Terms and Conditions of Trade
These Terms and Conditions (the “Terms”) apply to all supplies of Goods or Services by Nature’s Wonderland Pty Ltd (“Akela”) to the Buyer and replace any previous Terms and Conditions unless otherwise agreed in writing. Akela reserves the right to vary these Terms on 30 days written notice to the Buyer.
2.1 All prices are quoted and payable in Australian dollars and do not include any applicable taxes and duties.
2.2 Quotations and pricing are subject to change without notice.
2.3 The Buyer agrees to pay the price for the Goods and to pay Akela any costs incurred by Akela in connection with supplying the Goods, including without limitation, the costs of packaging, freight, insurance and any applicable taxes and duties, as invoiced by Akela.
3.1 Full payment of the invoice is payable by the Buyer to Akela upon issue of the invoice, unless other terms of payment have specifically been agreed to by Akela in writing.
3.2 Unless otherwise agreed in writing by Akela , the Buyer must pay for the Goods or Services without deduction, set off or counterclaim.
4. Property Retention
4.1 Property and ownership of the Goods will not pass to the Buyer but will remain with Akela until payment of the purchase price of the Goods and of all other amounts owing by the Buyer to Akela.
5. Delivery and Returns
5.1 Delivery dates indicated by Akela on acceptance of a Buyer’s order are approximate only and do not constitute guarantee of delivery or delivery by such date.
5.2 The risk of the Goods shall pass to the Buyer upon delivery to a shipping company by Akela .
5.3 The Buyer must check the Goods delivered against any shortfall in delivery, breakages or damage to the Goods. Visible faults or defects present at the time of delivery must be noted to Akela within 48 hours of delivery.
5.4 Akela will only accept returned goods from the Buyer for credit or exchange if:
i. the Buyer completes a return request in the form required by Akela;
ii. Akela issues the Buyer with a return authorisation number; and
iii. Akela inspects the Goods and agrees, in its absolute discretion, that the Goods are defective or faulty.
5.5 If Akela refuses to exchange or issue a credit note under subclause 5.4 iii. Akela may charge a fee of 20% of the invoiced price of the Goods for the costs of processing the Buyer’s requested return of Goods.
5.6 Akela reserves the right to charge the Buyer for freight where any return or claim for credit or exchange is rejected.
6. Loss and Damage in Transit
6.1 To the full extent permitted by the law, Akela is not liable for loss or damage to the Goods in transit caused by any event of any kind by any person (whether or not Akela is legally responsible for the person who caused or contributed to the loss or damage).
6.2 Akela will endeavour to assist the Buyer to press claims on the carrier, where the Buyer has:
i. notified Akela of the loss or damage in accordance with clause 5.3;
ii. notified the carrier immediately upon discovering the loss or damage; and
iii. lodged a claim for compensation with the carrier within the following 3 days.
7. Limitation of Liability
7.1 Except as otherwise provided in these Terms, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise relating in any way to the supply of Goods are excluded to the fullest extent permitted by law.
7.2 To the fullest extent permitted by law, the liability of Akela for a breach of any non-excludable rights or any express warranty is limited, at Akela’s option, to:
i. the replacement value of the Goods or supply of equivalent goods;
ii. the repair of the Goods;
iii. the payment of the costs of replacing the Goods or of acquiring equivalent goods; or
iv. the payment of the cost of having the Goods repaired.
7.2 Despite any other provision in these Terms, Akela will not be liable for any consequential, indirect or special loss, or loss of profits or revenue, loss of business opportunity, loss of production or loss of goodwill, suffered by the Buyer whether arising from or in connection with the supply of Goods or anything incidental to the supply of Goods.
8.1 The Buyer indemnifies and holds Akela harmless against any liability, claim, action, damage, loss, cost, charge, expense, outgoing or payment suffered or incurred by Akela (including, but not limited to, economic loss and all legal costs and disbursements on a full indemnity basis) caused by the Buyer and/or any wilful, illegal or negligent act or omission by the Buyer.
9.1 The Goods supplied under these Terms are packaged for sale in Australia. The Buyer must not directly or indirectly export any of the Goods from Australia or sell or distribute any of the Goods to any person that knows or has reasonable grounds to believe, will or may export the Goods from Australia.
9.2 The Buyer must not sell or resupply the Goods by way of Auction or Marketplace websites without the prior written consent of Akela.
10.1 Akela may immediately terminate or cease supply of the Goods in whole or in part at any time on notice to the Buyer.
11. Intellectual Property
11.1 The Buyer must not do or permit any act or thing which might in any way impair Akela’s goodwill or other rights, or which might otherwise damage or endanger or prejudice Akela’s reputation.
11.2 Akela does not grant any licence or right in all or any part of its intellectual property, trademarks or documentation.
12. Joint and Several Liability
12.1 If the Buyer comprises of 2 or more persons, each is jointly and severally liable for obligations and liabilities under these Terms.
13. Changes to the Buyer
13.1 The Buyer must give Akela prior written notice of any change to its name, ownership or business operations, including any change to the Buyer’s methods of supply or on sale of the Goods and any change that would require lodgement of a financing change statement on the PPSA register.
14.1 Akela may amend these Terms by providing the Buyer with notice. Goods purchased by the Buyer from Akela after providing such a notice to amend these Terms are construed as and is evidence of the Buyer’s acceptance of the amended Terms.
15.1 Akela may assign its rights or novate its rights and obligations under these Terms in its full discretion to any person without the consent of the Buyer.
15.2 The Buyer may not assign or otherwise transfer any of its rights under these Terms without the prior written consent of Akela.
16.1 Any variations and consequential amendments to the price must be approved in writing by Akela.