agreed to in writing, all Goods ("Goods") are sold or offered for
sale by Global Environment Management Australia Pty. Ltd. ("Supplier")
subject to the following conditions:
- This Agreement
This agreement is a legally binding contract between the Buyer
and the Supplier. This agreement contains all the terms and
conditions between the Supplier and Buyer.
2.1 Australian Domestic Prices:
All prices are quoted in Australian dollars including GST, and
any GST applicable will be itemised on a Tax Invoice (as defined
in the GST Act).
2.2 Export Prices:
All export prices are quoted in Australian Dollars excluding
all Government taxes, charges and/or imposts charged outside
Australia including financial institution charges. When an overseas
Buyer purchases a Good from the Supplier and pays by credit
card, the Supplier will process the Buyer's credit card at the
quoted price in Australian dollars. The Buyer bears any additional
costs charged by the Buyer's credit card provider, currency
fluctuations, or any other related transactional costs.
Late delivery or non-delivery due to any circumstances or
events beyond the Supplier's control shall not constitute a
breach of contract by the Supplier and the Supplier shall not
be liable for any loss or damage howsoever arising through such
late delivery or non-delivery. The choice of the carrier and
method of transport remains with the Supplier. The Good is deemed
to be delivered on the Date of Delivery.
Subject to paragraphs 5 and 6, unless otherwise agreed between
the parties in writing, Goods manufactured or sold by the Supplier
under any of the Brand Names are warranted against faulty materials
and/or workmanship for three years from the Date of Delivery.
- Conditions of Warranty
The warranty set out in paragraph 4 is subject to compliance
with the following conditions:
5.1 The Good must be used and handled with due care, and in compliance
with the Instructions for Use.
5.2 The Good must be assembled and located with due care and
in accordance with the Instructions for Use.
5.3 Where a Buyer believes the Good is faulty, within 30 days
of the Date of Delivery, the Buyer must contact the Supplier on
1800 615 445 (if the Buyer is calling within Australia) or on
+61 3 8561 7990 (if the Buyer is calling from outside Australia)
and report that the Good is faulty. The Supplier will provide
the Buyer with a product return number.
5.4 The Supplier will arrange collection of the Good for goods
that were delivered in Australia from the place of original delivery
at the Supplier's cost. The Good must be repackaged in a clean
condition, complete with all components and instructions for use
as delivered to the Buyer. For goods delivered outside Australia
the Buyer must return the goods to Melbourne, Vic, Australia
. The Buyer must also include the product return number, invoice
number and contact details. The Supplier will not be responsible
for lost items as a result of poor repackaging by the Buyer. The
Supplier will subsequently inspect the Good and determine whether
the Good is faulty. If the Supplier determines that either the
Good is not faulty or that the Good was damaged or defaced as
a result of the fault of the Buyer, the Supplier reserves the
right to charge the Buyer the cost of the return freight.
- Limitation of Liability
6.1 The Supplier will not be liable for any loss or damage
incurred by the Buyer or End User whether for damage to the Good
or otherwise, as a result of negligence, alteration, accident
or use of the Good in a way which is not in compliance with the
Instructions for Use, or use of the Good in any way for which
the Good was not designed or approved by the Supplier or as a
result of improper assembly, location or application.
6.2 The liability of the Supplier in respect of faulty materials
or workmanship shall, at the option of the Supplier, be limited
to one of the following: (a) the replacement of the Good; (b)
the supply of an equivalent Good; (c) the repair of the Good;
or (d) the payment of the cost of having the Good repaired.
6.3 The Supplier will not be liable for any special indirect
or consequential damage arising out of the supply of the Good.
6.4 If a claim is made by a Buyer or End User under the warranty
set out in paragraph 4, the Supplier will not accept any claim
for costs, charges or expenses incurred by the Buyer or End
User in relation to replacement, supply or repair of the Good.
6.5 If a claim is made by an End User under the warranty set
out in paragraph 4, the terms of paragraph 5 shall apply to
such a claim.
6.6 Except for any warranties and conditions which cannot be
excluded under any Act, all warranties and conditions with regard
to the Good sold which are implied by common law, statute or
trade usage are excluded to the full extent legally permissible.
Unless otherwise agreed to in writing, the Good is to be paid
in full prior to despatch by the Supplier to the Buyer's nominated
- Location of Contract (Legal Domicile)
Any contract with the Supplier will be deemed to have been
executed and entered into in the State of Victoria, Australia
and the same shall be construed enforced and performed in accordance
with the laws thereof. Any proceedings shall be brought and
heard in the courts of the State of Victoria.
- Title and Risk
The Supplier supplies the Good on condition that property in
the Good does not pass to the Buyer until they have been paid
in full and the Supplier has been paid for all other moneys
then owing to the Supplier by the Buyer.
A variation of these Terms and Conditions of Sale shall be
ineffective unless it is in writing and signed by the Supplier.
If a Court determines that a condition or part of these conditions
is unenforceable, illegal or void then it shall be severed and
the remainder of these Terms and Conditions of Sale shall remain
In these Terms and Conditions of Sale the following terms shall
have the following meanings:
(a) "Brand Names" means "Aerobin", "Aerobin
400", and "Global Environment Management".
(b) "Buyer" means the buyer of a Good;
(c) "Date of Delivery" means :
- in the case of a Good sold in Australia, [ ] days after
which the Good is delivered up by the Supplier to the carrier
of the Good; or
- in the case of a Good sold outside Australia, [ ] days
after which the Good is delivered up by the Supplier to the
carrier of the Good.
(d) "End User" means a person or business
which purchases or uses a Good supplied directly or indirectly
by the Buyer;
(e) "Goods and Services Tax" or "GST"
has the same meaning as given in the GST Act;
(f) "GST Act" means the A New Tax System (Goods
and Services Tax) Act 1999 (Commonwealth);
(g) "Instructions for Use" means the instructions
packaged with the Good, any other labeling marked or imprinted
on the Good and any other information contained on the Supplier's
website at www.aerobin400.com