Trade Products Terms and Conditions.

Interpretation 1.    In these conditions:        (a)‘Trade Products’ means (us) Trade Products Pty Ltd (ACN) 121 727 491 of 15 Yuilles Road, Mornington, 3931 which is the seller of the goods. (b)‘Buyer’ means (you) the purchaser of the goods specified in the purchaser       order. (c)‘Goods’ means any goods supplied by Trade Products to the Buyer. (d)Nothing in these conditions shall be read or applied so as to exclude,restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Trade Practices Act 1974) and which by law cannot be excluded, restricted or modified. General 2.    These conditions (which shall only be waived in writing signed by Trade Products) shall prevail over all conditions of the buyer’s order to the extent of any inconsistency. Terms of sale 3.    The goods and all other products sold by Trade Products are sold on these terms and conditions. (a)    If you are under age eighteen (18) years old you cannot place orders with Trade Products. By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. Should Trade Products suffer any damage or other losses as a result of a transaction entered into by a minor, Trade Products reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Trade Products. (b)    Trade Products will only sell and ship goods within Australia. We will not make deliveries outside of Australia. Placing your Order 4.    You may place an Order by filling in the Order Form on the Trade Products Web Site and clicking the "Submit My Order" button. When you place your Order, we will issue you with an Order Number. We will do this by email. By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions. Information contained on the Trade Products website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any products, however Trade Products will make every effort to supply Products to you. We will notify you that your order is being processed by sending you an Order Confirmation and tax invoice via email, however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. Trade Products and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we cannot process or accept your Order after payment is received we will contact you by email or telephone. Payment Methods And Processing 5    Trade Products currently accepts Visa, MasterCard, PayPal direct deposit or cheque. Payment processing will not begin until we receive all the information we need. Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day. Business days are Monday through Friday, excluding Victorian public holidays. We process credit card payments after you click the "Submit My Order" button. Where you pay by PayPal, direct deposit or cheque you must pay the price payable in Australian dollars as indicated on your Order Confirmation within 7 days from the date that you receive your Order Confirmation. When paying by cheque payment must be cleared before order will be processed. If a PayPal, direct deposit or cheque payment is not received within 10 days from the date that you receive your Order Confirmation, Trade Products reserves the right to cancel the transaction. For credit card payments we will email a tax invoice to you with your Order Confirmation. Where you pay by PayPal, direct deposit or cheque a tax invoice will be sent to you via email after your payment has been confirmed. Your tax invoice is your proof of purchase. Please Note: •    We are unable to accept credit cards issued by banks outside of Australia. •    Debit cards and cheque cards have daily spending limits that may substantially delay the processing of your order. •    You may be required to provide further identification for additional security reference checks. Trade Products’ quotations 6.    Unless previously withdrawn, Trade Products’ quotations are open for acceptance within the period stated in them or, when no period is so stated, within 30 days only after its date. Trade Products reserves the right to refuse any order based on any quotation within 7 days after the receipt of the order. Shortage 7.    The buyer waives any claim for shortage of any goods delivered if a claim in respect for short delivery has not been lodged with Trade Products within seven (7) days from the date of receipt of goods by the buyer. Drawings, etc 8.       (a)     All specifications, drawings, and particulars of weights and dimensions provided by Trade Products are approximate only and any deviation from any of these things does not vitiate any contract with Trade Products or form grounds for any claim against Trade Products. (b)     The descriptions, illustrations, diagrams and performances contained in catalogues, price lists and other advertising matter do not form part of the contract of sale of the goods or of the description applied to the goods. (c)     Where specifications, drawings or other particulars are supplied by the buyer, Trade Products price is made on estimates of quantities required. If there are any adjustments in quantities above or below the quantities estimated by Trade Products and set out in a quotation, then any such increase or decrease are to be adjusted on a unit rate basis according to unit prices set out in this document or in the quotation. Performance 9.  Any performance figures given by Trade Products are estimates only. Trade Products is under no liability for damages for failure of the goods to attain such figures unless specifically guaranteed in writing. Any such written guarantees are subject to the recognised tolerances applicable to such figures. Delivery 10.        