Superior Pet Goods Direct Retail Terms
Superior Steel Products Pty Ltd trading as Superior Pet Goods ABN: 54 627 545 537 (SPG)
AGREEMENT
1. This document sets out the terms and conditions for the agreement for the supply of the Goods by SPG to the Customer.
ORDERS
2. The Customer is responsible for ensuring that all information inputted into the Order (including delivery details) is correct.
3. The Customer must place an Order for the provision of Goods by submitting the order online via the SPG website.
4. Payment of the Price is required at the time of Order. Payment can be made by credit/debit card, Afterpay, Google Pay or Apple Pay.
RISK AND TRANSPORTATION OF GOODS
5. Goods supplied by SPG will be delivered by SPG’s nominated carrier to the Delivery Point, at the Customer’s cost.
6. Risk in the Goods passes to the Customer when the Goods are dispatched from SPG’s premises for delivery,
DISPATCH & DELIVERY
7. The Customer must nominate the Delivery Point in the Order.
8. Goods are usually dispatched within 2 days from receipt of payment. This timeframe is an estimate only.
9. Goods are usually delivered 3-5 business days from being dispatched. This is an estimate only. Delivery of the Goods to a Delivery Point located in remote or regional areas may take longer. Delivery times are outside of SPG’s control, and are the responsibility of the relevant carrier.
10. SPG may arrange transport of the Goods to the Customer by any means in its absolute discretion.
11. Unless otherwise agreed, delivery will be made, Monday – Friday between 5.00am-5.00pm.
12. SPG or its transport contractor will deliver and unload the Goods as close to the Delivery Point as is safe or prudent to do so, as determined by SPG or its transport contractor, acting reasonably.
13. The Customer must ensure that it has personnel on site at the Delivery Point to accept the delivery of the finished Goods.
14. The Customer must sign a proof of delivery unless it has in writing directed SPG to leave the Goods at the delivery address at the Customer’s own risk. If Goods are to be left at the Customer’s delivery address and not signed for, SPG or its contractor will not be liable for lost or stolen Goods.
15. The unloading of Goods at the Delivery Point and loading the Customer’s vehicle, is the Customer’s responsibility at its own cost and risk.
16. If SPG is unable to deliver the Goods or Services to the Customer at the Delivery Point, for any reason not attributable to the fault of SPG or its transport contractor, the Customer indemnifies SPG for all Loss incurred by SPG arising from the non-delivery.
ACCEPTANCE OF GOODS & RETURNS FOR CHANGE OF MIND
17. Without prejudice to the Customer’s rights at law, if the Customer does not inform SPG in writing of any fault or defect in Goods other non-compliance with these terms within seven (7) day of delivery of Goods, the Customer is deemed to accept the Goods as being free from defects and in full compliance with these terms.
18. SPG may offer exchanges or refunds for change of mind on Goods. To claim an exchange or refund for a change of mind:
18.1 The Customer must, within six (6) days of delivery or collection of the Goods, submit a return request via the “contact us” page on the SPG Website, or via telephone (03) 8518 5715, or email sales@superiorpetgoods.com.au.
18.2 The Customer must return the Goods at the Customer’s own cost to SPG, unless otherwise agreed by SPG;
18.3 The Goods must be in their original packaging, unused, have all labels and tags attached, and in a resaleable condition, as determined by SPG;
18.4 The Customer must supply proof of its original purchase from SPG.
19. On receipt of returned Goods, SPG will inspect the Goods and in SPG’s sole discretion, determine whether the Goods returned are in an acceptable condition to process a refund or exchange to the Customer. If approved, the Customer has 30 days to select substitute Goods and notify SPG accordingly.
20. The cost of freight of substitute Goods together with any additional monies payable on account of the substitute Goods having a higher price than the returned Goods, are payable by the Customer.
PRICE AND INVOICING
21. The Customer must pay the Price specified in the Invoice. Unless otherwise stated, the Price includes GST and associated costs.
RE-SALE PROHIBITED
22. The Customer must not re-sell new Goods on third party online marketplaces, including Facebook market place and Gumtree, without prior written permission from SPG.
