Trading Terms and Conditions of Lokstar Pty Ltd
The placement of your order is deemed as acceptance of the following terms and conditions.
1. APPLICATION OF CONDITIONS
1.1 Unless otherwise agreed in writing, these Conditions shall apply to the exclusion of any other terms and conditions.
1.2 Each order that the Buyer places shall be deemed to be an offer by the Buyer to purchase Products from Lokstar Pty Ltd, trading as Podstyle, the Seller, subject to these conditions.
1.3 If any provision of these conditions is adjudged invalid or unenforceable in whole or part the validity of the other provisions of these conditions and the remainder of those provisions in question shall not be affected.
1.4 If the Seller is not able to supply the Product and the Buyer, then following agreement between the Seller and the Buyer, has already made payment the Buyer's account will be refunded or re-credited with the sum paid by the Buyer. This refund will be carried out as soon as possible, in any event, within 30 days of the Seller receiving the Buyer’s payment. The Seller will not be obliged to offer any compensation for disappointment or loss of earning suffered by the Buyer.
2. BASIS OF SALE
2.1 The description of Goods and their Quantity and Price shall be set out in writing in the order Confirmation.
2.2 Each order that the Buyer places shall be deemed to be accepted by the Seller and will become binding once the Seller has issued the order Confirmation or Invoice and received cleared funds in the amount of the order Price.
2.3 The Buyer shall not be entitled to assign the Contract or any part of it to a third party without prior written consent.
2.4 The Seller may assign the Contract or any part of it to any person, firm or company.
3. DESCRIPTION OF PRODUCTS
3.1 The Seller may make changes in the specification of the Products which do not materially affect their quality or performance if required to conform with any applicable statutory requirements.
3.2 Photographs provided on the website and brochure are for illustrative purposes only and may not exactly match the Product itself.
3.3 The dimensions displayed are accurate within tolerances governed by the manufacturing processes.
4. WARRANTIES AND LIABILITIES
4.1 The Seller warrants that the Products will correspond with their specification at the time of delivery and will be free from defect in quality, material workmanship and condition for a period of 12 months from delivery, unless otherwise specified and subject to conditions set out below.
4.2 The Seller shall not be liable for any breach in warranty clause 4.1 unless:
4.2.1 The Buyer provides written notice of the defect within 7 days of the time the Buyer discovers or ought to have discovered the defect;
4.2.2 The Seller is given reasonable opportunity after receiving the Buyer's notice of defect to examine the Products in question and the Buyer (if asked by the Seller to do so) shall return the Products to the Address at the Seller's cost for the examination to take place there.
4.3 The Seller shall not be liable for a breach of the warranty in clause 4.1 if:
4.3.1 The Buyer makes further use of such Products after giving notice of the defect to the Seller.
4.3.2 The defect arises as a result of fair wear and tear, willful damage, negligence, misuse, graffiti, abnormal working conditions or failure to follow our oral or written instructions as to the storage and use of the Products.
4.3.3 The Buyer alters or repairs such Products without our written consent; or
4.3.4 The Buyer has not paid the Contract price for the Products by the required payment date.
4.4 Subject to clause 4.2, if any Products do not conform with any of the warranty, then within 30 days of us examining the defective Products, the Seller (at the Seller's option) will either:
4.4.1 Repair or replace such Products (or the defective part) free of charge;
4.4.2 Refund the price of such Products (or a proportionate part of the price) provided that the Buyer delivers up the Products for collection (or, if the Seller so requests and at the Seller's expense the Buyer return the Products or the part of such Products which is defective to the Seller at the Seller's Address).
4.5 If the Seller complies with clause 4.4 the Seller shall have no further liability for breach of any warranty in condition 4.1 in respect of such Products.
4.6 The Seller reserves the right to replace only the part damaged, this to be delivered at the Sellers cost. The Seller will not be responsible for any labour charge involved in the works required to fix the replacement part.
4.7 All delivered goods are to be left at the perimeter of the Buyers property. However if invited by the Buyer the goods will be placed within your property, by instructing our driver you waive all rights regarding any accidental damage or breakage caused by this operation. Lokstar Pty Ltd will not accept any claims for breakage or damage under this instruction.
5.1 Final delivery charges will be confirmed in the Quotation/Invoice and will make up the order Price.
5.2 Goods will be deemed to have been delivered once the complete order, as set out in the order confirmation, has been placed at the delivery location specified by the Buyer, and accepted as delivered by signature. Larger orders may be delivered in installments in which case the delivery of each installment must be signed for individually as delivered. The Seller does not need to satisfy itself that the person accepting delivery at the specified address is the Buyer (or authorized by the Buyer to accept delivery of the Goods).
