Reservation of Title
Beneficial and legal title of all supplied goods remains in The Distributors Perth, until goods have been paid for. Should payment become overdue The Distributors Perth may recover and sell the goods.
NO CLAIMS RECOGNISED AFTER 24 HOURS FROM DELIVERY
1. About this website
Website Owner = WA Distributors Pty Ltd Pty
Ltd (ABN (37 134 030 103) (“ WA Distributors Pty Ltd ”) (Domain name =
http://www.thedistributorsperth.com the “website”)
policy carefully before using this website.
3. Your access/use implies agreement
The website is available for your use only
website, you are signifying that you agree to be bound by these terms.
4. Modifications to the Terms
WA Distributors Pty Ltd may revise and
5. Modifications to the information
WA Distributors Pty Ltd does not warrant
the accuracy, adequacy or completeness of material on this website. All
information may be changed, supplemented, deleted or updated without notice at
the sole discretion of WA Distributors Pty Ltd.
6. Errors and problems
WA Distributors Pty Ltd does not guarantee
that the website will be free from viruses, or that access to the website will
7. License and Ownership
The copyright for the content on this
website is owned or licensed by WA Distributors Pty Ltd and is protected under
the Copyright Act 1968 (Cth) and by other copyright laws in both
Australia and other countries. No material on this website may be reproduced,
adapted, uploaded to a third party, linked to, framed, performed in public,
distributed or transmitted in any form by any process without the specific
written consent of WA Distributors Pty Ltd.
All custom graphics, icons, and other items
that appear on the website and all associated trademarks, are trademarks of WA
Distributors Pty Ltd.
8. WA Distributors Pty Ltd Privacy
governs the use of information collected from or provided by you at the
website. A policy statement prepared by WA Distributors Pty Ltd for the
purposes of being made available to customers and the general public declaring
the company's commitment to the Privacy Act 1988 (Cth) (hereinafter the
“Privacy Act”) for a company required to comply is available at http://www.thedistributorsperth.com/privacypolicy.
9. Feedback, suggestions, comments or
WA Distributors Pty Ltd does not encourage
you to make feedback, suggestions, comments or requests (“comments”) but these
comments may be made to firstname.lastname@example.org and if you do make
comments, you acknowledge that: they will not be considered confidential or
proprietary, and WA Distributors Pty Ltd is under no obligation to keep such
information confidential, and WA Distributors Pty Ltd will have an
unrestricted, irrevocable, world-wide, royalty free right to use, communicate,
reproduce, publish, display, distribute and exploit such comments in any manner
9. Outbound links
The website may contain links to third-party
websites and resources (“linked sites”). These linked sites are provided solely
as a convenience to you and not as an endorsement by WA Distributors Pty Ltd. WA
Distributors Pty Ltd makes no representations or warranties regarding the
availability, correctness, accuracy, performance or quality of the linked site
or any content, software, service or application found at any linked site. WA
Distributors Pty Ltd may receive payments and/or commissions from operators of
linked sites in relation to goods or services supplied by the operator as a
result of you linking to the third party website from the WA Distributors Pty
10. Inbound links
WA Distributors Pty Ltd generally
encourages and agrees to your linking to the Home page through a plain text
link on your website without the need for agreement between yourself and WA
Distributors Pty Ltd. However, linking to any other page of the website is
strictly prohibited, without express written permission from WA Distributors
Pty Ltd .
The Australian section is provided for use
only by Australian residents. The law applicable to use of the Australian
section and to disputes arising out of the Australian section is the law of the
State of Western Australia and The International Section is provided for use by
residents of any country in the world but, to the fullest extent permitted by
law, the law applicable to use of the International Section and to disputes
arising out of the International Section is the laws of the State of Western
12. Disclaimer of Warranties
WA Distributors Pty Ltd makes no
representations or warranties about the accuracy, completeness, security or
timeliness of the content, information or services provided by the website and
disclaims all warranties, either express or implied, statutory or otherwise, including
but not limited to the implied warranties of merchantability, non-infringement
of third parties' rights, and fitness for a particular purpose.
13. Limitation of Liability
If WA Distributors Pty Ltd is found
responsible for any damages, WA Distributors Pty Ltd is responsible for actual
damages only. In no event shall WA Distributors Pty Ltd, be liable for any
incidental, indirect, exemplary, punitive and/or consequential damages, lost
profits, or damages resulting from lost data or business interruption resulting
from the use of or inability to use the website.
