This agreement set out the terms under which ONE STOP WAREHOUSE PTY LTD ABN 46 161 849 323 (the Seller) provides goods or services to you (being the individual, company or legal person purchasing such goods or services) (the Buyer). If the Buyer orders, accepts or pays for any goods or services after receiving or becoming aware of these terms, or otherwise indicates assent, then the Buyer is taken to have accepted these terms.
(a) These terms will apply to all the Buyer’s dealings with the Seller, including being incorporated in all agreements, quotations or orders under which the Seller is to provide goods or services to the Buyer (each a Purchase Order) together with any additional terms included in such Purchase Order (provided such additional terms are recorded in writing).
(b) The Seller is entitled to vary any Purchase Order for goods where goods have been superseded by the manufacturer. Goods may vary slightly where they have been superseded by the manufacturer.
(c) The Buyer cannot cancel a Purchase Order once it has been accepted by the Seller.
Unless otherwise agreed:
(a) If the Seller issues an invoice to the Buyer, payment must be made by the time specified on such invoice.
(b) In all other circumstances, the Buyer must pay for all goods and services on or prior to delivery or pickup.
(c) If the Buyer’s payment is dishonoured or reversed for any reason, the Buyer must immediately make that payment again.
(d) The Seller reserves the right not to release any goods or provide any services to the Buyer until all goods and services have been paid for in cleared funds.
(e) The Seller may require a proof of purchase (POP) prior to delivery or pickup.
(f) The Buyer must not set off any money alleged to be owing by the Seller against money due by the Buyer to the Seller.
Unless otherwise indicated, amounts stated in Purchase Orders on the Seller’s website or in stores, do not include GST. In relation to any GST payable for a taxable supply by the Seller, the Buyer must pay the GST subject to the Seller providing a tax invoice.
The Seller reserves the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).
(a) The Buyer acknowledges that despite the Seller’s reasonable precautions, goods may be listed at an incorrect price, or with incorrect availability and/or other information, due to typographical errors or oversight. In such circumstances, the Seller reserves the right to cancel a Purchase Order, even if the Purchase Order has been paid for and previously accepted by the Seller.
(b) If the Seller cancels a Purchase Order in accordance with clause 3(a), the Seller will as soon as practicable contact the Buyer and issue a refund for any payment the Buyer has made for the cancelled order.
(c) The Seller will endeavour to make any refund under this clause using the same payment method as the payment method used by the Buyer during the original purchase, however may vary this method at its discretion.
(a) Unless otherwise indicated, amounts stated in Purchase Orders, on the Seller’s website or in stores, do not include delivery.
(b) For goods to be delivered, the Seller will charge the Buyer for delivery (notwithstanding that it may not have previously done so).
(c) Delivery is to the delivery point specifically accepted by the Seller.
(d) The Seller shall make all reasonable attempts to meet the scheduled delivery date(s) however will not be held liable for failure to meet these dates or for non-delivery of the goods.
(e) If the Seller is unable to complete the delivery within the agreed time schedule due to the Buyer’s absence or other fault of the Buyer, the Buyer will be liable for all charges and costs incurred including but not limited to warehousing, transportation and redelivery.
(f) If the Buyer organises delivery independently of the Seller, the Seller shall not be held liable for non-delivery, lateness of delivery or loss or damage of the goods during transit.
(g) The Seller may, at its discretion, deliver the goods to the Buyer in any number of instalments.
(a) Where the Buyer considers that any goods are damaged in transit, the Buyer must within two (2) weeks of receiving the goods, lodge a request for a replacement of the damaged goods (Replacement Request) either in person, by phone or by email.
(b) The Replacement Request must contain the details of the relevant goods (including the product serial number), a detailed description of the damage, photographs of the damage, an electrician’s report, if there is no visible damage, and/or other evidence that can substantiate the claim that the damage occurred in transit.
(c) If, upon inspection of the evidence provided in the Replacement Request, the Seller agrees that the goods were damaged in transit, the Seller may issue a replacement of the damaged goods.
(d) Such a replacement will occur as soon as practicable but not before the Buyer returns the damaged goods to the Seller either in-store or via courier at their cost.
(a) For all goods to be picked up, the Buyer must supply the Seller with a POP prior to 11am on the day of the pickup.
(b) If the POP is not received by the Seller before 11am, the goods will be available for pick up on the next business day.
(c) If the Buyer wishes to pick up the goods on the day of the purchase, the goods will only be available three (3) hours after the Order is received by the Seller.
(a) Where Seller is requested by the Buyer or required to store goods in their warehouse for periods of greater than thirty (30) days, the Seller reserves the right to invoice the Buyer upfront for all costs already incurred by the Seller and the Buyer must agree to pay such invoices in accordance with clause 2 of this agreement.
