This agreement is between Photo Create Pty. Limited ACN 120304810 of Lot 2 Lang Street, Glen Innes NSW 2370 Australia, and the buyer who joins as a member to purchase goods from Photo Create Business Direct.
Definitions in this Agreement:
Business Day means a day on which trading banks are open for ordinary business in the State of New South Wales, Australia.
Agreement to Buy and Sell
The Seller has agreed to sell and the buyer has agreed to buy the Goods from the Seller on the terms and conditions set out in this Agreement.
Placement of Orders
The Buyer must ensure that any order of Goods from the Seller is placed via the Software. The Buyer must be aware that the software will only operate with broadband at a minimum of 512k/128k. The Buyer cannot cancel orders once the Goods have been ordered and submitted for production using the Software. The Buyer shall be liable for the full purchase price despite any purported cancellation of an order.
The Buyer must be aware that the Seller does not accept returns or process refunds for any reason other than freight damage or for manufacturing defect. The Seller does not proof, edit, or change the Buyers content in any way. It is the Buyers responsibility to review each order and fix any errors prior to the Goods being ordered and submitted for production.
When ordering multiples of any product, we strongly recommend the Buyer first order one sample to make sure it is the quality expected.
Acceptance of Orders
The Seller may decline any order received from the Buyer by notice to the Buyer within 3 days of receipt of the order by the Seller. Any order not declined pursuant to this clause binds the Seller.
Delivery of Orders
The Seller must deliver each order to the Business address provided between the hours of 9.00 a.m. and 5.00 p.m on any Business Day and must use its reasonable endeavours to effect delivery on or before the Delivery Date. The Seller is not liable for any loss, damage or delay occasioned to the Buyer or its customers arising from the late or non-delivery of the Goods.
Packing of Orders
The Seller must ensure each order is safely and securely packed for transportation to the Buyer, having regard to, the fragility of the Goods, the distance the Goods are likely to travel and the method of transportation used to transport the Goods.
Price lists published or provided by the Seller are not an offer and are subject to change without notice. Unless otherwise stated, the price quoted excludes delivery. All orders for Goods accepted by the Seller will be invoiced at its then current prices.
The Buyer shall use Pay Pal to prepay for goods at the time that the order is made. Only Visa and Master Card will be accepted.
Title to Goods constituting an order free of encumbrances and all other adverse interest shall pass to the Buyer upon delivery of the Goods to the Buyer. Risk in each order passes to the Buyer upon delivery of that order to the Buyer.
If a product suffers a fault as a result of the production process, or damage incurred in transit, the Seller agrees to resupply free of charge these goods. Any claims must be received within 28 days of the original invoice date.
The liability of the Seller for claims for defective Goods or services shall be limited, at the option of the Seller, to the replacement or repair of such Goods or the payment of the cost of repairing or replacing the Goods. The seller shall have no liability to the Buyer in respect of any loss of profits, damage to property, personal injury, consequential loss or damage or losses of any kind which may be suffered or incurred by the Buyer in respect of Goods or services supplied by the Seller to the Buyer or in respect of a failure or omission on the part of the Seller to comply with its obligations under this Agreement.
Terms and Amendments
This Agreement commences on the date a Buyer joins as a member of Photo Create Business Direct and ends with 1 month's written notice of intention to terminate by one party to the other. The seller may vary the terms and conditions of this Agreement by adding, altering or deleting any of them, and in that event, the new terms and conditions will be binding on the Buyer and on the Seller giving the purchaser 1 month's notice for writing of the new terms and conditions.
Good and services tax
The Buyer will be liable for any GST which may be payable in relation to any supply of Goods pursuant to this agreement and must pay that GST at the same time and in the same manner as the value for the Goods is payable.
This Agreement constitutes the whole agreement between the parties to the exclusion of other agreements, representations or warranties. This Agreement will prevail over any terms and conditions of the Buyer's purchase order to the extent that such terms and conditions are inconsistent with this Agreement.
This Agreement is construed and takes effect in accordance with the law in the State of New South Wales, which is the proper law of this Agreement, and the parties agree that the Courts of the State of New South Wales have the sole jurisdiction to determine disputes, and that the procedures for disputes will be commenced in a Court of competent jurisdiction in the state of New South Wales, Australia.
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