TERMS AND CONDITIONS OF SALE
These terms and conditions shall apply to all orders entered into by and between any distributor or any end-user of all items sold and/or provided by Seller (Steadycorp Pty Ltd) to Buyer, whether goods, materials, products to be manufactured and delivered, services to be rendered, or any combination thereof (“Goods”). These terms and conditions and any Seller quotation form submitted herewith or separately shall be collectively referred to hereinafter as the “Agreement.” Seller shall accept orders, sell Goods, and do business only upon these terms and conditions.
Cancellation. Buyer may not suspend or cancel orders placed with Seller, except with Seller’s prior written consent and then only if Buyer reimburses Seller for all losses incurred due to such suspension or cancellation, including without limitation, all incidental and consequential damages and expenses arising therefrom. Direction from Buyer to suspend or cancel any order may be treated as repudiation, making Buyer immediately liable for loss, expense and other damages sustained.
Delivery. Title to and risk of loss for the Goods shall pass to Buyer upon delivery of the Goods by Seller to the common carrier for delivery. If Buyer does not specify shipping instructions, Buyer hereby authorizes Seller to make shipping arrangements on Buyer’s behalf and Buyer shall be responsible for all costs and expenses associated therewith. All timeframes provided by Seller, whether verbally or in writing, are good faith estimates of the expected delivery date for the Goods. Seller shall use commercially reasonable efforts to fill Buyer’s orders within the time stated but in no event shall Seller be liable for any damages associated with Seller’s inability to meet any such timeframes or deadlines, including but not limited to incidental or consequential damages arising therefrom.
Duties and Taxes. Any import duties and taxes levied by the country the Buyer specifies for delivery of the goods are due and payable by the Buyer. The Buyer agrees to pay all the cost of any taxes, import duties, or any other fees and charges which might be levied by the destination country. The buyer acknowledges that the seller is not responsible for any actions or delays by customs officials, postal services, or courier services.
Inspection & Acceptance. Buyer’s payment shall constitute final acceptance of the Goods and shall act as a waiver of the Buyer’s rights to inspect or reject the goods unless otherwise agreed. If Buyer rejects any merchandise, Buyer must first contact Seller before returning any goods. Goods returned without contacting the Seller will not be accepted. Seller will not be responsible for any shipping costs, damages to goods, or any other costs or liabilities pertaining to goods returned without contacting the Seller prior to return. Buyer will be responsible for all shipping costs to and from Buyer and repackaging costs, if any, if Buyer refuses to accept shipment. If Goods are returned in unsaleable condition, Buyer shall be responsible for full value of the Goods. Any Goods returned hereunder shall be subject to a restocking fee equal to 10% of the invoice price.
Specifications. Seller may, at its option, make changes in the designs, specifications or components of the Goods to improve the safety of such Goods, or if in Seller’s judgment, such changes will be beneficial to their operation or use.
Limited Lifetime Warranty. The Seller warrants the Steadyrack bike racks are free from defects in material or workmanship for a period of one year from the original date of purchase.
Exclusion of other warranties. All warranties are void if the rack is modified from its original condition or misuse, improper installation or other maltreatment, interference or abuse including, but not limited to, use in a manner contrary to our specifications.
Force Majuere. Seller shall not be responsible for any delay in the delivery of, or failure to deliver, goods due to causes beyond Seller’s reasonable control including, without limitation, acts of God, acts of war or terrorism, enemy actions, hostilities, strikes, labor difficulties, embargoes, non-delivery or late delivery of materials, parts and equipment or transportation delays not caused by the fault of Seller, delays caused by civil authorities, governmental regulations or orders, fire, lightening, natural disasters or any other cause beyond Seller’s reasonable control. In the event of any such delay, delivery of the goods will be postponed by such length of time as may be reasonably necessary.
Assembly/Installation. Buyer shall, at its own expense, make all arrangements and connections necessary to install and operate the Goods properly. Buyer shall install the Goods in accordance with any Seller instructions or recommendations and shall indemnify Seller against any and all damages, demands, suits, causes of action, claims and expenses (including actual attorneys’ fees and costs) arising directly or indirectly out of Buyer’s failure to properly install the Goods.
Use of Goods. Buyer is responsible for using the Goods properly and safely as set forth in manuals and instructions furnished by Seller.
Remedies. Each of the rights and remedies of Seller under this Agreement is cumulative and in addition to any other or further remedies provided under this Agreement or at law or equity.
Attorney’s Fees. In the event legal action is necessary to recover monies due from Buyer or to enforce any provision of this Agreement, Buyer shall be liable to Seller for all costs and expenses associated therewith, including Seller’s actual attorneys’ fees and costs.
Governing Law/Venue. This agreement shall be governed by and interpreted in accordance with the laws of the State of Western Australia and the parties consent to the jurisdiction of the Courts of that State..
Summary of Return Policy For Non Defective Goods.
- 10 Day acceptance period from date of delivery. Damage claims and order discrepancies will not be accepted after this time.
- You must contact Steadycorp Pty Ltd PRIOR to returning any materials.
- Returned materials must be received at Steadycorp Pty Ltd in new condition and in original unopened packaging.
- Altered items are not eligible for return.
- Buyer is responsible for all shipping charges.
- A 10% re-stocking fee applies to all returns.
Steadycorp Pty Ltd makes every effort to ensure that our posted specifications, images, pricing and product availability are as correct and timely as possible. We apologise for any discrepancies that may occur. Steadycorp Pty Ltd reserves the right to make any and all changes deemed necessary in the course of business including but not limited to pricing, product specifications, quantities, and product availability.
For Customer Service & Technical Support:
Please contact us at email@example.com