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- Terms and Conditions of Sale
1. General
1.1 This website is operated by Kelvindale Products Pty Ltd (Kelvindale). Your use of the website is conditional upon your acceptance and compliance with the Conditions, notices and disclaimers set out below. You should read them now. By accessing or using this website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Conditions of Sale (Conditions).
1.2 These Conditions are paramount and take precedence over any other terms, which may be required by you.
2. Orders
2.1 Any order placed by you in the manner described in this website is an offer to purchase a particular product for the price (including the delivery and other charges and taxes) specified in this website at the time you place your order on these Conditions.
2.2 Kelvindale reserves the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this website, or an error in your order.
2.3 Your contract with Kelvindale comes into existence when it forwards confirmation of receipt of your order and payment.
3. Prices
3.1 The prices of the goods are as shown on Kelvindale’s Quotation, Confirmation of Order, Packing Note, Dispatch Docket, Invoice or other similar document.
3.2 All prices are subject to any variation in exchange rates, customs duties, taxes, freight, insurance rates and suppliers’ selling prices which occur before delivery of the goods.
3.3 Prices quoted exclude sales tax and any other tax or levy that may be imposed in relation to sales of goods from time to time. All such taxes are payable by you in addition to the price of the goods. If you claim exemption from sales tax you must supply a written signed order quoting the sales tax exemption number.
3.4 Unless otherwise agreed by Kelvindale all freight and dispatch charges are the responsibility of
you.
3.5 Unless otherwise stated by Kelvindale in writing, payment is due a net 30 days from date of
invoice.
3.6 Payment may be in cash, by cheque, direct deposit, Visa card, Master card or American
Express.
3.7 Kelvindale may charge interest on any overdue amount calculated on a daily basis from the due date until actual payment at 2% above the base rate charged by Kelvindale’s bankers on current overdraft facilities, such rate being calculated as the 15th of each month and to apply to despite amounts during that calendar month.
3.8 All costs incurred in the recovery of any overdue amount (including collection costs and solicitors’ fees) will be the responsibility of you.
4. Goods and Services Tax (GST)
4.1 Prices displayed on this website are exclusive of GST which must be paid in addition(if applicable).
5. Delivery
5.1 Orders cannot be modified or cancelled after acceptance except with the written consent of Kelvindale. If that consent is given you will be liable for immediate payment for any completed part of the order and for any material used or tooling work performed.
5.2 Kelvindale will use its best endeavors to fulfill any orders but may cancel any order relating to any goods which in the opinion of Kelvindale it is impractical or uneconomical to produce or supply.
5.3 Kelvindale will use its best endeavors to make delivery at any time specified in an order (if a time is specified) but will not be responsible for any loss or damage sustained by you or any other person, by reason any delay in delivery or any failure to fulfill an order or make delivery, however caused.
5.4 The acceptance of shipment by your carrier shall constitute a delivery to you and Kelvindale shall not be responsible for goods lost or damaged in transit.
6. Returned Goods Policy
6.1 If Kelvindale misinterprets your order, you may return the goods for full replacement, provided the goods are in good condition and the error is reported to Kelvindale within 7 days after delivery of the goods.
6.2 Kelvindale will replace or give credit for defective goods but only if the following procedure is
followed:
6.2.1 a written claim must be received by Kelvindale within 7 days after the delivery of the goods;
6.2.2 the claim must quote Kelvindale’s invoice or Packing Slip Number and must specifically identify the defect and where possible be accompanied by a sample of the defected goods;
6.2.3 On approval of the claim, Kelvindale will issue a Return Authorization which is to be attached to the goods when returned. Under no circumstances will Kelvindale pay for the cost of any freight which has not been authorized by Kelvindale.
6.3 Failure to observe this procedure will result in the goods being returned to you at your expense.
6.4 If an incorrect delivery is deemed by Kelvindale to be the fault of you a restocking fee may be charged.
6.5 If free delivery was provided and goods are returned for reasons other than Kelvindale's fault customer agrees to pay the original delivery fee paid by Kelvindale.
