Additional Charges includes all delivery, handling and storage charges, goods and services tax, interest, legal and other costs of recovery of unpaid money and all other government imposts and all money, other than the Purchase Price, payable by the Customer to Blue Dinosaur arising out of the sale of the Goods.
Blue Dinosaur means Blue Dinosaur Pty Ltd ABN 89 159 791 376.
Customer means the person, firm or corporation named in the Quotation / Invoice or Order and in the case of an individual, his executors, administrators and assigns, and in the case of a corporation, its successors and assigns.
Goods mean the goods sold to the Customer by Blue Dinosaur and includes any related services provided by Blue Dinosaur.
GST means any goods and services tax under A New Tax System (Goods and Services Tax) Act 1999 ("GST Act").
Invoice means any invoice given by Blue Dinosaur to the Customer in connection with its supply to the Customer of the Goods that are subject to these Terms.
Order means an order to buy the Goods from Blue Dinosaur made by the Customer to Blue Dinosaur.
PPSA means the Personal Property Securities Act 2009 (Cth).
Purchase Price means:
Quotation means any quotation given by Blue Dinosaur to the Customer for Blue Dinosaur to supply to the Customer the Goods and subject to these Terms.
Special Conditionsmeans those terms and conditions of Blue Dinosaur (if any) in addition to these Terms set out in the relevant Quotation, or acceptance of any Order, as the case may be.
Terms means these terms and conditions of sale as amended from time to time by Blue Dinosaur and notified to the Customer.
Transaction means a payment by the Customer to Blue Dinosaur in exchange for Goods.
Website means Blue Dinosaur's website located at the URL www.bluedinosaur.com.au.
In the event of any inconsistency between these Terms and any Special Conditions, the Special Conditions will prevail.
2A.1 The Customer may be required to make a Transaction through the Website for Goods.
2A.2 All Transactions made through the Website will be covered by these Terms and any additional terms or conditions displayed during the finalisation of the Transaction.
2A.3 All Goods offered on the Website are subject to the restrictions and disclaimers contained in these Terms in addition to any other Terms and conditions which apply to those Goods.
2A.3 By completing a Transaction the Customer agrees to pay all amounts related to the Transaction including all taxes and delivery charges by the relevant due date. Once a Transaction is completed on the Website it cannot be cancelled or reversed.
2A.4 The Customer acknowledges and accept that, while Blue Dinosaur make all reasonable commercial efforts to ensure Transactions occur in a secure environment, transacting through the Internet has inherent risks and Blue Dinosaur is not responsible for any unauthorised:
2A.5 Blue Dinosaur reserves the right to modify, suspend or cancel any Transaction for any reason.
2.1 Unless previously withdrawn, a Quotation is valid for 14 days from the date the Quotation is provided or such other period as agreed by Blue Dinosaur. A Quotation is not to be construed as an obligation by Blue Dinosaur to sell but merely an invitation to treat and no contractual relationship shall arise there from until an Order has accepted by Blue Dinosaur.
2.2 Blue Dinosaur is not bound by any conditions attached to any Order unless such conditions are expressly accepted by Blue Dinosaur; otherwise, these Terms and any Special Conditions override and prevail over any conditions contained in the Customer's Order.
2.3 The Customer and Blue Dinosaur agree that an Order is binding on Blue Dinosaur and Customer immediately upon Blue Dinosaur accepting the Order or Blue Dinosaur making a supply to the Customer and such Order is subject to these Terms.
2.4 An Order which has been accepted in whole or in part by Blue Dinosaur cannot be cancelled by the Customer without obtaining the prior written approval of Blue Dinosaur, which it may refuse in its absolute discretion.
2.5 The Customer must place all Orders to Blue Dinosaur in writing specifying order number, date of order, Goods required, place of delivery and full name and title of person placing the order.
2.6 Minimum order values or quantity may apply to particular Orders made by the Customer (as specified in Blue Dinosaur's price list or as otherwise advised by Blue Dinosaur from time to time). Orders below a minimum order value or quantity will incur an additional (excluding GST) service charge.
