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Terms & Conditions
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I have read the below terms and conditions, and agree that these form part of any contract between you and us.
Terms and Conditions These terms and conditions form part of any contract between you and us. 1 Definitions and interpretation 1.1 Definitions Buyer means the purchaser of the Goods, whose details are set out in the Buyer’s order. Goods means the products and, if any, services specified in the Buyer’s order. Seller means the seller of the Goods whose details are set out in the Buyer’s order. 1.2 Interpretation Nothing in these conditions excludes, restricts or modifies or has the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Competition and Consumer Act 2010 (Cth)) and which by law cannot be excluded, restricted or modified. 2 General These conditions (which will only be waived in writing signed by the Seller and Buyer) will prevail over all conditions of the Buyer's order, to the extent of any inconsistency. 3 Terms of sale The Goods and all other products sold by the Seller are sold on these terms and conditions. 4 Seller's quotations Unless previously withdrawn, the Seller's quotations are open for acceptance within the period stated in them or, when no period is so stated, within 30 days only after its date. The Seller reserves the right to refuse any order based on this quotation within 30 days after the receipt of the order. 5 Shortage The Buyer waives any claim for shortage of any Goods delivered if a claim in respect for short delivery has not been lodged with the Seller within 7 days from the date of receipt of Goods by the Buyer. 6 Drawings, etc (a) Where specifications, drawings or other particulars are supplied by the Buyer for the purposes of the Goods order, the Seller's price will be calculated on the basis of estimates of quantities required to provide the Goods as specified, drawn or otherwise particularised by the Buyer. If there are any adjustments in quantities above or below the quantities estimated by Seller as set out in a quotation, then any such increase or decrease will be adjusted on a unit rate basis according to unit prices set out in this document or in the quotation. 7 Delivery (a) The delivery times made known to the Buyer are estimates only and the Seller is not liable for late delivery or non-delivery. (b) The Seller will not be liable for any loss, damage or delay occasioned to the Buyer or its customers arising from late or non-delivery or late installation of the Goods. (c) The Seller may at its option deliver the Goods to the Buyer in any number of instalments unless there is an endorsement overleaf to the effect that the Buyer will not take delivery by instalments. (d) If the Seller delivers any of the Goods by instalments, and any one of those instalments is defective for any reason: (i) this does not constitute a repudiation of the contract of sale formed by these conditions; and (ii) the defective instalment is a severable breach that gives rise only to a claim for compensation. 8 Loss or damage in transit (a) The Seller is not responsible to the Buyer or any person claiming through the Buyer for any loss or damage to Goods in transit caused by any event of any kind or by any person (whether or not the Seller is legally responsible for the actions of that person). (b) The Seller must provide the Buyer with assistance reasonably necessary to institute claims against a carrier for damages to Goods in transit so long as the Buyer: (i) has notified the Seller and the carrier in writing immediately after loss or damage is discovered by the Buyer on receipt of Goods; and (ii) serves a claim for compensation on the carrier within 3 days of the date of receipt of the Goods. 9 Guarantee (a) The Seller's liability for Goods manufactured by it is limited to making good any defects. This must be done by repairing the defects or, at the Seller's option, by replacement, within a period not exceeding 12 calendar months after the Goods have been dispatched. This applies so long as: (i) the defects have arisen solely from faulty materials or workmanship; (ii) the Goods have not received maltreatment, inattention or interference; (iii) accessories of any kind used by the Buyer are manufactured by or approved by Seller; (iv) the defective parts are promptly returned free of cost to the Seller. (b) If the Goods are not manufactured by the Seller, the guarantee of the manufacturer of those Goods is accepted by the Buyer and is the only guarantee given to the Buyer for the Goods. The Seller agrees to assign to the Buyer on request made by the Buyer the benefit of any warranty or entitlement to the Goods that the manufacturer has granted to the Seller under any contract or by implication or operation of law to the extent that the benefit of any warranty or entitlement is assignable. (c) The Seller is not liable for, and the Buyer releases the Seller from, any claims in respect of faulty or defective design of any Goods supplied. This is unless the design has been wholly prepared by the Seller and the responsibility for any claim has been specifically accepted by the Seller in writing. (d) The Seller's liability under clause 9(c) is limited strictly to the replacement of defective parts in accordance with clause 9(a) of these conditions. (e) Except as provided in these conditions, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the Goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded. The Seller is not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of the Goods or arising out of the Seller's negligence or in any way. 10 Consumer guarantees The Seller's liability for a breach of a condition or warranty implied by Part 3-2 Division 1 of the Australian Consumer Law is limited to: (a) in the case of Goods, any one or more of: (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; and (iv) the payment of the cost of having the Goods repaired; or (b) in the case of services: (i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again. 