RAW MATERIALS PTY LTD - CONDITIONS OF SALE
In these conditions:-
1.1. "Raw Materials" means Raw Materials Pty Ltd ABN 83 662 641 088;
1.2. "You" means the person who places an Order, or on whose behalf an Order is placed, for Goods with
1.3. "Goods" means the goods described on the front or in the Order;
1.4. "Order" means an order for Goods submitted by You to Raw Materials;
1.5. "Invoice" means Raw Materials invoice to You;
1.6. "Charges" means the price agreed in writing between the parties or, in the absence of such agreement, the amount calculated under Raw Materials current price list, plus any freight charges and any tax including a goods and services tax ("GST") levied on a transaction of supply under these conditions.
2. RAW MATERIALS RIGHT TO REJECT AN ORDER
Raw Materials reserves the right to accept or reject your Order in whole or in part.
3.1. You must pay the Charges by direct deposit, cheque, or cash within the terms of your agreement with Raw Materials COD / (7) days from the date of Invoice/ (30) days from the date of Invoice.
3.2. Raw Materials may charge interest on any overdue payment at 3.5% calculated daily from the due date stipulated until payment.
3.3. You may not withhold payment of any amount of an Invoice.
3.4. Raw Materials prices represent the exclusive value of the supply for GST purposes unless specifically stated to include GST.
Delivery takes place on the date and time the Goods are left by Raw Materials at the address nominated by You as the delivery address.
5. PROPERTY AND RISK
5.1. You accept the risk of loss, damage or deterioration of the Goods from the time of delivery.
5.2. Raw Materials reserves the following rights until You pay the Charges:
5.2.1. ownership of the Goods;
5.2.2. the right to enter your premises (or the premises of any associated company or your agent where the Goods are held) without liability for trespass or any resulting damage and retake possession of the Goods; and
5.2.3. the right to keep or re-sell Goods repossessed under clause 5.2.2.
5.3. If You fail to pay the Charges on the due date, then in addition to any other rights or remedies to which it is entitled, Raw Materials may in its absolute discretion:-
5.3.1. withhold supply and delivery of any further goods; or
5.3.2. enter upon your premises and remove the Goods.
6. EXCLUSIONS AND LIMITATIONS
6.1. Subject to 6.3, Raw Materials excludes from these conditions all conditions and terms implied by statute, general law or custom.
6.2. Subject to 6.3, Raw Materials excludes all liability to You for acts or omissions of Raw Materials, any delay, non-delivery or other failure to supply the Goods or any injury, loss or damage of any kind in tort (including negligence) or contract or otherwise arising out of the Goods on these conditions.
6.3. If the Goods are supplied to You as a "consumer" of goods or services within the meaning of "consumer" in the Trade Practices Act 1974 as amended or similar state legislation, nothing in these conditions excludes, restricts or modifies any condition, warranty, right or remedy conferred by the Trade Practices Act 1974 as amended or similar legislation.
6.4. If the Goods are goods not ordinarily acquired for personal, domestic or household use or consumption for the purposes of the Trade Practices Act 1974 as amended or similar legislation, Raw Materials liability is limited to the supply of the Goods again or payment of the cost of supplying the Goods.
6.5. The exclusions in 6.1 and 6.2 extend to loss of profits, business or anticipated savings or other indirect or consequential damage and to economic loss and even if Raw Materials knows they are possible or otherwise foreseeable.
7. PURCHASER’S ACKNOWLEDGEMENT
7.1. Despite anything else in these conditions, You acknowledge that:-
7.1.1. prior to ordering the Goods You satisfied Yourself as to the their suitability for Your purpose; and
7.1.2. Raw Materials has made no express warranty, condition or representation about the Goods’ quality, fitness for purpose, safety or suitability.
8. USE-BY DATE
8.1 Goods must not be sold beyond their ’use-by’ or ’best-by’ date.
8.2 If You do not comply with clause 8.1, You must indemnify Raw Materials for any costs or expenses and any loss or damage resulting (directly or indirectly) from the sale by You of such Goods.
9.1. These conditions are governed and must be construed under the laws of the State of Victoria and Raw Materials and You submit to the exclusive jurisdiction of the Courts of that state.
9.2. If a condition or part is unenforceable the unenforceability does not affect any other part of the conditions or any other condition.
9.3. Raw Materials is not bound by any waiver, discharge or release of a condition or any agreement, which varies these conditions unless it is in writing, and signed for Raw Materials by an authorised officer.
9.4. If Raw Materials waives a breach of condition the waiver does not operate as a waiver of another breach of the same or any other condition or as a continuing waiver.
www.rawmaterials.com.au and its affiliates provide their services to you subject to the following conditions. If you visit or shop at www.rawmaterials.com.au, you accept these conditions. Please read them carefully. In addition, when you use any current or future www.rawmaterials.com.au service or visit or purchase from any business affiliated with www.rawmaterials.com.au, whether or not included in the www.rawmaterials.com.au Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
When you visit www.rawmaterials.com.au or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
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LICENSE AND SITE ACCESS
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If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. www.rawmaterials.com.au does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use www.rawmaterials.com.au only with involvement of a parent or guardian. www.rawmaterials.com.au and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. www.rawmaterials.com.au reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant www.rawmaterials.com.au and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant www.rawmaterials.com.au and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify www.rawmaterials.com.au or its affiliates for all claims resulting from content you supply. www.rawmaterials.com.au has the right but not the obligation to monitor and edit or remove any activity or content. www.rawmaterials.com.au takes no responsibility and assumes no liability for any content posted by you or any third party.
www.rawmaterials.com.au and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, email us with your complaint.
RISK OF LOSS
All items purchased from www.rawmaterials.com.au are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
www.rawmaterials.com.au and its affiliates attempt to be as accurate as possible. However, www.rawmaterials.com.au does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by www.rawmaterials.com.au itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY www.rawmaterials.com.au ON AN "AS IS" AND "AS AVAILABLE" BASIS. www.rawmaterials.com.au MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, www.rawmaterials.com.au DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. www.rawmaterials.com.au DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM www.rawmaterials.com.au ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. www.rawmaterials.com.au WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
By visiting www.rawmaterials.com.au, you agree that the laws of www.rawmaterials.com.au, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and www.rawmaterials.com.au or its affiliates.
Any dispute relating in any way to your visit to www.rawmaterials.com.au or to products you purchase through www.rawmaterials.com.au shall be submitted to confidential arbitration in www.rawmaterials.com.au, except that, to the extent you have in any manner violated or threatened to violate www.rawmaterials.com.au’s intellectual property rights, www.rawmaterials.com.au may seek injunctive or other appropriate relief in any court in www.rawmaterials.com.au, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of an independent arbitrator. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, posted on this site. These policies also govern your visit to www.rawmaterials.com.au. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.