Terms and Conditions of Trade – Polyaire Online Store

1. Definitions

1.1         “Australian Consumer Law” means the law as set out in Schedule 2 of the Competition and Consumer Act 2010.

1.2         “Business Days” means any day that is not a Saturday, Sunday or public holiday in South Australia.

1.3         “Buyer” shall mean the purchaser of the Goods from the Seller and includes any servants, agents, or contractors acting on behalf of the Buyer where the context permits.

1.4         “Conditions” means these terms and conditions of trade of the Seller.

1.5         “Consequential Loss” includes any loss of data or profits, loss of anticipated savings, economic loss or interruption of business or any other indirect consequential loss.

1.6         “Consumer” means a “consumer” as that term is defined in Section 3 of the Australian Consumer Law.

1.7         “Consumer Guarantees” means the consumer guarantees under the Australian Consumer Law.

1.8         “Contract” means a contract for the supply of the Goods in accordance with these Conditions, as evidenced by the placing of an Order in accordance with clause 3.

1.9         “Guarantor” means that person (or persons), or entity who agrees herein to be liable for the debts of the Buyer on a principal debtor basis.

1.10      “Goods” shall mean the Goods supplied by the Seller to the Buyer from time to time including but not limited to any air conditioner/s, air conditioning products and/or air conditioning related products as outlined in any Quotation, Order, invoice, work authorization or any other request made in writing by the Buyer to the Seller for the supply of Goods.

1.11      “GST” means Goods and Services Tax.

1.12      “Implied Terms” means any guarantees, conditions, warranties or other terms implied by any Australian Commonwealth, State or Territory laws (excluding the Australian Consumer Law), or the laws of any other jurisdiction.

1.13      “Order” means any order placed by the Buyer through the Website for the Seller to supply the Goods, which order is placed once the Seller reviews the Goods and Price and proceeds with payment of the Order.

1.14       “Polyaire Warranties” means the warranties provided by the Seller for Goods manufactured by them as outlined in clause 11.

1.15      “PPSA” means the Personal Property Securities Act 2009.

1.16      “Price” shall mean the cost of the Goods advertised on the Website and outlined in the Order subject to clause 4 of this Contract.

1.17      “Seller”shall mean Polyaire Pty Ltd ACN 007 673 690 and includes its successors and assigns.

1.18       “Warranty Period” means the warranty period offered by the Seller for the Polyaire Warranties being:

(a)      For flexible ducting – Ten (10) years for domestic use and one (1) year for commercial use;

(b)      For plastic components – Ten (10) years for domestic use and one (1) year for commercial use;

(c)      For zone motors and controls – Five (5) years for domestic use and one (1) year for commercial use; and

(d)      For Derby branded reverse cycle air-conditioning units - Five (5) years for domestic use and one (1) year for commercial use.

1.19      “Website” means https://store.polyaire.com.au, or any other website operated by the Seller.

2. General

2.1        These Conditions apply to all Goods supplied and provided by the Seller as from the acceptance date in accordance with clause 3 and the Buyer is deemed to have read and agreed to these Conditions prior to the placing of any Order.

2.2        These Conditions shall prevail over all inconsistencies in any Order, unless the Seller expressly agrees otherwise and that agreement is acknowledged in writing.

2.3        The Seller reserves the right to vary, add or substitute these Conditions from time to time and any such variations to these Conditions will have effect from the date of publication of such change to the Seller’s customers. The Buyer must accept such amendment if the Contract is currently in operation otherwise the terms will not apply to any Contract that is already in operation.

2.4        None of the Seller’s agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the manager of the Seller in writing nor is the Seller bound by any such unauthorised statements.

3. Acceptance of the Contract

3.1        The Buyer is deemed to have accepted these Conditions and a Contract by placing an Order through the Website.

3.2        For the purpose of these Conditions, a Buyer is deemed to have placed an Order when the Buyer confirms through the Website order process that the Goods and Price are correct and proceeds to make payment of the Price.

3.3        Where more than one Buyer has entered into a Contract, the Buyers’ shall be jointly and severally liable for all payments of the Price.

3.4        Upon entering into a Contract the Conditions are irrevocable and can only be rescinded in accordance with these Conditions or with the written consent of the manager of the Seller.

4. Price, GST and Payment

4.1        All amounts payable to the Seller by the Buyer must be paid in Australian dollars without set-off of any amounts that may be due from the Seller on or before the due date for payment.

