TERMS & CONDITIONS
1. Terms & Conditions of Sale
1.1 The terms have the following meanings in this document unless the context requires otherwise:
AUSblue Pty Ltd A.C.N. 143 590 309.
Confirmation Notice means a notice from AUSblue confirming to a Purchaser that the Purchaser has placed an order for a Product that has been accepted by AUSblue.
Products mean the products listed by AUSblue for sale.
Purchaser means any person who has placed a bid or order for a Product that is accepted by AUSblue.
1.2 By placing an order for any Products you hereby accept these terms and conditions.
1.3 The acceptance of an order by AUSblue creates a legally binding contract between AUSblue and the Purchaser.
1.4 The Purchaser must pay for those Products for which the Purchaser has made within credit terms. All payments must be made payable direct to AUSblue and must be paid using methods approved by AUSblue .
2. Contact and Communication
2.2 For Warranty claims, please contact AUSblue directly.
3. Ownership and Delivery
3.1 All ownership of, property in and legal title to all tangible property in Products is AUSblue until AUSblue receives full payment for the Products from or on behalf of the Purchaser (Purchased Products).
3.2 AUSblue will arrange for Purchased Products to be delivered to the address provided by the Purchaser within timeframe organised at time of Order.
3.3 AUSblue will use such carriers and such modes of transport to deliver the Purchased Products as AUSblue considers appropriate unless requested otherwise by Customer.
3.4 Freight charges to Regional & Remote Locations will be freight on.
3.5 Purchasers must notify AUSblue promptly of any Products delivered that appear to have sustained Serious Damage during transit or storage.
3.6 All Purchased Products are deemed to be received in good working condition once the Purchaser accepts delivery.
3.7 AUSblue is not responsible or liable for any delays (including any delays caused by AUSblue 's suppliers) or failure to effect the delivery of the Purchased Products due to any cause which is unavoidable or beyond AUSblue’s reasonable control and which prevents, impairs or adversely affects in any way AUSblue 's performance of these terms and conditions, including but not limited to war, fire, flood, natural disaster, strike, labour dispute, act of God, governmental action, civil disturbance, accident or inability to obtain or use materials, labour, equipment, facilities, or transportation. In such case, AUSblue shall be afforded a reasonable time in which to arrange for delivery of the Purchased Products, without penalty or liability for breach.
4. Express Limited Warranties
4.1 Unless otherwise specified, all Products are covered by the warranty of the original manufacturer the terms of which vary from Product to Product.
4.2 Subject to clause 7, AUSblue further provides, where specified, the following warranties for Products:
(a) "Spare Parts Warranty": For the specified warranty period, AUSblue will replace any parts of Products returned by the Purchaser which are found to be faulty on inspection; and
(b) "Repair or Replacement Warranty": For the specified warranty period, in respect of Products returned by the Purchaser which are found to be faulty on inspection, AUSblue will undertake any action AUSblue deems appropriate to rectify the fault including, but not limited to, replacing the Products or redirecting the Purchaser to a repairer or warranty agent approved by AUSblue .
4.3 The warranties provided by AUSblue under clause 4.2 are void where:
(a) the Purchaser misuses the Products;
(b) the damage to a Product occurs during transit or storage;
(c) the Purchaser or other unauthorised person/agent attempts to modify or repair the Product; or
(d) the damage to a Product is of a kind that can be described as "normal wear and tear".
4.4 Purchasers are responsible for retaining invoices as proof of purchase required for claiming under warranties. Invoices must be original copies and show date of purchase. All warranty claims must be made as soon as possible after damage is discovered by notifying AUSblue of the following details:
(a invoice number;
(d) contact details for regular business hours;
(e) applicable warranty (whether "Spare Parts Warranty" or "Repair or Replacement Warranty" or manufacturer warranty); and
(f) a brief description of the damage claimed to be covered by the warranty.
4.5 All warranties on Products are available to Australian residents only and are not transferable.
4.6 No warranty applies to consumable items or second hand items.
4.7 No staff member of AUSblue has authority to change the terms or extend the warranty period stated in a Product listing.
4.8 All freight charges and other costs associated with returning Products under warranty to AUSblue shall be the responsibility of the Purchaser. Purchasers may return Products to AUSblue.
5. Returns and Refunds
5.1 Subject to clause 7, AUSblue will only accept returns of Products where, upon inspection:
(a) the Product is shown to have a major manufacturing defect not covered under the warranties specified in clause 4;
(b) the Product delivered has sustained Serious Damage during transit or storage; or
(c) the Product delivered is substantially different from the Product advertised.
