PURCHASE ORDER TERMS & CONDITIONS Interpretation
1. In these conditions: ‘Buyer' means the buyer of the goods. ‘Seller' means Paul Napper trading as ‘Blue Parcel' (ABN 12 711 974 430). ‘Principal' means the supplier and distributor of the goods to the buyer. ‘Goods' means the products and/or services sold by the seller (as agent for the supplier) to the buyer. ‘Order' means the order for the goods placed by the buyer with the seller. General
• The placing of an order by the buyer includes acceptance of these terms and conditions as the sole basis of the sale to the exclusion of any conditions of sale appearing on any other document (save for the supplier's relevant returns policy). Agency
• The buyer acknowledges that: - • the seller is selling the goods in the legal capacity as agent for the principal; and • the contract for sale of the goods exists at law as between the supplier and the buyer. Alterations • No changes to the order are to be made by the seller without the written agreement of the buyer. Price • The order is placed on the price stated in the order. The price is payable at the time of order. Unless otherwise stated in the order, the price excludes taxes. Warranties • The supplier warrants that the goods must: 5.1 be fit for the purpose for which goods of the same kind are commonly supplied; and 5.2 be of merchantable quality and to be free from defect in material and workmanship.
Inspection & Return • The buyer must inspect the goods within a reasonable time after delivery. The buyer must promptly notify the seller of any defects appearing, and hold goods so found to be defective for the supplier's instructions for a reasonable period not exceeding 60 days. The supplier will instruct the buyer in accordance with the relevant returns policy of the supplier, and the buyer agrees to be bound by the terms of the relevant returns policy. The buyer acknowledges that the seller is not liable to refund or replace goods alleged to be defective. Any refund or replacement of the goods is subject to and conditional upon the supplier's relevant returns policy. Any refund or replacement is the sole responsibility of the supplier. Packing & Delivery • The supplier will suitably pack and deliver the goods to the delivery address stated in the order within reasonable time of the order being placed by the buyer with the seller. The supplier's charge to the buyer for packing and delivery of the goods are expressly incorporated in the order. Passing of Risk • The goods are at the supplier's risk until delivered to the destination stated in the order. The goods are at the buyer's risk following delivery to the destination stated in the order. Governing Law • This agreement is governed by and construed according to the laws of the state of New South Wales , Australia . • Each party irrevocably and unconditionally submits to the jurisdiction of the courts of New South Wales . |