3.1 The Customer must pay the Purchase Price and the Additional Charges to Blue Dinosaur.
3.2 Where Blue Dinosaur has not agreed to grant credit to the Customer, all payments must be made by the Customer in advance or on delivery of the Goods. Where Blue Dinosaur has agreed to grant credit to the Customer, all payments are due by date specified on the invoice.
3.3 All prices quoted, unless otherwise stated, are inclusive of GST.
3.4 All prices, unless otherwise stated, are quoted in Australian dollars (AUD).
3.5 Goods prices do not include delivery fees.
3.6 In the event a Customer is entitled to a refund, the refund will be made to the original credit card. For paypal transactions the refund will be made to the paypal account.
3.7 When providing your credit or debit card details the Customer is warranting it is authorised to use that card and has sufficient available funds to cover the charges for the Goods and their delivery.
3.8 All payments by made by credit card (Visa/MasterCard only accepted) may incur a merchant handling fee of up to 2.5%. It is at Blue Dinosaur's sole discretion whether it chooses to charge this fee to the Customer.
3.9 All amounts payable by the Customer under these Terms must be paid without set-off or counter claim of any kind.
3.10 If the Customer fails to pay any amounts outstanding to Blue Dinosaur in full in accordance with this clause, then without prejudice to any other rights under these Terms or available by law:
3.11 The Customer is deemed to be in default immediately if any payment to Blue Dinosaur is not made promptly on or before the due date for payment.
3.12 In the event of a default by the Customer, then without prejudice to any other rights which Blue Dinosaur may have at law or under these Terms:
4.1 The Customer may not cancel an Order or any part of an Order:
4.2 Orders cancelled less than 2 days prior to the scheduled delivery date for deliveries within Australia, will incur an administration fee of $50.00.
4.2 If the Customer wishes to cancel the whole or any part of an Order the Customer must serve a cancellation request in writing on Blue Dinosaur, which it may accept in its absolute discretion.
4.3 If Blue Dinosaur agrees to the cancellation request Blue Dinosaur will refund any amounts paid by the Customer, less any administration fee and any other costs incurred by Blue Dinosaur up to the date that such notice is received by Blue Dinosaur. If Blue Dinosaur has incurred costs in excess of any amounts paid by the Customer, the Customer must on demand reimburse Blue Dinosaur for all such costs.
5.1 The Customer acknowledges that any time quoted to them by Blue Dinosaur for delivery of the Goods is an estimate only. Blue Dinosaur may suspend delivery or extend delivery time in whole or part for any reason whatsoever.
5.2 Blue Dinosaur will not be liable in any way to the Customer (including without limitation for loss of profits or other consequential loss) for any loss arising out of any failure or delay in delivery of the Goods or in connection with damage to the Goods howsoever caused during delivery.
5.3 Blue Dinosaur may arrange for delivery of the Goods in instalments and these Terms will apply to the supply of each instalment as if that supply was the subject of a separate contract between Blue Dinosaur and the Customer. In particular, the Customer will pay Blue Dinosaur for each instalment so supplied, irrespective of the failure or delay in delivery of any other instalment.
5.4 The Goods will be at the Customer's risk:
6.1 Legal and beneficial title to the Goods will remain with Blue Dinosaur until the Purchase Price and any other amounts owing have been paid in full to Blue Dinosaur. Until such time and notwithstanding the delivery of the Goods to the Customer:
7.1 This clause applies where Blue Dinosaur, at its sole and absolute discretion, accepts the return of Goods from the Customer.
7.2 The Customer undertakes to examine the Goods immediately after delivery.
7.3 Any dissatisfaction with any Goods and all return and refund requests must be made by the Customer to Blue Dinosaur within seven (7) days of delivery of the order to the Customer. Complaints, return and refund requests can be made to email@example.com. Blue Dinosaur reserves the right to request photos of the original Goods.
7.4 Any returns or refunds must be authorized by Blue Dinosaur before any Goods can be returned.
7.4 If approval is granted by Blue Dinosaur, then Blue Dinosaur will issue the Customer with a "Credit Request Number". This does not constitute an acceptance by Blue Dinosaur of returned Goods.
