- In these Terms:
- “Company” means AGAIG Sailing
“Customer” means the purchaser of Goods from the Company.
“Goods” means all goods sold and/or delivered by the Company to the Customer.
“Terms” means these Terms and Conditions of Sale.
- These Terms apply to all contracts for the sale of Goods by the Company.
- No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by the Company in writing.
- The Customer acknowledges that no employee or agent of the Company has any right to make any representation, warranty or promise in relation to the Goods or the sale of the Goods other than as contained in these Terms.
- Prices are determined at the time of order and, are subject to change without notice.
- Payments are to be made to the Company without any deduction or discount other than as stated in these Terms or in the relevant invoice or statement.
- Payment must be made in full before delivery.
- The Company will dispatch all orders within 5 business days of the order and payment being received.
- If there are likely to be any delays in the dispatch of goods the Company will advise the Customer of the delays as soon as practicably possible.
- Legal and beneficial ownership of the Goods will not pass to the Customer until such time as the Goods have been paid in full or cleared funds.
- Limited Liability
- These Terms do not affect the rights, entitlements and remedies conferred by the Trade Practices Act 1974.
- The Company is not subject to, and the Customer releases the Company from, any liability (including but not limited to consequential loss or damage) because of any delay in delivery or fault or defect in the Goods. The Customer acknowledges that the Company is not:
(a) responsible if the Goods do not comply with any applicable safety standard or similar regulation; and
(b) liable for any claim, damage or demand resulting from such non-compliance.
- If any statutory provisions under the Trade Practices Act 1974 or any other statute apply to the contract between the Company and the Customer (Contract) then, to the extent to which the Company is entitled to do so, the Company’s liability under the statutory provisions is limited, at the Company’s option, to: (a) replacement or repair of the Goods or the supply of equivalent Goods; or (b) payment of the cost of replacing or repairing the Goods or of acquiring equivalent goods; and in either case, the Company will not be liability for any consequential loss or damage or other direct or indirect loss or damage.
- Our 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. 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.
- On discovery of any defect in the Goods, the Customer must immediately notify the Company in writing of such defect. The Customer must not carry out any remedial work to alleged defective Goods, as the Company may ask for the return of the goods upon issue of a refund or replacement.
- The provisions of any act or law (including but not limited to the Trade Practices Act 1974) implying terms, conditions and warranties, or any other terms, conditions and warranties which might otherwise apply to or arise out of the Contract are hereby expressly negatived and excluded to the full extent permitted by law.
- The Customer expressly acknowledges and agrees that it has not relied upon, and the Company is not liable for any advice given by the Company, its employees, agents or representatives in relation to the suitability for any purpose of the Goods.
- Governing Law
- These Terms and the Contract shall be governed by the law of South Australia and the parties submit to the courts of South Australia in respect of any dispute arising.