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Conditions of Use

General

These conditions apply to all sales by CERNAT Collectables ("the Business") to each customer. The customer acknowledges that by accepting a quotation from the Business, submitting a written order to the Business, submitting an account application form to the Business or accepting a delivery of goods from the Business, the customer shall be deemed to have accepted these conditions of sale and agree that they shall apply to the exclusion of all others.

Orders and Prices

All orders will be delivered at the Business's prices prevailing at the place and time of delivery. All prices are subject to change without notice. All sales will be on an ex Business's warehouse and the Business reserves the right to vary any delivery and freight arrangements at any time.

Payment

Payment is to be made in accordance with the “Payment Terms & Conditions Policy”. Payments must be received in full prior to shipping of the order. The Business reserves the right to vary payment terms or withdraw approval of a credit account at any time.

Risk and Ownership

The risk in all goods shall pass to a customer on delivery by the Business. Property in the goods shall not pass to the customer until all moneys owing by the customer to the Business on any account shall have been paid. Until property shall pass to the customer the latter shall hold and maintain the goods as bailee of the Business in the packaged and identifiable form in which the goods were delivered to the customer. The customer irrevocably authorises the Business to enter on any premises occupied by the customer without previous notice to the customer and to re-take possession of the goods if the customer shall

(a) default in payment of any moneys due to the Business; or

(b) commit an act of insolvency or bankruptcy.

Warranty

Subject to any relevant legislation, all warranties whether express, implied or otherwise are excluded and the Business will not be liable in respect of any loss or damage whatsoever. The customer must assure itself prior to purchase that the goods are suited for their intended use. In particular the customer acknowledges that there is no warranty that the goods will be colourfast or dry-cleanable.

Claims

The Business shall be released from any claims unless received by the Business in writing within 7 days after the date of delivery. No goods are to be returned to the Business without prior authorisation by the Business. Any agreed returns must be in the same condition as supplied and in the unit quantity and packaging as supplied. Agreed returns at the Business’s discretion shall be subject to a 15% restocking charge.

Applicable Law

The parties agree that the construction and interpretation of the above terms and conditions and also the arrangements arising there from shall be governed by the laws of the State of South Australia.

 

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