EXCLUSIONS AND LIMITATION OF LIABILITY
23. All information and samples provided by SPG in relation to the Goods are approximations only, and small variances which do not affect the use or functionality of the Goods will not entitle the Customer to reject the Goods or make a Claim in respect of them.
24. To the maximum extent allowed by law, SPG’s liability is limited (at SPG’s option) to:
24.1 SPG re-supplying the Goods in question; or
24.2 SPG refunding the Price paid for the Goods in question.
25. This clause does not exclude or limit the application of any provision of any statute (including the Australian Consumer Law) where to do so would contravene that statute or cause any part of this clause to be void.
INDIRECT OR CONSEQUENTIAL LOSS
26. Neither party is liable to the other party in contract, tort, negligence, breach of statutory duty or otherwise for any Loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other party of an indirect or consequential nature including any economic loss or other loss of turnover, profits, business or goodwill.
RETENTION OF TITLE
27. Title in the Goods supplied to the Customer is retained by SPG until all money due and payable by the Customer for those Goods, has been paid.
FORCE MAJEURE
28. If circumstances beyond SPG’s control prevent or delay its provision of the Goods, SPG is relieved of any obligation to provide the Goods while those circumstances continue. SPG may elect to terminate this agreement or keep the agreement on foot until such circumstances have ceased.
29. Circumstances beyond SPG’s control include, but are not limited to, unavailability of materials or components, fire, flood, storm or other severe weather condition, pandemic, lockdown or quarantine ordered by a government agency, transport difficulties and failures or malfunctions of computers or other information technology systems.
GENERAL
30. This agreement is subject to the laws of Victoria and the parties submit themselves to the jurisdiction of the Courts of Victoria and any competent appellate courts.
31. No rule of construction or interpretation will be construed to disadvantage any party because that party was responsible for its preparation or drafting.
32. Any provisions in these terms which are unenforceable, illegal or otherwise invalid, will be read down to the minimum extent necessary to achieve validity, if applicable, or if not applicable be severed, and without affecting the remaining provisions of these terms.
33. This agreement and any written variations agreed in writing by SPG represent the whole of the agreement between the parties.
34. These terms supersede all oral and written negotiations and communications on and on behalf of the parties.
35. These terms must not be amended or varied unless it is in writing and executed by both parties.
DEFINITIONS
36. In these Terms:
36.1 Claims means and includes any claim, notice, demand, action, inaction, proceeding, litigation, prosecution, arbitration, investigation, judgment, award, damage, loss, cost, expense or liability however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort or statute, and whether involving a third party or a party to this agreement or otherwise;
36.2 SPG means Superior Steel Products Pty Ltd trading as Superior Pet Goods ABN: 54 627 545 537;
36.3 Customer means the person named in the Order;
36.4 Delivery Point means the location of the Customer’s premises where Goods will be delivered, as contemplated in clause 8;
36.5 Goods means all goods described in the Order and/or Invoice;
36.6 GST means goods and services tax under the GST Law and GST Law means the A New Tax System (Goods & Services Tax) Act
1999 (Cth);
36.7 Invoice means a GST-Law compliant tax invoice issued by SPG Glass to the Customer;
36.8 Loss includes, but is not limited to, costs (including party to party legal costs and SPG’ legal costs), expenses, lost profits, award of damages, personal injury and property damage;
36.9 Order means the Customer’s order of Goods, which is completed by the Customer on the SPG Website;
36.10 Price means the price of the Goods supplied by SPG;
36.11 SPG means Superior Steel Products trading as Superior Pet Goods ABN: 54 627 545 537;
36.12 SPG Website means the domain located at www.superiorpetgoods.com.au
INTERPRETATION
37. In these terms:
37.1 reference to a person includes that individual, their heirs, executors, administrators, successors and assigns of that person, corporations and associations;
37.2 a reference to writing includes email and other communication established through the SPG’s website (if any);
37.3 words importing the singular number include the plural and vice versa;
37.4 where a word or phrase is defined, other parts of speech and grammatical forms of that word or phrase have corresponding meanings;
37.5 headings are for convenience only and do not affect interpretation; and
37.6 references to any legislation or to any provision of any legislation include any modification or re-enactment or any legislation or legislative provision substituted for, and all regulations and instruments issued under, such legislation or provision