Terms

By purchasing products from Wilarno Pty. Ltd. (ABN 66 088 318 423) you agree to be bound by the Terms and Conditions (the "Terms and Conditions") of Sale as detailed below.  

These are the Terms & Conditions of Sale applicable to on-line purchases from Wilarno Pty. Ltd. These conditions should also be read in conjunction with Wilarno Pty. Ltd. Terms and Conditions.  

These terms and the laws of New South Wales, Australia, apply to all transactions for the purchase of products from Wilarno Pty. Ltd. through this web site. These terms represent the complete Agreement between Wilarno Pty. Ltd. and the Buyer covering the sale of Products from this Site. The Buyer's completion of the Order form on this Site will constitute an offer to the Buyer to purchase Products (the "Order"). All Orders are subject to acceptance by Wilarno Pty. Ltd.

Terms & Conditions

GENERAL  

All orders are accepted subject to the following express terms and conditions which are in turn subject to the Trade Practices Act 1974 (Cth). For the purposes of these terms and conditions, "Goods" and "Services" mean the goods and services ordered by the Customer and supplied by Wilarno Pty. Ltd. ("Company") on these terms and conditions. No variation from these terms and conditions applies unless agreed in writing by the Company and the Customer prior to the commencement of the supply. Any acceptance by the Customer of the Goods is deemed to be an acceptance that these terms and conditions are incorporated into the Contract to the exclusion of all others.

ORDERS  

No order is deemed to be accepted nor any contract made with the Company until a written acceptance of the order or contract is given by the Company to the Customer. All orders are accepted and contracts made subject to Goods of the description ordered being available at the times specified for delivery. If any material part of the order cannot be supplied by the due date, the Company will advise the Customer as soon as possible. In no event, however, shall the Company be liable for any indirect or consequential loss or damage or any loss of profit resulting from the non-supply in whole or in part of all of the Goods ordered.

PRICES  

The Company publishes a price list for Goods on this web site. Prices may be increased by the Company without notice and without republishing the price list. Prices are exclusive of Goods and Services Tax ("GST") payable pursuant to A New Tax System (Goods and Services Tax) Act 1999 (Cth) and in addition to the price of the Goods provided to the Customer, the Customer must pay to the Company an additional amount calculated at the rate which GST is imposed on such Goods.

PAYMENT  

FREIGHT  

All Goods are sold "ex-warehouse", and all prices are "ex-warehouse". The customer can at their own expense arrange for freight or pickup. Goods are the customer’s responsibility from the time they leave Wilarno's warehouse. On behalf of the Customer and at the Customer's request, the Company can arrange for the Goods to be delivered. If the Customer requests the Company to arrange delivery by Toll Ipec, then freight (exclusive of insurance) will be charged as a separate item.

http://www.tollipec.com.au/

The Customer is responsible for any loss, damage or injury incurred by any person or to any property in the course of unloading Goods.

The Goods are at the Customer's risk from the time that they leave Wilarno Pty. Ltd.’s warehouse, notwithstanding that title may not have passed.

In the case of payment other than by cash, full payment is deemed to occur on clearance or confirmation of the irrevocable receipt of funds by the Company.

Nothing in these terms and conditions or any circumstance arising from the fact that the Customer obtains possession of the Goods before obtaining title or any other circumstance makes the Customer an agent of the Company for any purpose.

The Customer must within 5 days of the date of receipt of the goods notify the Company of any defects to the Goods. The Customer must check the quantity of Goods against the quantity due. The Company is not responsible for making good any deficiencies in quantity unless the Company is notified in writing within 5 days of delivery.

LIMITATION OF LIABILITY IN CONSUMER TRANSACTIONS  

In connection with the supply to a Customer who is a consumer of any goods or services within the meaning of the Trade Practices Act 1974 (as amended) other than goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption, the liability of the Company in the event of a breach of a condition or warranty implied by that Act (other than a condition or warranty implied by Section 69) is limited, subject to Section 68A of that Act, at the option of the Company to:

In the case of goods, any one or more of the following:

a) the replacement of the goods or the supply of equivalent goods.

b) the repair of the goods.

c) the payment of the cost of replacing the goods or of acquiring equivalent goods.

d) the payment of the cost of having the goods repaired.

DEFAULT OF BUYER  

If these terms and conditions are not strictly observed by the Customer, the Company may in its absolute discretion, refuse to supply the Customer and the Company shall not be liable to the customer for any loss or damage the Customer may sustain as a result of such refusal.

ENFORCEABLIITY  

ALTERATION TO CONDITIONS  

The Company may, at any time and from time to time alter these terms and conditions without prior notice.

The Contract is binding on and inures to the benefit of the successors and assigns of the entire business and goodwill of either the Company or the Customer or of that part of the business of either used in the performance of the Contract, but is not otherwise assignable.

GOVERNING LAW  

These terms and conditions and any contract including them shall be governed by the laws of New South Wales. The Company and the Customer submit to the exclusive jurisdiction of the Courts of New South Wales.

Disclaimer  

IN NO EVENT SHALL WILARNO PTY. LTD. BE LIABLE FOR ANY DAMAGES CAUSED BY ANY PRODUCT OR SERVICE OR THE FAILURE OF SUCH PRODUCT OR SERVICE TO PERFORM, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS, LOSS OF USE, OR ANY OTHER SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND REGARDLESS OF THE THEORY OF LIABILITY PURSUANT TO WHICH SUCH DAMAGES MAY BE SOUGHT. WILARNO PTY. LTD. HEREBY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND CONFORMITY TO MODELS.

Wilarno Pty. Ltd. is not liable for any claim made by a third party or made by you for a third party. To the fullest extent permitted by law, all other warranties are hereby expressly negated, and Wilarno Pty. Ltd. shall not be liable to the Customer in respect of any loss or damage, whether direct, indirect or consequential, arising out of the Customer's purchase, use or non use of the Equipment, including without limitation, any fault in respect thereof (excluding direct loss or damage arising out of Wilarno Pty. Ltd. sole neglect).

Wilarno Pty. Ltd., to the extent permitted by law, shall limit its liability in respect of any warranty or obligation imposed in Division 2 of part V of the Trade Practices Act, to undertaking any of the actions specified in Section 68A(1)(a) of the said Act.