TERMS AND CONDITIONS OF SALE
1. INTERPRETATION 1.1 “Agreement” means an agreement between the Buyer and Seller to supply Goods; 1.2 “Conditions” means these Conditions and any agreed written variations; 1.3 “Goods” means the articles that the Buyer agrees to buy from the Seller; 1.4 “Order” means an order made by the Buyer to purchase goods from the Seller; 1.5 “Product List” means the list of Goods updated on the website from time to time; 1.6 “Delivery Charge” means the fee payable by the Buyer to accommodate for delivery to nearest depot, or front door; 1.7 “Buyer” means the individual or organisation who buys or agrees to buy the Goods from the Seller. 1.8 “Seller” refers to Agcab Pty Ltd of 2098 Hume Highway, Campbellfield VIC 3061 owns and operates portable cabins; and 1.9 “Website” means agcab.com and related registered domain names.
2. APPLICATION 2.1 The terms and conditions stipulated shall apply to all contracts for the sale of Goods by the Seller to the Buyer, and shall be deemed to prevail over any other documentation or communication from the Buyer.
3. QUOTATIONS 3.1 The Sellers Quotation(s) shall remain valid for the period as stated below the Quotation, or where no such period is stated, for 30 days from the date thereon. A Quotation is not an offer to sell and may be withdrawn or amended by the Seller without notice; 3.2 Buyer is responsible to pay for their own freight, price depending on location, unless otherwise agreed upon in writing. The phrase “TBA” contained in Quotations is to be construed as ‘To Be Advised’. 3.3 The Quotation is based upon the Goods listed in the Quotation. Should there be any variation in the total quantity of Goods ordered, the Seller reserves the right to amend the price accordingly; and 3.4 Where the Goods ordered by the Buyer are not available in stock at the time of Order, the Buyer will be expressly notified of expected delivery date, which may be subject to unforeseeable delays, which do not give the Buyer the right to a refund.
4.1.1 The Seller will require a deposit (unless otherwise agreed upon) from the Buyer before commencing the Order and Buyer acknowledges that the Seller is under no obligation to start the order unless deposit is received. 4.1.2 Deposits are non-refundable however can be transferrable to a future order with Agcab Pty Ltd and must be used within 6 months of the date of the deposit.
4.2.1 The Buyer must reimburse the Seller for any costs, expenses or losses incurred, in the event that the Buyer cancels an accepted quote/invoice, or forfeits an already approved finance approval. A Quote and/or Invoice is deemed to be accepted if any sort of deposit is placed into the Seller’s funds.
5. DELIVERY 5.1 Any delivery time, completion date or period offered is an estimate only and is not to be construed as a fixed time unless expressly construed in writing; 5.2 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date, and this does not give the right to a refund; 5.3 The Seller is to endeavour reasonably, to meet any date agreed for delivery. In any event, time of delivery shall not be of the essence and the Seller will not be liable for any losses, costs, damages or expenses encountered by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date; 5.4 Title and risk in the Goods shall pass to the Buyer, or its agent or to a third party nominated by the Buyer, upon full payment; and 5.5 Delivery of goods shall be made to the Buyer’s address as specified in Tax Invoice or Quotation, and the Buyer shall make all arrangements necessary to take delivery of the goods when they are tendered for delivery or a re-delivery fee will apply. 5.6 If the Buyers funds have not been cleared and cannot or refuses to pay the balance, the Buyer will be held liable to pay for the freight costs both ways and the deposit will be non refundable. 5.7 The Buyer must make every effort possible to ensure somebody over the age of 18 is at the property at the time of delivery and the balance (if any) must be paid as agreed with the Seller. 5.8 If the Buyer’s tax invoice states a delivery address which is actually different the address of delivery, the Buyer will be liable for any difference in freight charges and must pay within 7 days of receiving the Invoice Variation from the Seller. 5.9 Delivery of the Goods will generally take place on a flat bed truck, unless the Buyer has specifically requested a Crane Truck or Tow Truck 5.10 To keep delivery costs to a minimum, the Buyer will be informed if it is feasible to ensure they engage the services of their local crane company to lift the cabin into restrictive areas.
6. RIGHTS OF SELLER 6.1 The Seller reserves the right to periodically update products (price, specifications, colours, models etc) on the website, which cannot be guaranteed for any period of time. Goods are available until stocks last, unless otherwise stated in writing. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an Order; 6.2 The Seller reserves the right to withdraw Goods from the website at any given time; and 6.3 The Seller shall not be deemed liable for withdrawing Goods from the website.
