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Please note:- EnergeticGolfer makes every effort to ensure all details are accurate and correct, however we reserve the right to correct any errors or omissions including advertised prices.
ABN 77 215 531 942
Freight Charges
$7.00 anywhere in Australia.
Conditions of Sale
EnergeticGolfer
CONDITIONS OF SALE
1. Determination of conditions
These conditions shall apply to all orders for goods placed by buyer with EnergeticGolfer to the exclusion of all other terms or conditions unless otherwise expressly agreed in writing. If the terms of the buyer's order are inconsistent with these conditions then the delivery of the goods to the buyer or as the buyer directs shall constitute an offer by EnergeticGolfer to sell the goods to the buyer pursuant to these conditions, which offer buyer shall be deemed to accept by retaining the goods.
2.EnergeticGolfer may decline orders
EnergeticGolfer reserves the right to accept in whole or part any order or decline an order or part order not accepted is deemed cancelled.
3.Cancellation of orders
Once lodged with EnergeticGolfer, an order may not be cancelled or delivery delayed without EnergeticGolfer's prior agreement in writing and then only on the terms incorporated in such agreement.
4.Delays
Any date for delivery given by EnergeticGolfer is the estimated date for delivery only and EnergeticGolfer shall be under no liability for any loss or damage howsoever arising if the goods are not delivered by that date. Where EnergeticGolfer is unable to deliver the goods because of accidents to machinery, differences with workmen, strikers, lockouts, breakdowns, labour shortages, fires, floods, priorities required or requested by any Government or agents thereof, delays in transportation, lack of transportation facilities or restrictions imposed by any laws or any other cause beyond the control of EnergeticGolfer, then the estimated date for delivery shall be extended until the cessation of such matter of matters.
5.Point of delivery and passing of risk
Unless otherwise agreed in writing or stated in EnergeticGolfer's current price list, buyer shall take delivery of the goods at EnergeticGolfer's nominated premises and risk in respect of the goods shall pass on such delivery. To the extent that EnergeticGolfer accept responsibility for damage to goods in transit, such responsibility shall end upon delivery into buyer's store. In any event, EnergeticGolfer will accept no liability for damage to goods in transit not notified in writing to it and to the carrier concerned within seven (7) days after delivery of the goods to buyer.
6. Non-Delivery
EnergeticGolfer shall accept no liability for non-delivery of goods unless written notification of such non-delivery is received within 21 days after receipt of EnergeticGolfer's invoice including those non-delivered goods. EnergeticGolfer's liability for non-delivery shall be limited to replacement of the goods within a reasonable time.
7.Warranties
a) Sale to Non-consumers
In the case of goods supplied by EnergeticGolfer to a person or corporation who or which is not a consumer within the meaning of the Trade Practices Act 1974 ( such consumer being hereinafter referred to as "consumer")
i)Except as provided herein, buyer agrees that it has not relied on any inducement, representation or statement made by or on behalf of EnergeticGolfer in purchasing the goods and that there are no implied conditions or warranties herein and no collateral contracts in connection herewith (except such as may be in writing and signed by a duly authorised representative of EnergeticGolfer)
ii)EnergeticGolfer shall not be liable to make good any expenditure, damages and/or loss arising out of any user or dealing with any goods delivered pursuant hereto, however such expenditure, damages or loss shall arise and whether from any defect in the goods or otherwise howsoever. EnergeticGolfer's liability being strictly limited to replacement of any defective goods on such defective goods being returned to EnergeticGolfer at its premises at the cost of the buyer. EnergeticGolfer shall not be liable for any special, consequential, direct or indirect loss, damage, harm or injury suffered or incurred by buyer goods delivered to EnergeticGolfer remain at buyers risk. EnergeticGolfer shall not be liable for any loss or damage to goods in EnergeticGolfer's possession whether caused by the negligence of any of EnergeticGolfer's servants, agents or employees or other cause whatsoever.