11 Indemnification of suppliers by manufacturers The Seller's liability under section 274 of the Australian Consumer Law is expressly limited to a liability to pay to the purchaser an amount equal to: (a) the cost of replacing the Goods; (b) the cost of obtaining equivalent goods; or (c) the cost of having the Goods repaired, whichever is the lowest amount. 12 Prices (a) Unless otherwise stated all prices quoted by vendor are exclusive of Goods and Services Tax (GST). (b) Prices quoted are calculated at the date of issue of a relevant quotation and include rates provided by third parties providers. These third party rates include the cost of freight, insurance, customs duties, exchange, shipping expenses, sorting and stacking charges, cartage, rate of water, cost of materials and other charges affecting the cost of production (Third Party Rates). Third Party Rates may vary slightly from the date of the quotation to the time of delivery of the Goods. The Buyer will be liable for any increase in the Third Party Rates. (c) If the Seller makes any alterations to the price of the Goods or to any of their inputs either before acceptance of or during the currency of the contract, these alterations are for the Buyer's account. 13 Payment (a) The purchase price for the Goods plus GST where applicable is payable on or before the last day of the month following the issue of a statement from the Seller (Payment Due Date) unless other terms of payment are agreed in writing between the parties. (b) The Buyer must pay interest on any outstanding amount not paid by Payment Due Date. Interest will be calculated on the basis of the rate for the time being fixed by Section 2 of the Penalty Interest Rates Act 1983 plus 2%. Interest will accrue daily from the Payment Due Date until the outstanding amount is paid in full. 14 Rights in relation to Goods (a) The Seller reserves the following rights in relation to the Goods until all accounts owed by the Buyer to the Seller are fully paid: (i) ownership of the Goods; (ii) to enter the Buyer's premises (or the premises of any associated company or agent where the Goods are located) without liability for trespass or any resulting damage and retake possession of the Goods; and (iii) subject to, and in accordance with, the Personal Property Securities Act 2009, to keep or resell any Goods repossessed pursuant to clause 14(a)(ii). (b) If the Goods are resold, or products manufactured using the Goods are sold, by the Buyer, the Buyer will hold such part of the proceeds of any such sale as represents the invoice price of the Goods sold or used in the manufacture of the Goods sold in a separate identifiable account. This will be held the beneficial property of the Seller and the Buyer will pay such amount to the Seller upon request. Despite the provisions above, the Seller will be entitled to maintain an action against the Buyer for the purchase price and the risk of the Goods shall pass to the Buyer upon delivery. 15 Buyer's property Any property of the Buyer under the Seller's possession, custody or control is completely at the Buyer's risk as regards loss or damage caused to the property or by it. 16 Returned Goods (a) Except for any provisions to the contrary contained in this Agreement, the Seller is not under any duty to accept Goods returned by the Buyer. The Seller will do so only on terms to be agreed in writing in each individual case. (b) If the Seller agrees to accept returned Goods from the Buyer under clause 16(a) the Buyer must return the Goods to the Seller at the Seller's place of business referred to at the head of these conditions. 17 Goods sold All Goods to be supplied by the Seller to the Buyer are as described on the purchase order agreed by the Seller and the Buyer and the description on such purchase order as so agreed prevails over all other descriptions of the Goods including any specification or enquiry of the Buyer. 18 Cancellation No order may be cancelled by the Buyer except with the written consent of the Seller. If there is a cancellation of the order by the Buyer, the Seller has the right to claim indemnity against all losses suffered by the Seller as a result of such cancellation. 19 Termination (a) This Agreement will automatically terminate if a party enters into any composition or arrangement with its creditors or has a receiver appointed over any of its assets or is the subject of any resolution or petition for winding up or judicial management (other than for the purpose of amalgamation or reconstruction). (b) Either party may terminate this Agreement if the other party is in material breach of any of its obligations under this Agreement and if the breach is capable of remedy fails to remedy the breach for a period of 14 days after receipt of a written notice by the other party requiring rectification of the breach. (c) Exercise of the right of termination afforded to either party under this clause will not prejudice the legal rights or remedies which either party may have against the other in respect of a breach of any term, condition or warranty of this Agreement. (d) The obligations of the parties that by their nature could reasonably construed as being intended to continue to apply beyond the termination of this Agreement will continue to apply. 20 Place of contract This Agreement shall be governed by and construed in accordance with the law of Victoria. The parties submit to the non-exclusive jurisdiction of the courts and tribunals of that State. Nothing in this clause is intended to undermine the jurisdiction of the Federal Court of Australia or Federal Magistrates Court of Australia.
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