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A.R.B.N. 062 740 078 ABN 63 592 786 032 TERMS AND CONDITIONS OF SALE These Terms and Conditions apply to all contracts for the sale of products and services by Multiple District 201 of Lions Clubs International Inc. ("Lions Australia") Lions Australia will sell and the customer shall acquire any product or service subject to these terms and conditions. Submitting the order form to Lions Australia will constitute acceptance of these terms and conditions by the customer.
1. ENTERING INTO A CONTRACT 1.1 Verbally making an order or submitting the order (by e-mail, facsimile or otherwise) is an offer made by the customer to Lions Australia. The supply of samples or other literature or online information prior to the placing of the order by the customer do not form part of the contract. 1.2 Lions Australia may decide not to accept the customer's offer. Only written confirmation (by e-mail, facsimile or otherwise) of the order by Lions Australia will constitute acceptance by Lions Australia of the customer's offer. 1.3 The dispatch of the goods by Lions Australia shall be deemed to constitute written confirmation of the order in regard to the goods dispatched. 1.3 Lions Australia will not be bound by any communication made to it by the customer and Lions Australia is entitled to reject any order made by the customer.
2. PRICE AND GST 2.1 The price is set out in Lions Australia's price list published on the Lions Australia web site on the date of ordering. 2.2 The price includes all GST charged by the Commonwealth of Australia. 2.3 Lions Australia reserves the right to:
3. PAYMENT The customer must pay in full for all goods together with freight and handling charges at the time that an offer is made. Acceptance by Lions Australia or its bankers of any such payment does not constitute an acceptance of the customer's offer by Lions Australia. All invoices must be paid within 28 days.
4. DESPATCH Goods will usually be dispatched within 7 to 10 working days of the offer being made by the customer to Lions Australia, if such offer is accepted by Lions Australia. However, Lions Australia will not be responsible for any loss or damage suffered by the customer by virtue of any delay in the dispatch of the goods.
5. EXPRESS DELIVERY\ENGRAVING 5.1 If the customer requests express delivery or engraving of goods then Lions Australia will be entitled to levy an additional charge for the same. 5.2 If the purchase has been paid by way of a charge against a credit card then the customer authorises Lions Australia to charge the express delivery and\or engraving costs against the credit card and appoints Lions Australia as the customer's attorney for the purpose of effecting such charge.
6. CANCELLATION/REFUND POLICY Cancellations will not be accepted and any l refund of any payment received will be made solely at the discretion of Lions Australia. No refund will be made in any other circumstances unless the goods are faulty or it is otherwise required by the provisions of the Trade Practices Act.
7. RESTRICTION ON CLAIMS 7.1 Lions Australia shall not be liable for any loss or damage sustained directly or indirectly by the customer or any other person which arises directly or indirectly from the goods or any delay or failure to deliver the goods. 7.2 If the law prohibits the exclusion of Lions Australia's
liability pursuant to the preceding sub-clause then Lions Australia's liability
for a breach of a condition or warranty shall be limited to: 7.3 The goods shall be at the risk of the customer once they have left the possession of Lions Australia. The goods shall not be in the possession of Lions Australia if they are in the possession of any carrier who has been entrusted with the delivery or part od the delivery of the goods.
8. TAXES AND CUSTOMS 8.1 Lions Australia shall pay all taxes which may be payable in respect of the sale of the goods pursuant to the laws of the Commonwealth of Australia and/or the State of New South Wales. The customer shall pay all other governmental charges in respect of the sale, transport or importation of the goods or any transaction in relation thereto. 8.2 The customer is solely responsible for ensuring that all laws of the country to which the goods are to be delivered and which are applicable to the goods or any transaction in relation thereto are satisfied and indemnifies Lions Australia in relation to any liability arising therefrom.
9. INTELLECTUAL PROPERTY Copyright and all other intellectual property rights in all products and services sold by Lions Australia shall belong to and continue to belong to the owners of such rights and the customer shall not obtain any such rights or interest in such rights by virtue of receipt of any product or service.
10. LAW AND JURISDICTION The Contract shall in all respects be governed by and construed in accordance with the laws of the Commonwealth of Australia and the State of New South Wales and shall be deemed to have been made in the State of New South Wales and the customer hereby agrees to submit to the exclusive jurisdiction of the courts of the State of New South Wales.
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