The whole of the Agreement between Aspire Collection Pty Limited ABN 54 611 838 816 ("Aspire Collection") and the customer. By receiving delivery and/or supply of all or a portion of the goods, materials and/or parts and/or labour and/or services supplied by Aspire Collection under these Terms ("Goods"), the Customer shall be deemed to have accepted these Terms and to have agreed that they shall apply to the exclusion of all others.
All goods must be paid for in full including freight prior to dispatch. The final freight cost will be calculated on the total order dispatched.
Prices charged for Goods will be according to a current quotation for those Goods. Otherwise, they will be determined by Aspire Collection by reference to its standard prices in effect at the date of delivery (whether notified to the Customer or not and regardless of any prices contained in the order). Aspire Collection will use its best endeavours to notify the Customer of price changes but bears no liability in respect of this.
Any quotation, acceptance of quotation, purchase order or other document which requires signature may be signed in electronic form, and such signature shall be binding upon the person affixing that signature.
Unless otherwise specified by Aspire Collection, the prices exclude:-
Any variations in the invoice or contract price as a consequence of currency fluctuations shall be payable by the Customer.
The contract between Aspire Collection and the Customer shall not be affected by any impositions or alterations of customs duties or by decisions of the Customs Department with regard to either classification or value of duty or landing charges occasioned thereby. Any such impositions shall be to the account of the Customer.
For an order of less than $150 ex GST & Freight, Aspire Collection reserves the right either to not accept an order or to charge the Customer a handling fee $20 ex GST.
Any times quoted for delivery and/or supply are estimates only and Aspire Collection shall not be liable for failure to deliver/supply, or for delay in delivery/supply. The Customer shall not be relieved of any obligation to accept or pay for Goods, by reason of any delay in delivery/supply or dispatch. Aspire Collection reserves the right to stop supply at any time if the Customer fails to comply with the Terms.
If the Customer directs that delivery of the Goods be staggered over different times or to different addresses from those specified in the Account , then the Customer:-
The Customer is deemed to accept delivery of the Goods where it is either delivered to the Customer's premises or when Aspire Collection notifies the Customer that the Goods are available for collection.
If the Customer is unable or fails to accept delivery of the Goods, Aspire Collection may deliver it to a place of storage nominated by the Customer and, failing such nomination, to a place determined by Aspire Collection. Such action shall be deemed to be delivery to the Customer. The Customer shall be liable for all cost, charge and expense incurred by Aspire Collection on account of storage, detention, double cartage/delivery or similar causes.
Any order that cannot be fulfilled on its receipt will automatically be back ordered and processed when stock becomes available unless it is the Customer's stated standard policy not to accept back orders or the Customer specifically marks its order, "Do Not Back Order", in which case Aspire Collection will remove all unavailable goods from the Customer’s order. Deliveries at any time are subject to availability of stock and Aspire Collection will not be liable for any charges due to product unavailability.
Subject to delivery & supply term above and unless otherwise agreed, Aspire Collection will ship by the least expensive route and carrier to all points. If the Customer chooses a route with a higher charge than the route of Aspire Collection's choice for shipment, Aspire Collection will charge the difference to the Customer.
Aspire Collection provides a business-to-business carrier service. If the Customer requires any additional or enhanced services including, but not limited to delivery to residential premises, or assistance unloading the carrier truck it may be subject to a ‘special delivery’ service from the carrier which will be passed on by Aspire Collection to the Customer.
Returns, Cancellations and Claims
The Customer shall not return any Goods to Aspire Collection without obtaining prior authorisation from Aspire Collection.No returns will be accepted unless a copy of the relevant invoice is enclosed with the returned Goods. A list of the Goods returned including product descriptions, quantity, date of return and the Customer's name and address must also be enclosed. Freight charges must be paid by the Customer. All Goods must be returned in the original packaging and the Customer shall be responsible for all damage incurred during return shipment. A credit note will be issued by Aspire Collection only after Goods returned are either collected by Aspire Collection's authorized representative or agent or returned to it by the Customer as set out above. The Customer shall not deduct the amount of any anticipated credit from any payment due to Aspire Collection but must await receipt of a credit note.
No cancellations or partial cancellation of an order by the Customer shall be accepted by Aspire Collection unless it has first consented in writing to such cancellation or partial cancellation and unless a cancellation charge has been paid which, as determined by Aspire Collection, will indemnify Aspire Collection against all loss, without limitation. Cancellation will not be accepted on goods that are not regular stock which are in the process of manufacture or ready for shipment.
All complaints, claims, or notification of lost Goods, incomplete Goods, Goods damaged in transit or Goods that do not comply with the Customer’s purchase order must be submitted by the Customer to Aspire Collection in writing within seven (7) business days of the date of the invoice rendered for the supply of the Goods. Otherwise, the Customer shall be deemed to have accepted the Goods and shall not refuse to pay for the Goods on the basis that they were lost, incomplete, damaged in transit, or do not comply with the Customer’s purchase order.
The Customer must notify Aspire Collection in writing within seven (7) days of:-
No warranties except those implied and that by law cannot be excluded are given by Aspire Collection in respect of Goods supplied. Where it is lawful to do so, the liability of Aspire Collection for a breach of a condition or warranty is limited to the repair or replacement of the Goods, the supply of equivalent Goods, the payment of the cost of repairing or replacing the Goods or acquiring equivalent Goods, as determined by Aspire Collection.
The Customer acknowledges and warrants that it has relied on its own skill and judgment or, alternatively, on the skill and judgment of tradesmen and professional adviser retained by it to provide advice and assistance on the suitability of the Goods for specific purposes and procedures and, in this respect, shall indemnify Aspire Collection from and against any suit, claim, demand or compensation which, but for these Terms, the Customer may have had against Aspire Collection.
Aspire Collection shall be released from its obligations in the event of national emergency, war, prohibitive governmental regulation or if any other cause beyond the control of the parties renders provision of the Goods impossible, where all money due to Aspire Collection shall be paid immediately and, unless prohibited by law, Aspire Collection may elect to terminate the Agreement.
Privacy Act 1988 (“Privacy Act”)
To enable Aspire Collection to assess the Customer’s application for credit, the Customer authorises Aspire Collection:-
AND in accordance with Section 18N(1) of the Privacy Act the customer authorizes Aspire Collection to give to and obtain from any credit provider named in the accompanying credit application and credit providers that may be named in a credit report issued by a credit reporting agency about the Customer’s credit arrangements. The Customer understands that this information can include any information about its credit worthiness, credit standing, credit history, or credit capacity that credit providers are allowed to give or receive from each other under the Privacy Act.
The customer understands that the information can be used for the purposes of assessing its application for credit (Section 18L(4) Privacy Act), assisting it to avoid defaulting on its credit obligations, assessing its credit worthiness and notifying other credit providers and credit reporting agencies of a default by it, under these Terms.