Terms & Conditions of Sale
1. Scope: All goods and services (“Products”) supplied by Mr Inflatables (“MI”) are supplied on these terms and conditions.
2. Order Acceptance: No order shall be binding on MI until accepted by MI. An individual contract for the supply of Products, on these terms and conditions, is formed on acceptance by MI of an order from the Customer. MI reserves the right to accept any order in whole or in part. Where MI makes a part delivery of any order, such delivery shall constitute a separate contract. No order may be cancelled or varied after acceptance by MI.
3. Payment Terms: All credit orders are accepted by MI subject to satisfactory credit approval of the Customer, and are governed by MI’ credit terms and conditions in force at the time of order placement, including the right to charge interest. Credit approval once granted may be withdrawn at any time. Where credit approval has not been granted, or is withdrawn, payment for all Products or Services supplied is required on delivery. Where credit has been granted, payment for the Products or Services is to be made on or before 14 days from the end of the month. Payment must be made in full without set off or deduction. MI will investigate any disputed amounts, and if resolved in favour of the Customer, a credit will be issued to the Customer.
4. Title to Products: Ownership in the Products does not pass to the Customer until the Customer has discharged all outstanding indebtedness, whether in respect of the Products or otherwise, to MI. Risk in the Products will pass on delivery to the Customer. Delivery may not be refused by the Customer. The Customer grants to MI, its agents and servants, leave and licence to enter at any time on and into any premises occupied by the Customer to inspect, search for or remove any of the Products. If the Products are sold by the Customer, the Customer acknowledges that such sale is made by the Customer as bailee for and on behalf of MI, to hold the proceeds of sale on trust for MI, in an account in the name of MI, until payment in full for the Products is made to MI.
a) MI reserves the right to charge for delivery of the Products at any time, notwithstanding that it may not have previously done so. Administrative fees may also be imposed for orders under certain dollar values. Where prices are stated as inclusive of delivery, delivery is to the delivery point specifically accepted by MI.
b) A handling fee may be incurred on all orders.
6. Returns: Any Products which are damaged or defective, or which are not otherwise in accordance with the Customer’s order, or which the law provides may otherwise be returned to Mr Inflatables may be returned to MI within a reasonable time after the Customer has had a reasonable opportunity of inspecting the Products, at no cost to the Customer. Products that are found to have been used will be charged back to the Customer at MI daily hiring rate (this does not imply or waiver any money that may be owing to MI).
The Customer may otherwise return Products to MI and obtain a credit:
a) except for specially purchased products, products specifically tailored for the Customer’s requirements, which may not be returned;
b) provided that it does so within 14 days of delivery and a return authorisation is obtained from MI;
c) provided that the Products are in their original packaging, unopened, of a current make and model, and otherwise as new and in a saleable condition;
d) at the Customer’s own expense, or to the Customer’s account; and
e) on the basis that risk in the Products remains with the Customer until the Products are received by MI, and that a restocking or return fee may be charged.
Notwithstanding the provisions of this clause 6, MrInflatables will not accept a returned Product where the Customer has caused the Product to become unmerchantable or failed to take steps to prevent the Product from becoming unmerchantable or the Product has become damaged by abnormal use whilst in the possession of the Customer.
7. Customer Specific Stock: Where MI has agreed to procure and/or warehouse and/or distribute Products specifically for the Customer, the Customer must, within 30 days of request, purchase all stock then warehoused and held at the then prevailing supply price. Where the Customer does not do so, MI may dispose of the affected Products without liability for any loss or damage suffered by the Customer as a result. The Customer indemnifies MI against all claims, demands, loss, costs and expenses incurred by or made against MI, arising out of any actual or alleged infringement of patents, copyright, trademarks, design rights or other intellectual property rights, by any logo, design, copyright or other material that MI may use, print or reproduce at the Customers request.
8. Liability: Except for those required or implied by legislation, MI gives no express warranty in relation to products and services supplied to the Customer, and the Customer acknowledges that it has not relied on any representation or warranty made by or on behalf of MI. Certain legislation may imply conditions and warranties into these terms and conditions. To the extent that such conditions and warranties may lawfully be excluded, all such conditions and warranties are expressly excluded. The liability of MI under or arising out of the supply of goods and services for breach of any term, condition or warranty implied in or imposed upon the supply of goods and/or services by legislation, shall be limited, at the option or MI to:
a) If the breach or liability relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired;
(b) if the breach or liability relates to services;
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
Except to the extent the law provides that liability is not able to be excluded, MI shall not be under any liability to the Customer in respect of any loss or damage (including consequential or indirect loss or damage or loss of profits, loss of use or loss of data) however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the Products, any services supplied by MI, or the failure of MI to comply with these terms and conditions.
9. Conflicts: These terms and conditions will apply to the exclusion of all other terms and conditions contained in the Customer’s order. In the event of any inconsistency, MI will be deemed, by delivering the Products to the Customer or supplying services to the Customer, to have made an offer to the Customer to sell the Products or supply the services pursuant to these terms and conditions, which offer will be deemed to have been accepted if the Customer retains the Products or accepts the services. MI reserves the right to change these Terms and Conditions at any time.
10. GST: MI reserves the right to recover from the Customer all goods and services tax (“GST”) payable in respect of the supply of goods and services to the Customer.
11. Jurisdiction: These terms and conditions are governed by and will be construed in accordance with the laws of Victoria and the parties agree to submit to the jurisdiction of the courts of that state.
12. No Waiver: The failure by MI to exercise, or any delay in exercising, any right, power or privilege available to it under these terms and conditions will not operate as a waiver thereof or preclude any other or further exercise thereof or the exercise of any other right or power.