1. Interpretation
1.1 In these terms and conditions:
(a) "we/us" mean Jupiter Bay Pty Ltd trading as Auscos;
(b) "you" means the customer;
(c) "Contract" means these terms and conditions together with your Order which has been accepted by us pursuant to these terms and conditions;
(d) "Order" means any order placed by you in accordance with these terms and conditions;
(e) "Order Form" means the electronic order form on this website;
(f) "Products" means any products listed on this website which we agree to supply to you on these terms and conditions.
2. Australian Sales Only
2.1 We only sell and ship Products within Australia. We will not make deliveries outside Australia. You may not export any products purchased on this website.
2.2 We only sell and ship Products to end user customers only.
3. Terms of Sale
3.1. All Products we sell to you are sold on these terms and conditions and these terms and conditions shall be deemed to be incorporated into any agreement between you and us relating to the Products unless otherwise stated in writing.
3.2. Any terms and conditions contained in any other document and all representations, statements, terms and conditions and warranties (whether implied by statute or otherwise) not embodied herein are expressly excluded to the fullest extent permitted by law.
3.3. We reserve the right to change these terms and conditions at any time.
4. Product Information
4.1. We will always attempt to be as accurate as possible with our descriptions of the Products and pricing. However, we are unable to warrant that Product descriptions or other content on this website is accurate, complete, reliable, current or error free.
5. Orders
5.1. You may place an Order by completing the Order Form and clicking the "Submit Order" button. We will not accept any orders unless this procedure is followed.
5.2. When you place your Order, we will send you an email either:
(a) advising that your Order has been accepted and providing details of an order number for your Order; or
(b) advising you that we are unable to accept your Order.
5.3. Any information contained on this website is not an offer to sell or to provide the Products. By placing an Order, you make an offer to us to purchase the Products you have selected on these terms and conditions. We shall not be bound by any Order until it is accepted as set out above, in our absolute discretion. If we accept your offer, the Order cannot be cancelled by you except with our consent in writing (which shall be given or withheld in our absolute discretion) and on terms which will indemnify us against all losses.
6. Prices and Payment Methods
6.1. Prices for the Products as displayed on this website are current at the time of display. The prices are subject to variation without notice.
6.2. Unless otherwise expressly stated, all prices for the Products shall be expressed inclusive of GST, and exclusive of freight and delivery charges. In addition to the amount payable by you for the Products, you must pay any freight and delivery charges as set out on this website and notified to you prior to submitting the Order Form.
6.3. You may pay for the Products by the methods of payment as displayed on the payment section of this website from time to time. We currently accept payment by Visa, MasterCard and American Express.
6.4. You must pay the price payable in Australian dollars, All prices listed on this Website are in Australian Dollars.
6.5. We will email you an invoice for your purchase once the goods are shipped. The invoice will be your proof of purchase.
7. Delivery
7.1. Any delivery times made known to you are estimates only and we shall not be liable for delays in delivery or for any loss, damage or delay occasioned to you arising from late delivery.
7.2. When your Order has been shipped, we will email you to confirm shipment.
7.3. We may at our option deliver the Products to you in any number of instalments however if we do this you will not be charged any additional delivery fee unless you have specifically requested delivery by instalments.
7.4. If we deliver any of the Products by instalments, and any one of those instalments is defective for any reason, it shall not be a repudiation of the Contract and the defective instalment is a severable breach that gives rise only to a claim in respect of that instalment.
8. Loss or Damage in Transit
8.1. We are not responsible to you for any loss or damage to Products in transit caused by any event of any kind by any person for which we are not legally responsible.
9. Claims
9.1. You must notify us in writing of any claims for damaged Products within 7 days of receipt of the Products and of any claims for shortages within 48 hours of receipt of the Products to receive replacement product.
9.2. Products are deemed to be received in good order, condition and quantity if no claim is received by you within the time limits set out in this clause.
10. Restrictions on Re-supply of Products
10.1. The resupply or resale of the Products is strictly prohibited and shall result in the forfeit of your right to purchase Products from us.
11. Returns
11.1. All sales are final. We are not under any duty to accept Products returned by you and will do so only on terms to be agreed in writing in each individual case.
11.2. If we accept a return of any Products as set out above, the Products shall be returned:
(a) at your cost;
(b) in good order and condition, unused, in its original packaging;
(c) accompanied by a note stating the original invoice number, date of supply and the reason for return; and
you will be refunded the price of the Products (excluding delivery charges) in the form of a credit note or gift voucher.
11.3. Except where the Products have been wrongly or oversupplied, we may apply a charge of 25% of the list price of the Products for the purposes of covering handling and restocking costs.
