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Terms & Conditions
Terms & Conditions
BRUMBY SUNSTATE BOOKS - Terms & Conditions
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BRUMBY SUNSTATE BOOKS - TERMS & CONDITIONS
Only approved Wholesale Customers can purchase online. Please use our enquiry form to your left if you would like to ask a question or apply to be a Brumby Sunstate Customer. Refer to our Wholesale Agreement document for standard terms and conditions. Below are listed our online ordering terms and conditions. New Accounts:
Print out and fill in the attached application and email or fax to: Fax: 07 3255 5553
Form: Credit Application
Trading Terms
1. Usage: This site is for use only by Brumby Sunstate Books’ (herein after referred to as “Brumby Sunstate”) retail customers. By accessing and using this site you are deemed to have accepted these terms and conditions
2. Prices: All prices appearing on this website are inclusive of Australian GST and are subject to change without notification
3. Orders: Minimum order requirement $300.00 NETT (incl. GST). All orders placed through this website are deemed to be firm purchase orders and once submitted you shall not be entitled to withdraw your order
4. Payment Terms: COD or credit card on despatch (as per Brumby Sunstate’s Commercial terms and conditions signed separately with Brumby Sunstate account details)
5. Delivery : Brumby Sunstate will deliver the stock to you at your nominated delivery address. Delivery will be made as soon as possible and will normally (depending on stock availability) be within 7 – 10 business days of placement of your order. All delivery charges will be notified upon opening of your customer account with Brumby Sunstate. Brumby Sunstate makes every effort practical to ensure that delivery timeframes given are accurate. However the delivery times stated for products on this site assume that the stock availability information provided by our suppliers is accurate and that delivery times are not adversely affected by unforseen events. By placing an order, you agree not to hold Brumby Sunstate liable for any loss or damage directly or indirectly arising out of or in connection with any delay or failure to deliver within the estimated time frame.
6. Limitation of Liability:
6.1 All conditions, warranties, undertakings or terms in any way relating to this agreement which are not expressly stated are excluded except those conferred by the Trade Practices Act, 1974 or other law.
6.2 Brumby Sunstate makes no representations or warranties about the accuracy, completeness or suitability for any particular purpose of the information published in this site or that any software or the server that make it are available are free from viruses. In addition, the information contained in this site may contain technical inaccuracies or typographical errors. Customers agree to indemnify Brumby Sunstate against any incidental, indirect or consequential losses arising out of or in connection with the purchase of goods via this site. In no case shall the liability to a customer exceed the cost of the original order.
6.3 The Buyer agrees that no representation or statement of any kind, including, but not limited to dealer advertising, presentations, oral or written made by any agent or representative of Brumby Sunstate which are not stated herein shall be binding upon the parties to this contract.
6.4 Under no circumstance shall Brumby Sunstate be liable to the Buyer for any damage, claims of losses whatsoever, including but not limited to any claims for lost profits, lost savings or other special, incidental or consequential damages arising out of Brumby Sunstate’s supply of goods and services regardless of the circumstances.
6.5 Notwithstanding the foregoing Brumby Sunstate may at it’s option provide the Buyer a replacement or credit for goods purchased where the Buyer:
6.5.1 Provides within seven (7) days of the Buyer’s receipt of the goods written notice to Brumby Sunstate its agent of Supplier as to the reason for the return and/or credit for the goods.
6.5.2 Receives written authority from Brumby Sunstate its agent or Supplier permitting the return of the goods to Sunstate.
6.5.3 Agrees that should Brumby Sunstate accept the return of the goods delivered to the Buyer it shall be by a carrier approved by Brumby Sunstate
6.5.4 Agrees to pay Brumby Sunstate for all and any handling fees, freight costs, government charges for the purpose of delivering the goods to Brumby Sunstate premises.
6.5.5 Agrees to pay Brumby Sunstate for all and any handling fees, freight costs, government charges for the purpose of supplying and /or replacing the goods and/or services
6.6 Pursuant to clause 6.5:-
6.6.1 Failure to give notification within seven (7) days of the date of devliery then the Goods and/or Services shall be deemed to be delivered in accordance with the order placed.
6.6.2 Where the Buyer fails to keep the Goods delivered in the condition they were in when delivered or declines a reasonable request of Brumby Sunstate to inspect the Goods the Buyer shall be deemed to have accepted the Goods as delivered.
6.6.3 Where the Buyer returns the goods for what ever reason the risk in the goods shall remain with the Buyer until the goods are accepted by Brumby Sunstate at Brumby Sunstate premises.
7. Property
7.1 Property in the Goods and Services shall remain with Brumby Sunstate Books Pty Ltd until such time as full payment is received for all the Goods and/or Services supplied by Brumby Sunstate.
7.2 The risk in the goods passes to the Buyer on dispatch from Brumby Sunstate premises
7.3 If the Buyer fails or if Brumby Sunstate believes the Buyer may fail to pay for the Goods and/or Services when payment is due Brumby Sunstate may take re-possession of the Goods in addition to any other rights that Brumby Sunstate may have to claim damages at law or in equity or howsoever arising.
8. Confidential Information:
When you open an account with Brumby Sunstate, you will be required to choose a contact email address and password. You are required to keep this information confidential and are responsible for all transactions taken under these details. You should keep your password safe and not disclose it to anyone. You should change it immediately if you feel it has been compromised 9. Jurisdiction:
This agreement shall be governed by the laws of the State of Queensland and without prejudice to the ability of any party to sue any other party in any other jurisdiction the parties submit to the non-exclusive jurisdiction of the Courts.
10. Severance
In the event that it is held that any one or more of these terms are not enforceable , the remaining terms shall apply between the Buyer and Brumby Sunstate.
Privacy Policy 1. Copyright: The text, selection, logos and designs contained within this website are the copyright of Brumby Sunstate. Permission is granted to copy selections from this site for the sole purpose of placing any order with Brumby Sunstate. Any use of this information of material for other purposes is strictly prohibited. 2. Links: This site may contain links to other sites. We are not responsible for the privacy practices or the content of such web sites. 3. Browsing: When you browse our site, we track all pages that are viewed. This information is available minimally through the web server logs. 4. Searches: Search terms that you enter when using our search engine are collected. We use these search terms to ascertain what people are looking for at this site, and to improve the services that we provide. 5. Use of Your Information: We may use your information to improve our service offering to you and to communicate with you. We will not disclose this information to third parties without your permission unless such information is already in the public domain or we are required by law to do so |