14.General Conditions of Sale
The following Conditions of Sale
shall apply to any product sold on this website. These Conditions of Sale
constitute a complete and exclusive statement of the agreement and
understanding between you and WA Distributors Pty Ltd with respect to the
subject matter hereof.
a. The goods delivered under this Agreement
shall be of normal industrial quality unless herein specifically stated to the
contrary. Any description of such goods has been given by way of identification
only and the giving or use of such description shall not constitute any sale
hereunder a sale by description.
b. The products available on the website
for sale under these Conditions of Sale are only available for sale to
individuals who can make legally binding contracts. The products are not
available to persons under the age of 18 years nor any other person legally
prohibited from entering into a binding contract. By placing your order you are
verifying to the WA Distributors Pty Ltd that you are able to make a legally
c. Your order is an offer by you to
purchase a particular product for the price (including the delivery and other
charges and taxes) specified on the website at the time of offer and shall be
understood to be placed under these Conditions of Sale.
d. These Conditions of Sale may
change from time to time and you are required within reason to revisit these
before placing your order to ensure that these Conditions of Sale have
e. WA Distributors Pty Ltd reserves the
right to accept or reject your offer for any reason, including, without
limitation, an error in the product description or the price posted on the
website, the availability of the product, or an error in your order. Your
contract with WA Distributors Pty Ltd only comes into existence when WA
Distributors Pty Ltd forwards you an email containing confirmation of receipt
of your order, an acceptance of your order, confirmation of receipt of your
payment and details of likely delivery.
f. This contract shall be governed by and
construed in accordance with the law in effect in the State of Western
Australia and by entering into contract both parties are accepting the
jurisdiction of the courts of the State of Western Australia in relation to any
dispute between them.
g. You shall inspect the goods immediately
upon their arrival and shall within seven (7) days give notice to WA Distributors
Pty Ltd if the goods are not in accordance with specified requirements. If you
fail to give such notice, the goods shall be deemed to be in all respects in
accordance with the specified requirements. No claim shall be recognised unless
made in writing and received by WA Distributors Pty Ltd within seven (7) days
after receipt of goods by you. The total amount of any claim shall not exceed
the actual invoice value of the goods claimed to be faulty.
h. Ownership and property in the goods
supplied/delivered shall pass from WA Distributors Pty Ltd to you when WA
Distributors Pty Ltd accepts your offer and assigns product in the WA
Distributors Pty Ltd warehouse. Risk passes to you upon delivery to your
warehouse or to an agreed delivery point.
i. WA Distributors Pty Ltd shall not be
responsible for non-delivery or delay in delivery of any goods caused by force
majeure and you and WA Distributors Pty Ltd shall be excused from
performance of their respective obligations when and to the extent such
performance is delayed or prevented by force majeure. If your need for
the goods is reduced or suspended as a result of force majeure, and
notification is within reasonable time of acceptance of the Order and prior to
transfer of ownership, you shall be entitled to terminate the agreement. For
the purpose of this commitment force majeure shall include but is not
limited to natural disasters, civil disasters, political event, change of legal
/ political environment, business disruption, accidents, earthquake, flood,
hurricane or typhoon, tornado, tsunami, volcanic eruption, wildfire/bushfire,
landslide or avalanche, fire, flood, storm, earthquake, terrorist acts, revolt,
war, financial markets disturbances, changes of regime or tax or regulatory
authority, energy failure, external telecommunications failure, and/or failure
of transport systems.
j. You assume all risks and liabilities for
consequences arising from the use of the goods whether singly or in combination
with other goods and indemnify WA Distributors Pty Ltd in respect of any such
use. WA Distributors Pty Ltd is not liable for any infringement of patent
rights arising out of the use of such goods by you or your instructions,
expressed or implied, and it is your responsibility of to ensure that the goods
when used by you are not damaged and no liability will be accepted by WA
Distributors Pty Ltd for the consequences of the use of damaged goods by you.
k. Nothing in these Conditions of Sale
is intended to exclude, restrict or modify any statutory obligation of WA
Distributors Pty Ltd implied by the Goods Act, 1958.