Terms & Conditions
1.1 In these Terms: “Company” means Diemen’s Pty Ltd., Suite 1A, 1 Mona Vale Rd., Mona Vale, NSW 2103, Australia. “Customer” means the purchaser of Products from the Company. “Products” means all Products sold and/or delivered by the Company to the Customer. “Agents” means companies or individuals employed by the Company from time to time to manage sales and or deliveries. “Terms” means these Terms and Conditions of Sale and Delivery.
2.1 These Terms apply to all sales of Products by the Company.
2.2 No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by the Company in writing.
2.3 The Customer acknowledges that no employee or Agent of the Company has any right to make any representation, warranty or promise in relation to the Products or the sale of the Products other than as is contained in these Terms.
3.1 Product prices are determined at the time of order and, prior to full payment being received by the Company, are subject to change without notice.
4.1 Payments are to be made to the Company without any deduction or discount other than as stated in these Terms or in the relevant Company invoice or statement.
4.2 The balance of the invoice price must be paid in full before delivery, unless by prior agreement with the Company.
4.3 In the case where the Customer has an account with the Company, interest is payable on all overdue accounts calculated on a daily basis at the rate of 1.5% per month as from the date due for payment, until payment is received by the Company.
5.1 The Company reserves the right to deliver the Products in whole or in instalments, as well as to deliver prior to or after the due delivery date and, in such event, the Customer must not refuse to take delivery of the Products.
5.2 Any failure on the part of the Company to deliver instalments within any specified time does not entitle the Customer to repudiate its obligation with regard to payment for the balance remaining undelivered.
5.3 Neither the Company nor its Agents take any responsibility for any damage to or loss of the Products whilst in transit to the Customer.
6.1 Legal and beneficial ownership of the Products will not pass to the Customer until such time as the Products have been paid for in full.
- Risk and Insurance
7.1 The Products are entirely at the risk of the Customer from the moment of delivery by the Company or its Agents, to the Customer’s point of delivery, even if title in the Products has not passed to the Customer at that time.
7.2 The Customer is advised that it should , at its own expense, insure the Products against theft, damage, fire, water and other risks as from the moment of delivery to the Customer by the Company or its Agents, until safe receipt by the Customer.
8.1 Unless the Customer has inspected the Products and given written notice to the Company within 3 days after collection or delivery, that the Products do not comply with the relevant specifications or descriptions, the Products are deemed to have been accepted in good order and condition.
9.1 No order may be cancelled, modified or deferred without the prior written consent of the Company (which is at the Company’s sole discretion).
- Limited Liability
10.1 These Terms do not affect the rights, entitlements and remedies conferred by the Trade Practices Act 1974.
10.2 The Company is not subject to, and the Customer releases the Company from, any liability (including but not limited to consequential loss or damage) because of any delay in delivery or fault or defect in the Products. The Customer acknowledges that the Company is not: (a) responsible if the Products do not comply with any applicable safety standard or similar regulation; and (b) liable for any claim, damage or demand resulting from such non-compliance.
10.3 If any statutory provisions under the Trade Practices Act 1974 or any other statute apply to the sale of Products by the Company to the Customer then, to the extent to which the Company is entitled to do so, the Company’s liability under the statutory provisions is limited, at the Company’s option, to: (a) replacement of the Products or the supply of equivalent Products; or (b) payment of the cost of replacing the Products or acquiring equivalent Products; and in either case, the Company will not be liable for any consequential loss or damage or any other direct or indirect loss or damage.
11.1 All Products sold are covered by such warranties as are specified by the suppliers of the Products’ ingredients and supplied subject to the product standards detailed by those suppliers.
11.2 On discovery of any defect in the Products, the Customer must immediately notify the Company in writing of such defect.
11.3 The provisions of any act or law (including but not limited to the Trade Practices Act 1974) implying terms, conditions and warranties, or any other terms, conditions and warranties which might otherwise apply to or arise out of the sale of the Products, are hereby expressly negated and excluded to the full extent permitted by law.
11.4 The Customer expressly acknowledges and agrees that it has not relied upon, and the Company is not liable for any advice given by the Company, its employees, Agents or representatives in relation to the suitability for any purpose of the Products.
- Display and Samples
12.1 Any display product or sample inspected by the Customer is solely for the Customer’s convenience and does not constitute a sale by sample.
13.1 The terms of sale and delivery of the Products are wholly contained in these Terms and in any other documents signed by both parties.
- Force Majeure
14.1 The Company will not be liable for any problem with sale or delivery due to any matter or thing beyond the Company’s or its Agents’ control (including, but not limited to, transport stoppages, transport breakdown, internet-related failures, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention by public authority, explosion or accident).
- Waiver of Rights
15.1 No failure by the Company to insist on strict performance of any of these Terms is a waiver of any right or remedy which the Company may have, and is not a waiver of any subsequent default by the Customer.
16.1 If any provision contained in these Terms is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.
17.1 These Terms and Conditions shall be governed by the law of New South Wales Australia and the parties submit to the courts of New South Wales in respect of any dispute arising.