5.2 Where a Product returned by the Purchaser is found to be in good working condition, AUSblue will return the Product to the address provided by the Purchaser.
5.3 Returned Products accepted by AUSblue will only be exchanged for another similar Product of equal or greater value.
5.4 AUSblue will only refund the purchase price (including any reasonable freight charges and other costs incurred by the Purchaser in returning the Product to AUSblue) of returned Products accepted by AUSblue where those Products cannot be repaired or replaced with another similar Product of equal or greater value.
6. Trade Practices Legislation
6.1 The rights given to a Purchaser under clauses 4 and 5 of this agreement are in addition to any rights granted under the Trade Practices Act 1974 (Cth) and equivalent applicable legislation of the States and Territories of Australia, which cannot be excluded, limited or restricted or modified. Nothing in these terms excludes, limits, restricts, or modifies those rights, except to the extent that such exclusion, limitation, restriction or modification is lawful. Where such exclusion, limitation, restriction or modification is unlawful, to the extent permitted by such legislation, the liability of AUSblue is limited, at its option, to any one or more of the following:
(a) the replacement of Products or the supply of equivalent Products;
(b) the repair of Products;
(c) the payment of the cost of replacing the Products or of acquiring equivalent Products; or
(d) the payment of having the Products repaired.
7.1 While all care is taken, any errors or omissions in the Product details are unintentional.
7.2 All pictures contained within this listing are for illustration purposes only.
7.3 All logos, pictures and trademarks used by AUSblue are the property of their respective owners.
7.4 AUSblue , its servants or agents shall not under any circumstances be liable for any injury, loss or damage of any kind arising out of or related to the use, or the inability to use the Products advertised in AUSblue's Product listings, whether Products are defective, malfunctioning or incorrectly used. This limitation of liability includes but is not limited to incidental, special or consequential damages, damages for loss of business or other profits.
7.5 AUSblue reserves the right to change or add any material relating to AUSblue's Products without prior notice.
7.6 No staff member/agent of AUSblue has the authority to change any of these terms and conditions.
7.7 Product specifications and exact packaging or package contents may vary from time to time. AUSblue Pty Ltd reserves the right to change model descriptions and specifications without prior notice.
8. Price Variations
This price will be held as quoted providing urea pricing does not exceed its current pricing by more than $50.00 per tonne. A 2.75% increase per litre will be charged on Increments of $50.00 per tonne. Pricing will be reviewed at least annually taking into account CPI & market conditions. The price is based on current DDP pricing for Raw Ingredients.
9. Personal Property Securities Act 2009 (Cth)
In this section, if a term used in this section has a particular meaning in the PPSA , it has the same meaning in this section.
9.1 This section applies to the extent that the Seller’s interest in any Goods is a security interest including but without limiting, an interest under 3 of these Standard Terms.
9.2 The Customer acknowledges and agrees that the Seller may apply to register a security interest in the Goods at any time before or after delivery of the Goods. The Customer waives its rights under s. 157 of the PPSA to receive notice of any verification of the registration.
9.3 The Seller can apply amounts it receives from the Customer towards amounts owing to in such order as the Seller chooses.
9.4 If the Customer defaults in the performance of any obligation owed to the Seller under these Standard Terms or any other agreement for the Seller to supply goods to the Customer, the Seller may enforce its security interest in any goods by exercising all or any of its rights under these Standard Terms or the PPSA. To the maximum extent permitted by law, the Seller and the Customer agree that the following provisions of the PPSA do not apply to the enforcement by the Seller of its security interest in the Goods: sections 95, 118, 121(41), 125, 130, 132(3)(d), 132(4), 135, 142 and 143.
9.5 The Seller and the Customer agree not to disclose information of the kind mentioned in section 275(1) of the PPSA, except in circumstances required by section 275(7)(b)-(e) of the PPSA.
9.6 The Customer must promptly do anything required by the seller to ensure that the Seller’s security interest is a perfected security interest and has priority over all security interests in the Goods.
9.7 Nothing in the section is limited by any other provision of these Standard Terms or any other agreement between the parties.
10.1 This Agreement shall be governed by and construed according to the laws of the State of Queensland. The parties agree to submit to the non-exclusive jurisdiction of the Queensland courts and any courts from which appeals may be heard.
10.2 Any provision of this Agreement held invalid, unenforceable or illegal for any reason is deemed deleted from this Agreement which shall remain in full force apart from those deleted provisions.
10.3 AdBlue will be supplied in accordance with the Standard ISO22241.1. It is the responsibility of the Customer to ensure that AdBlue is stored out of the direct sunlight and to protect AdBlue from any contamination carried by the air or by using dirty equipment, use well closed containers or vented containers with filters.