b)Sale to consumers
In the case of goods supplied by EnergeticGolfer hereunder to a person or corporation who or which is a consumer.
i)Except for any other conditions or warranties issued in writing by EnergeticGolfer and except for those conditions and warranties implied by the Trade Practices Act 1974 or other sale good or consumer protection legislation which cannot be excluded, buyer agrees that it has not relied on any inducement, representation or statement made by or on behalf of EnergeticGolfer in purchasing the goods and there are no implied conditions or warranties herein or collateral contracts in connection herewith (except such as may be in writing and signed by a duly authorised representative of EnergeticGolfer).
ii)To the extent that the goods the subject here at are goods of a kind not ordinarily acquired for personal domestic or household use or consumption: the liability of EnergeticGolfer to buyer for breach of any warranty or condition (other than a warranty or condition implied by section 69 of the trade practices act 1974) or for breach of any duty of care shall in all cases be limited, at the option of EnergeticGolfer, to any one or more of the replacement of the goods or the supply of equivalent goods, the repair of goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired. And, without limiting the generality of the forgoing EnergeticGolfer shall not be liable for any special consequential direct or indirect loss, damage, harm or injury suffered or incurred as a result of any such breach.
iii)Goods delivered to EnergeticGolfer remain at buyer's risk: EnergeticGolfer shall not be liable for any loss of or damage to goods in EnergeticGolfer's possession whether caused by negligence of any of EnergeticGolfer's servants, agents or employees or any other cause whatsoever.
c) Manufacturer's Liability
In the event that buyer calls upon EnergeticGolfer to indemnify buyer pursuant to a right accruing to buyer under the trade practices act 1974 in respect of any liability of buyer to a consumer as a result of a breach of a condition or warranty implied by that act in a contract for the supplier of goods by buyer to that consumer:
i)In respect of goods that are of a kind ordinarily acquired for personal, domestic or household use or consumption, the foregoing provisions will not apply and the liability of EnergeticGolfer to buyer as aforesaid in respect therefore is limited to indemnifying buyer in accordance with the trade practices act 1974.
ii)In respect of goods other than goods of a kind ordinarily acquired for personal, domestic or household use or consumption, the liability of EnergeticGolfer to buyer as aforesaid in respect thereof is, subject to the trade practices act, 1974, limited to a liability to pay to buyer an amount equal to the cost of replacing the goods, or the cost of obtaining equivalent goods, or the cost of having the goods repaired, whichever is the lowest amount.
10.Return of goods
a)Return not generally accepted all returns will incur a 20% or $15.00 minimum fee upon the original purchase price as restocking fee.
Except in accordance with clause 6 hereof, no goods shall be returned without prior consent in writing of EnergeticGolfer and where goods are returned without such consent, they shall be returned to buyer at buyer's expense.
b)Manner of return
Unless otherwise agreed in writing by EnergeticGolfer, all returns should be made via EnergeticGolfer's authorised transport making the initial delivery and all goods must be accompanied by an itemised credit claim signed by an officer of the buyer stating the reason for the return of goods. Intention to return goods must be notified to EnergeticGolfer within 7 days of delivery to buyer and return must be to EnergeticGolfer's premises within 2 weeks of dispatch of the goods from EnergeticGolfer's premises.
c) Returnable goods
Notwithstanding the foregoing, products in unopened, undamaged and original packages may be returned provided that they are received into EnergeticGolfer's premises no later than 2 weeks after date of expiry and provided that transportation charges in respect thereof are paid by buyer.
d)Non-returnable goods
Return shall not be accepted of any of the following:
i)Products which are more than 2 weeks from date of sale.
ii)Products returned by other than the original buyer, and
iii)Products expressly sold on a non-return basis.
11.Governing law and submission to jurisdiction
These conditions and any contract incorporating them shall be governed by and construed in accordance with the laws of the State of New South Wales and the parties hereto accept the exclusive jurisdiction of the courts expressing jurisdiction in that state.
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