4.2        Unless otherwise stated any prices quoted by the Supplier are exclusive of GST.

4.3        GST is to be applied to all provision of Goods made by the Seller and the amount payable by the Buyer will be increased by a percentage equal to the prevailing of GST rate at the time of an Order being placed.

4.4        The Seller reserves the right to charge the Buyer for costs incurred resulting from the Buyer varying its instructions, correcting any errors or omissions or requiring Goods urgently.  The Seller also reserves the right to charge for any additional Goods that may be requested by the Buyer. 

4.5        Payment is to be made by the Buyer at the time of placing the Order.

4.6        Payment is to be made by the Buyer to the Seller through PayPal Merchant Services, or such other payment portal mechanism that may be provided on the Website by the Seller, and payment shall not be taken to occur until such monies are received and cleared in full.

4.7        The Seller reserves the right to update any pricing from time to time and this will be immediately updated on the Website.

4.8        The Seller reserves the right to request additional identification or certification of identity documents from a Buyer for any Order before the Seller arranges for the dispatch of Goods for such Order.  The Seller will request such documentation from the Buyer in writing by the email address provided by the Buyer.

5. Default and Consequences of Default

5.1        Any costs or charges incurred by the Seller in collecting or attempting to collect overdue amounts must be paid by the Buyer to the Seller on demand, including any costs incurred by the Seller to enforce its rights under the PPSA.

5.2        The Seller reserves the right to charge interest at a rate of 2.5% per calendar month on all overdue amounts owing to it.  Such interest will accrue daily and is payable on demand.

5.3        Without prejudice to any other remedies the Seller may have, if at any time the Buyer is in breach of any obligation (including those relating to payment), the Seller may suspend or terminate the supply of Goods to the Buyer and any of its other obligations under a Contract. The Seller will not be liable to the Buyer for any loss or damage the Buyer suffers because the Seller exercised its rights under this clause.

6. Delivery of Goods

6.1        Delivery of the Goods shall be made to the address provided by the Buyer in the Order.

6.2        The Seller will specify in the Order whether or not the cost of delivery is included in the Price.

6.3        Any price quoted for delivery is an estimate only and will be subject to the Seller confirming the costs of delivery once the Goods are ready to be dispatched to the Buyer.  If the actual cost of delivery is different from the estimate, then the Seller reserves the right to advise the Buyer of the variation in delivery cost and:

(a)      if the Buyer is paying for delivery, then the Seller will give the Buyer the option of proceeding with the Order at the new delivery price or cancelling the Order; or

(b)      if the Seller is paying for delivery, then the Seller will give the Buyer the option to either pay the variance from the cost of delivery previously estimated. If the Buyer chooses not to pay the variance, the Seller may cancel the Order under clause 15.1.

6.4        The Seller may at its option deliver Goods by portion unless otherwise agreed in writing by the parties.

6.5        Goods delivered to site shall be at the Buyer’s risk and will be deemed to be delivered upon appearing on a delivery schedule.

6.6        The Buyer is responsible to insure the Goods from the time that they are delivered to them.

6.7        Subject to clause 6.8, the Buyer shall take delivery of the Goods tendered notwithstanding that the quantity so delivered shall be either greater or less than the quantity purchased provided that:

(a)      such discrepancy in quantity shall not exceed 5% of the total number of Goods ordered by the Buyer; and

(b)      the Price shall be adjusted pro rata to the discrepancy.

6.8        If the total number of Goods received is in excess of the number ordered by the Buyer then the Buyer can choose to return the excess Goods to the Seller or can elect to keep these Goods at the additional cost payable for such Goods.  If the additional Goods received are not returned to the Seller by the Buyer within seven (7) days of delivery, or the Buyer does not notify the Seller in writing within this timeframe of its intention to return the Goods, then the Buyer is deemed to have accepted the original Goods and agreed to make payment to the Buyer for such Goods.

6.9        The failure of the Seller to deliver the Goods shall not entitle either party to treat this contract as repudiated unless such failure to deliver exceeds ninety (90) days of any proposed timeframe for delivery as outlined in clause 15.2(a).

6.10     Timeframes for delivery are estimates only, and the Seller shall not be liable for any loss or damage whatsoever due to failure by the Seller to deliver the Goods (or any of them promptly or at all).

7. Shortage and Non-conforming Supply

7.1        The Seller will endeavour to ensure that the Goods conform with descriptions contained in any drawings, catalogues, literature and advertising materials.

