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    Terms of Sale

    Terms & Conditions of Sale

    1. INTERPRETATION

    In these Terms:

    •     1.1 “Company” means Rav Trading Co Pty Ltd ABN 87 641 847 850 and its successors and assigns;

    •     1.2 “Consequential Loss or Damage” means loss of profits, revenue, use or opportunity, re-installation costs, removal costs and any remote or indirect form of loss or damage;

    •     1.3 “Goods” means all goods sold and/or delivered by the Company to the Customer from time to time;

    •     1.4 “GST” means the Goods and Services Tax imposed by A New Tax System (Goods & Services Tax) Act 1999 and any related act and/or regulations; and

    •     1.5 “Terms” means these Terms and Conditions of Sale.

    •     1.6 "Supplier" means the manufacturer and/or distributor and sender of the Goods;


    2. APPLICATION.

    •     2.1 These Terms apply to the Goods.

    •     2.2 No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by 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 of the Goods or the sale of the Goods other than as contained in these Terms.


    3. PRICES

    •     3.1 Prices are determined by the price list current at the time of order and are subject to change without notice.

    •     3.2 Prices do not include any 'additional' delivery and freight charges.


    4. TERMS OF PAYMENT

    •     4.1 Payments are to be made direct to the Company, strictly net, without any deduction or discount other than as stated herein or in the relevant invoice or statement.

    •     4.2 Payments are to be made on a COD basis unless specifically stated otherwise in the relevant invoice or statement.

    •     4.3 If payments are made by credit card, the Company reserves the right to recover from the Customer any charges levied in respect of those payments.

    •     4.4 Interest is payable on all overdue accounts calculated on a daily basis at the rate of 2% per month as from the due date for payment until payment is received by the Company.


    5. PROPERTY IN GOODS

    Legal and beneficial ownership of Goods supplied by the Company will not pass to the Customer until such time as the goods so supplied and all other goods supplied by the Company to the Customer from time to time, have been paid in full in cash or cleared funds.

    6. RISK AND INSURANCE

    •     6.1 The Goods are entirely at the risk of the Customer from the moment the Goods leave the Supplier’s premises even though property in the Goods has not passed to the Customer at that time.

    •     6.2 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. The Customer must further take all reasonable measures to ensure that the Company’s title to the Goods is in no way prejudiced as a result. If the Goods are lost, destroyed or damaged, any insurance proceeds relating to the Goods in respect of such event received by the Customer, must immediately be paid to the Company.


    7. INCORPORATION OF GOODS

    •     7.1 If the Customer uses the Goods in some manufacturing or construction process of its own or some third party, then the Customer must hold such part of the moneys received from time to time by the Customer for such manufacturing or construction process as relates to the Goods, in trust for the Company.

    •     7.2 The part referred to in clause 8.1 will be deemed to equal in dollar terms to the amount owing by the Customer to the Company at the time of the receipt of such moneys by the Customer.

    •     7.3 Money received by the Customer excludes any debts due but not yet paid by the Customer.

    •     7.4 In the circumstances outlined in clause 8.1, the Customer must not assign or deal with its debts in any way prior to payment of the moneys receivable by the Customer in respect of the Goods prior to their payment to the Company.


    8. DEFAULT

    If:

    •     8.1 the Goods are not paid for in accordance with these Terms or any other written agreement between the Company and the Customer; or

    •     8.2 the Company receives notice of, or reasonably believes that a third party may attempt to levy execution against or attach the Goods; or

    •     8.3 any other event occurs which is likely to adversely affect the Customer’s ability to pay for the Goods (including but not limited to the appointment of a receiver, receiver and manager, administrator, controller, liquidator, provisional liquidator, trustee or similar person [each an “insolvency representative”] to the Customer’s undertaking), then the Company may at any time thereafter, without notice to the Customer and without prejudice to any other rights which it may have against the Customer, terminate any contract relating to the Goods and the bailment referred to in clause 7.2


    9. RIGHT TO ENTER PREMISES

    In any of the circumstances referred to in the preceding clause, the Customer:

    •     9.1 authorises the Company by itself, its agents or representatives at all reasonable times, without notice, to enter onto (with force if reasonably necessary) and at all necessary time(s), to remain in and on any premises where the Goods are located in order to collect the Goods, without being guilty of any manner of trespass; and

    •     9.2 assigns to the Company all the Customer’s rights to enter onto and remain in and on such premises until all the Goods have been collected.


    11. ADMINISTRATION, RECEIVERSHIP ETC.

    In any of the circumstances referred to in clause 9.3:

    •     10.1 neither the Customer nor its insolvency representative or any other person acting for the Customer and/or its creditors is entitled to sell, charge, remove, dispose of, use or otherwise deal with the Goods in any way inconsistent with the Company’s ownership of the Goods, without the Company’s prior written approval;

    •     10.2 the Customer, its insolvency representative or any other person acting for or on behalf of the Customer and/or its creditors is obliged to re-deliver the Goods to the Company immediately or immediately on his appointment at its or his expense; and

    •     10.3 if the Goods are returned to or collected by the Company, the Company will within 28 days, account to the Customer or its legal representative for all monies received for the Goods from the Customer less the Company’s reasonable administration charges, expenses incurred and loss of profits involved.


    11. CUSTOMS DUTIES, TARIFFS AND LEVIES

    All applicable customs duties, tariffs and levies are payable by the Customer unless the order, order confirmation, invoice or other writing indicates otherwise.

