1. Definitions
1.1 “Seller” shall mean Outdoors Warehouse Pty Ltd its successors and assigns or any person acting on behalf of and with the authority of Outdoors Warehouse Pty Ltd.
1.2 “Buyer” shall mean the Buyer (or any person acting on behalf of and with the authority of the Buyer) as described on any quotation, work authorisation or other form as provided by the Seller to the Buyer.
1.3 “Goods” shall mean Goods supplied by the Seller to the Buyer (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms as provided by the Seller to the Buyer.
1.4 “Services” shall mean all Services supplied by the Seller to the Buyer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).
1.5 “Price” shall mean the price payable for the Goods as agreed between the Seller and the Buyer in accordance with clause 5 of this contract.
2. The Commonwealth Trade Practices Act 1974 (“TPA”) and Fair Trading Acts (“FTA”)
2.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the TPA or the FTA in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.
3. Acceptance
3.1 Any instructions received by the Seller from the Buyer for the supply of Goods and/or the Buyer’s acceptance of Goods supplied by the Seller shall constitute acceptance of the terms and conditions contained herein.
3.2 All literature, samples, specifications, dimensions and weights (where the terms “gold” and “silver” refer to colour only) submitted with this quotation are approximate only and the data and descriptions contained in catalogues and other advertising material while being as accurate as possible may not necessarily be identical with products and services the Seller supplies, and the Seller reserves the right to supply products that have minor modifications in specifications as the Seller sees fit.
3.3 The descriptions, illustrations and performances contained in catalogues, other advertising material and price lists do not form part of the contract of sale of the products.
3.4 Goods are supplied by the Seller only on the terms and conditions of trade herein to the exclusion of anything to the contrary in the terms of the Buyer’s order notwithstanding that any such order is placed on terms that purport to override these terms and conditions of trade.
3.5 Store Credits - if for any reason you have been allocated a store credit to your Outdoors Warehouse account - please be aware this is completely NON-REFUNDABLE.
4. Local Laws
The Buyer agrees that he/she is in compliance with their local laws when making a purchase from Outdoors Warehouse. Outdoors Warehouse will NOT post restricted items to States where such item is illegal.
To learn more about the laws in your area please follow these links:
· ACT Prohibited Weapons Act 1996
· NSW Weapons Prohibition Act 1988
· SA Summary Offences (Dangerous Articles & Prohibited Weapons) Regulations 2000
· TAS Police Offences Act 1935
· VIC Control of Weapons Act 1990
5. Price and Payment
5.1 At the Seller’s sole discretion the Price shall be either:
(a) as indicated on invoices provided by the Seller to the Buyer in respect of Goods supplied; or
(b)the Seller’s current price at the date of delivery of the Goods according to the Seller’s current website price
The Buyer acknowledges all quoted delivery dates and costs are estimated only.
5.2 The Seller reserves the right to change the Price in the event of a variation to the Seller’s quotation.
5.3 Payment shall be prior to the Goods being shipped.
5.4 Payment will be made by credit card (plus a surcharge of up to two and one half percent (2.5%) of the Price), or by any other method as agreed to between the Buyer and the Seller.
5.5 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
6. Delivery of Goods
6.1 At the Seller’s sole discretion delivery of the Goods shall take place when:
(a) the Buyer takes possession of the Goods at the Seller’s address; or
(b)the Buyer takes possession of the Goods at the Buyer’s nominated address (in the event that the Goods are delivered by the Seller or the Seller’s nominated carrier); or
(c) the Buyer’s nominated carrier takes possession of the Goods in which event the carrier shall be deemed to be the Buyer’s agent.
6.2 All freight is to be arranged by the Seller and the associated costs are to be charged to the Buyer for payment.
6.3 The Buyer acknowledges that all quoted delivery costs and dates are estimated.
6.4 The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Buyer is unable to take delivery of the Goods as arranged then the Seller shall be entitled to charge a reasonable fee for redelivery.
6.5 Delivery of the Goods to a third party nominated by the Buyer is deemed to be delivery to the Buyer for the purposes of this agreement.
6.6 The Seller may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
6.7 The failure of the Seller to deliver shall not entitle either party to treat this contract as repudiated.
6.8 The Seller shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the Goods (or any of them) promptly or at all, where due to circumstances beyond the control of the Seller.
7. Back Ordered Goods
7.1 Although either party may cancel Goods on back order, should the Buyer cancel, the Buyer shall be liable for any loss incurred by the Seller (including, but not limited to, any loss of profits) up to the time of cancellation.
7.2 The Buyer accepts that any estimated delivery time supplied by the Seller for delivery of back ordered Goods is subject to change.
