Safety~Stride - Terms & Conditions

CONDITIONS OF SALE

All goods supplied by Safety Stride, a division of Online B2B Pty. Ltd. (hereinafter called "the Company') are supplied in accordance with these terms and Conditions. Unless otherwise agreed in writing; these Conditions of Sale supersede any previously published conditions and shall override any terms, conditions or warranties stipulated, incorporated or referred to by the Buyer. No variation of these terms will be accepted unless confirmed by the Company in writing.

1. PRICES:

Orders are accepted on the condition that the goods will be invoiced at the price ruling at the date the goods are dispatched. Unless specified to the contrary, prices quoted are exclusive of all taxes, stamp duties and like levies or taxes.

2. DELIVERY:

A promise of delivery is made in good faith in light of conditions and circumstances prevailing at the time. The Company shall not be liable for any loss arising out of any delay in or failure to make delivery of goods. Where the availability of goods is limited, the Company reserves the right to reject orders, supply a lesser quantity or to fulfill orders by several consignments at the Company's discretion.

3. DAMAGE TO AND LOSS OF GOODS IN TRANSIT:

Where goods are received in a damaged condition, the Buyer shall notify the Company within three days of receipt. The goods shall not be used or disposed of until the damage has been surveyed. Non-delivery of goods must be notified to the Company within fourteen days. The Company shall not accept liability for good lost or damaged by any carrier nominated by the Buyer.

4. GUARANTEES AND WARRANTIES:

So long as the goods supplied are of sound commercial quality, there is no guarantee of their suitability for any specific purpose, even if the vendor knows such intended purpose. The Company warrants that goods supplied shall be free from defects in workmanship and materials. Subject to any legislation to the contrary, the Company shall recognise additional warranties or guarantees, only if given by the Company in writing.

5. FAULTY AND RETURNED GOODS:

5.1

Faulty goods will be repaired free of charge, provided that the Company is notified of the defect in writing within thirty days of delivery. The Company may choose to replace the goads with a like product if the faulty product cannot be repaired. The Company shall not be liable to replace or credit goods returned for any other reason.

5.2

Returned goods will only be received at the Company's warehouse if accompanied by written authorisation from the Company and documentation to validate purchase.

5.3

The Company shall not be liable for damage arising from inadequate packaging when goods are returned by the Buyer.

5.4

The cost of freight for returned goods shall be borne by the Buyer.

6. PAYMENT:

Payment for goods delivered must be made in full by the end of the month following invoice date.

The Company reserves the right to suspend further deliveries and to commence legal remedy, if full payment is not made by the due date.

7. COSTS:

Should payment remain outstanding beyond the Company's payment terms as outlined in clause 6, the Buyer is liable for all costs including Interest, legal costs and mercantile agent's fees incurred by the Company in recovering the amount outstanding.

8. TITLE:

8.1

Notwithstanding that risks passes to the Buyer, upon delivery, or that the Company issues a statement to the Buyer, the Company and the Buyer hereby acknowledge and agree that transfer of title to and sale by the Company shall occur at a time when payment is made for the goods and for all other goods supplied by the Company to the Buyer.

8.2

Until a transfer of title occurs pursuant to subclause 8.1, the Buyer is bailee of the goods and has no interest or option over the goods.

8.3

The Company may (notwithstanding any prior failure to exercise such rights) at anytime and without giving notification to the Buyer take possession of all goods, which remain the property of the Company.

8.4

The Buyer hereby irrevocably grants to the Company and its servants and agents a right of entry to any premises where the Company's goods may be situated and shall procure the consent to such entry of all other persons having any interest in the premises, for the purpose of the Company so taking possession of the goods.

8.5

The provisions of this clause apply notwithstanding the provision of credit to tie. Buyer.

9. BUYERS INSOLVENCY:

In the event of the Buyer's insolvency, bankruptcy or winding up, the Company shall be entitled to a general lien or all property or goods belonging to the Buyer in the Company's possession, and/or the unpaid price of any other goods delivered to the Buyer.

10. USE OF PRODUCT:

Subject to any legislation to the contrary, the Company is not liable for any loss, damage or injury caused by the goods not being used in accordance with instructions issued by the Company or by incorrect application of the goods.