These Terms & Conditions apply to the purchase of product/s supplied by Direct Compost Solutions whether or not described or contained in an attached quotation or order:
- TERMS & CONDITIONS
- This Agreement constitutes the entire agreement between the Supplier & the Buyer relating to this sale. The parties to this Agreement have not entered into & are not bound by any collateral or other agreements unless referred to in this Agreement.
- Where the buyer is the final recipient of the product or product payment for the said product is made in full prior to goods being supplied to the buyer either by post or collection or delivery of said products.
- Where the Buyer is a Reseller, this agreement constitutes part of the agreement & should be read in conjunction with any existing Supply Agreement & Application for a Commercial Credit Account.
- The parties to this Agreement are not bound by any warranty, representation, collateral agreement, or implied term under the general law or imposed by statute unless such warranty, representation, agreement or term is expressly contained in this Agreement, or it is an implied term or warranty imposed by statute which is mandatory and cannot be excluded or modified by this Agreement.
- Any dates provided to the Buyer for the delivery are estimates only. If the Supplier is unable to deliver by the given date, then the Supplier is not liable for any loss or damage arising out of this delay
- Title in the product shall pass to the Buyer upon payment for the product in full.
- The Buyer must pay any GST Liability on the sale of the product were included in the purchase price or separate as stated in the terms of sale.
- Any variation or cancellation of an order is permitted only with the express written consent of the Supplier upon discussion with the buyer.
- RETURNS, REPLACEMENTS, REFUNDS & REPAIRS
- This clause operates without prejudice to any other clause in this agreement, & in addition to clause 2.3.
- The Buyer may make a complaint by notifying the Supplier in writing no later than 15 days after delivery of the product, & providing proof of purchase attaching an invoice or receipt.
- The Supplier must examine the notified defect/s within 30 days from the date of receipt of a complaint. If the Supplier confirms that the product is defective & is within the timeframes defined in Clause 2.2, then the Supplier may at its discretion, replace any defective product or parts thereof accordingly or approve a refund.
- See detailed Returns and Refunds Policy
- GENERAL EXEMPTIONS
- The Buyer releases the Supplier from any loss, cost, claim or liability that arises from the use of the product.
- The release of liability includes any consequential loss or damage & loss of profit, which is the result of the delay, defective or faulty materials or workmanship, negligence or any act or omission by the Supplier.
- The Supplier provides a limited time period in this agreement within which a claim for refund, repair or replacement for a defective product or parts thereof can occur. No claim for damage can be made outside that time period except by special agreement of the Supplier.
- The Supplier is not liable for:
- Any damage or loss suffered by using the product in a way not anticipated by the Supplier or resellers.
- Any damage to or deterioration in the condition of the product occurring after delivery.
- RIGHT OF ENTRY
The Wholesale Buyer agrees that the Supplier has the right to enter any premises on which the Supplier’s products are so held for the purpose of retaking possession of & removing the products for any other purpose or purposes incidental to the enforcement of the Supplier’s rights. Further, the Buyer agrees that in the event that the Supplier exercises such right of entry the Buyer shall indemnify & keep the Supplier indemnified in respect of any costs, charges or expenses incurred in the excise of such rights.
The Supplier respects the Buyer’s privacy & will not pass any personal information to other merchants or marketing databases. In the event of fraudulent transactions, however, the Supplier may pass all relevant personal information to the Police, relevant financial institutions as well the Australian Taxation Office and other appropriate government agencies & departments.
“GST Liability” means the liability of the relevant party making a Taxable Supply (the “Supplier”) to another party (the “Recipient”) under or pursuant to this document to pay GST under the Goods and Services Tax Act 1999 & any associated Commonwealth legislation, regulations & publicly- available rulings in respect of that Taxable Supply.
“Supplier” means Direct Compost Solutions
“Reseller” means an independent business, not owned by the Supplier, who sells the Supplier’s products or incorporates such products in the manufacture of other products to sell to the Buyer
This agreement is governed by the laws of the state of Queensland.