(b) Where the Seller warehouses or stores goods on behalf of the Buyer due to a delay on behalf of the Buyer or on the Buyer’s request, the Buyer agrees to pay a warehousing fee of 3% of the total quoted value of all goods in storage per quarter or part thereof. These charges will be invoiced quarterly in advance.
(a) The Seller endeavours to ensure that the descriptions and specifications in relation to the products on its website or in catalogues are accurate. However, photographs, drawings, illustrations, weights, dimensions and any other particulars accompanying, associated with or given in a quotation, descriptive literature or a catalogue are based on information provided by manufacturers and suppliers and, as such the Seller does not guarantee that those descriptions and specification are accurate or free from errors or omissions. The Seller reserves the right to make any necessary corrections to the descriptions or specifications without notice.
(b) To the extent permitted by law, any performance data provided by the Seller, a supplier or a manufacturer is an estimate only and should be construed accordingly.
(a) Until the price of goods is paid in full, title in those goods is retained by the Seller.
(b) Subject to clause 4.2, risk in the goods will pass on delivery to the Customer. Delivery may not be refused by the Customer.
(c) If the Buyer does not pay for any goods on the due date for payment, the Buyer authorises the Seller, its employees and agents to enter any premises occupied by the Buyer or any other place where the goods are located and use reasonable force to retake possession of the goods without liability for trespass or damage.
(d) The Seller may at its option keep or resell goods retaken from the Buyer.
(e) If the Buyer sells the goods or sells items into which the goods are incorporated before payment in full to the Seller, the Buyer acknowledges that such sale is made by the Buyer as bailee for and on behalf of the Seller, to hold the proceeds of sale on trust for the Seller, in an account in the name of the Seller, and must pay that amount to the Seller on demand.
The Seller will only replace returned goods if:
(a) the goods are defective and the Buyer complies with the provisions of this clause 9; or
(b) the Seller agrees to accept the return of the goods.
If the Buyer fails to comply with the provisions of this clause 9 in respect of defective goods, the Seller may, in its discretion, issue only a partial replacement or no replacement in respect of such defective goods, provided that nothing in this clause 9 is intended to limit the operation of any manufacturers’ warranties which the Buyer may be entitled to or any rights of the Buyer which cannot be excluded under applicable law.
Where the Buyer considers that any goods provided by the Seller are defective, the Buyer must, within one (1) business day of receiving the goods in the case of delivery and immediately in the case of a pickup, inform the Seller of that fact either in person, by phone or by email.
To obtain a replacement of any goods (whether defective or not), the Buyer must within two (2) weeks of either the delivery or the pickup of the goods (unless otherwise directed by the Seller):
(a) pack the relevant goods in their original packaging, including any accessories, manuals, documentation or registration shipped or supplied with the goods;
(b) return the goods to the Seller either in-store, or via courier in their original condition, where original condition means the goods have not sustained any damage and have not been fitted or installed; and
(c) bear any costs associated with returning the goods to the Seller.
If, upon inspection, the Seller agrees that the goods are defective, or, at its absolute discretion, agrees to accept the goods in the case of a change of mind, the Seller may issue a replacement of the goods. In such cases, the Buyer agrees to pay a 3% restocking fee and a delivery fee, where the replacement goods need to be delivered.
Where defective goods are from a manufacturer that offers after-sales support in Australia, the Seller will not issue a replacement of the defective goods and will instead refer the Buyer to the manufacturer.
To the maximum extent permitted by applicable law, the Seller excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this agreement or any goods or services provided by the Seller.
Goods sold by the Seller will have only the benefit of any warranty given by the manufacturer. All other express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into these Terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, the Seller’s liability for breach of that non-excludable condition, warranty or guarantee will, at the Seller’s option, be limited to:
(a) in the case of goods, their replacement or the supply or equivalent goods or their repair; and
(b) in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
The Buyer agrees to indemnify the Seller and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from the Buyer or the Buyer’s representatives’ use of any goods or services provided by the Seller.
Under no circumstances will the Seller be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this agreement or any goods or services provided by the Seller.
This agreement is governed by the law applying in Queensland, Australia.
Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
Where the Buyer is unable to pay debts when they fall due or becomes bankrupt or falls into administration, the Seller may give notice to the Buyer for all or some of the following:
(a) Claim immediate payment on all monies due. Any terms outlined in a trading account relating to post-paid terms will become void and all monies due immediately;
(b) Modify trading terms to suit the requirements of the Seller;
(c) Suspend or cancel current orders and/or;
(d) Take steps to recover goods which are in possession of the Buyer.
The Buyer agrees to comply with any request by the Seller to provide further information for the purpose of assessing the Buyer’s creditworthiness, including an updated credit application.
This agreement may only be amended by a document signed by each party.
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to this agreement.
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior consent of each other party.
Copyright © 2013 - 2019 One Stop Warehouse Pty Ltd, all rights reserved.