R1. The Seller is the owner of wood and/or kindling of the type listed below in this Agreement.
R2. The Buyer seeks to purchase the wood and/or kindling specified below from the Seller upon the terms and conditions set forth in this Agreement.
“Agreement” refers to this contract of sale between the Buyer and the Seller
“Buyer” refers to you, the purchaser of the wood and/or kindling
“Depletion Date” refers to the date on which the Goods have been completely consumed and the Wheelie Bin is empty.
“Goods” refers to the wood and/or kindling offered for sale by Firewood Galore Pty Ltd (ABN 19 121 925 095 and ACN: 121 925 095).
“Seller” means Firewood Galore Pty Ltd (ABN 19 121 925 095 and ACN: 121 925 095)
“Wheelie Bin” means the hard plastic mobile storage bin of the nature and type generally used for the purpose of domestic waste storage and disposal
Sale of Goods
1. The Seller agrees to sell to the Buyer, and the Buyer agrees to purchase from the Seller the Goods at the prices mutually agreed by the Parties.
2. To be able to place an order the Buyer must register all personal and contact details, including but is not limited to the Buyer’s name, delivery address, telephone number and email address.
3. Upon registration the Buyer shall be deemed to have unconditionally accepted the terms and conditions of this Agreement.
4. Upon registration the Buyer shall be deemed to have agreed that the Wheelie Bin will be returned by the Depletion Date in the same condition in which it was received.
5. The Buyer will pay to the Seller for the supply of the Goods only, as the full and complete purchase price for the Goods an amount which is dependent on the weight and variety of the Goods.
6. The Buyer shall be responsible for all taxes in connection with the purchase of the Goods in this Agreement.
7. The Wheelie Bin is not included in the sale of the Goods and shall always remain the property of the Seller.
8. Unless otherwise specified, payment for the Goods shall be made in full at the time of the order of the Goods.
9. Unless otherwise specified, the Seller shall deliver the Goods to the Buyer within three (3) Business days from the date of the order to an address nominated by the Buyer. The Buyer shall be liable for the costs of the delivery of the Goods, the payment arrangements of which are to be determined by the Seller with prior notice to the Buyer.
10. The Goods shall be delivered in one or more Wheelie Bins.
11. Upon delivery of the Goods the Buyer shall retain the Wheelie Bin until such time as the Goods have been used.
12. Where the Buyer has determined not to continue to purchase the Goods, the Buyer shall provide written notice to the Seller no later than one (1) day prior to the Depletion Date. Upon notice, the Seller shall have the right to enter the premises of the Wheelie Bin and take possession.
13. Where the Buyer has agreed to make further purchase(s) of the Goods and nominates the same address for delivery, the Seller shall deliver the subsequent purchase(s)of the Goods to the Buyer in a separate and additional Wheelie Bin to that nominated address and take possession of the original Wheelie Bin utilised in the prior purchase and delivery of the Goods.
14. Where the Buyer has agreed to make further purchase(s) of the Goods but has nominated a different address for delivery, unless the Parties have otherwise agreed, the Buyer shall ensure that the original Wheelie Bin utilised in the prior purchase and delivery of the Goods is located at the subsequent nominated address for delivery so that at the time of the subsequent delivery of the Goods the Seller is able to take possession of original Wheelie Bin.
15. If the Seller is unable, for whatever reason, to collect the original Wheelie Bin at the time of the subsequent supply of Goods to the Buyer, then the Seller will not leave the Goods and the additional Wheelie Bin with the Buyer
16. Upon return of the Wheelie Bin, the Seller shall make inspection of the Wheelie Bin and where the Wheelie Bin has been determined by the Seller to be damaged or otherwise not in the same condition as it was at the time of the delivery of the Goods, the Seller shall have the absolute right and discretion to take any or all necessary action to recover the cost of the Wheelie Bin.
17. Where the Wheelie Bin is lost, not returned by the Depletion Date, or was not available for possession by the Seller at the time of delivery of subsequent purchase(s) of the Goods, the Seller shall have the absolute right and discretion take any or all necessary action to recover the cost of the Wheelie Bin.
18. The Buyer irrevocably authorises the Seller at any time, to enter any premises upon which the Seller’s Goods and Wheelie Bin are stored to enable the Seller:
(i) to inspect the Wheelie Bin; and/or
(ii) if the Buyer has breached these terms and conditions, to reclaim possession of the Wheelie Bin.
Risk of Loss.
19. Title to and risk of loss of the Goods shall pass to the Buyer upon commencement of delivery of the Goods in accordance with this Agreement.
20. The Buyer acknowledges that it has not relied on, and the Seller has not made, any representations or warranties with respect to the quality or condition of the Goods and is purchasing the Goods on an “as is” basis. The Seller expressly disclaims all warranties, whether express or implied, including any implied warranty of merchantability or fitness.
Limitation of Liability
21. The Seller will not be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to this Agreement or the transactions it contemplates (whether for breach of contract, tort, negligence, or other form of action) and irrespective of whether the Buyer has been advised of the possibility of any such damage. In no event will the Seller’s liability exceed the price paid by the Buyer to the Seller for the Goods giving rise to the claim or cause of action.
22. If a dispute arises between the parties as the return of the Wheelie Bin, and or the supply of the Goods then the invoice and receipt for payment by the Buyer, of the Goods, and of the Security will be evidence of the payment by the Buyer in accordance with the terms and conditions of this Agreement.
23. In circumstances in which any dispute between the parties results in court proceedings, and the Seller is successful in those proceedings, then the Buyer agrees that the Seller will be entitled to its legal fees based on solicitor client costs and all disbursements.
24. The terms of this Agreement shall be governed by and construed in accordance with the laws of the State of Victoria and any dispute arising from this Agreement shall be resolved in the courts 0f the State of Victoria.
25. This Agreement contains the entire understanding between the Parties and supersedes and cancels all prior agreements of the Parties, whether oral or written, with respect to such subject matter.