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Terms & Conditions

Delivery

20. The time for Delivery shall not be of the essence of the Contract unless agreed in writing,

and any time stated by the Seller for Delivery of the Goods is an estimate only.

21. The Seller shall not be responsible for delay or demurrage.

22. The Purchaser will not be relieved of any obligation to accept the Goods or pay the Price

by reason of any delay in production, manufacture or delivery of the Goods by reason of

any war, riots, civil commotion, vandalism, theft, strike, lockout, industrial dispute,

unavailability of materials, accidents to machinery, differences with workers,

breakdowns, shortages of supplies or labour, fires, floods, storms or tempest, transport

delays, acts of God, restrictions or interventions imposed by any laws, regulations,

governments or agencies of governments and any other cause beyond the control of the

Seller.

Defective Goods or delivery

23. The Goods are ‘specific goods’ within the meaning of section 3 Goods Act 1958 (Vic).

24. The Purchaser must examine the Goods as soon as practicable upon Delivery.

25. Any claim or allegation by the Purchaser:

(a) for alleged damage to the Goods;

(b) for any alleged defect in the Goods; or

(c) that the Goods are not as ordered,

must be made in writing to the Seller within 7 Days of Delivery.

26. Unless the Purchaser notifies the Seller within 7 Days of Delivery:

(a) of any alleged damage to the Goods;

(b) of any alleged defect in the Goods; or

(c) that the Goods are not as ordered,

the Purchaser will be deemed to have accepted the Goods.

27. Upon receipt of notification:

(a) of alleged damage under clauses 25(a) or (b) or alleged defect under clauses 26(a)

or (b), and upon receipt of proof of damage or defect reasonably acceptable to the

Seller, the Seller will within 14 Days after proof of destruction of the damaged or

defective Goods by the Purchaser refund to the Purchaser the Price of the Goods, or

at its election credit the Price of the Goods against outstanding Invoices; or

(b) that the Goods are not as ordered under clauses 25(c) and 26(c), upon receipt of

proof reasonably acceptable to the Seller that the Goods are not as ordered, the

Seller will forthwith make Delivery of Goods as ordered to the Purchaser at the

Seller’s cost, and the Seller will organise and pay for the cost of the return or

destruction, at its sole option, of the Goods not as ordered.

28. The Purchaser acknowledges that whilst the Seller will use its best endeavours to deliver

the quantity of Goods ordered, the Goods are handmade, and the Purchaser agrees that a

5% variance over or under the quantity of the Goods ordered when ordered on the basis

of weight will apply, and the Purchaser releases the Seller from any or all liability for any

such variance.

PRODUCT LIABILITY

29. The Purchaser must at all times during the Contract insure the Goods (in the light of any

risks inherent in the Goods and the custom in the industry in which the Purchaser

operates) against product liability, fire and theft, and agrees that in the event that any

Goods are the subject of a claim under any such insurance policy and the relevant Goods

have not been paid for, the Purchaser’s rights under any insurance policy are subrogated

to the rights of the Seller under these Terms and Conditions.