- ii. the repair of the goods;
- iii. the payment of the cost of replacing the goods or of
acquiring equivalent goods; or
- iv. the payment of the cost of having the goods repaired;
- b. if the breach or liability relates to services;
- i. the supplying of the services again; or
- ii. the payment of the cost of having the services supplied
again.
Except as expressly provided above, Attiwill pty Ltd shall not
be under any liability to the Customer in respect of any loss or
damage (including consequential or indirect loss or damage or loss
of profits) however caused, which may be suffered or incurred or
which may arise directly or indirectly in respect of the Products,
any services supplied by Attiwill pty Ltd or the failure of Attiwill
pty Ltd to comply with these terms and conditions.
9. These terms and conditions will apply to the exclusion of all
other terms and conditions contained in the Customer's order. In
the event of any inconsistency, Attiwill pty Ltd will be deemed,
by delivering the Products to the Customer or supplying services
to the Customer, to have made an offer to the Customer to sell the
Products or supply the services pursuant to these terms and conditions,
which offer will be deemed to have been accepted if the Customer
retains the Products or accepts the services. Attiwill pty Ltd reserves
the right to change these Terms and Conditions at any time.
10. Attiwill pty Ltd reserves the right to recover from the Customer
all goods and services tax ("GST") payable in respect
of the supply of goods and services to the Customer.
11. These terms and conditions are governed by and will be construed
in accordance with the laws of South Australia and the parties agree
to submit to the jurisdiction of the courts of that state.
12. The failure by Attiwill pty Ltd to exercise, or any delay in
exercising, any right, power or privilege available to it under
these terms and conditions will not operate as a waiver thereof
or preclude any other or further exercise thereof or the exercise
of any other right or power.
13. Orders are shipped via Australia Post or per nominated carrier should the goods be considered "dangerous" or if goods are over the required Australia Post weight or size limit. This can only be determined once the order is placed weight or size limit. This can only be determined once the order is placed.
14. If the order can not be fulfilled the customer is advised, by email or an alternative method if requested, that the order can not be supplied in full for whatever reason.
Typical delivery time frame for Australia regular parcel post ranges from 1 to 5 days. |