All transactions are processed in Australian dollars.
1. Conditions Applicable
1.1 The Company reserves the right to add to, alter, amend or withdraw at any time without notice any of these Terms and Conditions (“Conditions”).
1.2 All orders for goods until accepted or rejected at its discretion by the Company shall be deemed to be an offer by the Buyer to purchase goods pursuant to these Conditions and all goods are offered subject to availability.
1.3 Whilst the Company has attempted to ensure that the information within its catalogues, website and other publications are correct at the time of publication they do not form part of any contract for the sale of goods. For technical reasons colour illustrations should be viewed as a guide only.
1.4 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.
1.5 In these Terms and Conditions ‘Business Day’ means Monday to Friday in each week except any Public Holiday in the Company’s place of business or such other days when the Company’s sales of ce is closed.
2. Orders, Specifications and Returns
2.1 The Company reserves the right to make any changes in the specification of the goods which are required to conform with any applicable safety or other statutory requirements, or where the goods are to be supplied to the Company’s specification which do not materially affect their quality or performance. Whilst the Company will endeavour to supply the product ordered, the Company reserves the right to supply office products of a comparable specification without notice and to vary to a reasonable extent the quantities delivered from those ordered to conform with the Company’s or its ‘suppliers’ standard packaging.
2.2 The Goods sold by the Company are at its discretion categorised as: (i) Catalogue products ordinarily held in stock by the Company for direct delivery. (ii) Catalogue products not ordinarily held in stock by the Company and delivered by the Company’s suppliers. (iii) Specifics, being non catalogue products ordinarily held in stock by the Company. (iv) Specials, being non catalogue products not ordinarily held in stock by the Company.
2.3 Any non-returnable goods sold by the Company and indicated by appropriate text are strictly not returnable.
2.4 Orders for Catalogue office products may be cancelled at any time prior to the dispatch of the goods. Orders for other office/furniture products may only be cancelled with the written agreement of the Company.
2.5 The Company shall credit the Buyer for Catalogue office products which are returned within 30 days of delivery provided always that the goods remain unopened and are returned in their original packaging and in the condition in which they were originally delivered otherwise the Company shall have the sole discretion not to accept the return of goods. Non Catalogue of ce products (or Specials and/or Specifics) cannot be returned for credit. For Health & Safety reasons, no consumable food products may be accepted for return. All furniture items are non-returnable. Orders for furniture items marked as direct delivery can not be cancelled or modified once the order has been received.
3. Price and Payment
3.1 The Company’s policy is to offer competitive prices. The price of the goods shall be the price stipulated in the Company’s price list current at the date of dispatch of the goods. The Company will, wherever it is practical to do so, notify price changes prior to their implementation.
3.2 Prices quoted are inclusive of GST. 3.3 The Buyer shall pay the price of the goods within 30 days of the date of the Company’s invoice.
3.4 The Company reserves the right to refuse or cancel orders for goods if the terms of payment are not adhered to by the Buyer.
3.5 If the Buyer fails to pay a Company’s invoice on the due date for payment then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to charge the Buyer:- (i) Interest on the amount unpaid at the 90 Day Bank Bill rate plus 2% per annum until payment in full of the outstanding amount is made. (ii) All expenses incurred by the company in recovering any outstanding monies including debt collection commission, charges and legal fees.
4. Risk and Property
4.1 Risk of damage to or loss of the goods shall pass to the Buyer at the time of delivery.
4.2 Notwithstanding delivery and the passing of risk in the goods or any other provision of these Conditions, legal ownership to the goods or any part thereof shall not pass to the Buyer until:- (i) The Company has received payment of all invoiced amounts that are owed due and payable by the Buyer to the Company for goods supplied. or (ii) The Company serves notice in writing on the Buyer specifying that legal ownership of the goods or any speci ed part thereof has passed to the Buyer. Until legal ownership to the goods has passed, the Buyer shall possess the goods or any part thereof as a bailee of the Company and shall store the goods or any part thereof in the same state and condition in which they have been delivered separately from other goods so as to ensure that they are clearly identifiable as the property of the Company.
4.3 The Company shall be entitled to recover the goods in respect of which legal ownership has not passed to the Buyer at any time and the Buyer hereby licenses the Company, its of cers, employees and agents to enter upon any premises of the Buyer for the purpose either of satisfying itself that clause 4.2 hereof is being complied with by the Buyer or recovering any goods in respect of which legal ownership has not passed to the Buyer.
4.4 Until such time as the legal ownership to the goods passes to the Buyer, the Buyer shall be entitled to use the goods.
5. Warranties and Liability
5.1 The Buyer shall notify the Company of claims that goods sold by the Company are defective as follows: (i) For all goods identified in the Catalogue with a warranty symbol and found to be defective within the warranty period indicated by the symbol, the Buyer shall follow the instructions on pages 514-515. (ii) For all other goods found to be defective within 1 year of delivery, the Buyer shall contact the Company’s Customer Service on 1300 36 36 08.
5.2 Where any valid claim in respect of any goods which is based on any defect in the quality or condition of the goods or their failure to meet specification is notified to the Company in accordance with these conditions, the Company will repair or replace the goods (or the part in question) free of charge, or, at the Company’s sole discretion, refund to the Buyer the price of the goods (or proportionate part of the price), but the Company shall have no further liability to the Buyer.
5.3 Except as expressly provided on these Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
5.4 The Buyer, when ordering via the Company’s website, must ensure it has in place virus protection as the Company does not accept any liability for viruses transmitted or passed to the Buyer through use of the Company’s website.
5.5 The Company shall not be liable to the Buyer by reason of any representation or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever which arise out of or in connection with the supply of the goods or services or their use or resale by the Buyer.
6.1 These Conditions shall be governed by the laws of Australia and the parties submit to the exclusive jurisdiction for the Australian courts in relation to any dispute hereunder.
7.1 The company reserves the right to charge for delivery of the products at any time, not withstanding that it may not have previously done so. Administrative fees may also be imposed for orders under certain dollar values.
Lyreco Ink & Toner Satisfaction Guarantee
1. Lyreco Ink & Toner Satisfaction Guarantee – Limitation of Liability
2. The Company warrants that it will meet the reasonable repair or replacement costs (“the Costs”) to repair or replace printing equipment damaged as a direct and immediate result of defective labour materials or techniques used in the process of remanufacturing “LYRECO” ink or toner cartridge units in accordance with the following terms and conditions.
(a) The costs will be limited to those necessary to reinstate the printing equipment to its condition immediately prior to the installation of the “LYRECO” cartridge unit.
(b) The costs will be limited to those necessary to repair damage to the printing equipment directly and immediately caused by the “LYRECO” ink or toner cartridge unit. This warranty does not extend to the damage caused by the cartridge itself where such damage would have occurred notwithstanding the remanufactured process.
(c) Any claim under this warranty for the costs can only be made after the manufacturer of the printing equipment has denied liability for any damage to the printing equipment, giving written reasons for its denial indicating the nature of the damage and that its cause was the “LYRECO” cartridge unit.
(d) The Company will reimburse the costs within seven business days of the receipt of the manufacturer’s written denial of liability, together with the original invoices for the costs.
(e) The Company and the Buyer agree that any right or claim (including all costs losses damages or legal liability) of the Buyer against the Company arising out of the Supply Agreement whether actual or potential, direct or consequential and howsoever arising is limited to the costs to repair or replace printing equipment damaged as a direct and immediate result of defective labour materials or techniques used in the process of remanufacturing the “LYRECO” ink or toner cartridge unit.