Melsetter & Co. Pty Ltd ACN 646 624 866 (we, us, our)
Supply terms and conditions (as at 4/4/2021)
The following terms and conditions will apply to all goods or services you order from us. We may amend this document at any time.
(1) Product warnings and disclaimers
All warnings and disclaimers relating to products displayed on this website are
incorporated into this document. You agree that you have read, and understand, all
warnings and disclaimers relating to the products you wish to order from us.
(2) Orders
While we try to ensure that all details, descriptions and prices that appear on this website are accurate, errors may happen. We may choose to not fill any order (or part of any order) you have placed where this website contains errors or inaccuracies, including, but not limited to, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
If we choose to not fill any order (or part of any order) you have placed, we will refund you the monies you have paid to us relating to the goods or services we have chosen not to provide (including delivery relating to those goods or services).
(3) Title and risk
Where your order relates to goods:
(a) risk in the goods will pass to you when we place the goods in the post or with another delivery service; and
(b) subject always to clause 2, title to the goods will only pass to you once you have paid us the price relating to goods (as specified in your order).
(4) Returns
If you are not happy with any goods we provide, we will provide you with a refund (not including any delivery charges) if you return the goods in their original condition, with their original tagging and in their original packaging to us at PO Box 73 Waterford, 4133, QLD, Australia (at your expense), within 40 days from the date the goods were delivered to your address.
(5) Liability
(a) Any advice, recommendation, information, assistance or service given by us in relation to goods or services we supply is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given, but is provided without any warranty or accuracy, appropriateness or reliability. We will not be liable for any loss or damage suffered as a result of your reliance on such advice, recommendation, information, assistance or service.
(b) To the full extent allowed by law:
(i) our liability for breach of any term implied into this document by any law is excluded; and
(ii) we will not be liable for loss or damage of any kind, arising out of or in any way connected with the provision of, or failure to provide, any goods or services, whether arising in contract, tort (including negligence), statute or in any other cause of action, even if we have been advised of the possibility of damages.
(c) Our total liability for loss or damage of every kind whether arising:
(i) under this document; or
(ii) in contract, tort (including negligence), statute or in any other cause of action, is limited to:
(iii) the amount paid by you to us under this document at the date when such liability arises; or
(iv) if this document has been in place for more than one year, the amount paid by you to us over the previous one-year period, subject to any statutory rights that cannot be excluded by contract.
(d) If any goods or services supplied under this document are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability for breach of a guarantee conferred by the Australian Consumer Law (other than those conferred by section 51, section 52 and section 53 of the Australian Consumer Law) is limited to:
(i) in the case of goods, to any one of the following as determined by the us:
(A) the replacement of the goods or the supply of equivalent goods;
(B) the repair of the goods;
(C) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(D) the payment of the cost of having the goods repaired; and
(ii) in the case of services, to any one of the following as determined by us:
(A) the supplying of the services again; or
(B) the payment of the cost of having the services supplied again.
(e) We will not, under any circumstance, be liable for any indirect, incidental, special or consequential damages or loss of profits.
(6) Indemnity
(a) You agree to indemnify us, and keep us indemnified, in respect of any claim or demand made, or action commenced, by any person (including, but not limited to, you) against us, or for which we may be liable, relating to:
(i) the goods or services we supply to you;
(ii) your use of those goods or services; or
(iii) any other person’s use of those goods or services,
including, but not limited to any legal costs incurred by us in relation to meeting any claim, demand or action, or any party–party legal costs for which we are liable in connection with any such claim, demand or action, except to the extent any claim or demand made, or action commenced, relates to loss or damage caused by our negligence.
(b) This clause 6 survives termination.
(7) General
7.1 Assignment
You cannot assign, novate or otherwise transfer any of your rights or obligations under this document without our prior written consent.
7.2 Consents
Unless this document expressly states otherwise, a party may in its absolute discretion, give conditionally or unconditionally or withhold, any consent under this document. To be effective, any consent under this document is to be in writing.
7.3 Jurisdiction
(a) This document is governed by the law in force in Queensland, Australia (Jurisdiction).
(b) Each party submits to the non-exclusive jurisdiction of the courts of the Jurisdiction and the courts competent to determine appeals from those courts, in relation to any proceedings that may be brought at any time relating to this document.
(c) Each party irrevocably waives any objection it may have now or in the future to the venue of any proceedings where that venue falls within the Jurisdiction.
7.4 No merger
No right or obligation of any party will merge on completion of any transaction contemplated by this document.
7.5 Severability
Any provision of this document that is illegal, void or unenforceable is to be severed without prejudice to the balance of the provisions of this document which will remain in force.
7.6 Waiver
(a) Failure to exercise or enforce or a delay in exercising or enforcing or the partial exercise or enforcement of any right, power or remedy provided by law or under this document by any party will not in any way preclude, or operate as a waiver of, any exercise or enforcement, or further exercise or enforcement of that or any other right, power or remedy provided by law or under this document.
(b) Any waiver or consent given by any party under this document will only be effective and binding on that party if it is given or confirmed in writing by that party.
(c) No waiver of a breach of any term of this document will operate as a waiver of another breach of that term or of a breach of any other term of this document.
