1.Hygienic sandpits are supplied on these terms and conditions. 2. No order shall be binding on Hygienic sandpits until accepted by Hygienic sandpits . An individual contract for the supply of Products, on these terms and conditions, is formed on acceptance by Hygienic sandpits of an order from the Customer. Hygienic sandpits reserves the right to accept any order in whole or in part. Where Hygienic sandpits makes a part delivery of any order, such delivery shall constitute a separate contract. No order may be cancelled or varied after acceptance by Hygienic sandpits .
3. All credit orders are accepted by Hygienic sandpits subject to satisfactory credit approval of the Customer, which may be withdrawn at any time. Where credit approval has not been granted, or is withdrawn, payment for all Products supplied is required before delivery. Where credit has been granted, payment for the Products is to be made COD to the date of invoice. Payment must be made in full without set off or deduction. Hygienic sandpits will investigate any disputed amounts, and if resolved in favour of the Customer, a credit will be issued to the Customer.
4. Ownership of the Products does not pass to the Customer until the Customer has discharged all outstanding indebtedness, whether in respect of the Products or otherwise, to Hygienic sandpits . Risk in the Products will pass on delivery to the Customer.
Please cross check all products against your original order and our packing list before opening, marking or using them. Any Products which are damaged or defective, delivered after their “use by” or “best before” date, or which are not otherwise in accordance with the Customer’s order, may be returned to Hygienic sandpits within 7 days of delivery, at no cost to the Customer provided a return authorisation number has been obtained from Customer Service by calling 042 121 4262. The Customer may otherwise return Products to Hygienic sandpits and obtain a credit:
a) provided that the customer does so within 3 days of delivery and a Return Authorisation number is obtained.
b) provided that the Products are in their original packaging, unopened, of a current make and model and otherwise as new and in a saleable condition;
c) at the Customer’s own expense, or to the Customer’s account; and
d) on the basis that risk in the Products remains with the Customer until the Products are received by Hygienic sandpits , and that a restocking or return fee may be charged.
N.B. It is important to send a copy of your original invoice or packing slip with all returns.
6. Except for those required or implied by legislation, Hygienic sandpits gives no express warranty in relation to products and services supplied to the Customer, and the Customer acknowledges that they have not relied on any representation or warranty made by or on behalf of Hygienic sandpits . Certain legislation may imply conditions and warranties into these terms and conditions. To the extent that such conditions and warranties may lawfully be excluded, all such conditions and warranties are expressly excluded. The liability of Hygienic sandpits under or arising out of the supply of goods and services for breach of any term, condition or warranty implied in or imposed upon the supply of goods and/or services by legislation, shall be limited, at the option of Hygienic sandpits to:
If the breach or liability relates to goods:
a) the replacement of the goods or the supply of equivalent goods;
b) the repair of the goods;
c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
d) the payment of the cost of having the product repaired or claims the product doesn't work,
If the breach or liability relates to services:
a) the supplying of the services again; or
b) the payment of the cost of having the services supplied again.
7. Except as expressly provided above, Hygienic sandpits shall not be under any liability to the Customer in respect of any loss or damage (including consequential or indirect loss or damage or loss of profits, loss of use or loss of data) however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the Products, any services supplied by Hygienic sandpits or the failure of Hygienic sandpits to comply with these terms and conditions.
8. These terms and conditions will apply to the exclusion of all other terms and conditions contained in the Customer’s order. In the event of any inconsistency, Hygienic sandpits will be deemed, by delivering the Products to the Customer or supplying services to the Customer, to have made an offer to the Customer to sell the Products or supply the services pursuant to these terms and conditions, which offer will be deemed to have been accepted if the Customer retains the Products or accepts the services. Hygienic sandpits reserves the right to change these Terms and Conditions at any time.
9. Hygienic sandpits reserves the right to recover from the Customer all goods and services tax (“GST”) payable in respect of the supply of goods and services to the Customer.
10. These terms and conditions are governed by and will be construed in accordance with the laws of Western Australia and the parties agree to submit to the jurisdiction of the courts of that state.