Delivery time takes up to 10 working days from the date that your payment is received. In all instances an estimated delivery time will be displayed at the check out for your product. Trade Products makes every effort to deliver your Product according to the estimated delivery times provided by Trade Products at checkout. The estimated delivery times are in business days (Monday through Friday) excluding Public holidays. Although every effort is made to ship your Order according to the estimated delivery times provided, estimated ship times may change due to changes in supply or circumstances beyond our control. We encourage you to visit the "Your Account" section on our website to view the delivery status of your Products.   Unless otherwise agreed by us, we will deliver your Products to the address indicated on your Order Confirmation. If no-one is available to take delivery of your Products, our carrier will leave a card so you can pick-up your Product from your local Post Office. Where delivery is by our courier service and no-one is available to take delivery, they will leave a card requesting you to telephone them to arrange a suitable time and date for delivery. We will use our reasonable efforts to deliver your Products to you within the estimated delivery time indicated on your Order Confirmation; however, we do not guarantee that we will deliver within this time frame. (a)     The delivery times made known to the buyer are estimates only and Trade Products is not be liable for late delivery or non-delivery. (b)     Trade Products is not liable for any loss, damage or delay occasioned to the buyer or its customers arising from late or non-delivery or late installation of the goods. (c)     Trade Products may at its option deliver the goods to the buyer in any number of instalments unless there is an endorsement in the purchase order to the effect that the buyer will not take delivery by instalments. (d)     If Trade Products delivers any of the goods by instalments, and any one of those instalments is defective for any reason: (1)    it is not a repudiation of the contract of sale formed by these conditions; and (2)    the defective instalment is a severable breach that gives rise only to a claim for compensation. Loss or damage in transit 11.  Trade Products is not responsible to the buyer or any person claiming through the buyer for any loss or damage to goods in transit caused by any event of any kind by any person (whether or not Trade Products is legally responsible for the person who caused or contributed to that loss or damage). Guarantee 12.  (1)     Trade Products’ liability for any goods manufactured by it is limited to making good any defects by repairing the defects or at Trade Products option by replacement, within a period not exceeding twelve (12) calendar months after the goods have been dispatched so long as: (a)    defects have arisen solely from faulty materials or workmanship; (b)    the goods have not received maltreatment, inattention or interference; (c)    the goods have not been incorrectly installed by the Buyer; (d)    accessories of any kind used by the buyer are manufactured by or approved by Trade Products; (e)    the seals of any kind on the goods remain unbroken; and (f)    the defective parts are promptly returned free of cost to Trade Products. (2)     If the goods are not manufactured by Trade Products the guarantee of the manufacturer of those goods is accepted by the buyer and is the only guarantee given to the buyer in respect of the goods. Trade Products agrees to assign to the buyer on request made by the buyer the benefit of any warranty or entitlement to the goods that the manufacturer has granted to Trade Products under any contract or by implication or operation of law to the extent that the benefit of any warranty or entitlement is assignable. (3)     Trade Products is not liable for and the buyer releases Trade Products from any claims in respect of faulty or defective design of any goods supplied unless such design has been wholly prepared by Trade Products and the responsibility for any claim has been specifically accepted by Trade Products in writing. In any event Trade Products’ liability under this paragraph is limited strictly to the replacement of defective parts in accordance with para 10(1) of these conditions. (4)     Except as provided in these conditions, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded. Trade Products is not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of the goods or arising out of Trade Products’ negligence or in any way whatsoever. 13.   Trade Products’ 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 limited to: (1)     in the case of goods, any one or more of the following: (a)    the replacement of the goods or the supply of equivalent goods; (b)    the repair of the goods; (c)    the payment of the cost of replacing the goods or of acquiring equivalent goods; (d)    the payment of the cost of having the goods repaired; or (2)     in the case of services: (a)    the supplying of the services again; or (b)    the payment of the cost of having the services supplied again. 14.   Trade Products’ liability under s 74H of the Trade Practices Act 1974 is expressly limited to a liability to pay to the purchaser an amount equal to: (1)     the cost of replacing the goods; (2)     the cost of obtaining equivalent goods; or (3)     the cost of having the goods repaired, whichever is the lowest amount. Prices 15.      (a)     Unless otherwise stated all prices quoted by Trade Products are inclusive of Goods and Services Tax (GST).     (b)    Trade Products always seeks to list products with the most competitive prices     (c)    Trade Products reserves the right to change prices for products displayed at any time. (d)    Prices quoted are those ruling at the date of issue of quotation and are based on rates of freight, insurance, customs duties, exchange, shipping expenses, sorting and stacking charges, cartage, cost of materials and any other charges affecting the cost of production ruling on the date is made. (e)    If Trade Products makes any alterations to the price of the goods or to any of their inputs either before acceptance of or during the currency of the contract, these alterations are for the buyer’s account. (f)    It is the responsibility of the Buyer to inform itself of the current ruling price. Payment 16.         The purchase price in relation to goods is payable net and payment of the price is due strictly before delivery. Buyer’s property 17.  Any property of the buyer under Trade Products’ possession, custody or control is completely at the buyer’s risk as regards loss or damage caused to the property or by it. Storage 18.   Trade Products reserves the right to make a reasonable charge for storage if delivery instructions are not provided by the buyer within fourteen days of a request by Trade Products for such instructions. The parties agree that Trade Products may charge for storage from the first day after Trade Products requests the buyer to provide delivery instructions. Returned goods 19.      (a)     Trade Products will not be under any duty to accept goods returned by the buyer and will do so only within 7 days of the delivery date and on terms to be agreed in writing in each individual case. All requests for returns must accompany a request for credit quoting Trade Products invoice number on which the goods were supplied. (b)    If Trade Products agrees to accept returned goods from the buyer under para (a) of this clause 19, the buyer must return the goods to Trade Products at Trade Products’ place of business referred to at the head of these conditions in the good’s original packaging. (c)    All returns may be subject to a re-stocking fee being 20% of invoice value. Goods sold 20.  All goods to be supplied by Trade Products to the buyer are as described on the purchase order agreed by Trade Products and the buyer and the description on such purchase order modified as so agreed prevails over all other descriptions including any specification, diagram or enquiry of the buyer. Cancellation 21.  No order may be cancelled except with Trade Products’ consent in writing and on terms which will indemnify Trade Products against all losses. Place of contract 22.      (a)     The contract for sale of the goods is made in the State of Victoria. (b)     The parties irrevocably submit all disputes arising between them to the courts of such state and any court competent to hear appeals from those courts of first instance. Your Account" - Your Credits 23.         "Your Account" with Trade Products has a credit facility. You may only use credits in "Your Account" as detailed here. There are only two (2) types of Credit available for use in "Your Account". "Coupons or Gift Voucher" Trade Products in its absolute discretion may from time to time provide discount Coupons to existing and/or new customers. Coupons or Gift Certificates can only be used towards the payment of Products on our website. Lost Gift Vouchers will not be replaced. Gift Vouchers are not redeemable for cash and are not available in conjunction with any other offer or discount. Coupons can only be used in accordance with the Terms and Conditions under which the Coupons are issued. Any Terms and Conditions governing the use of a coupon will accompany that Coupon. Trade Products will determine the content of Terms and Conditions governing Coupons in its absolute discretion. Where a Coupon is used towards the payment of a Product (or Products): 1.    There may be an outstanding balance due on the Product; and 2.    Where you hold any Trade Products within "Your Account", they must first be applied towards any outstanding balance due on the Product; and 3.    In the event that you have insufficient (or no) credit in "Your Account", and where you hold any Refund Credits within "Your Account", they must then be applied towards any outstanding balance due on the Product. 4.    In the event that you have insufficient (or no) Refund Credits in "Your Account", you must thereafter pay any outstanding balance due on the Product by Visa, MasterCard, PayPal cheque or Direct Deposit. "Refunded Credits" Under the Trade Products Limited Warranty we may credit "Your Account" with a Refund Credit from time to time. Trade Products will only provide Refund Credits under the Terms and Conditions detailed under "Your Rights To Return A Product". Where "Your Account" holds Refund Credits and you place an Order for a Product or Products: 1.    Any (applicable) Coupon and/or gift certificate that may be in your in "Your Account" credit facility must first be applied towards payment of the Product (or Products); 2.    In the event that (any applicable) Coupon and/or Gift certificate are insufficient for full payment of the Product (or Products), you must apply your Refund Credits towards the outstanding balance due on the Product (or Products); and 3.    Where any outstanding balance due on a Product (or Products) is less than the total Refund Credits in "Your Account", you retain the future use of any unused Refund Credits to apply towards any future Product payments; or 4.    In the event that you have insufficient Refund Credits to apply towards the outstanding balance due on the Product (or Products), you must pay any remaining outstanding balance due on the Product by Visa, MasterCard, PayPal, cheque or direct debit. You can only request to redeem the full amount of your Refund Credits held in "Your Account". To redeem your Refund Credits contact Customer Service. We will only redeem Refund Credits by a cheque sent to your mailing address