Dulwich Hill Sewing Centre TERMS OF TRADE

These Terms of Trade are an agreement between you and Dulwich Hill Sewing Centre and apply to each supply of goods and/or services made by Dulwich Hill Sewing Centre notwithstanding that this document is not reproduced with each supply.

1.     APPLICABILITY AND ACCEPTANCE OF TERMS OF TRADE – (“THESE CONDITIONS”)

1.1     These conditions apply to each order placed by a customer (you) for the supply of goods and/or services by Dulwich Hill Sewing Centre ACN 056 849 471 (DHSC) provided DHSC has accepted that order.

1.2     Acceptance of delivery of any good, or the use of any service, by you will be deemed to be your acceptance of these conditions, notwithstanding anything that may be stated to the contrary in your inquiries or on your order. These conditions apply to each supply of goods and/or service made by DHSC to you notwithstanding that this document is not reproduced with each supply.

1.3     Unless agreed to in writing by DHSC, any qualification or variation to these conditions contained in any document issued by you will be of no force or effect. No modification or alteration of any provision of these conditions will be valid except in writing signed by you and DHSC.

2.     PRICES, CHARGES AND PAYMENT

2.1     Payment for the amount specified in any invoice rendered on you by DHSC for your order must be made by you in full  (unless otherwise agreed in writing).

2.2       Individual deliveries or deliveries of separate installments may be invoiced separately and must be paid for accordingly.

2.3     You will be required to pay for any cost of importing into Australia any product ordered by you and which is manufactured by someone other than DHSC. The estimated importation cost will be included in the actual price for that product. In addition, DHSC may charge you a fee for delivering that product, or any other product ordered by you, to your delivery address.

2.4     Overseas orders may attract taxes and duties applicable to the country of importation. It is the purchaser's responsibility to understand their local import laws and be liable for any associated costs.

2.5     If you purchase goods which are manufactured by someone other than DHSC, and DHSC converts any price or charge from one currency to another in order to process your order, you agree that DHSC has absolute discretion on the exchange rate used to make the conversion.

3.     DELIVERY

3.1     Dates given for delivery are stated in good faith but are not to be treated as a condition of the sale. Delivery will be deemed to be complete either when DHSC delivers the goods (whether or not the goods are installed) or when the goods are dispatched to your delivery address through the post or other courier services.

3.2     Goods ordered by you will be delivered to the delivery address which you provide to DHSC at the time you make your order, or such other address agreed to by DHSC in writing.

 

4.     UNFORESEEN CIRCUMSTANCES

4.1     DHSC may cancel, suspend or delay delivery of any ordered goods or services in the event of any delay or non-performance due directly or indirectly to wars, terrorism, strikes, lockouts, delays or defaults of manufacturers or suppliers, or any other cause (whether similar or dissimilar) beyond DHSC’s reasonable control.

 

5.     RISK AND TITLE

5.1     It is expressly agreed and declared that the title of the subject goods does not pass to you until payment in full of the purchase price. You will in the meantime take possession of the goods and retain them as the fiduciary agent and bailee of DHSC.

5.2     The risk in any goods ordered by you from DHSC passes to you on delivery.

5.3     Until payment in full, DHSC will be entitled to retake possession of the goods. To allow DHSC to do that, you grant DHSC an irrevocable right to enter, at any time, upon any premises or place where the goods are held, or thought to be held, and to remove the goods. DHSC may then resell the goods and retain the proceeds of such sale. Any shortfall will be a debt owed by you.

6.     COSTS

6.1     If you default in performing your obligations under these conditions and DHSC incurs expenses in enforcing its rights under these Conditions (for example and without limitation, expenses incurred by DHSC in recovering any moneys owed by you to DHSC), you must pay those expenses to DHSC on demand (including all legal costs on a full indemnity basis).

7.     DISCLAIMER OF LIABILITY AND WARRANTIES – APPLICABLE TO SUPPLIES OF GOODS & SERVICES

7.1     The Trade Practices Act 1974 (Cth) and similar laws may confer rights and remedies on you in relation to the provision by DHSC of goods or services ordered by you which cannot be excluded, restricted or modified (non-excludable rights). DHSC does not exclude any non-excludable rights but does exclude all other conditions and warranties implied by custom, law or statute.

7.2     Except as provided for by the non-excludable rights:

(a) all goods and services ordered by you are provided without warranties of any kind, either express or implied, unless otherwise provided for in these Conditions; and

(b) DHSC does not warrant that those goods and services will be complete or free from all errors.

7.3     Subject to clause 7.1, under no circumstances (including but not limited to any act or omission on the part of DHSC) will DHSC be liable for any loss or damages (including, without limitation, indirect, incidental, special or consequential or punitive damages and damages for loss of profits) whatsoever which result from any use, or any inability to use, DHSC’s goods or services.

7.4    To the fullest extent permitted by law, DHSC’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of DHSC to the supply of the goods or services ordered by you again or paying for their re-supply.

8. GOVERNING LAW

These conditions will be governed by and construed according to the law of New South Wales and the parties agree to submit to the jurisdiction of the courts and tribunals of that State.