Terms & Conditions
NISBETS AUSTRALIA STANDARD TERMS & CONDITIONS OF SALE ("this Agreement")
In this Agreement:
- the "Customer"
- means any person who places an Order with Nisbets;
- the "Goods"
- means any items sold or supplied by Nisbets under an Order;
- "Nisbets"
- means Nisbets Australia Pty Limited (ACN 139 667 191) of 15 Badgally Road, Campbelltown, NSW 2560;
- "Order"
- means any request or order to purchase the Goods;
- "Special‑to‑Order"
- means any Goods that are special order, despatched by a third party supplier (including back-to-back Goods) or are direct to the Customer. These Goods will be highlighted on the Nisbets website, in the catalogue or within quotes and invoices; and
- the "Parties"
- refers to the Customer and Nisbets.
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Validity
- This Agreement is the only form of contract between the Parties and any Customer terms and conditions will not apply unless expressly agreed in writing. By submitting an Order, whether through Nisbets website or through one of its catalogues, stores or call centre, the Customer agrees to apply the terms and conditions of this Agreement in priority over any other agreement between the Parties except previously agreed Nisbets Credit Account terms and conditions which, where conflict arises, take precedence over this Agreement.
- Any Order is subject to acceptance by Nisbets. Nisbets is not obliged to accept any Order or to justify refusal of the same. Receipt of payment for Goods by Nisbets does not in itself constitute acceptance by Nisbets of the Order.
- Nisbets may vary the terms and conditions of this Agreement from time to time by publishing new terms and conditions on the Nisbets website or catalogue.
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Goods being Sold
- Descriptions and specifications for the Goods are set out on the Nisbets website at the time of the Order or the Nisbets catalogue from which the Order is placed provided the catalogue is current at the time of the Order.
- If any Goods are unavailable or out of stock then Nisbets may cancel the Order in whole or in part and refund any monies paid, issue a credit note or otherwise vary the Order with the Customer's approval.
- Customers placing Orders for age-restricted goods such as solvents and knives confirm that they are over 18 years of age and that delivery will be accepted by a person over 18 years of age.
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Terms of Payment and Payment Methods
- Current prices for Goods are available on the Nisbets website or its latest catalogue. Prices may change from time to time. Occasionally, there may be a difference in price between the Nisbets website and its catalogue. Nisbets is under no obligation to honour a website price if the Order is placed through the catalogue. Nisbets is under no obligation to honour prices advertised in old catalogues. A delivery and/or insurance charge may be payable in addition to the price of the Goods which will be notified to the Customer before the Customer submits the Order. All prices are quoted in Australian Dollars.
- Unless otherwise stated, all prices quoted exclude GST. GST will be charged in accordance with the relevant regulations in force at the time of the Order.
- Occasionally an error may cause the price published or advertised for Goods to be incorrect, in which case Nisbets will be under no obligation to honour the incorrect price.
- Payment for Goods and Delivery may be made by any of the options listed on the Nisbets website or catalogue, depending on the method of placing the Order. Bank/Electronic Fund Transfers must include the Order reference number as a payment reference and be made to:
Account Name: Nisbets Australia Pty Ltd
BSB: 063512
Account Number: 10650807 - Nisbets reserves the right to charge interest on late or overdue payments by the Customer.
- All Orders may be subject to further credit or security checks.
- Nisbets's Price Match applies to any lower published price for a like-for-like product offered on the same terms in Australia. Like-for-like means Goods should be the same brand and specification. The goods must be offered with the same delivery service and warranty as Nisbets's and the competitor must have stock availability at the time of ordering. The price will not be matched where there are 'hidden extras' such as delivery charges. In order to qualify, the price must be published in writing. Nisbets's Price Match excludes comparing like-for-like products from companies within the Nisbets group of companies.
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Delivery
- Full delivery prices and options are listed on the Nisbets website or catalogue and are subject to change from time to time.
- Certain large, heavy or bulky items and deliveries to offshore/remote deliveries (including Tasmania) will attract higher delivery prices and delivery times will be longer, depending on the delivery location. Delivery prices and times for these items will be discussed for confirmation with the Customer after an Order has been placed.
- Nisbets will use reasonable endeavours to ensure its delivery agents meet delivery estimates. However Nisbets cannot be held liable for any delay in delivery.
- Risk in the Goods transfers to the Customer at the time of delivery but title will not pass until payment has been made in full for the Goods in question. Customers are advised to notify Nisbets immediately if Goods are delivered in damaged or soiled packaging.
- Goods delivered are used, stored and installed at the Customer's own risk and Nisbets will not be liable for any damage, loss or disruption caused by the same unless caused by Nisbets's negligence. Where installation/disconnection services have been ordered by the Customer, further charges, terms and conditions may apply as communicated by Nisbets to the Customer before delivery.
