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1. Interpretation
1.1. In these Terms:
“Company” means Inferno Sports
“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.
2. Application
2.1. These Terms apply to all contracts for the sale of Goods by the Company.
2.2. No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed be the Company in writing.
2.3. 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.
3. Price
3.1. Prices are determined at the time of order and, prior to payment of the deposit, are subject to change without notice.
4. Payment
4.1. Payments are to be made to the Company without any deduction or discount other than as stated in these Terms of in the relevant invoice or statement.
4.2. A deposit of 50% of the invoice price must be paid when placing an order.
4.3. The balance of the invoice price must be paid in full before delivery.
4.4. Interest is payable on all overdue accounts calculated on a daily basis at the rate of 1.5% per month as from the date due for payment until payment is received be the Company.
5. Delivery
5.1. The Customer must within 5 days of being notified of their availability, collect of accept delivery of the Goods and pay the balance of the invoice price.
5.2. If the Customer fails to collect the goods or accept delivery within 21 days of being notified of their availability, the Company may terminate this contract, keep the deposit and resell the Goods.
5.3. In addition to clause 4.4, the Company reserves the right to charge the Customer storage on goods not collected or delivered within 5 days of notification of their availability at the rate of $35.00 per week or part thereof.
5.4. The Company reserves the right to deliver the Goods in whole or in installments, as well as to deliver prior to the date for delivery, in such event, the Customer must not refuse to take delivery of the Goods.
5.5. Any failure on the part of the Company to deliver installments within any specified time does not entitle the Customer to repudiate the contract with regard to the balance remaining undelivered.
6. Title
6.1. Legal and beneficial ownership of the Goods will not pass to the Customer until such time as the Goods have been paid in full in cash or cleared funds.
7. Risk and Insurance
7.1. The Goods are entirely at the risk of the Customer from the moment of delivery to the Customer’s point of delivery or on collection, even though title in the Goods has not passed to the Customer at that time.
7.2. The Customer must, at its own expense, maintain the Goods and insure them for the benefit of the Company against theft, breakdown, fire, water and other risks as from the moment of delivery to the Customer and until title in the Goods has passed to the Customer.
8. Inspection
8.1. Unless the Customer has inspected the Goods and given written notice to the Company within 2 days after collection or delivery that the Goods do not comply with the relevant specifications or descriptions, the Goods are deemed to have been accepted in good order and condition.
9. Cancellations
9.1. No order may be cancelled, modified or deferred without prior written consent of the Company (which is at the Company’s sole discretion). If such consent is given it is, at the Company’s election, subject to the Company being reimbursed all losses, including loss of profits, and paid a cancellation fee (being not less than 20% of the invoice price of the Goods)
10. Limited Liability
10.1. These Terms do not affect the right, entitlements and remedies conferred be the Trade Practices Act 1974.
10.2. The Company is not subject to, and the Customer releases the Company from, any liability (including but not limited to consequential loss of damage) because of any delay in delivery of fault of defect in the Goods. The Customer acknowledges that the Company is not:
10.2.1. Responsible if the Goods do not comply with any applicable safety standard or similar regulation: and
10.2.2. liable for any claim, damage or demand resulting from such non-compliance.
10.3. If any statutory provisions under the Trade Practices Act 1974 or any other stature 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:
10.3.1. Replacement or repair of the Goods or the supply of equivalent Goods; or
10.3.2. Payment of the cost of replacing or repairing the Goods or of acquiring equivalent goods; and in either case, the Company will not be liable for any consequential loss or damage or other direct or indirect loss or damage.
11. Warranty
11.1. All Goods supplied are covered be such warranties as are specified be the manufacturer and supplied subject to the product standards detailed be the manufacturer.
11.2. 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 without first obtaining the written consent of the Company to do so.
11.3. 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 negated and excluded to the full extent permitted by law.
11.4. 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.
12. Display and Samples
12.1. Any display product or sample inspected by the Customer is solely for the Customer’s convenience and does not constitute a sale by sample.
13. Contract
13.1. The terms of the Contract are wholly contained in these Terms and any other writings signed by both parties or by execution of check boxes. The Contract is deemed to have been made at the Company’s place of business where an order was placed and any cause of action is deemed to have arisen there.
14. Force Majeure
14.1. The Company will not be liable for any breach of contract due to any matter of thing beyond the Company’s control (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots of civil commotion, intervention or public authority, explosion or accident)
15. Waiver of Breach
15.1. No failure by the Company to insist on strict performance of any of these Terms is a waiver of any right or remedy, which the Company may have, and is not a waiver of any subsequent breach or default by the Customer.
16. No Assignment
16.1. Neither the Contract, nor any rights under the Contract may be assigned by the Customer without prior written consent of the Company, which is at the Company’s absolute discretion.
17. Severability
17.1. If any provision contained in these Terms is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.
18. Governing Law
These Terms and the Contract shall be governed by the law of Queensland and the parties submit to the courts of Queensland in respect of any dispute a