CATALOGUE & PRICE LIST 2018-19

12. Returns and Exchanges 12.1 Subject to clause 12.2 and 12.6, the Supplier will not be liable for any shortages, damage or non-compliance with the specifications in the Agreement unless the Customer notifies the Supplier with full details and description within 10 days of delivery otherwise the Customer is deemed to have accepted the goods. 12.2 When any shortages, claim for damaged goods or noncompliance with the Agreement specifications is accepted by the Supplier, the Supplier may, at its option, replace the goods, or refund the price of the goods. 12.3 Subject to clause 12.6, the Supplier will not under any circumstances accept goods for return that: (a) have been specifically produced, purchased or otherwise acquired to fulfill the Agreement; (b) are discontinued goods or no longer stocked by the Supplier; (c) have been altered in any way; (d) have been used; or (e) are not in their original condition and packaging. 12.4 If the Supplier accepts goods for return for reason other than a failure of the statutory guarantees under the ACL, the Customer will receive a credit for the returned goods equal to the price charged by the Supplier less a 15% deduction for handling and restocking charges. 12.5 The Customer must; (a) obtain the Supplier’s prior written approval for return of goods; and (b) pay all freight charges and costs associated with return of goods unless recoverable from the Supplier on the failure of any statutory guarantee under the ACL. 12.6 If the Customer is a consumer, nothing in this clause 12 limits any remedy available for a failure of the guarantees in sections 56 and 57 of the ACL. 13. Customer Restructure 13.1 The Customer must notify the Supplier in writing of any change in its structure or management including any change in director, shareholder or management or change in partnership or trustee within 7 days of the date of any such change. 14. Force Majeure 14.1 The Supplier is not liable in any way howsoever arising under the Agreement to the extent that it is prevented from acting by events beyond its reasonable control including, without limitation, industrial disputes, strikes, lockouts, accident, breakdown, import or export restrictions, acts of God, acts or threats of terrorism, or war. If an event of force majeure occurs, the Supplier may suspend or terminate the Agreement by written notice to the Customer. 15. Miscellaneous 15.1 The law of Victoria from time to time governs the Terms. The parties agree to the non-exclusive jurisdiction of the courts of Victoria, the Federal Court of Australia, and of courts entitled to hear appeals from those Courts. 15.2 The Supplier’s failure to enforce any of these Terms shall not be construed as a waiver of any of the Supplier’s rights. 15.3 Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or supply of services which cannot be excluded, restricted or modified 15.4 If any Term is unenforceable it shall be read down to be enforceable or, if it cannot be read down, the term shall be severed from the Terms without affecting the enforceability of the remaining terms. 15.5 The Customer must comply with the Privacy Act 1988 (Cth), the Australian Privacy Principles and any other relevant privacy laws in connection with any personal information supplied to it or provided to the Supplier in connection with this Agreement. Product specifications and dimensions are subject to change without notice.