- All large machinery, refrigeration and flat packed Goods are delivered to the front door of ground floor locations only. The delivery person/driver may at his/her discretion assist with delivering the Goods to a location within the premises nominated by the Customer, at the Customer's sole risk.
- If (i) the Customer will not or does not accept delivery when the Goods are ready for delivery or (ii) Nisbets or its agent cannot effect delivery because Nisbets or its agent considers at the time of delivery that delivery would be hazardous or would be contrary to their policies, industry practice or statutory requirements or (iii) because the Customer has not provided Nisbets with appropriate instructions, documents, licences or authorisations to properly, legally and safely effect delivery of the Goods, risk in the Goods passes to the Customer, the Goods will be deemed delivered, and Nisbets may store the Goods until actual delivery, in which case, the Customer will be liable to Nisbets for all related costs, such as re-delivery charges, storage and insurance.
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Warranties and Returns
- Goods delivered may be returned for a refund, exchange or replacement within 30 days provided they are returned unused, in a saleable condition and in their original packaging. Certain large or bulky items may be subject to a restocking fee. Certain Goods cannot be returned for hygiene purposes. Certain Goods such as knives must be returned in adequate postal packaging for health and safety reasons. The cost of returns may be refunded in whole or in part to the Customer at Nisbets’ discretion.
- Certain last-in-line or Special-to-Order Goods are not returnable. Those Goods will be flagged accordingly on the Nisbets website, in the catalogue or within quotes and invoices. These Goods are excluded from out 30 day Hassle Free Returns.
- Goods that are damaged on delivery must be reported to Nisbets within 24 hours. Large Goods such as fridges must be visually inspected by the Customer on delivery for damage and an acceptance of delivery docket completed noting any damage that resulted from delivery. Goods that are missing, delivered faulty or defective by Nisbets may be replaced, repaired, refunded or exchanged at Nisbets's discretion provided Nisbets is informed in writing within 28 days. Certain Goods may be disposed of in accordance with Nisbets safety instructions for replacement, refund or exchange with Nisbets's prior approval.
- Clauses 5.1 to 5.3 above do not apply to any defect in the Goods caused by the fault, negligence or failure of the Customer to adhere to manufacturer instructions. Engineer call-outs and repairs carried out on non-warranty faults or defects may be subject to further charges. No Goods will be sold on a 'sale or return' basis without the prior written approval of Nisbets.
- Statutory rights for Customers placing Orders under $100,000 as private consumers for personal, domestic or household use (as defined by law) are not affected.
- Notwithstanding any other clause of these Terms and Conditions, where a Customer is deemed to be a Consumer and to the extent provided by law, Nisbets guarantees that any Goods will:
- be of acceptable quality;
- match the provided description;
- meet any express warranties; and
- be fit for purpose.
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Termination
- Nisbets reserves the right, by notice to the Customer, to cancel or suspend any Order where payment has not been received in accordance with clause 3 above.
- Nisbets reserves the right to terminate this Agreement if the Customer cannot pay its debts or becomes bankrupt or has a winding-up order made or an administrator, liquidator, receiver or similar is appointed over the whole or a substantial part of the assets and undertaking of the Customer.
- Nisbets reserves the right to suspend or terminate performance of this Agreement where delivery or supply of the Goods and/or performance of this Agreement is affected by reasons out of Nisbets's reasonable control such as force majeure, act of God, adverse weather and government intervention, sanction or legislation.
- Nisbets reserves the right to cancel any Order where it is reasonably suspected that the Customer is not legally permitted to purchase any Goods specified in the Order (such as solvents and knives).
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Limitation of Liability
- The Customer agrees that Nisbets will not be liable for any losses or damage suffered by the Customer, of any kind, including but not limited to loss of business, business interruption or loss of time, due to the use or purchase of the Goods by the Customer. Nothing in this Agreement shall exclude Nisbets's statutory liability for injury or death.
- Goods sold are not insured for delivery unless confirmed as insured by Nisbets on acceptance of the Order.
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Intellectual Property Rights and Confidentiality
- Goods sold or supplied by Nisbets may be subject to copyright (whether owned by Nisbets or a third party) and the Customer covenants not to breach, infringe or prejudice any intellectual property and copyright associated with the Goods without approval. The Customer agrees to indemnify and hold Nisbets harmless for any breach of said covenant.
- The Customer's data protection and privacy rights under this Agreement are set out in Nisbets's privacy policy.
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Jurisdiction
- This Agreement is governed by the law of New South Wales and the Parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
- Any right or obligation contained in this Agreement will be distinct and severable and if one or more of the same are declared invalid, illegal, void or unenforceable then the remainder will continue in force and effect to the fullest extent permissible by law.