New Products
TERMS AND CONDITIONS
General 1.1 The “Conditions of Contract” include these
conditions, the purchase order form, Inventory form or any document provided by
GrassyDesert patched separately, and any amendments to any of those documents
agreed in writing by a member of
In
the Conditions of Contract:
“
we means “
you means Buyer
us means “
Contract means the contract between
for
the purchase or consignment of the Supplies on the terms of the Conditions
of
Contract;
Buyer means the person named on
the Purchase Order or Inventory Form who is to purchase or eventually pay for
the Supplies from Grassy Desert, and where the Buyer includes more than one
person, those persons jointly and severally; and
Supplies means the goods and/or services.
goods means the articles, goods, material or parts thereof to
be
supplied
under the Contract;
2. Delivery 2.1 The delivery of
all goods will be made at the place, and in the manner, stated in the Order
Form or via this website to the best of our ability. We take no responsibility
for goods delivered outside of expected times or the expected delivery day. 2.2
Although we do try our hardest but delivery times can change without notice and
we will endeavour to always keep the buyer informed of any changes in the
delivery date. 2.3 We take no responsibility for any delay or advance in
delivery times and loss of business or monetary loss it may cause. 2.4 Delivery
for goods is always at the cost of the buyer. 2.5 Delivery prices are subject
to change without notice.
3. Title & Risk 3.1 Title of the
goods passes to the buyer when invoices have been paid in full. 3.2 Risk in the
goods passes to the buyer once goods are delivered to the delivery address. 3.3
Goods are the full responsibility of the buyer once delivery is made. 3.4 The
buyer has the right at any time to return goods delivered to GrassyDesert with
3 days notice in writing.
4. Quality, Exchanges or Refunds 4.1 If there is a defect in the goods the buyer must
notify
5. Warranty
5.1 We do
not provide a warranty on our goods but will always endeavour to satisfy the
buyer at all times and try to resolve any issues.
6. Price 6.1 The buyer agrees to pay
GrassyDesert once the goods have been packed and ready for shipment. 6.2 For orders over AUD$1000.00 the buyer
agrees to pay GrassyDesert a 30% deposit at the time of placing the order and
the remainder plus postage & handling once the goods have been packed and
ready for shipment. Except when the buyer has an account setup with
7. Applicable Law 7.1 This contract
shall be construed and take effect in accordance with the laws in force for
the time being in the State of
8. Payment 8.1 The amount payable for
goods provided to the buyer is to be paid within 10working days of invoice
being sent to the buyer, except where clause 6.4 applies. 8.3 A binding contract is in effect once goods
have been ordered by the buyer or any of its employees.
9. Indemnity 9.1 Subject to the
Contract, the buyer must at all times indemnify Grassy Desert and its
suppliers, staff or affiliates (“those indemnified”) from and against any loss
(including legal costs and expenses on a solicitor/own client basis), or
liability, reasonably incurred or suffered by any of those indemnified arising
from any claim, suit, demand, action or proceeding by any person against any of
those indemnified where such loss or liability was caused by any wilful,
unlawful or negligent act or omission of the buyer, its officers, employees,
agents, affiliates or subcontractors in connection with the Contract.
10. Waiver 10.1
A party’s failure or delay to exercise a power or right does not operate as a
waiver of the power or right. A waiver is not effective unless in writing.