- DEFINITIONS
In these terms and conditions:
"Rhinoplay" means Rhino Play Pty Limited ABN 28 101 472 619.
"Products" means products supplied by Rhinoplay to you.
"Purchase Price" means the purchase price of the applicable Products together with freight and delivery and all applicable GST.
"Shipping Agent" means TNT Australia Pty Limited ABN 41 000 495 295 or such other shipping agent as may be arranged by you pursuant to clause 4.4.
"Terms of Use" manes the terms of use as defined on the Website.
"Website" means Rhinoplay’s website, www.rhinoplay.com.au
"You" means the customer placing an order for Products (including via the Website).
- TERMS OF SUPPLY
All Products sold or supplied by Rhinoplay to you are sold on these terms and conditions.
- NO INSTALLATION AND ASSEMBLY
3.1 The sale or supply by Rhinoplay of the Products does not include installation and assembly. You must arrange installation and assembly of the Products.
3.2 It is your sole responsibility to ensure:
(a)
that the Products you have purchased are suitable for installation together with any other products that you wish to use in combination with the Products and such proposed use complies with relevant Australian Standards;and
(b)
that the surface and surroundings at your premises are suitable for the Products to be placed upon, installed or affixed and in particular the installation will be in accordance with relevant Australian Standards.
- DELIVERY/SHIPPING
4.1 Any delivery times made known to you are estimates only. Rhinoplay shall not be liable for any loss, damages or delay occasioned to you or any other persons arising from late delivery.
4.2
The ecommerce facility on the Website allows for delivery of the Products by TNT Australia Pty Ltd. If you choose to have the Products delivered to you by TNT Australia Pty Ltd and. you have paid the full Purchase Price at the time placing your order, then we, as the sender, will place the delivery order and pay the applicable freight on your behalf as your agent.
4.3
You should refer to the terms and conditions of the TNT Australia Pty Ltd (accessible via the following link: http://www.tnt.com/country/en_au/cq_terms.html and thereafter by following the prompts). These terms and conditions governs the carriage contract between you (as principal) and TNT Australia Pty Ltd. which you select for delivery by the Shipping Agent through the Website.
4.4
If you do not wish for the Products to be transported by TNT Australia Pty Ltd and wish to arrange for another carrier to collect and transport the Products to you, please contact us by telephone or email to make those arrangements and place your order, as the e-commerce facility does not have the functionality to accommodate customer choice of carrier. If an alternate shipping agent is used then you will be bound by the terms and conditions of that shipping agent. It is your responsibility to inquire about the terms and conditions of that shipping agent.
4.5
Once the Products have been collected from us the Shipping Agent is responsible for transport and delivery to you.
4.6
You must check the Products for damage caused by the Shipping Agent prior to accepting delivery of the Products from the Shipping Agent. Once you have accepted delivery of the Products from the Shipping Agent you will not be able to claim from Rhinoplay for replacement or repair of the Products, in respect of damage caused by handling, transport and storage.
4.7
Risk in the Products passes to you upon collection of the Products from us by the Shipping Agent. Freight charges quoted on the Website for delivery by TNT Australia Pty Ltd include insurance coverage for damage, theft or destruction of the Products. If you have made arrangements for the Products to be shipped by an alternative carrier it is your responsibility to ensure that you have effected and paid for insurance in respect of the damage, theft or destruction of the Products.
4.8 We warrant that the Products have been packaged to withstanding normal handling, transport and storage by a carrier.
- PAYMENT
5.1 The Purchase Price for the Products is payable in full at the time of placing the order unless otherwise specifically agreed by Rhinoplay in writing in advance of you placing an order. If you are purchasing Products using the e-commerce facility through the Website you will not be able to successfully submit an order unless payment is made in full by credit card that is acceptable by the e-commerce facility provider.
5.2 If at any time moneys are overdue and owing upon any invoice from Rhinoplay to you, the whole of the amount of all invoices then outstanding shall become immediately due and owing.
5.3 If Rhinoplay agrees in writing under clause 5.1 to allow payment after dispatch of the Products, Rhinoplay reserves the right to charge you interest at the rate of 10% per annum on any moneys due as agreed between you and Rhinoplay but unpaid, calculated daily from the due date for payment until payment is received by Rhinoplay. Rhinoplay is under no obligation whatsoever to agree to deferred payment terms.