7. Retention of Title
7.1 Kelvindale will retain title to the goods you order until you have make payment in full for those
goods.
7.2 Until full payment has been made:
7.2.1 The goods will be held by you immediately as Kelvindale’s bailee and, if directed by Kelvindale, will be stored so that it is clear that they are the property of Kelvindale;
7.2.2 Kelvindale, its agents and employees may without notice enter any property occupied by you to search for, disconnect and remove the goods;
7.2.3 If the goods have been resold, you must account to Kelvindale as Kelvindale’s agent for the proceed of such resale; and
7.2.4 Kelvindale will not be liable to you or any other person for the exercise of its rights under this
clause.
8. Personal Property Securities Act 2009 (PPSA)
8.1 You agree and acknowledge that these Conditions:
8.1.1 constitute a security agreement for the purposes of the PPSA; and
8.1.2 create a security interest in all goods previously supplied to you by Kelvindale (if any) and all goods that will be supplied to you in the future by Kelvindale.
8.2 You undertake to:
8.2.1 promptly sign any further documents and/or provide any further information which Kelvindale may reasonably require to:
- register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
- register any other document required to be registered by the PPSA; or
- correct a defect in the statement referred to in this clause 8.
8.2.2 indemnify and upon demand reimburse, Kelvindale for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any goods charged thereby;
8.2.3 not register a financing change statement in respect of a security interest without the prior written consent of Kelvindale;
8.2.4 not register, or permit to be registered, a financing statement or a financing change statement in relation to the goods in favour of a third party without the prior written consent of Kelvindale;
8.2.5 immediately advise Kelvindale of any material change in its business practices of selling the goods which would result in a change in the nature of proceeds derived from such sales; and
8.2.6 immediately advise Kelvindale of any proposed change in your name and/or any other changes in your details.
8.3 You agree that sections 96, 115 & 125 of the PPSA do not apply to the security agreement created by these Conditions.
8.4 You hereby waive your rights to receive notices under sections 95, 118, 121 (4), 130, 132(3)(d) & 132(4) of the PPSA.
8.5 You waive your rights as a grantor and/or a debt or under sections 142 & 143 of the PPSA.
8.6 Unless otherwise agreed to in writing by Kelvindale, you waive your right to receive a verification statement in accordance with section 157 of the PPSA.
8.7 You must unconditionally ratify any actions taken by Kelvindale under this clause 8.
9. Risk &Insurance
9.1 Risk in the goods passes to you at the time of dispatch from Kelvindale's premises and you must keep the goods insured from that time.
10. Warranty
10.1 Kelvindale warrants that all goods sold are free from defects in materials and workmanship as at the date of dispatch by Kelvindale. To the extent permissible by law, Kelvindale excludes all representations or warranties not expressly set out in these Conditions.
10.2 To the extent permissible by law, Kelvindale’s liability for breach of any warranty set out in these Conditions or any warranty which Kelvindale is not entitled to exclude is limited to, at the option of Kelvindale the:
10.2.1 replacement of the goods, or
10.2.2 refund of the cost of the relevant goods.
10.3 You may exercise your rights under this clause 10 by notifying Kelvindale in writing at 32 Clyde Street Rydalmere NSW 2116 (+61296380100).
10.4 The benefits provided to you by the warranties contained in this clause 10 are in addition to other rights and remedies available to you under the law.
10.5 Kelvindale's 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 or for 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.
10.6 You acknowledge and agree that Kelvindale has made no warranty or representation that the goods are suitable for any purpose or application.
11. Limitation of liability
11.1 Except as expressly provided in these Conditions, to the maximum extent permitted by law Kelvindale shall not be liable to you by way of indemnity or by reason of any breach of these Conditions or any statutory duty or any common law duty for any direct, punitive, exemplary, special, indirect or consequential loss or damages suffered by you.
