REDBACK SPORT
CONDITIONS OF SALE
1. DEFINITIONS
In these conditions of sale
(a) "RBS" means Redback Sport ABN 94097478914.
(b) "goods" means the goods that are items of RBS's catalogue of junior golf clubs and golf accessories supplied pursuant to RBS's delivery documentation.
(c) "Purchaser" means the person, firm or company whose name and address is endorsed on the front hereof or referred to in the document attached hereto or such other documents in which these terms and conditions of sale are expressly referred to or contemplated.
(d) the singular includes the plural and vice versa.
(e) reference to any gender includes reference to all genders.
2. GENERAL
Any order placed by a purchaser is deemed to be a contract incorporating these terms and conditions. Any inconsistencies which may be introduced in the purchaser's order or acceptance do not form part of the contract unless expressly agreed to by RBS in writing.
3. DESCRIPTION
Any description of the goods contained in a quotation or other documents or pamphlets which may precede delivery or accompany the goods is given by way of identification only, and the use of such description does not constitute a contract of sale by description.
4. PAYMENT
Payment is to be strictly cash within 30 days from date of statement unless otherwise expressly specified in writing. RBS reserves the right, notwithstanding any agreement which may be made, to require payment in advance or cash prior to or on delivery should the purchaser's credit worthiness appear in the opinion of RBS to be unsatisfactory. The purchaser agrees to reimburse RBS for all expenses incurred by RBS in collecting moneys due under these terms and unpaid. "Expenses" means both legal costs and disbursements as charged to RBS and debt collection agencies' usual and ordinary charges for collecting such amounts as charged to RBS.
5.PRICES
Unless otherwise expressly agreed by RBS in writing, all goods will be charged for at the prices ruling on the date or dates of dispatch from warehouse and stated in RBS's applicable price list. All prices quoted or charged do not include goods and services tax or other Government imposts except where otherwise expressly stated. Prior to supplying goods, RBS may by notice to the purchaser vary RBS's price for any goods ordered. Within 7 days of RBS giving such notice, the purchaser may give notice to RBS of the cancellation of the purchaser's order or that part of the purchaser's order in respect of which goods have not been supplied, and that notice shall terminate the contract between RBS and the purchaser, save for those goods supplied by RBS prior to the purchaser giving that notice in respect of which the contract shall remain in full force and effect.
6. DELIVERY
Orders will be delivered to your nominated business address between 9am and 5pm Monday to Friday excluding public holidays. Delivery lead time will vary depending on your location. All orders require a signature upon delivery. If there's no authorised person at the delivery address to sign for the parcel, or the delivery address is closed during the usual business hours specified above, we reserve the right to charge a $20.00 re-delivery fee which will be charged to your account.
7. DELAY
Any time quoted for delivery is an estimate only and RBS shall not be liable for any loss or damage howsoever arising as a result or consequence of any failure to deliver or delay in delivering. If RBS determines that it is or may be unable to deliver within a reasonable time or at all, the contract may be cancelled by RBS. In the event of cancellation, the purchaser shall have no claim against RBS for any damage, loss, cost or expense whatsoever. The purchaser shall not be relieved of any obligation to accept or pay for goods by reason of any delay in delivery.
8. PROPERTY AND RISK
Property in the goods shall pass to the purchaser at the time the goods are paid for in full by the purchaser. If the purchaser defaults in any payment due to RBS, it will be lawful for RBS without notice to enter any premises occupied by the purchaser or any other place where the goods may be and retake possession of them. If the purchaser sells any of the goods while money is owed to RBS, it will do so as agent for RBS, to whom the purchaser will be fully accountable for the proceeds of sale. The risk in the goods shall pass to the purchaser upon delivery by RBS to the purchaser.
9. CLAIMS
Except for rights and remedies expressly conferred by statute and which cannot be excluded, RBS shall have no liability in respect of the goods unless a claim is in writing and is received by RBS within fourteen (14) days after delivery of the goods to the purchaser. Any claim which the purchaser does not notify within the aforesaid time (time being of the essence) shall be deemed to have been absolutely waived.
10. LIMITATION OF LIABILITY
The liability of RBS for the breach of any warranty condition or undertaking whether express or implied and whether by reason of any negligence or otherwise, except for rights expressly conferred by statute and which cannot be excluded, is limited, at the option of RBS, to replacement at its own cost of any article proved, under proper care and use, to be of faulty manufacture. RBS's liability is limited in all cases to crediting or replacing faulty articles free of charge. Subject to these terms and conditions, RBS shall not be liable whether in tort or in contract for any loss or damage to the purchaser (whether special, indirect or consequential damage), including, but not limited to, damage for loss of revenue, costs incurred in connection with substitute facilities, third party loss, or the loss of any actual or anticipated profits.
11. IMPLIED CONDITIONS
These terms and conditions of sale represent the whole of the contract between the parties and all representations, conditions or warranties and agreements whether express or implied not contained herein are hereby expressly excluded except to the extent that the purchaser has rights and remedies in respect of the goods pursuant to statute and which cannot be excluded.
12. WAIVER
Failure by RBS to insist upon strict performance of any term or condition of the contract shall not be deemed to be a waiver thereof or of any rights RBS may have and shall not be deemed a waiver of any subsequent breach of any term or condition.
13. NOTICES
Notices to RBS shall be transmitted by prepaid registered mail to the address stated on the contract or to the principal place of business of RBS. No notice or payment transmitted to RBS shall be deemed to have been given or made until it is actually received at such address.
14. GOVERNING LAW
The contract shall be governed by and construed in accordance with the laws of Queensland and the parties submit to the non-exclusive jurisdiction of the Courts of Queensland in respect of any proceedings in connection with the contract. Any dispute or claim arising out of or relating to this contract shall first be referred to mediation by a Queensland Law Society approved mediator agreed by the parties, or failing agreement, appointed by the President of the Queensland Law Society on the terms of the standard mediation agreement approved by the Queensland Law Society.
15. DEFAULT IN PAYMENT
RBS will treat any default by the purchaser in payment of monies due to RBS on any account as a breach of these terms and conditions. RBS will thereupon cease delivery of all other orders placed by the purchaser until the due payment or payments are made. Recurring payment default will lead to the purchaser's account with RBS being closed and any further order placed by the purchaser will only be processed when prepaid for by bank cheque or equivalent.
16. SEVERANCE
It is agreed that if any provision of these terms and conditions should be determined to be void by any Court of competent jurisdiction, then such determination shall not affect any other provision hereof, and each such other provision shall remain in full force and effect.
17. ASSIGNMENT
RBS reserves the right to assign its rights to payments from the purchaser, without reference to the purchaser.
