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The
following words and expressions shall have the meaning set out opposite unless
the context shall require otherwise:
i.Prunustoft
means Registered Sole Trader and or any approved associated subsidiary or group
of companies Prunustoft associates with or on behalf of.
ii.Customer”
means the person who buys or agreed to buy or in any way purchase Products,
Goods, Service or Livestock from Prunustoft.
iii.Products,
Goods, Service or Livestock” means the goods or service supplied by Prunustoft
to the Customer.
iv.GST”
means a goods and service tax imposed by legislation enacted by Australian
consumer laws.
v.Price”
means the price referred to in Clause 3.1.2.
General
i.Any
order for Products shall be deemed to be an offer by the Customer to purchase
Products, Goods, Service or Livestock pursuant to these terms and conditions.
ii.The
contract between Prunustoft and the Customer in respect to the Products, Goods,
Service or Livestock comes into existence when Prunustoft has accepted the
Customer’s order in accordance with the terms and conditions herein.
iii.These
terms and conditions shall not be altered, modified or varied unless expressly
agreed to in writing by an authorised representative of
Prunustoft.
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3.
Price
i.The
price shall be issued by Prunustoft at the time of the Customer placing the
order and for Australian customers only it shall include GST (on taxable
supplies) and delivery charges.
ii.All
price list catalogues advertising matter or similar materials issued by
Prunustoft are indicative only as to the price and range of products available
from time to time and information contained therein shall not be binding on
Prunustoft.
iii.Prunustoft
reserves the right to amend quoted prices and delivery charges at any time prior
to delivery.
4.
Payment (Pre
Arranged Credit Accounts)
i.Prunustoft
will issue invoices on the day of despatch of the products.
ii.Unless
otherwise agreed the Customer shall pay the Price and any other sums due in
respect of the Products, Goods, Service or Livestock within 14 days of receiving
Prunustoft invoice.
iii.In
the event of late payment Prunustoft reserves the right to charge interest on
overdue amounts at an interest rate similar to that charged by the Westpac Bank
on personal credit cards (Standard Master / Visa Card Rate) (currently of
14.70%).
5.
Delivery
i.Delivery
times quoted are estimates only and time shall not be of the essence of the
contract. In no circumstances shall Prunustoft be liable to compensate the
Customer in any way for late delivery or non-delivery of the Products, Goods,
Service or Livestock.
ii.Prunustoft
shall be entitled to deliver the Products, Goods or Service in one or more
consignments unless otherwise expressly agreed.
iii.Delivery
shall be deemed to take place when the Products, Goods, Service or Livestock
arrive at the Customers premises.
iv.All
risk in the Products, Goods or Service shall pass to the Customer or its
appointed agent at the time of delivery.
6.
Title
i.In
spite of delivery having been made title in the Products, Goods, Service or
Livestock, shall not pass to the Customer until the Customer shall have paid all
sums due to
Prunustoft.
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ii. Prior to title in the Products, Goods, Service or Livestock passing to the
Customer. The Customer shall hold the Products, Goods, Service or Livestock as
fiduciary agent to Prunustoft and shall keep the Products, Goods, Service or
Livestock separate from any other Products, Goods, Service or Livestock properly
stored or otherwise cared for and insured and clearly identified and shall bear
the costs thereof.
7.
Returns
i.In
removing the Products, Goods, Service or Livestock from any packaging or
wrapping or the taking the delivery of, the Customer shall be deemed to have
accepted the Products, Goods, Service or Livestock and agreed to be bound by
these terms and conditions specifically those referred to in clauses 7.ii to 7.v
hereunder.
ii.The
Customer shall inspect the Products, Goods, Service or Livestock immediately on
delivery and shall within 5 days of date of recept of invoice notify Prunustoft
of any damaged goods defects or discrepancies.
iii.Any
damaged defective or unopened Products, Goods, Service or Livestock to be
returned to Prunustoft must be returned within 7 days of delivery.
iv.If
the Customer returns any Products, Goods, Service or Livestock within 7 days
after the delivery date, Prunustoft will make good by repair or at Prunustoft
sole option, replacement of any Product, or Goods, which under proper use are or
become defective within a period of 12 months from date of delivery.
v.Before
returning any products to Prunustoft for whatever reason, a Return Authorisation
Number (Prunustoft number) must be obtained and the returns procedures and
conditions detailed below must be followed. Please note that RA numbers are
valid for 14 days only.
