Sales Terms & Conditions
Squidgy Pty Ltd (SQUIDGY) A.B.N. 50 479 303 288 Trading as Eagles The Plumbing ShopHead Office: 23 Lyn Parade, Prestons NSW 2170 Telephone: 1300 337 333 Fax: 02 8783 8866
Terms & Conditions of Sale:
These Terms and Conditions of Sale binds the parties and the Buyer acknowledges and agrees:
a) Unless otherwise nominated by SQUIDGY, the Buyer shall make cleared payment in advance for all goods ordered/purchased by the Buyer and for all services provided by SQUIDGY, in accordance with these Terms and Conditions of Sale.
b) SQUIDGY may, at any time and from time to time, alter, amend, add or delete its Terms and Conditions of Sale without notice to the Buyer, and the Buyer shall comply with the altered Terms and Conditions of Sale .
c) All orders placed by the Buyer and/or anyone on its behalf will be subject to the Terms and Conditions of Sale, unless expressly agreed to in writing by SQUIDGY to the Buyer or its representative.
d) SQUIDGY shall not be liable for any claim, loss, damage, liability, cost, charge or expense (including consequential loss, loss of profits, revenue or business, and product liability), whether in contract, tort (including negligence), statute or otherwise, whatsoever or however arising which the Buyer or any other person pays, suffers, incurs or is liable for in respect of the sale of goods to it by SQUIDGY, regardless of whether such claim, loss, damage, liability, cost, charge or expense were foreseeable and even if its possibility had been made known, except as specifically stated herein or as imposed by statute.
e) Risk in the goods passes to the Buyer when the goods are received by the Buyer. SQUIDGY shall not be liable to the Buyer for any claim, loss, damage. liability, cost, charge or expense including consequential loss, loss of profits, revenue or business, and product liability), whether in contract, tort (including negligence), statute or otherwise, incurred or incurable by the Buyer arising from any delays, shortage or goods which may be unavailable at the time of expected delivery, regardless of whether such claim, loss, damage, liability, cost, charge or expense were foreseeable and even if its possibility had been made known, except as specifically stated herein or as imposed by statute.
f) All prices are exclusive of GST (unless stated otherwise)
g) Unless otherwise stated by SQUIDGY, cleared payment of all invoices are to be received by SQUIDGY, in advance of release of goods.
h) SQUIDGY will accept returns for credit up to 7 calendar days from the date of the order being delivered but reserves the right to charge a restocking fee [in the amount of 20%% of the price for those goods] when returns for credit are accepted. After this time the goods will be considered accepted by the Buyer. Goods which are agreed by SQUIDGY to be returned for credit must be delivered to SQUIDGY at the Buyer ’s expense and if they are used, damaged or broken, as determined by SQUIDGY in its absolute discretion, they will not be accepted for credit.
i) SQUIDGY warrants that goods sold by it are free from defects in material and workmanship. SQUIDGY otherwise excludes all representations and warranties, including as to merchantability and fitness for purpose, relating to the goods and services or otherwise, whether expressed or implied by law, trade, custom or otherwise. Certain legislation such as Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent state or territory legislation, imply rights or guarantees in relation to the goods and services which cannot be excluded, restricted or modified. Where such statutory provisions apply, to the extent to which SQUIDGY is permitted by law, its liability shall be limited at its option to:-
(i) in the case of supply of goods, the replacement of the goods or supply of equivalent goods; or
(ii) the payment of the cost of replacing the goods or acquiring equivalent goods; or
(iii) the payment of the cost of having the goods repaired; or
(iii) the repair of the goods
In the case of services, the supply of the services again or the payment of the cost of having services supplied again.
j) To the full extent permitted by law and subject only to express exceptions contained in these Terms and Conditions of Sale, SQUIDGY shall under no circumstances be liable in any way whatsoever to the Buyer for any form of loss, damage, liability, cost, charge or expense (including consequential loss, loss of profits, revenue or business, and product liability), whether in contract, tort (including negligence), statute or otherwise, the Buyer or any other party pays, suffers, incurs or is liable for in consequence of or which result directly or indirectly out of the supply of goods or services by SQUIDGY regardless of whether such claim, loss, damage, liability, cost, charge or expense were foreseeable and even if its possibility had been made known.
Legal title and property in the goods and materials supplied by SQUIDGY shall not pass to the Buyer and the right title and interest in such goods will always remain vested in SQUIDGY, until such time as all goods supplied by SQUIDGY are paid for in full by the Buyer. Legal title and property in the goods and materials supplied by SQUIDGY shall not pass to the Buyer and the right title and interest in such goods will always remain vested in SQUIDGY, until such time as all goods supplied by SQUIDGY are paid for in full by the Buyer.