7.2        The Seller reserves the right to supply Goods which do not conform with descriptions referred to in clause 7.1 or the Buyer’s order for the Goods provided that such non conformity is not material.

7.3        The Buyer waives any claim for shortage of any Goods delivered or failure to supply Goods conforming with the Order if a claim for short delivery or failure to supply Goods conforming with any Order has not been lodged with the Seller within seven (7) days from the date of delivery of Goods by the Buyer.  Any claim must be submitted in writing to the Seller.

8. Risk

8.1        Whilst the Seller may retain title in the Goods as per clause 14 , all risk for the Goods passes to the Buyer once the Goods are dispatched for delivery.

8.2        If any of the Goods are damaged or destroyed prior to title in them passing to the Buyer, the Seller is entitled, without prejudice to any of its other rights or remedies under these Conditions (including the right to receive payment of the balance of the Price for the Goods), to receive all insurance proceeds payable for the Goods. The production of a Contract by the Seller is sufficient evidence of the Seller’s rights to receive the insurance proceeds.

9. Returns and Defects

9.1        The Buyer must inspect all Goods provided on delivery to the Buyer and within three (3) Business Days of delivery of the Goods notify the Seller in writing of any evident defect/damage, shortage in quantity or failure to comply with the description or Order.  The Buyer must provide the Seller with a reasonable opportunity to modify and/or repair any defect or damage to the Goods.  Failure to notify the Seller within this timeframe will deem the Goods to be defect free and accepted by the Buyer.

9.2        The Seller is not under any duty to accept Goods returned by the Buyer and will do so only on terms to be agreed in writing in each individual case.

9.3        Nothing in clause 9.2 affects the Buyer’s rights under the Australian Consumer Law or in respect of any breach of Implied Terms.

9.4        Goods made to special order for the Buyer or non-catalogue items are not eligible to be returned.

10. Australian Consumer Law

10.1     Notwithstanding anything in these Conditions to the contrary, where the Buyer purchases Goods as a Consumer:

(a)      the Goods are supplied subject to the Consumer Guarantees;

(b)      if the Goods fail to meet any Consumer Guarantee, the Buyer will be entitled to such rights and remedies as are permitted or provided in the Australian Consumer Law for such failure, to the extent that such rights and remedies cannot be lawfully excluded;

(c)      the Buyer may only exercise any right or remedy for breach of a Consumer Guarantee strictly in accordance with the rights and responsibilities of the Buyer under the Australian Consumer Law;

(d)      where Goods are not of a kind ordinarily acquired for personal, domestic or household use or consumption then, unless the Seller is a manufacturer of the Goods under the Australian Consumer Law, the Seller’s liability for breach of a Consumer Guarantee subject to the Australian Consumer Law is limited at the Seller’s option to repairing or replacing the Goods, supplying equivalent goods or paying the costs of the repair or replacement of the Goods or of acquiring equivalent goods.

10.2     Where the Buyer resupplies Goods to a Consumer and the Goods are not ordinarily acquired for personal, domestic or household use or consumption, the Seller’s liability to the Buyer in connection with any breach of a Consumer Guarantee in respect of the Goods is subject to the Australian Consumer Law, is limited to paying to the Buyer an amount equal to the costs of replacing the Goods, supplying equivalent goods or having the Goods repaired, whichever is the lowest amount.

11. Polyaire Warranties

11.1     Nothing in this clause 11 affects the Buyer’s rights under the Australian Consumer Law as outlined in clause 10. The benefits to the Buyer under the Polyaire Warranties are in addition to the rights and remedies of the Buyer under any Consumer Guarantee.

11.2     The Polyaire Warranties only apply for Goods that are manufactured by the Seller and do not apply to Goods that are manufactured by a third party.

11.3     Subject to clauses 11.1 and 11.2, the Seller warrants that the Goods will be free of manufacturing defects.

11.4     The benefit of the Polyaire Warranties extend only to the original and first owner of the property in which the Goods are installed (Owner) for the duration of the Warranty Period.

11.5     The Polyaire Warranties commence on the date of purchase of the Goods and apply for the Warranty Period.

11.6     If, within the Warranty Period, a manufacturing defect is discovered in the Goods or the Goods fail to perform to the Seller’s specifications as a result of some defect in material or workmanship in the Goods (Defect) then the Seller will, at its election, either repair or replace the Goods at the cost of the Seller (excluding costs of de-installation, re-installation and testing including but not limited to labour and travel costs) or refund the all or part of the price paid by the Buyer (which will be pro-rated by the Buyer taking into consideration the number of years since the Buyer originally purchased the Goods). Goods repaired or replaced under the Polyaire Warranties will be warranted for the remainder of the Warranty Period.

