These Terms and Conditions of Sale (“Terms”) apply to all goods sold by The Karma Collective Pty Ltd (“the Company”). “Goods” means all goods sold and/or delivered by the Company to the Customer from time to time.
No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by the Company in writing.
The Customer acknowledges that no employee or agent of the Company has any right to make any representation, warranty or promise in relation to the Goods or the sale of the Goods other than as contained in these terms.
TERMS OF PAYMENT
Prices are subject to change without notice.
Payments are to be made direct to the Company, strictly net, without any deduction or discount other than stated herein or in the relevant invoice or statement.
Payments are to be made before goods are dispatched, unless payment terms are agreed to by an authorised representative of the Company.
Interest is payable on all overdue accounts calculated on a daily basis at the rate of 10% per month as from the due date for payment until payment is received by the Company.
PROPERTY OF GOODS
Legal and beneficial ownership of Goods supplied by the Company will not pass to the Customer until such time as the goods so supplied and all other goods supplied by the Company to the Customer from time to time, have been paid in full
in cash or cleared funds.
RE-SALE OF GOODS
Should the Customer be a re-seller then, subject to clause 4.2.4, the Customer has the right to sell the Goods in its own name at full market value and in the ordinary course of business.
Until the amount payable to the Company in respect to the Goods, and in respect of all other Goods previously supplied by the Company to the Customer, has been paid in full in cash or cleared funds:
the Customer will hold the goods only as bailee for the Company.
the Goods must be stored in such manner that they are readily distinguishable from other goods owned by the Customer or other persons and so as to clearly show that they are the property of the Company.
the Customer must indemnify the Company from and against any claim, action, proceeding, damage, loss, cost, expense or liability incurred or suffered by the Company arising out of the possession, use or disposal of the Goods by
the Customer or repossession or attempted repossession of them by the Customer; and
any sale of the Goods under clause 4.1 will only be effected by the Customer as trustee for the Company and the proceeds of such sale and the rights of the Company’s Customer against its Customer arising from such sale will be
held in trust for the Company. The said proceeds must be held in a separate account or otherwise clearly identified in the books and records of the Customer.
SALES TAX AND GOODS AND SERVICES TAX
Goods and Services tax (“GST”) is included in displayed prices on the Company online store and will be clearly marked in the quoted price for any wholesale orders.
CANCELLATION OF ORDER
No order may be cancelled, modified or deferred without the prior written consent of the Company (which is at the Company’s sole discretion) and if such consent is given, it is at the Company’s election, subject to the Company being reimbursed
all losses, including loss of profits, and paid a cancellation and restocking fee (being 10% of the invoice value of the Goods) and freight to and from the Customer and the company.
COMPANY’S LIABILITY LIMITED
These Terms do not affect the rights, entitlements and remedies conferred by the Trade Practices Act (1974).
The Company is not subject to, and the Customer releases the Company from any liability (including but not limited to consequential loss or damage, removal costs or re-installation costs or liability for loss of use or profit) because
of any delay in delivery or fault or defect in the Goods.
If any statutory provisions under the Trade Practices Act 1974 or any other statute(s) apply to the Agreement then, to the extent to which the Company is entitled to do so, the Company’s liability under the statutory provisions is limited,
a the Company’s option to
replacement of the Goods or the supply of equivalent Goods; or
payment of the cost of replacing the Goods or of acquiring equivalent goods, and in either case, the Company will not be liable for any consequential or other direct or indirect loss or damage.
The Company warrants to the Customer that the Goods supplied hereunder will be free from defects in material and and workmanship.
On discovery of any defect in the Goods, the Customer must notify the Company in writing of such defect. All warranty claims must be received by the Company within fourteen (14) days of the day of delivery. All warranty claims must be
accompanied by photo evidence to support the claim.
The provisions of any act or law (including but not limited to the Trade Practices Act 1974) implying terms, conditions and warranties, or any other terms, conditions and warranties which might otherwise apply to or arise out of the agreement
between the Company and the Customer in relation to the Goods (the “Agreement”) are hereby expressly negatived and excluded to the full extent permitted by law.
The Customer expressly acknowledges and agrees that it has not relied upon, and the Company is not liable for any advice given by the Company, its servants, agents, representatives or employees in relation to the suitability for any purposes
of the Goods.