Terms and Conditions of Sale
1. Introduction
1.1. These Terms and Conditions of Sale ("Terms") apply to all sales of goods and/or services ("Products") by Cabliant Pty Ltd 52 693 660 990 ("we," "us," or "our") to you ("the Customer" or "you").
1.2. By placing an order with us, you agree to be bound by these Terms to the exclusion of all other terms and conditions (including any terms you purport to apply under any purchase order, confirmation, or other document). These Terms constitute the entire agreement between us.
1.3. These Terms are governed by the laws of Queensland, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of that State/Territory and federal courts within Australia.
2. Quotations & Orders
2.1. Any quotation provided by us is valid for 30 days unless noted otherwise, and is an invitation to treat only, not an offer.
2.2. An order is only accepted by us when we issue a written Order Confirmation or dispatch the Products, whichever occurs first. We reserve the right to refuse any order at our discretion.
2.3. It is your responsibility to ensure the accuracy of all details (including specifications, quantities, and delivery address) provided in your order.
3. Pricing & Payment
3.1. All prices are stated in Australian Dollars (AUD) and, unless otherwise stated, are exclusive of Goods and Services Tax (GST) and other applicable taxes or duties, which will be added to the invoice.
3.2. We may change prices at any time without notice. The price charged will be the price current at the time your order is accepted.
3.3. Unless otherwise agreed in writing:
a) Payment is due as per the terms noted on your invoice.
b) For online orders, payment is required in full at the time of placing the order.
3.4. We reserve the right to charge interest on overdue amounts at the rate of [e.g., 1.5% per month] or the maximum rate permitted by law, whichever is lower.
3.5. You must pay all amounts in full without any set-off, deduction, or counterclaim.
4. Delivery
4.1. Any stated delivery or lead times are estimates only and are not guaranteed. We are not liable for any loss or damage resulting from delays.
4.2. The risk in the Products passes to you upon delivery to the address nominated in the Order Confirmation, or upon collection from our premises.
4.3. If you fail to take delivery, we may charge storage fees and re-delivery costs, or treat the contract as cancelled by you (subject to clause 6).
4.4. You are responsible for inspecting the Products upon delivery and notifying us in writing of any evident damage or shortage within 48 hours of delivery.
5. Services
5.1. If the Products include services (e.g., installation, customisation), we will provide them with due care and skill, in accordance with any agreed specifications.
5.2. You agree to provide us with all necessary information, access, and assistance required to perform the services in a timely manner. Delays caused by you may result in additional charges.
6. Cancellation, Returns & Refunds
6.1. Change of Mind: Unless required by the Australian Consumer Law, we do not accept returns or provide refunds for change of mind.
6.2. Cancellation by Us: We may cancel an order at any time before delivery by giving you written notice. In such a case, we will refund any monies paid by you.
6.3. Cancellation by You: Orders cannot be cancelled by you after acceptance by us without our written consent. If we agree, you may be liable for a reasonable cancellation fee to cover our costs.
6.4. Faulty Products: Your rights to a repair, replacement, or refund for a major failure, or compensation for other reasonably foreseeable loss or damage, are guaranteed under the Australian Consumer Law. These Terms are in addition to those rights.
7. Warranties & Liability
7.1. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage.
7.2. Subject to clause 7.1 and to the maximum extent permitted by law:
a) All other warranties, conditions, or terms (whether express or implied) are excluded.
b) Our liability for any claim arising from these Terms or the supply of Products is limited, at our option, to: (i) the replacement of the Products or the supply of equivalent products; (ii) the repair of the Products; (iii) the payment of the cost of replacing the Products or of acquiring equivalent products; or (iv) the payment of the cost of having the Products repaired.
c) We will not be liable for any indirect, consequential, or incidental loss or damage, including loss of profits, revenue, data, or business opportunity, however caused.
8. Intellectual Property
8.1. All intellectual property rights in any materials, designs, software, or documentation we provide remain our sole property (or that of our licensors).
8.2. You are granted a non-exclusive, non-transferable licence to use such materials only for the purpose for which they were supplied.
9. General
9.1. Force Majeure: We are not liable for any failure or delay in performance due to events beyond our reasonable control.
9.2. Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights at any time.
9.3. Severability: If any part of these Terms is found to be void or unenforceable, it will be severed, and the remainder will continue in full force.
9.4. Waiver: Any failure by us to enforce a provision is not a waiver of our right to enforce it later.
10. Contact Us
For any questions regarding these Terms, please contact:
Cabliant Pty Ltd
info@cabliant.com.au