11.7     The Polyaire Warranties will not apply to Goods:

(a)      installed, repaired or maintained by any person other than a qualified tradesperson; or

(b)      subjected to misuse, neglect, negligence, accidental damage or act of God (including but not limited damage caused by fire, flood, infestation by insects, vermin or rodents); or

(c)      operated in any way contrary to any operating or maintenance instructions, quote or order form; or

(d)      improperly handled, installed or maintained; or

(e)      altered or modified prior to or after installation;  or

(f)       used after any Defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or

(g)      exposed to any operating circumstances that could cause damage (including but not limited damage caused to external surfaces and refrigeration coils in a corrosive environment); or

(h)      removed and reinstalled at another site; or

(i)       fitted with any non genuine spare part; or

(j)       hired to any person; or

(k)      installed in a mobile application (including but not limited to a caravan or boat); or

(l)       damaged as a result of faulty or incorrect wiring, incorrect power supply, voltage fluctuations, over voltage transients, electromagnetic interference, or replaced fuses, improper storage; or

(m)    in respect of which any serial number is altered or removed.

11.8     The Polyaire Warranties do not apply to:

(a)      faulty or defective design of Goods unless the Seller has designed the Goods and the Seller expressly accepts responsibility for such design in writing; or

(b)      fair wear and tear of Goods (including but not limited to fair wear and tear of consumables such as batteries, filters, and air purifiers); or

(c)      discolouration of any plastic components.

11.9     In order to make a claim under the Polyaire Warranties, the Owner must return the Goods to one of the Seller’s retail stores together with proof of purchase, or on such other terms as may be agreed in writing by the Seller.

11.10   The Seller will examine any returned Goods and if the Seller determines that there is an apparent defect through no fault of the Owner and the Goods are otherwise undamaged, the Seller will:

(a)      record the Owner’s contact details (including postal address, email address and telephone number);

(b)      record details of the apparent defect;

(c)      take possession of the returned Goods and determine within a reasonable time of return whether the returned Goods are defective;

(d)      notify the Owner within a reasonable time of return whether it accepts or rejects the return of the Goods; and

(e)      if the Seller accepts the return of the Goods, repair or replace the Goods or refund the all or part of the purchase price (in accordance with clause 11.6) in accordance with the Polyaire Warranties.

11.11   The Seller reserves the right to not accept any Goods which have not been returned in accordance with the Polyaire Warranties.

11.12   The Owner will be responsible for all costs of returning Goods to the Seller and for collection or re-delivery of the Goods (whether original or repaired and/or replacement Goods) once they are repaired or replaced and any other expenses of the Owner in claiming under the Polyaire Warranties.

11.13   The Seller will not be responsible for:

(a)      any loss or damage to the Goods occurring while the Goods are in transit (either on return to the Seller or upon redelivery to the Owner of the original, repaired or replacement Goods); or

(b)      any loss or damage caused by any delay assessing the Buyer’s claim; or

(c)      any loss or damage caused by any delay repairing or replacing any Goods.

12. General Limitation on Liability

12.1     This clause 12 does not limit the liability of the Seller under the Australian Consumer Law.

12.2     The Seller shall not be liable for any guarantee, warranty or representation as to the quality, performance, and fitness for purpose or otherwise of any Goods unless expressed in writing and any such warranty or representation is limited to its express terms.

12.3     None of the Implied Terms apply to any Contract except to the extent that they cannot be lawfully excluded.

12.4     The Seller’s liability for breach of any provision of any such Contract or for breach of any Implied Terms which by force of law cannot be excluded from applying to any Contract is limited at the option of the Seller to repairing or replacing Goods which have been found defective, or paying the cost of repairing or replacing Goods which have been found defective.

12.5     The Seller is not liable in tort for any loss or damage suffered by the Buyer or by any third party.

12.6     In no circumstance whatsoever shall the Seller be liable to the Buyer or to any third party for any Consequential Loss arising out of the late delivery of Goods or any failure to perform or observe the Seller’s obligations under these Conditions or any Contract or Implied Terms and the Buyer will keep the Seller fully indemnified against any claim made against the Seller by a third party for any Consequential Loss.

