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Delivery times will vary depending on stock availability. Delivery times will generally take 2-3 weeks if stock is available in Australia. Preorder/backorder delivery times are estimated at 8-12 weeks. These estimates are subject to change.
1.1 Whilst every effort is made to deliver Goods on the dates or within the periods mentioned in the Contract such dates or periods shall be deemed to be an estimate only and shall not form part of the terms and conditions of the Contract unless specifically agreed in writing to be “of the essence of the Contract” and in the absence of such special agreement, the Seller accepts no liability whatsoever for any loss or damage of whatsoever nature and howsoever arising which may be suffered by the Buyer as a result of any failure on the part of the Seller to deliver Goods on or within the dates or periods mentioned in the Contract.
1.2 The Goods may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to the Buyer.
1.3 Where goods are to be delivered in installments, each delivery shall constitute a separate Contract and failure by the Seller to deliver any one or more of the installments in accordance with these Conditions, or any claim by the Buyer in respect of any one or more of the installments, shall not entitle the Buyer to treat the Contract as a whole as repudiated.
1.4 If the Seller fails to deliver the Goods (or any installment) for any reason other than any cause beyond the Seller’s reasonable control or the Buyer’s fault, and the Seller is accordingly liable to the Buyer, the Seller’s liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
1.5 If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault) then, without prejudice to any other right or remedy available to the Seller, the Seller may:-
1.5.1. store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage after a period of 2 weeks from the date the Buyer is notified that the Goods are ready for delivery or
1.5.2. after a period of 2 weeks sell the Goods at the best price readily available and, after deducting all reasonable storage and selling expenses, account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.
1.6 Delivery will be effected by the Seller and will be deemed to have taken place when the Goods leave the Seller’s premises whether carried by the Seller or an independent carrier.
1.7 Delivery will only take place to the Buyer’s address unless otherwise agreed in writing by the Seller.
1.8 A charge will be made for delivery to specific locations in accordance with the Seller’s current price list or in accordance with any prior notification made by the Seller.
1.9 The Buyer or its duly authorised representative must sign for delivery and once such proof of delivery is so signed and subject to Clause 7.10 the Goods will be deemed to have been accepted by or on behalf of the Buyer. It shall be for the Buyer to check, before signing for delivery, that the correct quantity of Goods has been delivered and that the packaging has not been damaged. Qualifications in signature relating to the lack of examination (“unexamined” etc) cannot be accepted by the Seller in the event of subsequent claims being made.
1.10 Notwithstanding the Buyer’s obligations on delivery the Buyer shall not be required to open packaging or unpack Goods which are intended to be stored before use. Nevertheless, the Buyer must, where it has not immediately inspected the Goods and the packaging is not damaged, notify the Seller of any damage to the Goods within 3 days of inspection or 1 week from delivery whichever shall be the earlier. The Seller shall have no obligation to replace or repair damaged Goods in the event of failure by the Buyer to comply with this provision.
1.11 If, notwithstanding the signature of the Buyer on delivery, the Buyer notifies the Seller within 3 days of delivery that not all of the Goods have been delivered then the Seller will, upon being reasonably satisfied, arrange delivery of those Goods which have not been so delivered but shall be under no obligation to do so in the event that the Buyer does not notify within this time.
1.12 The Seller will accept no responsibility in respect of Goods claimed to have been lost in transit where delivery is otherwise than by the Seller unless a written complaint is received by both the carrier and the Seller within 2 days of the date of dispatch indicated on advice notes and invoices.
1.13 The Seller will accept no responsibility in respect of Goods damaged in transit where carriage is otherwise than by the Seller.
1.14 In the case of Goods being sent by post the Seller will accept no responsibility in respect of Goods claimed to have been lost, partially lost or damaged unless a written complaint is received by both the Post Office and the Seller within 2 days of the date of dispatch as indicated on advice notes and invoices.
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