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Terms and Conditions

B dynamic Promotions Pty Ltd TERMS AND CONDITIONS OF SALES. All goods and services supplied by B dynamic Promotions Pty Limited are sold subject to the following conditions:

01. Definitions:

  • In these Terms and Conditions the “Company” means B dynamic Pty Ltd, whose registered office is at 1 Aristida Close, Kemps Creek, NSW, 2178, Australia.
  • The “Purchaser” means any person or company who buys or has agreed to buy goods and “Goods” mean any goods or services supplied by the Company.
  • “Conditions” means the terms and conditions set out in this document. The singular shall be deemed to include the plural, person shall include the firm or company and vice versa.

02. Applicable Terms:

Unless otherwise agreed in writing, any contract for the sale of Goods shall be subject to these Terms and Conditions. Any oral or written terms offered or stipulated by the Purchaser shall, if inconsistent with these Terms & Conditions, be deemed rejected by the Company.

03. Prices:

The price for the Goods are stated in the Company’s portal, in the confirmation of order. The Company’s prices are fixed for a period as stated in the order acknowledgement. Thereafter the Company reserves the right to vary prices without notice.

04. Packing, Carriage & Insurance:

Packaging, carriage and insurance to designated premises and on default or designation to any trading address of the Purchaser, shall be paid by the Purchaser and shall be charged at the Company’s rates current at the time of dispatch.

05. Pricing and Payment:

Prices throughout the website are quoted in Australian dollars, and payment can only be accepted in Australian Dollars. Packing and delivery costs, if any, will be added to the total price of your purchase. While we make every effort to ensure that the products shown on our website are currently available at the price shown, we cannot guarantee that this will always be the case. If products you have ordered are unavailable, you will be notified as soon as possible.

06. Delivery:

Please see individual product sales pages for information about delivery and shipping charges, where applicable.

07. Returns:

Goods supplied may not be returned for credit without written consent of the Company and any Goods which are returned without such consent will be refused.

08. Cancellation/Variation of an Order:

Any order placed by the Purchaser shall not be varied or cancelled without prior written consent of the Company. The granting of consent shall be entirely at the discretion of the Company and shall always be subject to the payment by the Purchaser to the Company of a sum equivalent to the losses, including loss of profit, cost and expenses of the Company caused by the variation or cancelation (such sum being reasonably determined by the Company).

09. Damaged in Transit:

The Company shall not be liable for faulty or damaged Goods unless such fault or damage can be shown to have risen prior to dispatch. (a “Pre-Dispatch Defect”).
Any claim by the Purchaser which is based on a Pre Dispatch Defect shall be notified to the Company within 7 days from the date of delivery or (whereas the defect or failure was not apparent on reasonable inspection) within a reasonable time after the discovery of the defect or failure. Following notification the Company may, at its sole discretion, repair, replace or issue a credit note in respect of defective Goods. The Purchaser must retain the Goods with the original packing for Inspection and return them, carriage paid and at the risk of the Purchaser to the Company.

10. Notification of Shortage:

The Company shall accept no liability for shortage of goods on delivery unless written notification shall have been received by the Company from the Purchaser within 7 days of dispatching in the Goods to the Purchaser.

11. Consequential Loss:

Any warranty or condition expressed or implied statutory or otherwise (including conformity with description sample, fitness for purpose or quality) are hereby expressly excluded and the Company shall be under no liability whatsoever for consequential loss or damage of any description in respect of goods sold, repaired, or converted, or for services rendered.

12. Employers Liability:

Where employees of the Company are to be employed on the Purchaser’s Premises, the Purchaser will indemnify the Company against any liability in respect of or claim such employees.

13. Customer Liability:

The Company shall not be liable for any loss or damage whatsoever caused directly or indirectly by the Purchaser’s failure to perform any of the Purchaser’s obligations under any contract or order relating to any Goods or any other matter wholly or partly within the Purchaser’s control.

14. Assignment:

No contract with the Company shall be assignable by the Purchaser without the prior written consent of the Company.

15. Expenses:

Without prejudice to any other remedy available the Company shall be entitled to recover from the Purchaser any cost or expenses (including solicitors fees and disbursements) incurred in recovering monies in respect of the goods or any other monies due under the Terms & Conditions hereof.

16. Warranties:

All goods supplied by the Company shall be subject to the Manufacturers period of warranty. The Company shall be under no liability under the above warranty if the total price for the Goods has not been paid by the due date for payment.

17. Force Majeure:

The Company accepts no liability for delay in delivery or failure to deliver Goods arising out of any cause whatsoever beyond reasonable control or the control of its suppliers.

18. Governing Law:

All contracts made between the Company and the Purchaser shall be constructed in accordance with and governed in all respects by State of New South Wales’ Law and the Purchaser agrees to submit to the exclusive jurisdiction of State of New South Wales’ Courts.

19. Limitations:

Goods sold by the company may not be used in equipment and or products for use in any life support system, nuclear installations or aircraft without prior written consent of the Company.

20. Headings:

The headings of these terms and conditions are of convenience only and shall have no effect in the interpretation thereof.

NOTHING IN THESE TERMS AND CONDITIONS SHALL AFFECT THE STATUTORY RIGHTS OF THE PURCHASER

 

 

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