12.7     In no circumstance is the Seller liable to the Buyer or to any third party for any costs incurred in providing safe access to the Goods.

13. Intellectual Property

13.1     Where the Seller has designed or drawn Goods for the Buyer, then the copyright in those designs and drawings shall remain vested in the Seller, and shall only be used by the Buyer at the Seller’s discretion.

13.2     Where the Buyer has supplied drawings, the Buyer acknowledges and agrees that is it the owner of such drawings or the intellectual property in such drawings, or it has been granted a license to provide these drawings to the Seller, and the Buyer will indemnify and release the Seller from any and all liability, loss, damage or claim that may be made by the owner of the drawings if such drawings are provided to the Seller without the owner’s consent or licence.

13.3     Where any designs or specifications have been supplied by the Buyer for manufacture, by or to the order of the Seller, then the Buyer warrants that the use of those designs or specifications for the manufacture, processing, assembly or supply of the Goods shall not infringe the rights of any third party.

13.4     The Buyer warrants that all designs or instructions to the Seller will not cause the Seller to infringe any patent, registered design or trademark in the execution of the Buyer’s order.

14. Title to Goods and PPSA

14.1     Title to and property in the Goods will not pass until the Buyer has paid all monies owed to the Seller on any account whatsoever and the Buyer has met all other obligations due by the Buyer to the Seller in respect of all contracts between the Seller and the Buyer.

14.2     Until the Buyer has paid all moneys owed to the Seller:

(a)      the Buyer must indemnify the Seller against any loss, theft or damage to the Goods arising after delivery to the Buyer;

(b)      the Seller retains a purchase money security interest in the Goods and the proceeds of the sale of the Goods under the PPSA;

(c)      the relationship of the Buyer to the Seller is a fiduciary in respect of the Goods and accordingly:

i.       the Buyer must store the Goods in such a way that can be recognised as the property of the Seller;

ii.       upon any resale of the Goods by the Buyer the Seller will have the right to trace the full proceeds of the sale; and

iii.       the Buyer must account to the Seller for such proceeds of sale and the Seller may recover from such proceeds of sale any moneys then owing to the Seller on any account whatsoever.

(d)      the Seller reserves the right to enter upon any premises for the purpose of repossessing the Goods without prejudice to any other right of recovery available and the Buyer grants the Seller a licence to enter such premises for the purpose of exercising such right.

14.3     The Buyer must do all things reasonably required by the Seller in respect of the registration of the Seller’s interest in the Goods under this clause or the enforcement of the Seller’s rights under the PPSA in respect of the Goods.

14.4     To the extent permitted under the PPSA, the Buyer waives any rights the Buyer has to:

(a)      receive notices and statements from the Seller under the PPSA;

(b)      claim damages against the Seller under section 271 of the PPSA;

(c)      redeem the Goods under section 142 of the PPSA; and

(d)      reinstate the Seller’s security interest in the Goods under section 143 of the PPSA.

14.5     To the extent permitted under the PPSA:

(a)      the enforcement of the Seller’s security interest in the Goods shall be governed by these Conditions or a Contract; and

(b)      the Seller and the Buyer contract out of the provisions of the PPSA in respect of the enforcement of such security interest.

14.6     It is further agreed, without prejudice to the Seller’s rights under the PPSA, that:

(a)      until such time as ownership of the Goods shall pass from the Seller to the Buyer the Seller may give notice in writing to the Buyer to return the Goods or any of them to the Seller. Upon such notice the rights of the Buyer to obtain ownership or any other interest in the Goods shall cease;

(b)      the Buyer shall not deal with the money of the Seller in any way which may be adverse to the Seller;

(c)      upon resale of the Goods by the Buyer the Seller will have the right to trace the full sale proceeds;

(d)      that receipt by the Seller of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then, the Seller’s ownership in respect of the Goods shall continue;

(e)      the Buyer shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of the Seller; and

(f)       until such time the Buyer has the Seller’s authority to convert the Goods into other products and if the Goods are so converted, the parties agree that the Seller will be the owner of the end products.

(g)      Upon the sale of the Goods to a third party by the Buyer, the legal and equitable title shall pass directly from the Seller to the third party purchaser, and these Conditions and the terms of a Contract will apply until such time as the Buyer has made payment in full to the Seller for the Price.