8.
Limitation of Liability
i.P
Prunustoft liability (if any) whether in contract tort or otherwise in respect
of any defect in the Products, Goods or Service or for any breach of this
Agreement or of any duty owed to the Customer in connection herewith shall be
limited in the aggregate to the price of the Products, Goods, Service or
Livestock in
question.
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9.
Proprietary rights
i.Products,
Goods, Service or Livestock are sold subject to the rights of any person whether
in respect of any patent trademark registered design copyright confidential
disclosure or otherwise to prevent or restrict the sale or use of the Products,
Goods, Service or Livestock in any part of the world and the Customer will in
this respect accept such title to the Products, Goods, Service or Livestock as
Prunustoft may have.
ii.The
Customer hereby acknowledges that failure to comply with such terms and
conditions may result in the Customer being refused any mentioned licence or
having the same revoked by the proprietary owner. The Customer hereby further
agrees to indemnify Prunustoft in respect of all cost charges or expenses
incurred by Prunustoft as a result of any breach by Customer of such conditions.
10.
Export Limitation
i.Certain
Products, Goods, Service or Livestock supplied by Prunustoft may have been
purchased from the United States of America under certain agreements, which
restrict or forbid subsequent re-exportation from Australia. The Customer will
not export any Products, Goods, Service or Livestock supplied by Prunustoft
without first obtaining all appropriate approval from relevant authorities.
11.
Waiver
i.The
failure of Prunustoft to enforce or to exercise at any time or for any period of
time or any right arising pursuant to this Agreement does not constitute and
shall not be construed as a waiver of such term or right.
12.
Force Majeure
i.Neither
party shall be liable for any default due to any act by any of the Gods, war,
strike, lockout, industrial action, fire, flood, drought, storm or other event
beyond the reasonable control of either
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13.
Notices
i.Any
notice given under or pursuant to the contact may be sent by hand or by post or
by registered post or by recorded delivery or transmitted by facsimile, e-mail
plumtree_robert(at)hotmail.com or other means of telecommunication
resulting in the receipt of a written communication in permanent form and if so
sent or transmitted to the address of the party shown on the face here of or
such other address as the party may by notice to the other have substituted
therefore shall be deemed validly and effectively given on the day when in the
ordinary course of the means of transmission it would first be received by the
addressee in normal business hours.
14.Legal
Provisions
i.The
laws of Australia governs the construction validity and performance of this
Agreement.
15.Clause
Headings
i.Clause
headings are for convenience only and do not form part of or affect the
interpretation of this Agreement.
Returns
Procedure
1.First
you must obtain a Return Authorisation Number (RA number). For all inquires
please call our Customer Service Department on 61 +3 6435 4616 or contact us by
email: plumtree_robert(at)hotmail.com
2.
In
order to expedite returns some products are referred to the manufacturers who
will deal with the return themselves.
3.
We
will only accept Products, Goods, Service or Livestock that are in a “Returnable
Condition”.
4.
For
Products, Goods, Service or Livestock to be in a Returnable Condition they must
be returned to us with all items included in the original sale including
manuals, cables, disks, and any other items or progeny.
5.
For
Products, Goods, Service or Livestock being returned for a refund, the original
product packaging or other equipment supplied at time of purchase, must also be
returned in a suitable condition.
6.
The
Products, Goods, Service or Livestock must be adequately wrapped or transported
to prevent damage during transit with the RA Number clearly marked or attached
on the outside of the package. It would help us to speedily process your return
if you also enclosed a detailed note of the
fault.
7.
Send
e-mail regarding Products, Goods, Service or Livestock to:
Prunustoft
Customer Service Department
PO Box 1533
Buddina, Qld 4575
Australia
8.
Prunustoft
does not accept liability for packages or livestock damaged during transit and
proof of postage is also not proof of delivery. You are therefore strongly
advised to send your returns by recorded delivery, registered post or livestock
transport or courier and maintain sufficient insurance to cover the value of the
Products, Goods, Service or Livestock. The cost of return carriage is to be
borne by the customer.
9.
On
receipt of your returns, the Products, Goods, Service or Livestock will be
tested for the stated fault and actioned accordingly. Products, Goods, Service
or Livestock found to be in full working order will be returned to the Customer.
10.
Products, Goods, Service or Livestock that are not defective or damaged and
accepted by Prunustoft for restocking are subject to a 15% restocking charge.