7. BUYER’S RESPONSIBILITY
The buyer agrees to: a) Within seven (7) days to notify the Seller should they have not received assembly instruction booklet (if buying a flat pack); b) To read and understand the safety procedures before operating the unit. These procedures are to be found in the respective manuals; c) Insurance will be the Buyer’s liability from the moment in time the Goods leave the Seller’s premises, We strongly advise Buyers to insure their products as soon as they pay for it in full; d) Ensure its officers, employees and agents have received correct operator and safety training according to the Instruction Manuals provided; e) Not make any claim against the Seller and further indemnifies the Seller against all loss or damage to person or property that may be occasioned due to the Buyer’s failure to carry out operator training in the correct use of the Goods. For the avoidance of doubt this includes any and all loss or damage due to negligence on the part of the Buyer, its officers, employees or agents; f) Contact their local council as to any applicable permits that may be required for their intended use; g) To ensure that if Buyers Council requires a permit, the Buyer is to undergo the expense in arranging a third party to undertake the required work, and the Buyer to pay requisite council fees if applicable; h) Whilst the Seller can assist the Buyer in the permit process (by providing Structural Engineer Drawings) it is the Buyers responsibility to undertake the process and obtain approval if deemed appropriate by their council.
8. WARRANTY 8.1 The Seller reserves the right to offer extended warranty of up to 12 months, where time can be periodically updated at any given time; 8.2 Buyer must read the terms and conditions of the warranty prior to operating the Goods, as ignorance will not be tolerated; 8.3 The Seller reserves the right to make null and void the warranty should the Goods be subject to modification, alteration or damage, beyond the ordinary intended use of the Goods; and 8.4 The Seller is not legally bound to step beyond the terms and conditions of the third party warranty agreement at any given time, completely being within managerial discretion.
9. STATUTORY WARRANTY 9.1 Nothing herein shall limit those provisions of the Competition and Consumer Act 2010 including the Australian Consumer Law, nor statutes, rules or regulations from time to time in force in Australia which imply or guarantee certain conditions or warranties or impose obligations on Agcab which conditions, warranties and obligations cannot, or cannot except to a limited extent be excluded, restricted or modified. 9.2 The benefits to you given by this Warranty are in addition to any other rights and remedies you may have as a consumer under a law in relation to the goods or services to which this Warranty relates. If you are acquiring goods from Agcab as a consumer defined under Australian Consumer Law then the following applies subject to Clause 14. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
10. CHANGES TO TERMS & CONDITIONS 10.1 The Seller reserves the right to alter these Terms & Conditions at any given time without notice. By continuing to use the Web Site, you agree to be bound by the changes. We are not obliged to notify you of any changes but we will endeavour to alert you to any significant changes, which will be communicated via email if need be.
11. RETURN POLICY 10.1 Return of goods by the Buyer can only be made with the prior written approval of the Seller. 10.2 Strictly no returns for “change of mind”. 10.3 The cost of return freight will be the onus of the Buyer, not the Seller. 10.4 Where returned Goods are found to be damaged due to the Buyer’s fault and neglect, the Buyer will be liable for the cost of repairing such damage.
12. LIABILITY 12.1 Disclaimer of Liability/Indirect Losses Notwithstanding any other provision of these Terms and Conditions, the Seller is in no circumstances (whatever the cause) liable in contract, tort including without limitation, negligence to the Buyer for: a) Any increased costs or expenses; b) Any loss of profit, revenue, business, contracts or anticipated savings; c) Any loss or expense resulting from a claim by a third party; or d) Any special, indirect or consequential loss or damage of any nature whatsoever caused by the Seller’s failure to complete or delay in completing the Order or to deliver the Goods.
13. PRIVACY 12.1 The Buyer hereby authorises the Seller to collect, retain, record and use and disclose commercial information about the Buyer, in accordance with Privacy Laws. 12.2 The Buyer accepts that any form of communication made with the Seller is subject to collection and used for the following purposes: a) Keep customers informed with new products and/or specials; b) Responding to enquiries about our products and services; c) Processing of orders; and d) Marketing purposes.
If any provision in this agreement is unlawful or inconsistent with any law, then to the extent of the unlawful nature of inconsistency, that provision may be severed from without affecting the validity or enforceability of the remaining provisions in this agreement.
15. FORCE MAJEURE 15.1 The Seller will not be held responsible of the consequences of force majeure, being an event beyond any person’s control. 14.2 Force Majeure includes but is not limited to loss or damage caused by: fire, flood, tempest, earthquake, riot, strike, crime, civil disturbance, breakdown, war etc.
16. TRADEMARK 16.1 Permission to use documents delivered from the Web Site and/or server and related graphics is restricted. The name of the seller or any of the above trademarks or logos may not be used without the seller's specific, written prior permission.
These terms and conditions shall be governed by and construed in accordance with the laws of Victoria.