13
13. If any condition or warranty is implied into this agreement
under the Competition and Consumer Act (2010) (Cth) or
any equivalent State or Territory legislation and cannot be
excluded, then our liability is limited to one or more of the
following:
(a) in the case of goods, the replacement of the goods or
the supply of equivalent goods, the repair of the goods, the
payment of the cost of replacing the goods or of acquiring
equivalent goods, or the payment of the cost of having the
goods repaired;
(b) in the case of services, the supplying of the services again,
or the payment of the cost of having the services supplied
again.
14. Nothing in these conditions is to be read or applied so as
to exclude, restrict or modify or have the effect of excluding,
restricting or modifying any condition, warranty, guarantee,
right or remedy implied by law and which by law cannot be
excluded, restricted or modified.
15. Any quotes on pricing provided by us are consistent
with the prevailing market at the time of quotation, including
considerations as to rates of freight, insurance, customs,
duties, exchange, shipping expenses, sorting and stacking
charges, cartage, cost of materials and other charges affecting
the cost of production prevailing at that date.
16. Any increases in the quote price occurring either before or
during the agreement, shall be to your account.
17. Our quotations are open for acceptance within the period
stated therein. If no period is stated, our quotations are open
for acceptance for (14) fourteen days from the date the quote
was given.
18. All prices listed in our quotations and product catalogue are
subject to change or alteration without notice.
19. Unless we otherwise agree in writing we accept credit card
or eftpos payments only,..
20. We do not accept payment by cheque unless we have
previously agreed in writing to do so.
21. Any goods you deliver to us must be free of any chemicals.
If you deliver goods that are not free of chemicals, you must
pay any costs incurred by us including the cost of our own staff
in removing and disposing of the chemicals and cleaning the
goods.
22. If after 28 days of notifying you that your goods are ready
for delivery we have received no communication from you, we
retain any rights under the Australian Consumer Law and Fair
Trading Act 2012 (Vic) to sell the goods to recover the value of
any outstanding debt you may owe us.
23. You are responsible for backing up any Data that you,
or your agent, may install on the goods. If the Data is wiped,
corrupted, or lost, we are not liable (whether we are negligent
or otherwise) for any damage that may result from that Data
being wiped, corrupted or lost.
24. Before you use any of our goods you must check, and if
necessary adjust, all settings to ensure the goods are properly
calibrated.
25. We are not liable to you for any failure by us to perform
any of our obligations under this agreement caused by an
impediment or circumstance beyond our control.
26.In these terms and conditions,
(a) “we”, “us” or “our” means the entity within the Goldacres
Group from which you purchase goods and/or services,
including, but not limited to:
i. Goldacres Trading Pty Ltd ACN 061 306 732; and
ii. Goldacres Sprayer Centre Pty Ltd ACN 639 231 520
(b) “you” or “your” means the individual or company that
purchases goods and/or services from us.
(c) “our confidential information” includes all of our secrets,
ideas, know how, concepts, information, copyright, computer
programs, manuals, precedents whether in writing or in any
other form and all other information relating to us or our affairs,
businesses, sales, marketing or promotional information,
and any information about the ingredients, mix, make-up or
manufacturing process of the goods
(d) “goods” includes any associated services except where the
context does not permit.
(e) “Third Party Accessories” includes anything incorporated in
the goods that is manufactured and supplied to us by a third
party.
(f) “Data” includes any information capable of being installed
and/or stored on an electronic device.
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