15. Cancellation

15.1     The Seller may cancel than Order at any time before the Goods are delivered by giving written notice to the Buyer. On giving such notice the Seller shall repay to the Buyer any sums paid in respect of the Goods but the Seller will not have any other liability to the Buyer in respect of such cancellation.

15.2     The Buyer may cancel this Contract by providing written notice to the Seller of such cancellation if any of the following occurs:

(a)      the Seller is unable to deliver the Goods within ninety (90) days of any specified timeframe for the delivery of Goods; or

(b)      in accordance with clause 4.7 of this Contract.

15.3     The Buyer may also cancel this Contract if the Seller provides their prior written consent of the cancellation and the Goods have not been dispatched for delivery.

15.4     In the event that a Buyer cancels an Order otherwise than under clauses 15.2 or 15.3:

(a)      the Seller may retain any deposit or other sums paid for the Goods; and

(b)      if payment is not already made in full, the Buyer will be responsible for any losses incurred by the Seller in respect of such cancellation (including loss of profits, loss of anticipated savings, economic loss or interruption of business loss or other incidental, consequential or indirect damages).

15.5     In the event that a Buyer cancels an Order under clause 15.2, the Seller will repay to the Buyer any sums paid in respect of the Goods.  The Seller will not have any other liability in respect of such cancellation.

15.6     Under no circumstances can a Buyer cancel an Order for Goods that are special order once production of these Goods has commenced.

16. Privacy

16.1     The Buyer hereby authorises the Seller to collect, retain, record, use and disclose consumer and/or commercial information about the Buyer, in accordance with the Privacy Act 1988 (Cth), to persons and/or legal entities who are a solicitor or any other professional consultant engaged by the Seller including but not limited to a debt collector, financial advisor, accountant, credit check organisation and/or any other individual or organisation which maintains credit references and/or default listings.

16.2     The Buyer also authorises the Seller to make enquiries with respect to the Buyer’s consumer and commercial credit worthiness, to exchange information with other credit providers in respect of previous consumer and commercial defaults of the Buyer and to notify other credit providers of a consumer and/or commercial default by the Buyer.

16.3     For all other privacy matters please refer to the Seller’s Privacy Policy on their website, as may be amended from time to time.

17. Dispute Resolution

17.1     Any dispute between the parties arising from the performance of the provisions of these Conditions or a Contract and any invoices for payment issued by the Seller to the Buyer must be attempted to be settled between the parties by an authorised representative with authority from each party meeting within fourteen (14) days of notification of a dispute in writing from one party to the other party.  Such meeting is to take place within the state of South Australia at a place nominated by the Seller, or in any other location outside of South Australia as may be nominated by the Seller in writing.

17.2     If the meeting referred to in clause 17.1 does not result in the settlement of the dispute between the Seller and the Buyer, the dispute may then be referred to mediation, if agreed by both parties.  The mediator is to be appointed by agreement between the parties and in the event that the parties agree to mediate but within seven (7) days of agreeing to such mediation cannot agree to the mediator to be appointed then the mediator is to be appointed by the then current President of the Law Society of South Australia.  The costs of any mediation are to be borne equally between the parties.

17.3     If the dispute cannot be settled through mediation or the parties do not both consent to a mediation, then either party is at liberty to commence legal proceedings.

17.4     During the period in which the dispute is being resolved, the parties must continue to perform all of the provisions of a Contract not under dispute.

18. General

18.1     If any term of these Conditions shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

18.2     All Goods supplied by the Seller are subject to the laws of South Australia and the Seller takes no responsibility for changes in the law which affect the Goods supplied.

18.3     This Contract is made in the State of South Australia and the Buyer and the Seller agree that, unless otherwise stipulated by the Seller, all disputes arising between them shall be submitted to the court of the State of South Australia and any court competent to hear appeals from those courts of first instance.

18.4     In the event of any breach of these Conditions or a Contract by the Seller the remedies of the Buyer shall be limited to damages. Under no circumstances shall the liability of the Seller exceed the Price.

18.5     The Seller may license or sub-contract all or any part of its rights and obligations of a Contract without the Buyer’s consent however if the Buyer wishes to do the same it must first obtain the written consent of the Seller.

18.6     Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.

Polyaire Pty Ltd ACN 007 673 690  |  11 – 13 White Road Gepps Cross South Australia 5094  |  (08) 8349 8466  |  https://store.polyaire.com.au   |  business@polyaire.com.au