- RETENTION OF TITLE
Full legal and equitable title in the Products shall be retained by Rhinoplay until such time as the whole of the Purchase Price has been received in cleared funds by Rhinoplay. Until such time as the Purchase Price has been paid in full Rhinoplay may enter your premises (or the premises of any associated person where the Products are located) without liability for trespass or any resulting damage and retake possession of the Products. If the Products are resold by you, you shall hold such part of the proceeds of any such sale as represents the invoice price of the Products in a separate identifiable account as the beneficial property of Rhinoplay and shall pay such amount to Rhinoplay upon request. Notwithstanding the provisions above, Rhinoplay shall be entitled to maintain an action against you for the Purchase Price. Risk in the Products shall pass to you upon delivery.
- RETURNS/REFUNDS
7.1 You must notify Rhinoplay promptly after delivery of any Products which you regard as defective. It is your obligation under clause 3 to check that the Products have not been damaged in transit prior to accepting delivery (by signing the delivery docket you accept delivery by the Shipping Agent). Rhinoplay will provide you with a return authorisation number for any Products which it accepts as being defective (this excludes damage caused by the handling transport and storage by the Shipping Agent). Any Products shown to be defective at the time of sale and not due to wear and tear, negligence or default on your part will be replaced without charge. Products will not be accepted for return if they do not have a return authorisation number or if they have been damaged in transit due to inadequate packaging. Rhinoplay shall not be liable for any freight charges which have not been agreed in advance by Rhinoplay.
7.2 Rhinoplay will not refund any Products purchased from Rhinoplay for change of mind. Rhinoplay also notes that some Products will require "fall zones" in accordance with Australian Standards and it is your responsibility to determine and ensure the "fall zone" requirements in respect of each equipment are met for your particular purposes.
- WARRANTIES AND LIMITATION OF LIABILITY
8.1 Except as set out in any Rhinoplay limited (express) warranty information provided by Rhinoplay relating to the Products, Rhinoplay makes no express warranties or representations in relation to the supply of Products or any services. Rhinoplay will honour the limited (express) warranty in accordance with its terms.
8.2 If the Products you have ordered comprise second hand goods you will arrange for inspection of the applicable Products before delivery and warrant that you have examined the same.
8.3 To the full extent permitted by law all warranties and conditions implied under statute or general law are expressly excluded. Rhinoplay shall not be liable for loss of profits any consequential, indirect or economic loss or damage arising out of or in connection with the supply or operation of the Products.
8.4 Rhinoplay’s liability for a breach of a condition or warranty which by law is incapable of exclusion is limited (but only to the extent permitted by law) at Rhinoplay’s option to:
(a)
replacement of the Products or the supply of equivalent products; or
(b)
the repair of the Products;
(c)
the cost of replacing the Products or acquiring equivalent products; and
(d)
In the case of services - to the supplying of the services again or the payment of the costs of having the services supplied again.
- WAIVER
Failure or neglect by Rhinoplay to enforce any of these terms and conditions shall not be construed as a waiver of Rhinoplay’s rights nor affect Rhinoplay’s rights to take any subsequent action.
- SEVERABILITY
If any provision in these terms and conditions is held to be invalid, unlawful or unenforceable, such provision shall be severed from these terms and conditions without affecting the validity and enforceability of the remaining terms and conditions.
- ENTIRE AGREEMENT
This document supersedes and replaces any arrangements, representations, understandings or agreements made or existing between you and Rhinoplay and together with the Terms of Use constitutes the entire agreement relating to the supply of the Products.
- GOVERNING LAW
These terms and conditions and the supply of all Products shall be governed by the laws of New South Wales.
- GST
13.1 If any goods and services tax (GST) is payable upon any supply made by Rhinoplay to you under or in connection with these terms and conditions, then you must pay to Rhinoplay the amount of such GST (to the extent that it is not already specifically included) in addition to the consideration otherwise payable for the supply.
13.2 Rhinoplay must provide you with a tax invoice in such form as will permit you to claim an input tax credit for the amount should you be so entitled.
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