The following trading terms and conditions, as amended from time to time (“Trading Terms”), shall apply to all goods sold by Partyware Pty Ltd ABN 33-102-514-232 to its Customers. These trading terms and conditions do not restrict or modify any conditions, warranty, guarantee, right, or remedy, implied by the law, which, by the terms of the law cannot be excluded, restricted, or modified.
In these conditions:
(a) “Company” means Partyware Pty Ltd ABN 33-102-514-232 of 10 University Place, Clayton North, Victoria, Australia, 3168
(b) “Customer” means the customer of the goods.
(c) “Goods” means the goods and merchandise supplied by the company from time to time.
(d) “Supplier” means a supplier of products to Partyware.
(e) “GST Law” means a New Tax System (Goods and Services Tax) Act 1999, A New Tax System (Goods and Services Tax Transition Act) and all associated legislations, subordinate legislation and administrative rulings.
2. Application And Variation:
These conditions shall prevail over all conditions of the Customer’s order to the extent of any inconsistency, and may only be waived in writing signed by the company.
3.1 The prices for the goods shall be the current price charged by the Company at the date of purchase, unless otherwise agreed between the Company and Customer.
3.2 The Company may vary any prices prior to delivery without notice to the Customer.
4.1 You may order the products from Partyware from time to time by completing, executing, and sending Partyware a purchase order (“Order”). An order can also be placed via email, fax, and phone, and proof of delivery will confirm the order. In placing an Order, the Customer agrees to be bound by these Terms of Supply and agrees that if there is any inconsistency between the Terms of Supply and Order, the Terms of Supply will govern to the extent of any inconsistency.
4.2 The supply of Products by Partyware to You is subject to the Supplier’s ability to supply sufficient quantities and types of products to Partyware.
4.3 Home / residential deliveries – Partyware can only deliver to a private residence on the following terms:
4.3.1 You explicitly give Partyware authority to leave the goods in the safest possible place, which you must specify when ordering in case no one is present at the time of delivery. If nothing is specified, then Partyware will authorise their Shipping Provider to leave it in the best possible place.
4.3.2 Partyware is not responsible for the safety of the Products, and both Partyware and You accept the Shipping Providers confirmation as absolute confirmation that the goods have been delivered.
4.3.3 Should for any reason, the Shipping Provider not be able to leave it in a safe place and they take it back with them, you will be liable for a redelivery fee as charged by the Shipping Provider.
5.1 The purchase price of Products is as set out in Partyware’s most recent price list, quotation, facsimile, email, or quotation at the time You order Products from Partyware. Freight, handling, and insurance costs are in addition to the purchase price and will be shown separately on Partyware’s invoices.
5.2 Partyware may change any prices of Products without prior notice to Customer.
5.3 Partyware will invoice You for amounts due at the times specified in the Order, specifying how these amounts are calculated.
5.4 You must pay each Partyware invoice in full in advance of delivery unless otherwise agreed to in writing.
5.5 Partyware will, in its sole discretion, issue you a credit limit and terms for payment, which may differ to the requested terms. You undertake to trade within these terms.
5.6 You must reimburse Partyware for any expenses and charges incurred by Partyware in attempting to recover from You any overdue amounts, including without limitation, debt collection, and legal fees.
6. Stock Returns for Credit
6.1 Products can only be returned to Partyware for credit within 7 days from invoice date even if Partyware is at fault.
6.2 Returned products can only be credited at the value equivalent to the current market value of the products.
6.3 Any goods that have been written on or defaced by You or your courier will not be eligible for return.
6.4 Partyware only accepts complete cartons with no items missing. Partyware does not accept credit sleeves of products nor individual items.
7. Retention of Title:
7.1 Legal ownership of Goods shall remain with the Partyware until the Company has received full payment for all the Goods supplied by the Company to the Customer.
7.2 Prior to the transfer of title of the Goods from Partyware to the Customer, the Customer shall be bailee of the Goods for the Company only the Customer expressly acknowledges that it owes a fiduciary duty to the Vender not to deal with the Goods contrary to the Trading Terms.
8.1 Partyware warrants that all Products supplied are fit for purpose and use.
8.2 Should any of the Products not meet the Customers requirements for this purpose, then Partyware will replace the Products at no cost to the Customer or provide the Customer with a full refund.