Terms & Conditions of Sale
Stonehaven Specialist Services Pty Ltd ATF The Stonehaven Trust TA The Vinyl Record Cleaning Company
Issue date of Conditions: November 2018.
“Company” means Stonehaven Specialist Services Pty Ltd ATF The Stonehaven Trust TA The Vinyl Record Cleaning Company ABN 79 563 803 137 of 41 Somme Avenue Wentworth Falls NSW 2782, or its successors and permitted assigns.
“Conditions” means these terms and conditions.
“Contract” means any contract between the Company and the Customer for the sale and purchase of Supplies.
“Customer” means the person(s) or company whose order for the Supplies is accepted by the Company.
“Goods” means any goods supplied or to be supplied by the Company to the Customer, and includes their packaging and any replacement goods supplied under these Conditions.
“GST” means goods and services tax under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
“Services” means any services supplied or to be supplied by the Company to the Customer, and includes any technical advice, repair or maintenance services provided by the Company or its technical representatives in connection with Goods.
“Supplies” means any Goods or Services.
“in writing” includes electronic communications.
Reference in these Conditions to any legislation or regulation includes any re-enactment, amendment or substitution of such legislation or regulation.
All orders are accepted by the Company subject to and in accordance with these Conditions.
These Conditions override and exclude any terms or conditions in or referred to in any negotiations or course of dealing between the Company and the Customer or set out in the Customer’s standard terms and conditions to the fullest extent permitted by law.
These Conditions constitute the entire agreement between the Company and the Customer in relation to the Supplies ordered. No variation to these Conditions is permitted unless expressly authorised in writing by a director of the Company.
3. PRICES AND GST
Prices stated are in Australian dollars, exclusive of GST or other duties or taxes and any applicable transport and handling charges, which will be added at the time of despatch. The Company has used all reasonable endeavours to ensure that prices for the Supplies are accurately set out but these prices are not binding and the Company reserves the right to change its prices without notice at any time. Prices charged will be those prevailing when an order is accepted.
The Company will issue a tax invoice to the Customer in relation to any supply that is subject to GST.
The amount of GST payable will be calculated by multiplying the sum of the price for the supplies plus any additional freight or other charges by the rate of GST applicable at the time of the supply. The words “supply” and “tax invoice” in this Condition 3 have the same meaning as that given to them in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Payment is due at time of order unless otherwise agreed and shall not be later than 30 days from the date of invoice, without any deductions, withholding or set off. Goods may be purchased for cash or by PayPal. Visa or Mastercard payment will be processed via PayPal and may incur a fee.
The Company reserves the right to decline to trade with any company or person, or to accept orders for Supplies in part.
Once accepted, no order may be cancelled or reduced without the prior written agreement of a director of the Company.
Orders for Goods are usually accepted by the Company by despatching the Goods provided, however, that despatch will not be acceptance where the price for the Supplies has been incorrectly quoted or referenced by the Customer in its order.
The Company will use all reasonable endeavours to despatch Goods ordered before 6pm Sydney time Monday to Friday (excluding public holidays) on the same day and all Goods ordered after such times the next working day, provided that those Goods are in stock. Deliveries will be made by a carrier instructed by us to the address stipulated in the order. The customer must ensure that someone is present to accept delivery.
7. INSPECTION, DEFECTS AND NON DELIVERY
The Customer must inspect the Supplies as soon as is reasonably practicable after delivery or, in the case of Services, performance. Except as otherwise set out in Conditions 11 or 12below, the Company shall not be liable under these Conditions for a defect in the Supplies, incomplete or failed delivery or quantity of Supplies unless written notice is given to the Company within 10 days of the date of inspection.
Prior to returning any Goods to the Company for any reason, the Customer must contact the Company to obtain a returns authorisation number (‘RAN’). All Goods are returned at the Customer’s risk and expense and should be undamaged by the Customer and in their original packaging. The Customer is responsible for returning Goods to the Company and for providing proof of delivery of such return.
The Company operates a 14 day return policy. To be accepted for return on this basis, Goods must be returned in their original condition for receipt by the Company within 14 days of delivery. The Customer must return the Goods to “The Vinyl Record Cleaning Company, 41 Somme Avenue, Wentworth Falls, NSW 2782 Australia” clearly quoting the Customer’s account number, order number and RAN.
Any Goods returned after 14 days as ‘unwanted’ or ‘incorrectly ordered’ may be accepted at the discretion of the Company but will be subject to a restocking fee of 20% of the invoice value of the Goods (subject to a minimum charge of $10.
The Company expressly reserves the right (without limiting its discretion under this Condition 10) to refuse the cancellation of any order for, or return for credit of, Goods supplied by the Company which are not listed on the Company website. Consumable items are non-returnable.
All specifications, drawings, illustrations, descriptions and particulars of weights, dimensions, capacity or other details including, without limitation, any statements regarding compliance with legislation or regulation (together “Descriptions”) wherever they appear (including without limitation on despatch notes, invoices or packaging) are intended to give a general idea of the Supplies, but will not form part of the Contract. If the Description of any Goods differs from the Company’s description, the latter shall be deemed to be correct. The Company may make changes to the Supplies as part of a continuous programme of improvement or to comply with legislation.
10. RISK AND OWNERSHIP
The risk of damage to or loss of Goods will pass to the Customer when the Goods are received by the Customer or its representative. Ownership of the Goods shall not pass to the Customer until the Company has received in full (in cash or cleared funds) all sums due from the Customer to the Company for those Goods.
The Company’s rights as an unpaid seller will not be affected by the Company retaining title to Goods under this Condition 12.
