Website terms and conditions of sale of products
1. ABOUT THESE TERMS
1.1 These terms and conditions together with your Order constitute the entire Contract between us and you for the supply of Products. No other terms and conditions will apply. The Contract cannot be varied unless Dexion and the Customer agree to vary it in writing or by email.
1.2 Words spelt with initial capital letters are defined terms which, for your ease of reference, are set out below.
"Australian Consumer Law" means the law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any corresponding provisions of state or territory fair trading legislation or the Australian Securities and Investments Commission Act 2001 (Cth).
"Contract" means these terms and conditions together with the Customer’s Order.
"Customer" means any party who purchases Products from Dexion.
"Dexion" means Dexion (Australia) Pty Ltd ABN 83 000 083 956 and its successors, transferees or related companies.
"Dexion Web Site" means our web site for customers in Australia located at http://www.dexion.com.au/
"Non-excludable Rights" means rights under the Australian Consumer Law or other rights the Customer may have in relation to the supply of the Products that cannot lawfully be excluded by Dexion.
"Order" means an order placed by the Customer in accordance with these terms and conditions.
"Product" means any product listed on the Dexion Web Site which Dexion agrees to supply to the Customer on these terms and conditions.
2. ORDERS AND PRICING
2.1 By placing an Order, the Customer makes an offer to Dexion to purchase the Products selected on these terms and conditions. Dexion may or may not accept the offer at its discretion. If the Order is accepted, Dexion will notify its acceptance by issuing an invoice.
2.2 All sales of Products are made at the price for that Product shown on the Dexion Web Site at the time of Order unless otherwise agreed in writing. Prices on the Dexion Web Site do not include delivery, which will be separately charged.
2.3 Except where express provision is made to the contrary, and subject to this clause, the price of Products listed or payable is inclusive of GST, unless otherwise indicated
2.4 All Orders, once accepted, are final. No Order may be cancelled except with Dexion’s written consent and on terms which will indemnify Dexion against all losses. The Customer acknowledges that the extent to which an Order can be modified or cancelled, if at all, will depend on the type of product and the stage that the Order has reached in Dexion’s system.
3.1 Payment for all Orders must be made by the Customer by credit card and payment must be cleared prior to shipping. Payment may be processed by an agent appointed by Dexion.
3.2 The Customer undertakes that all details provided to Dexion for the purpose of ordering or purchasing Products or services are correct, that the credit or debit card used belongs to the Customer and that there are sufficient funds to cover the cost of the Products or services ordered.
4.1 Dexion may subcontract the fulfilment of any Order to any of its franchisees or other fulfilment partner.
4.2 The Customer may elect to have the Products delivered or pick-up the Products.
4.3 If the Customer elects to have the Products delivered, Dexion or its fulfilment partner will arrange for delivery by a carrier. Delivery charges for this are payable by the Customer. Where the delivery charges are able to be calculated on the Dexion Web Site, the charge for delivery will be the amount so quoted. Where the delivery charges are not able to be calculated on the Dexion Web Site, the delivery charges will be calculated by Dexion or its fulfilment partner.
4.4 If the Customer elects to pick up the Products, they can be picked up from Dexion or, if applicable, its nominated fulfilment partner during normal business hours.
4.5 Subject to any Non-excludable Rights:
(a) any estimated delivery times are estimates only and neither Dexion nor its fulfilment partner is not liable for any delay in delivery; and
(b) neither Dexion nor its fulfilment partner shall not be liable for any losses, damages or expenses sustained by the Customer or any other person in consequence of delay in delivery or collection of the Products or completion of work for any reason whatsoever. If such delivery or collection or completion is delayed at the request of the Customer or owing to the Customer’s inability to accept the Products for any reason or owing to some other cause beyond the control of Dexion or its fulfilment partner, where Dexion or its fulfilment partner is able to deliver same or carry out such work, then the Customer shall be liable for extra charges, losses or expenses incurred by Dexion or its fulfilment partner.
5. TITLE AND RISK
5.1 Products supplied by Dexion or its fulfilment partner to the Customer are supplied on an ex-warehouse basis. Title and risk in the Products transfers to the Customer immediately upon being delivered to the Customer or carrier.
