TERMS AND CONDITIONS OF SALE -AUSTRALIA
DEFINITIONS
In the following Terms and Conditions
of Sale the "Company" shall mean
Trisha Carter Consulting Pty Ltd trading as Trans Cultural Careers and its
related bodies corporate within the meaning of Section 50 of the Corporations
Act and the "Customer" shall mean the entity purchasing the goods or
services the subject of these terms and conditions of sale.
1. ORDERS
Orders accepted by the Company will be subject to the following terms and conditions of
sale as amended from time to time. All orders are to be from the legal entity/parties the
trading account was set up for. The Company accepts these orders in writing in good
faith in the belief they are true and correct. . The Customer acknowledges that it is their full
responsibility to advise the Company of any changes to any of the details relating to the
trading entity and the trading account. This would include but is not limited to
business address or details. Advice must be received immediately the change
takes effect. The Customer acknowledges that failure by them to advise the
Company of any change does not in any way limit the Company's right to pursue
full payment or recovery should the need arise due to a breach in any of the Terms
and Conditions of Sale.
2. TERMS OF PAYMENT
a) By Paypal subject to Paypal’s Terms and Conditions.
b) The Company's records are sufficient evidence of the amount payable by you
to us unless they are shown to be incorrect. You agree that if you dispute any
amount rendered by us for goods or services you will nevertheless pay the
amount of the account in full by the due date for payment and accept that the
Company's decision on the disputed account will be final.
3. PRICING
Orders will be accepted at the prices in effect at the date of transaction. Prices
are subject to change without notice. Any reference to retail prices contained
in the Company's official pricing are recommended retail prices only; there is
no obligation to comply with the recommendation. The company's price list shall
not be construed or operate as an offer or obligation to sell but shall be an
invitation to treat only and the Company reserves the right to accept or reject
in its absolute discretion any orders which may be received by it.
4. GST
GST will be charged on all items sold to all purchasers in Australia in accordance
with the relevant Australian tax legislation guidelines. All invoices will show total GST
paid and total amount due including GST.
5. DELIVERY
Every effort will be made to ensure prompt delivery of goods ordered. However
the Company cannot accept responsibility for delivery delays. Delivery charges
will be at the Customers expense.
6. ACCEPTANCE
The Customer shall inspect the goods forthwith upon delivery and shall within 7
days from the date of delivery give written notice to the Company of any matter
or thing by reason whereof the Customer alleges that the goods are not in
accordance with the Contract. If the Customer fails to give such notice then to
the extent permitted by statute the goods shall be deemed to have been accepted
by the Customer and the Customer shall pay for the goods in accordance with the
provision hereof.
7. RETURNS
All returns of products must be authorised by the Company. All authorised
returns will be subject to a minimum handling charge of 15% of the price of the
goods returned under the Customer as a "consumer" for the purposes of
the Trade Practices Act 1974 or similar State or Territory legislation.
Returned documents must quote the original delivery docket or invoice number
and reason for return. Freighting costs for authorised returns are at the
Customer's expense.
8. DELAY
The Company shall not be liable for any failure to deliver or for any delay in
delivery occasioned by any acts of God, strike, combination of workmen,
industrial action, lockout, difficulty in procuring suitable materials or
articles or substances required in the manufacture of the goods, shortage of
stocks, lack or shortage of labour, delays in transportation or in transit,
governmental or legal prohibitions or restrictions, fire, flood, hostility,
civil commotion or other impediments whatsoever (whether similar in nature to
the foregoing or not) reasonably beyond the Company's control.
9. CLAIMS
Claims for shortages, overcharges etc will only be recognised if made in
writing and forwarded to the Company's Accounts Department within 14 days of
the date of the invoice.
10. EXCLUSION OF IMPLIED CONDITIONS
AND WARRANTIES
The only conditions and warranties which are
binding on the Company in respect of the state, quality or condition of the
goods supplied by it to the Customer and/or in respect of advice
recommendation(s), information or services supplied by it, its employees,
servants or agents to the Customer regarding the goods, their use and
application are those imposed and required to be binding by statute (including
the Trade Practices Act 1974) and to the extent permitted thereby the
liability, if any, of the Company arising from the breach of such conditions or
warranties shall, at the Company's option be limited to and completely discharged in
the case of the goods by either the Supply by the Company of equivalent goods or the
replacement by the Company of the goods supplied to the Customer and in the case
of further advice, recommendation(s), information or services and otherwise by the
supplying of the advice, recommendation(s), information or services again and
otherwise all other conditions or warranties be binding whether
express or implied by law in respect of the state, quality or condition of the
said goods which may apart from this clause be binding on the Company are
hereby expressly excluded and negatived. Except to the extent provided in this
Clause the Company shall have no liability (including liability in negligence)
to any person for any loss or damage consequential or otherwise howsoever
suffered or incurred by any such person in relation to the goods and/or advice
recommendation(s), information or services and without limiting the generality
thereof in particular any loss or damage consequential or otherwise howsoever
suffered or incurred by any such person caused by or resulting directly or
indirectly from any failure, defect or deficiency of whatsoever nature or kind
or in the goods/or advice, recommendation(s), information or services.