Terms & Conditions
In consideration of SI Retail Pty Ltd, ABN 54 143 754 385 (the supplier) agreeing to supply goods and/or services (goods) to the Customer, the Customer agrees and accepts that these terms and conditions apply to all sale of goods by the supplier to the Customer, to the exclusion of any conditions of sale appearing on any document of the Customer. The Customer further acknowledges that these Terms and Conditions of Sale constitute the entire agreement of the parties as to the supply of goods by the supplier, and may not be varied without the prior writtenÂ agreement of the supplier.
2. Ownership of Goods
(a)Â Â Â (i) Property in any goods delivered to the customer will not pass to the customer until the later of:
(a) payment in full for the goods or (b) payment in full of all monies owing (or unpaid) by the customer to the supplier including monies in respect of goods previously or subsequently supplied to the customer by the supplier.
(ii) The customer shall store the goods in such a manner as to show clearly that they are the property of the supplier and the customer shall keep records of all use and sales of such goods.
(iii) The customer shall keep the goods free from and will indemnify the supplier against any charge, lien or other claim thereon. The customer has no title or right to charge or encumber the goods before payment to the supplier under this clause.
(iv) If the customer fails to pay the purchase price or any other debts to the supplier when due, or commits any act of bankruptcy, the supplier may without notice and without prejudice to any of its rights and remedies recover and/or resell the goods or any of them and may by its servants or agents enter upon the customers premises for that purpose.
(b) Goods delivered to the customer shall be at the customerâ€™s risk on delivery to the customer.
(c) Notwithstanding paragraph (a), the customer may on-sell the goods on commercial terms in the ordinary course of its business before the purchase price for the goods and other debts to the supplier have been paid to the supplier, but in this case the customer shall hold the proceeds of such sale on trust for the supplier in a separate account and account to the supplier for such proceeds on demand.
(d) The Customer is not entitled to return the goods and refuse or delay payment on the grounds that the property in the goods has not yet passed.
3. Delivery, Returns & Claims
(a) Goods will be sent via post or common carrier unless instructed by the Customer to use an alternative freight service. Freight costs can be obtained by contacting the office of the supplier.
(b) Custom manufactured and special packaged items are not returnable. Stock line items may be returned (in original and working condition) within fourteen (14) days of delivery date for credit or refund. A request for return must be made in writing and returns will not be accepted without prior approval from the Supplier. The Supplier reserves the right to charge an administration/handling/re-stocking fee of 15% of the original invoiced amount for any returns.
(c) All Freight costs in relation to returns are at the Customers expense.
(d) Claims arising from damage or loss in transit must be made in writing within 7 days of date of Invoice.
(e)Â Any resulting refund by Credit/Debit Card will not include any Surcharge incurred at the initial time of payment.
4. Price - Specials
Unless otherwise agreed in writing the price of the goods shall be that price charged by the supplier at the date of order, plus any transportation, freight, postage, packaging, handling, insurance and goods and services tax (â€śGSTâ€ť) and any other expense plus any amount which the supplier is required to pay on account of sales or other taxes assessed in relation to the goods. GST where applicable, will be charged at the appropriate rate ruling at the date of invoice. Goods are sold per pack unless otherwise stated in the price structure.
Updated information and specials can be obtained by visiting our website at www.siretail.comÂ or by calling our Office.
5. Terms of Payment
(a) Payment for material, goods and services pursuant to this agreement including GST is due on the Due Date stated on the Invoice and is calculated in net days stated in Terms on the Invoice from the dispatch date of the goods or services provided to the customer unless otherwise stated in writing by the supplier.
(b) After the due date of payment, the supplier may charge interest on outstanding amounts payable, calculated on a daily balance, at the reference rate of our nominated Banking Corporation + 2%.
(c) The customer agrees to pay and reimburse the supplier on demand for all legal costs, stamp duty or other costs or expenses suffered or incurred by the supplier in respect of the preparation of any agreements, personal guarantees, securities or other documentation required by the supplier to document or secure the provision of credit to the customer together with all collection and enforcement costs and expenses which the supplier may suffer or incur in connection with the sale of goods or supply of services or provisions of credit to the customer (without limitation) legal costs on a full Indemnity basis.