11.2 Kelvindale shall not be liable to you in respect of any personal injury and/or property damage in respect of any goods supplied by Kelvindale and to be used in or on aircraft components.
11.3 Kelvindale will in no way be liable for any direct, indirect, incidental, special or consequential damages (including loss of profits), resulting from use or inability to use this website or for the cost of procurement of substitute goods or resulting from any goods purchased or obtained or messages received or transactions entered into through this website or resulting from unauthorized access to or alteration of your transmissions or data or of any information contained on this website.
11.4 You indemnify Kelvindale against all claims, losses, costs, suits or expenses for damage to property or injury to or death of any person arising from the goods or their use or application.
12. Cancellation
12.1 Kelvindale may at any time cancel any order, in whole or in part, under these Conditions if:
12.1.1 you are in material breach of any of your obligations under these Conditions;
12.1.2 you resolve to go into liquidation or have a petition for your winding up presented or enter into any scheme or arrangement with your creditors or have a liquidator, provisional liquidator, receiver or official manager appointed;
12.1.3 as an individual you commit an act of bankruptcy;
12.1.4 you cease or threaten to cease to carry on business; or
12.1.5 Kelvindale reasonably apprehends that any of the events in this clause 11.1 may be about to occur in relation to you.
13. Assignment and subcontracting
13.1 You may not subcontract, assign, transfer, encumber or otherwise dispose of or deal with any of your rights or obligations under these Conditions without Kelvindale's consent.
14. Confidential information
14.1 You undertake that you will not disclose to any person any confidential information relating to Kelvindale or these Conditions of which you have become possessed as a result of the negotiations preceding these Conditions.
15. Waiver and severability
154.1 No failure to exercise and no delay in exercising any right, power or remedy under these Conditions will operate as a waiver. Nor will any single or partial exercise of any right power or remedy preclude any other or further exercise of that or any right, power or remedy.
15.2 Any provision in these Conditions which is invalid or unenforceable is to be read down, if possible, so as to be valid and enforceable, and is otherwise to be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Conditions of sale.
16. Governing Law
16.1 These Conditions are to be governed by the laws of New South Wales Australia. You submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.
17. Disclaimer
17.1 While the information contained in this website is believed to be accurate and current, it is provided by Kelvindale in good faith on an "as is" basis.
17.2 Kelvindale, its directors, officers or employees make no representation or warranty as to the reliability, accuracy or completeness of the information contained on this website and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained in this website.
17.3 Bag's are packed as per weight and variance of 5% in quantity is within the allowed range keeping in mind the process involved.
18. Links
18.1 This website contains links to websites not maintained, controlled or associated with Kelvindale and it does not make any endorsement, or any representation as to the accuracy of information contained on those websites.
19. Copyright
19.1 Kelvindale is the copyright owner of the content of this website or is licensed by the copyright owner to use the content on this website.
19.2 Except as permitted by the Copyright Act 1968 (Cth) no part of this website may be reproduced, adapted, performed in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taking or by a storage and information retrieval system) without the specific prior written consent of Kelvindale.
20. Viruses
20.1 Kelvindale does not represent that any information (including any file) obtained from or through this website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses.
20.2 Kelvindale will not be liable to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any computer virus or other faults or defect in this website.
21. Privacy statement
21.1 This website has been constructed in a way that general information about Kelvindale and its products is available to anyone who visits it. You will have full access to the product range, company history and contact details without registration. To view detailed information and place online orders you are required to register online. Information provided online at the time of registration is not shared with any other company and will not be used to send you marketing information regarding our products without your consent. As a policy we do not store your credit card information and once the payment is processed we do not have access to the card numbers. No one from Kelvindale will see the credit card details that you enter online. We use a bank hosted payment system so all the payment details are entered directly into the bank’s payment gateway.
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