If any payment for Supplies is not received in full by the due date, or the Customer becomes bankrupt, passes a resolution for winding up or a court shall make an order to that effect, or a receiver or administrator is appointed over any assets or the undertaking of the Customer or an execution or distress is levied against the Customer, the Customer shall not sell, use or part with possession of the Goods, and the Company shall be entitled, without previous notice and without prejudice to the Company’s other remedies, to retake possession of the Goods and for that purpose to enter upon any premises occupied or owned by the Customer.
11. WARRANTY / GUARANTEE
This statement applies only if you are a ‘consumer’ for the purpose of the Australian Consumer Law.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. The benefits under this warranty are in addition to other rights and remedies you may have under law in relation to our goods.
The Company will endeavour to transfer to the Customer the benefit of any warranty or guarantee given by the manufacturer of Goods.
In addition, the Company will, free of charge, repair or, at the Company’s option, replace Goods or in the case of Services, re-perform the services which are proved to the reasonable satisfaction of the Company to be damaged or defective due to faulty materials, workmanship or design for a period of 12 months after despatch of the Goods or performance of the Services. The Customer must notify the Company in writing of the defect within 10 days of the date of inspection in accordance with Condition 7.
FURTHER INFORMATION AND MAKING A CLAIM
Please contact your Company customer service representative (details below) with any queries regarding this warranty or if you wish to make a warranty claim:
Phone: 02 9043 6567
The Customer will be responsible for the return of any Goods that are the subject of a warranty claim in accordance with Condition 10.
12. EXCLUSION OF LIABILITY
This Condition 1 sets out:
•the full extent of the Company’s obligations and liability to the Customer with respect to the Supplies under any Contract; and
•all other terms, conditions, warranties and representations that might otherwise be implied by statute or otherwise, are hereby expressly excluded, save for those that cannot be excluded, restricted or modified by law.
To the fullest extent permitted by law and subject only to any express exceptions contained in these Conditions, the Company will be under no liability to the Customer whatsoever (whether in contract, tort, (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct or indirect or consequential loss (all of which terms include, without limitation, pure economic loss, loss of profits, loss of business, loss of use, loss or cost of recovery of data, computer downtime, depletion of goodwill, business interruption, increased purchasing or manufacturing costs, loss of opportunity, loss of contracts and like loss) howsoever caused or arising out of or in connection with any breach by the Company of any of the express or implied terms of the Contract;
The Company does not exclude, restrict or modify any liability that cannot be excluded, restricted or modified by law including liability under the Competition and Consumer Act 2010 (Cth). However, where such statutory provisions apply, or where the Customer is entitled to claim under an express provision of these Conditions (including Conditions 7, 9, and 13), then to the extent permitted by law the Company’s total liability shall be limited at its option to:
•in the case of a supply of Goods, either the replacement of the Goods; or the repair of the Goods, or
•in the case of a supply of Services, either the supply of the Services again.
13. INTELLECTUAL PROPERTY RIGHTS
The Supplies shown on the Company’s website may be subject to the intellectual and industrial property rights (including patents, knowhow, trademarks, copyright, design rights, utilities rights, database rights, circuit layout rights, and/or other rights) of third parties. No right or licence is granted to the Customer, except the right to use the Supplies or re-sell the Goods in the Customer’s ordinary course of business. The Company shall have no liability whatsoever in the event of any claim of infringement of any such rights howsoever arising.
The Company owns full copyright in respect of the Company’s website and its reproduction in whole or part is prohibited without the Company’s prior written consent.
14. USE OF PERSONAL INFORMATION
In the event that the Company sends promotional material to the Customer in relation to goods or services available from the Company, these Conditions shall apply to all Supplies purchased from such material.
16. AGE REQUIREMENTS FOR CERTAIN GOODS
Where the law requires a minimum age for the purchase of certain Goods, the Customer confirms that he or she is over the required age and that delivery of the Goods will be accepted by a person over the relevant age limit.
17. FORCE MAJEURE
The Company shall not be liable to the Customer in any manner or be deemed to be in breach of these Conditions because of any delay in performing or any failure to perform any of the Company’s obligations under these Contract if the delay or failure was due to any cause beyond the Company’s reasonable control (which shall include, but not be limited to government actions, war, fire, explosion, flood, import or export regulations or embargoes, labour disputes or inability to obtain or a delay in obtaining supplies of Goods or labour). The Company may, at its option, delay the performance of, or cancel the whole or any part of a Contract.
18. RECORDING OF TELEPHONE CALLS
The Company reserves the right to monitor, intercept or record telephone calls and may monitor or intercept all email or other electronic communications made to its premises for training, security and quality purposes.
19. LEGAL CONSTRUCTION
All Contracts shall be governed by and interpreted in accordance with New South Wales law and the Customer submits to the jurisdiction of the New South Wales Courts and Courts able to hear appeals from those Courts, but the Company may enforce such Contract in any court of competent jurisdiction.
Any provision of these Conditions which is held by any competent authority to be invalid, void, voidable, unenforceable or unreasonable (in whole or in part) shall to the extent of such invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the other provisions of these Conditions and the remainder of such provision shall not be affected. Failure by the Company to enforce or partial enforcement by the Company of any provision of these Conditions will not be construed as a waiver by the Company of any rights under these Conditions.
The Company shall be entitled, without the consent of or notice to the Customer, to assign the benefit, subject to the burden, of these Conditions and/or any Contract to a related body corporate (as defined in section 50 of the Corporations Act 2001 (Cth)) at any time.