6. CHANGE OF MIND RETURNS
Dexion will accept a change-of-mind return of any Product if the Customer provides Dexion with written notice of the intention to make such a return within 48 hours of receipt of the Product. The Product must be returned in original condition and packaging within 24 hours of the written notice. The purchase price for the returned Product will be refunded to the Customer less any transport costs and a 15% restocking fee. Refunds will be processed within seven days of the return of the Product to Dexion.
6.1 For the purposes of clause 6.1 above, a ‘change-of-mind return’ is where the Customer decides that they do not wish to purchase the Products and is not otherwise entitled to return the Product due to any failure to comply with a consumer guarantee under the Australian Consumer Law or as a result of the Products otherwise being faulty, damaged or delivered incorrectly.
7. EXCLUSIONS AND LIMITATIONS
7.1 Subject to clause 7.2, Dexion does not make any guarantee, condition or warranty as to materials, workmanship or performance of the Products.
7.2 With the exception of Non-excludable Rights, and notwithstanding any other provision of these Terms and Conditions, the liability of Dexion to the Customer, whether arising under or in connection with these Terms and Conditions or the performance or non-performance thereof or anything incidental thereto, and whether by way of indemnity, by statute (to the extent that it is possible to exclude such liability), in tort (for negligence or otherwise), or on any other basis in law or equity is hereby limited and excluded as follows:
(a) Dexion shall not have any liability whatsoever to the Customer for the loss of use, production, profit, revenue, business, data, contract or anticipated saving, or for any financing costs or increase in operating costs or any economic loss or for any special, indirect or consequential loss or damage; and
(b) the total aggregate liability of Dexion is at all times limited to the amount equal to the purchase price of the Products.
7.3 To the maximum extent permitted by law, Dexion’s liability pursuant to:
(a) any warranty, term or condition implied in these Terms and Conditions; and
(b) any Non-excludable Right (including, for the avoidance of doubt, section 274 of the Australian Consumer Law or any similar or successor provision),
shall be limited, at Dexion’s option, to repair or replacement of the Products or the cost of repairing or replacing the Products.
7.4 Any advice, recommendation, information or representation provided by Dexion as to the quality or performance of the Products or their suitability for a particular purpose or otherwise in relation to the Products is given in good faith but without any liability or responsibility on the part of Dexion. The Customer acknowledges that it has not relied upon or been induced by any representation by Dexion.
8.1 The Customer indemnifies Dexion and its agents, regardless of any negligence on the part Dexion, on a full indemnity basis, from and against any costs, liability, damage, loss, expense or demand arising directly or indirectly from:
(a) breach of these terms and conditions by the Customer;
(b) any false, misleading or deceptive representation or statement made by the Customer in respect of the Products to any person.
9. INSTALLATION & ASSEMBLY
9.1 Products sold by Dexion do not include installation or assembly. If a Customer requires installation or assembly services with respect to the Products it should notify Dexion and Dexion may, in its discretion, provide such services (or appoint an agent to provide such services) on terms to be agreed (including as to price) with the Customer.
10. SAFETY AND STANDARDS
10.1 The Customer agrees that:
(a) the Customer has received adequate information regarding the Products to ensure their safe use, handling, assembly, installation and storage;
(b) the Customer will ensure that the Products are properly used, in accordance with any instructions provided as to use, handling, assembly, installation and storage; and
(c) where the Products include steel storage Racking the Customer shall operate and maintain the storage racking in accordance with the requirements of Australian Standard AS 4084-1993 including any amendments made to that Standard.
11.1 The Customer agrees that all contracts made with Dexion for the supply of Products shall be deemed to be made in New South Wales and the Customer agrees to submit to the jurisdiction of that State.
11.2 If any term or condition is void or unenforceable, it shall be read down so as to be enforceable or, if it cannot be so read down, it shall be severed from these terms and conditions without affecting the enforceability of the remaining terms or conditions.
11.3 If a party is prevented from or delayed in complying with an obligation (other than to pay money) by an event beyond its reasonable control, performance by it of that obligation is suspended during the time, but only to the extent that, compliance is prevented or delayed.