12. Limitation and Exclusion of Liability
12.1. To the extent permitted by statute, we shall not be liable to you for any claims (whether arising in contract, tort, negligence, strict liability, or by virtue of any breach of any statutory duty) for any loss or damage (including any indirect, special or consequential damage) howsoever caused in relation to the supply by us of any Products or the use by you or any third party of the Products.
12.2. Except as provided herein or prohibited by law, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the Products for any purpose or otherwise are hereby expressly excluded and we shall not be liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of the Products or arising out of our negligence or in any way whatsoever.
12.3. Where permitted by statute, our liability for any Products supplied, our negligence, or for any breach of a condition or warranty implied by statute is hereby limited to, at our option:
(a) a refund of the purchase price for the Products;
(b) the replacement of the Products or the supply of equivalent Products;
(c) the payment of the cost of replacing the Products or of acquiring equivalent Products (as authorised by us and provided such cost does not exceed the original cost of the Products);
(d) the repair of the Products or the payment of the cost of having the Products repaired.
12.4. Our liability under the Trade Practices Act is expressly limited to a liability to pay you an amount equal to: the cost of replacing the Products;
(a) the cost of obtaining equivalent products; or
(b) the cost of having the Products repaired;
whichever is the lowest amount.
13. Exclusions to Warranty
13.1. You acknowledge that certain of the Products may contain sensitive chemicals which
(a) should be handled with care;
(b) may cause injury or harm if mishandled;
(c) should only be used by experienced professionals who have appropriate and adequate training.
13.2. Without limiting the generality of clause 13.1, any warranty which applies by virtue of statute in relation to the Products is subject to the following and we shall not be liable for any failure in performance of the Products or any damage caused to any party due to:
(a) Improper Use - You must follow directions of use as and where marked on the packaging and standards applicable to the use of the Products together with any guidelines or instructions provided by us;
(b) Extreme Conditions - The Products must be stored and used in accepted environmental conditions.
13.3. Notwithstanding anything stated in these terms and conditions, any advice, recommendation, instructions, information, assistance or service provided by us in relation to the Products or their use or application, is provided in good faith and is based on factual information obtained from sources believed to be reliable and we believe such advice to be appropriate. Nevertheless, we do not give any assurances or guarantees that the information (whether express, implied or otherwise) is accurate, complete or current and the information is provided to you without any liability or responsibility on our part.
13.4 We are not responsible for the performance of any materials or products supplied by third parties (whether or not recommended by us) for use in conjunction with the Products (hereinafter referred to as "the third party materials").
13.5 You agree to indemnify us from and against all actions, claims, proceedings or demands (including those brought by third parties) which may be brought against us in respect of any loss, death, injury illness or damage (whether personal or property, and whether special, direct, indirect or consequential, including consequential financial loss) arising out or in connection with:
(a) any failure by you or any other party to handle the Products with care;
(b) any failure by you or any other party to follow standards applicable to the use of the Products or to follow instructions provided by us to you;
(c) the use of the Products by any party who fails to have appropriate and adequate training applicable to the use of the Products or by any party who is inexperienced in the use of the Products;
(d) any use of the Products in conjunction with any third party materials;
(e) reliance on any advice, recommendation, instructions or information supplied by us in relation to the Products or their use or application;
(f) the failure by you or any other party to store and use the Products in accepted environmental conditions.
14. Cancellation / Termination
14.1. We may refuse to supply the Products to you at any time or cancel your Order at any time by giving you notice in writing. Except for any refund of the purchase price, if this has already been paid, we shall not be liable to you for compensation or any other actual or potential damages whatsoever as a result of any such termination.
15. Data Collection
15.1. By submitting an Order, you agree that we may store and use data collected from the Order Form for the purposes of processing the Order. If you so indicate on the appropriate section of the Order Form, by placing the Order you also agree that we may provide you with further information from time to time on our Products that may be of interest to you. If you do not agree to us providing further information on our Products, you should indicate your non-agreement on the appropriate section of the Order Form. Please refer to our Privacy Policy for further details of how we will store your personal information.
16. General
16.1. No variation or modification or substitution of these terms and conditions shall be binding on us unless specifically accepted by us in writing.
16.2. The invalidity or unenforceability of any provision of the Contract shall not adversely affect the validity or unenforceability of the remaining provisions.
16.3. The failure by either party to enforce any term of the Contract shall not constitute a waiver of such term. Such failure shall in no way affect the right later to enforce such term.
16.4. The Contract shall be governed and construed in accordance with the laws for the time being in force in the State of Victoria, Australia and the parties agree to the exclusive jurisdiction of the Courts and Tribunals of that State.