5.3 Dates and times quoted for delivery are approximate only. The Seller shall not be liable for any direct, indirect or consequential loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods.
5.4 Any liability to the Seller for the non-delivery of Products shall be limited to replacing the Products within a reasonable time or issuing a respective credit note/refund raised for such Products.
5.5 Day/time for the delivery shall not be of the essence. No additional costs can be accepted should a delivery day/time be delayed.
5.6 It is deemed the responsibility of the Buyer to ensure that all deliveries by national carrier are checked for damage or shortage before signing as correct and undamaged.
6. INSTALLATION / ASSEMBLY
6.1 Any installation and assembly charges will be confirmed in the order Confirmation and will make up the order Price.
6.2 Where installation and assembly charges have not been added to the Order Confirmation the Seller may agree to assist in the installation if the Buyer agrees to facilitate the temporary storage, installation and assembly of the goods using their own staff.
6.3 It is the responsibility of the Buyer to determine the location of any installations within their building and to make sure these locations conform with their fire risk assessments and evacuation procedures for that building.
6.4 The Seller will not be responsible for any damage to goods incurred during the installation and assembly process.
7. RISK AND TITLE
7.1 Risk of damage to or loss of the Products shall pass to the Buyer upon delivery. If the Buyer wrongfully fails to take delivery of the Products, then risk of the Products shall pass to the Buyer at the time when the Seller tendered delivery of the Products.
7.2 Notwithstanding any other provision herein title to the Products shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full for the Products and all other sums which are or which become due to the Seller from the Buyer on any account.
7.3 The Seller shall be entitled to recover payment for the Products notwithstanding that ownership of any of the Products has not passed from the Seller.
7.4 The Buyer may not use or resell the Products before ownership has passed.
7.5 The Buyer grants the Seller the license at any time to enter any premises where the Products are or may be stored in the case where right to possession has been terminated, to recover them.
8.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside of their reasonable control, including but not limited to strikes, lock outs, accidents, war, fire, reduction or unavailability of power at the Seller's premises or its suppliers manufacturing plant, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, import or export regulations or embargoes (including the failure of the Seller's suppliers to obtain any necessary export permits licenses or other authorizations) and the party shall be entitled to a reasonable extension of its obligations.
8.2 Provided that if any event referred to in clause 8.1 continues for a period in excess of 30 days, the Buyer will be entitled to give notice in writing to terminate the Contract.
8.3 Any notice required or permitted to be given by either party to the other under the conditions shall be in writing and in the case of notices to the Seller, addressed to the Seller at its Address or in the case of notices to the Buyer, at the Buyer's address as provided to the Seller.
8.4 Failure or delay by the Seller in enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
8.5 Lokstar Pty Ltd reserves the right to cancel any order with a full refund regardless of reason. This decision will be based on the nature of the transaction, i.e. suspected fraud or customer behavior.
9.1 The headings of the Clauses in these conditions are intended for reference only and will not affect the construction of these conditions.
9.2 Representations- no statement, description, warranty condition or recommendation contained in any price list, advertisement or communication or made verbally by any of the Agents or Employees of the Seller shall be construed to enlarge, vary or override in any way thereof any of these conditions.
9.3 Additional costs- The Buyer agrees to pay for any loss or extra cost incurred by the Seller through the Buyers instructions or lack of instructions or through failure to delay in taking delivery or through any acts or default on the part of the Buyer, its servants, agents or employees.
10. PROPER LAW OF CONTRACT
10.1 The Contract shall be governed by the law of Australia and any dispute, question or remedy however-so arising determined exclusively by the Courts of Australia.
11. LIMITATION OF LIABILITY
11.1 The Seller's total liability in Contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the Products.
11.2 Nothing in these conditions excludes or limits the liability of the Seller for death or personal injury caused by the Seller's negligence or fraudulent misrepresentation.
11.3 The Seller shall not be liable to the Buyer for any indirect or consequential loss or damage (whether for the loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
12. DATA PROTECTION
12.1 The Seller will take all reasonable precautions to keep the details of the Buyer's order and payment secure but unless the Seller is negligent, the Seller will not be liable for unauthorized access to information supplied by the Buyer.
12.2 Please note that for staff training and security reasons all calls may be recorded.
13. COMPLAINTS AND DISPUTES
13.1 If the Buyer has a complaint about the Goods or service, the Buyer should contact Lokstar Pty Ltd, the Seller by post sent to: P.O. Box 49, Oatley NSW 2223
13.2 The Seller will try to respond in writing to the Buyer's complaint within 7 working days of receiving it.
The Buyer accepts that the above conditions will govern any purchase made from Lokstar Pty. Ltd.