7.5 Blue Dinosaur will not be obliged to accept Products returned by the Customer or granting a credit for such Products, unless:
7.6 The return of Goods will be assessed and reviewed on a case by case basis.
7.7 Any discount or allowance (however determined) allowed by Blue Dinosaur to the Customer in respect of the Goods will be credited against the price of the Goods and will represent a reduction of that price.Should any refund be payable, such refund will be paid within 30 days.
7.8 Notwithstanding any right of the Customer to return the Goods, to the extent permitted by law, Blue Dinosaur will not accept the return of the Goods in the following circumstances:
7.9 The Customer is responsible for all shipping, postage, delivery, and / or freight costs when returning any Goods to Blue Dinosaur.
8.1 Defined terms in this clause have the same meaning as in the PPSA. At Blue Dinosaur's request, the Customer must promptly execute any documents and do anything required to register Blue Dinosaur's security interest in the Goods under applicable legislation (including the "security interest" granted to Blue Dinosaur under clause 8.3(a).
8.2 The goods supplied or to be supplied under these Terms fall within the PPSA classification of "Other Goods" acquired by the Customer pursuant to these Terms.
8.3 To secure payment of all amounts owing to Blue Dinosaur by the Customer and the performance of all other obligations of the Customer under these Terms which constitutes a Security Interest, to the extent applicable to the sale of the Goods, the Customer:
9.1 The Customer acknowledges and agrees that:
9.2 Where the Customer on-sells the Goods the Customer must not:
10.1 The liability of Blue Dinosaur is limited, to the extent permissible by law and at the sole option of Blue Dinosaur:
10.2 To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these Terms or in specific warranties accompanying the Goods, are excluded and Blue Dinosaur is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate the Customer for:
11.1 To the full extent permitted by law, Customer will indemnify Blue Dinosaur and keep Blue Dinosaur indemnified from and against any liability and any loss or damage Blue Dinosaur may sustain, as a result of any breach, act or omission, arising directly or indirectly from or in connection with any breach of any of these Terms by the Customer or its representatives.
12.1 These Terms apply (unless otherwise previously agreed in writing) to the supply of Goods by Blue Dinosaur to a Customer from time to time. Any supply of Goods by Blue Dinosaur to the Customer made after the date of acceptance of these Terms is a supply pursuant to the supply agreement constituted by these Terms and the relevant order accepted by Blue Dinosaur and any such supply does not give rise to a new or separate agreement.
12.2 The Customer and Blue Dinosaur acknowledge and agree that these Terms supersede any prior agreement, arrangement or understanding between the Customer and Blue Dinosaur. No local, general or trade custom will affect in any way the Terms.
12.3 No waiver or variation of these Terms will be binding on the Customer or Blue Dinosaur unless signed by both the Customer and Blue Dinosaur.
13.1 In respect of any matter or thing which must be done by the Customer within a stipulated time frame, time shall be of the essence, consequently, the Customers failure to comply with such time frame shall constitute a breach by the Customer of an essential term of these Terms.
13.2 If any provision of these Terms is held to be illegal, unenforceable or void then to the extent of such illegality, unenforceability or invalidity that provision will be considered independently of and severable from the other provisions.
13.3 A certificate by an employee of Blue Dinosaur as to any act or omission of the Customer shall be accepted by the Customer in all courts and at all times to be prima facie evidence of the matters stated therein.
13.4 These Terms shall be construed and interpreted in accordance with the laws of New South Wales and the Customer irrevocably agrees to submit to the non-exclusive jurisdiction of the courts of that state.
13.5 All notices given under these Terms must be in writing. A notice given by Blue Dinosaur to the last known place of business of the Customer will be deemed received on delivery or the business day in New South Wales following posting, whichever is the earlier.
13.6 Blue Dinosaur shall not be liable for any failure of or delay in the performance of these Terms for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or industrial disputes, embargoes, government orders or any other force majeure event.