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Colourstory Pty Limited
Terms and Conditions of Wholesale Sale
These are the terms and conditions under which goods ordered from Colourstory Pty Limited (“Colourstory”) will be supplied.
- Orders
Orders received by any method (post, fax, email, electronic transmission of any kind or verbal) will be deemed to be a binding contract between the purchaser and the seller.
- Pricing and Payment
The price of supply will be the price ruling at the time, (from the current price list) unless agreed in writing. Prices for overseas supply are charged in US$. Prices may be altered without notice at Colourstory’s sole discretion due to such factors as changes in government taxes, exchange rates, imported content, labour rates, or cost of materials. Payment is required with order except for agreed credit accounts, for which payment is due on the 20th of the month following date of invoice. Colourstory reserves the right to charge penalty interest of 2% above the Reserve Bank’s official cash rate on overdue accounts.
- Delivery
Colourstory will not be responsible for any failure to deliver or delay in delivery caused by any event reasonably beyond our control.
Colourstory will use all reasonable endeavours to make delivery at the time agreed, but if for any reason delivery may be delayed, Colourstory will not be responsible for any loss or damage sustained by the Purchaser or any third party by reason of such delay.
- Passing of Risk
The risk in goods supplied by Colourstory to the Purchaser will pass to the Purchaser on their dispatch from our premises, but the ownership in them will not pass to the Purchaser until the Purchaser has paid in full the price invoiced by Colourstory.
- Liability
Colourstory will not be liable for any loss or damage of any kind, including consequential loss or damage suffered by the Purchaser, its employees or its agents arising out of or in connection with work done or goods supplied by Colourstory.
Regardless of anything else contained in these terms and conditions, the liability of Colourstory in respect of all claims for loss or damage arising from any of Colourstory’s obligations in connection with work done or goods supplied will not in aggregate exceed the price which the Purchaser has paid to Colourstory. Such limitation of liability includes loss resulting from any cancellation of the contract or from any negligence, misrepresentation or other act or omission on the part of Colourstory, its employees, agents or contractors.
- Disputes
These terms and conditions are governed by the laws of Australia. Any disputes concerning them that cannot be resolved by negotiation in good faith between the parties shall be determined by mediation or, failing that, by arbitration conducted in accordance with the relevant UNCITRAL model law.
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