7.3 Any Goods that are placed on back order are not subject to the delivery costs as stated in clause 5.2.
8. Risk
8.1 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Buyer, the Seller is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Seller is sufficient evidence of the Seller’s rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiries.
8.2 All items sold on www.outdoorswarehouse.com.au are brand new in original packaging unless stated otherwise (i.e. 2nds, no warranty, runout etc). Seals/shrink wrap may be opened on some products, due to either: quality control, dimension records, postage estimation purposes, images, incoming item confirmation, returned item etc. However we assure the items received by the Buyer are in brand new condition and all warranties apply from purchase date. If the Buyer is unsatisfied with the presentation condition, they will need to follow the Returns Procedure to determine whether it will be Refunded or Replaced on a 'non-defective' or 'defective' goods basis - both may incur fees.
9. Title
9.1 The Seller and the Buyer agree that ownership of the Goods shall not pass until:
(a) the Buyer has paid the Seller all amounts owing for the particular Goods; and
(b)the Buyer has met all other obligations due by the Buyer to the Seller in respect of all contracts between the Seller and the Buyer.
9.2 Receipt by the Seller of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the Seller’s ownership or rights in respect of the Goods shall continue.
10. Warranty
10.1 Subject to the conditions of warranty set out in clause 9.2 the Seller warrants that if any defect in any workmanship of the Seller becomes apparent and is reported to the Seller within twelve (12) months of the date of delivery (time being of the essence) then the Seller will either (at the Seller’s sole discretion) replace or remedy the workmanship.
10.2 The conditions applicable to the warranty given by clause 9.1 are:
(a) the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
(i) failure on the part of the Buyer to properly maintain any Goods; or
(ii) failure on the part of the Buyer to follow any instructions or guidelines provided by the Seller; or
(iii) any use of any Goods otherwise than for any application specified on a quote or order form; or
(iv) the continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
(v) where the Goods have been mechanically or electrically overloaded; or
(vi) failure on the part of the Buyer to correctly install the Goods; or
(vii) the failure of the Buyer to protect the Goods from contact with corrosive or abrasive materials resulting in damage to the Goods; or
(viii) fair wear and tear, any accident or act of God.
(b)the warranty shall cease and the Seller shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without the Seller’s consent.
(c) in respect of all claims the Seller shall not be liable to compensate the Buyer for any delay in either replacing or remedying the workmanship or in properly assessing the Buyer’s claim.
10.3 For Goods not manufactured by the Seller, the warranty shall be the current warranty provided by the manufacturer of the Goods. The Seller shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.
11. Intellectual Property
11.1 Where the Seller has designed, drawn or written Goods for the Buyer, then the copyright in those designs and drawings and documents shall remain vested in the Seller, and shall only be used by the Buyer at the Seller’s discretion.
12. Cancellation
12.1 The Seller may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Buyer. On giving such notice the Seller shall repay to the Buyer any sums paid in respect of the Price. The Seller shall not be liable for any loss or damage whatever arising from such cancellation.
12.2 In the event that the Buyer cancels delivery of Goods the Buyer shall be liable for any loss incurred by the Seller (including, but not limited to, any loss of profits) up to the time of cancellation.
13. General
13.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
13.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales and are subject to the jurisdiction of the courts of New South Wales.
13.3 The Seller shall be under no liability whatever to the Buyer for any indirect loss and/or expense (including loss of profit) suffered by the Buyer arising out of a breach by the Seller of these terms and conditions.
13.4 In the event of any breach of this contract by the Seller the remedies of the Buyer shall be limited to damages which under no circumstances shall exceed the Price of the Goods.
13.5 The Buyer shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Buyer by the Seller.
13.6 The Seller may license or sub-contract all or any part of its rights and obligations without the Buyer’s consent.
13.7 The Buyer agrees that the Seller may review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which the Seller notifies the Buyer of such change.
13.8 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
13.9 The failure by the Seller to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Seller’s right to subsequently enforce that provision.
14. Privacy
14.1 Outdoors Warehouse will never sell or give your e-mail address (or any other information about you) to anyone else without your permission. We are fully committed to protecting your privacy.
14.2 Personal information provided will only be used to process your order and to notify you of upcoming events, changes to the website or special promotions. Information collected is protected on a secure server. We do not sell or rent the information you provide to us online to third parties.
14.3 If our information practices change in the future, we will let you know by posting the policy changes on our Web site or by communicating directly with you. We will notify you of any such change before we use your information in a manner not previously disclosed. You will have the opportunity at that time to opt out of any new use of your information.