(d)Â All Credit Card Transactions taken over the phone will incur a 0.88% Surcharge, applied at time of processing. Credit or Debit Card Transactions processed through the eWay payment portal on our website will incur a payment method Surcharge of $1.70 per transaction whilst choosing to pay via PayPal will incur a 2.9% payment method Surcharge.
6. Changes in Ownership
In the event of the customer, being an individual or partnership, incorporates his/her business and the company continues to use the existing account, or the account is used by a company of which he/she is a director, he/she hereby agrees to personally guarantee all due debts. If ownership of the Customerâ€™s business changes, the customer will remain liable for all debt incurred on this account until such time as the supplier is notified in writing of such change.
7. Limitation of Liability
The Customer acknowledges that no warranty; condition, description or representation in relation to goods supplied is given by the supplier, expressly or implied. All warranties, terms and conditions in relation to the state, quality of fitness of the goods and of every other kind whether implied by use, statute or otherwise are hereby excluded. The supplier shall not be liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply of the goods arising out of the supplierâ€™s negligence or in any way whatsoever. The supplierâ€™s liability for a breach of a condition or warranty implied by Div. 2 of Pt V of the Trade Practices Act 1974 (other than s.69) is hereby limited to: -
(a) In the case of goods, any one or more of the following:-
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods;
(iv) the payment of the cost of having the goods repaired; or
(b) In the case of services again:-
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again
The supplierâ€™s liability under s.74H of the Trade Practices Act 1974 is expressly limited to a liability to pay the customer an amount equal to: -
(a) the cost of replacing the goods; or the cost of obtaining equivalent goods; or
(b) The cost of having the goods repaired, whichever is the lowest amount.
8. Exercise of Legal Rights
The failure, delay, relaxation or indulgence on the part of the supplier in exercising any power or right conferred upon the supplier by these Terms and Conditions of Sale does not operate as a waiver of that power or right, nor does any single exercise of any power or right preclude any other or further exercise of it or the exercise of any other power or right under these Terms and Conditions of Sale.
9. Governing Law
These Terms and Conditions of Sale shall be construed in accordance with the law in force in Queensland, Australia and the parties agree to submit to the non-exclusive jurisdiction of the Courts of that state. It shall be competent for the supplier to issue proceedings in Brisbane, Queensland in a Court of competent jurisdiction.
Where these Terms and Conditions of Sale are qualified by any provision of law which applies and which cannot be excluded, where any such provision in these Terms and Conditions of Sale is deemed to be unlawful or unenforceable, such provision shall be severed from these Terms and Conditions of Sale and all other provisions hereof shall remain in force to the fullest extent permitted by law.
11. Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are: (1) owned by the Company, its licensors, other companies within the SI Retail group or other providers of such material; and (2) protected by Australian and internâ€‹ational copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You are permitted to use the Website for your personal, non-commercial use only. You must not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except to:
- store copies of such materials temporarily in your computers Random Access Memory (RAM).
- store files that are automatically cached by your web browser for display enhancement purposes; and/or
- print a reasonable number of pages of the Website for a permitted use.
You must not:
- modify copies of any materials from this Website.
- use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website.
You must not reproduce, sell or exploit for any commercial purposes any part of the Website, access to the Website or use of the Website or any services or materials available through the Website.
If you print, copy, modify, download or otherwise use any part of the Website in breach of the Terms and Conditions, your right to use the Website will cease immediately and you must either return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
12. Company Trademarks
The Company name â€śSI RetailÂ®â€ť, and the termsÂ "EZI-QÂ®", "DIVIDE-ITÂ®", "" and all related names, logos, product and service names, designs and slogans are all registered trademarks of Fuller Family Holdings Pty. Ltd. You must not use such marks without the prior written permission from Fuller Family Holdings Pty Ltd. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.