    12. GOODS & SERVICES TAX

    •     12.1 Unless expressly stated otherwise in writing, GST is not included in any quoted price.

    •     12.2 If GST is imposed on the Company in respect of the supply of the Goods or any other supply by the Company to the Customer, then the Customer must pay the amount of such GST to the company in addition to the quoted price.

    •     12.3 the Company must give the Customer written notice of the amount of any GST payable under this clause and provide a tax invoice showing the amount of the GST payable.


    13. DELIVERY

    •     13.1  Availability dates are estimates only, but the Company will use its best endeavors to maintain these estimates.

    •     13.2 Standard delivery provides ground delivery to the easiest access point on your property and does not include inside delivery, package removal, or assembly.


    14. DELIVERY BY INSTALLMENTS

    •     15.1 The Company reserves the right to deliver the Goods in whole or by installments, as well as to deliver prior to the date for delivery and in such event the Customer must not refuse to take delivery of the Goods.

    •     15.2 Where the Goods are delivered by installments, each installment is sold under a separate contract.

    •     15.3 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.


    16. INSPECTION

    The Goods are deemed to have been accepted in good order and condition, unless the Customer has inspected the Goods and given written notice to the Company:

    •     16.1 immediately after collection or delivery that the Goods have been damaged on or before transport; or

    •     16.2 within seven (7) days after collection or delivery that the Goods do not comply with the relevant specifications or descriptions.


    17. RETURNS OF GOODS

    •     17.1 Goods returned by the Customer must be unsoiled, undamaged and in a resaleable condition in original packaging including all accessories and delivered free to the Suppliers premises within 30 days of delivery date.

    •     17.2 If the returned Goods are returned not in accordance with clause 17.1 the Customer shall pay for all costs of replacement, repair.

    •     17.3 The Customer shall pay a minimum 20% restocking fee of invoice value for any Goods returned.


    18. CANCELLATION OF ORDER

    •     18.1 Orders cancelled after Goods have left the Supplier's premises for delivery are treated as a return and are subject to Clause 17.

    •     18.2 Goods imported especially for the Customer or Goods made to order are subject to the Company being paid a cancellation fee of 20% of the invoice value of the Goods.


    19. COMPANY'S LIABILITY LIMITED

    •     19.1 These Terms do not affect the rights, entitlements and remedies conferred by the Trade Practices Act (1974).

    •     19.2 The Company is not subject to, and the Customer releases the Company from any liability (including but not limited to Consequential Loss or Damage) because of any delay in delivery or fault or defect in the Goods.

    •     19.3 The Customer acknowledges that the Company is not responsible if the Goods do not comply with any applicable installation, safety standard(s) or similar law(s) or regulation(s), and that the Company is not liable for any claim, cost, damage or demand resulting from such non-compliance.

    •     19.4 The Customer further acknowledges that the Company is not responsible and the Customer indemnifies the Company from any claim by a customer or client of the Customer arising from or relating to the use of the Goods otherwise then strictly in accordance with manual provided with the Goods and will all applicable installation, safety standard(s) or similar law(s) or regulation(s).

    •     19.5 If any statutory provisions under the Trade Practices Act 1974 or any other statute(s) apply to the Agreement 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:

    •     19.5.1 replacement or repair of the Goods or the supply of equivalent Goods; or

    •     19.5.2 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.


    20. WARRANTY

    •     20.1 The Company warrants to the Customer that the Goods will be supplied in an undamaged condition.

    •     20.2 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.

    •     20.3 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 agreement between the Company and the Customer in relation to the Goods are hereby expressly negatived and excluded to the full extent permitted by law.

    •     20.4 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 servants, agents, representatives or employees in relation to the suitability for any purposes of the Goods.


    21. SPECIFICATIONS

    •     21.1 Unless otherwise agreed in writing, the Goods are supplied subject to any specification as to weight, quantity, size, dimensions, finishes, chemical composition and physical properties as may be published generally by the Company or as may be set out in any specification issued by the Company in relation to the Goods, or, if no such specification has been published or set out, subject to such specification as is normally regarded as being commercially acceptable.

    •     21.2 Where any specification for the Goods are to be supplied by the Customer, they must be supplied in a reasonable time to enable the Company to complete delivery by the date for delivery.


    22. CONTRACT

    •     22.1 The terms of contract between the parties are wholly contained in these Terms and any other writing signed by both parties.

    •     22.2 The contract is deemed to have been made at the Company’s place of business in Sydney in the State of New South Wales, Australia and will be governed by and construed and performed in accordance with, the laws of that state and any cause of action is deemed to have arisen there.


    23. FORCE MAJEURE

    The Company will not be liable for any breach of contract due to any matter or 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 or civil commotion, intervention of public authority, explosion or accident).

    24. WAIVER OF BREACH

    No failure by the Company to insist on strict performances of any of the terms in 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.

    25. NO ASSIGNMENT

    Neither the Agreement nor any rights arising under the Agreement may be assigned by the Customer without the prior written consent of the Company which is at the Company’s absolute discretion.

    29. SEVERABILITY

    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.

    30. USER GENERATED CONTENT

    Any content provided by you, the Customer, to us the Company, either now or at any point in the future becomes the sole property of the Company. We will solely own the rights to the use of any such content and may use it in any manner we see fit. 
    This content may include reviews, images, videos, survey responses and social comment.

    By placing an order on outdoorlivingessentials.com.au you are accepting this term.