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Terms & Conditions

1. Interpretation
1.1 In these Terms:
“Company” means AusWise Network Pty Ltd
“Carrier” means the deliverer of the goods.
“Customer” means the purchaser of goods from the Company.
“Goods” means all goods sold and/or delivered by the Company to the Customer.
“Terms” means these terms and conditions of sale.

2. Application
2.1 These Terms apply to all contracts for the sale of Goods by the Company.
2.2 No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by the Company in writing.
2.3 The Customer acknowledges that no employee or agent of the Company has any right to make any representation, warranty or promise in relation to the Goods or the sale of the Goods other than as contained in these Terms.

3. Prices
3.1 Prices are determined at the time of order and are subject to change without notice.

4. Payment
4.1 Payments are to be made to the Company without any deduction or discount other than as stated in these Terms or in the relevant invoice or statement.
4.2 The balance of the invoice price must be paid in full before delivery.

5. Delivery
5.1 The Company reserves the right to deliver the Goods in whole or in instalments, as well as to deliver prior to the date for delivery and, in such event, the Customer must not refuse to take delivery of the Goods.
5.2 Any failure on the part of the Company to deliver instalments within any specified time does not entitle the Customer to repudiate the contract with regard to the balance remaining undelivered.
5.3 If the customer is unable to collect the goods upon arrival, they will be left at the door at the customers own risk unless specified by the carrier.

6. Title
6.1 Legal and beneficial ownership of the Goods will not pass to the Customer until such time as the Goods have been paid in full in cash or cleared funds.

7. Risk and Insurance
7.1 The Goods are entirely at the risk of the Customer from the moment of delivery to the Customer’s point of delivery or on collection, even though title in the Goods has not passed to the Customer at that time.
7.2 The Customer must, at its own expense, maintain the Goods and insure them for the benefit of the Company against theft, breakdown, fire, water and other risks as from the moment of delivery to the Customer and until title in the Goods has passed to the Customer.

8. Inspection
8.1 Unless the Customer has inspected the Goods and given written notice to the Company within 2 days after collection or delivery that the Goods do not comply with the relevant specifications or descriptions, the Goods are deemed to have been accepted in good order and condition.

9. Cancellations
9.1 A customer can cancel an order before the shipping time of that day. If an order is placed before 1pm AEST, the customer has until 1pm AEST of that day to cancel the order. If the order is placed after the dispatch time of that day, the customer has until 1pm AEST the next day to cancel it.
9.2 The order will be refunded back into the customer’s account at their discretion.

10. Limitation of Liability
10.1 AusWise Network Pty Ltd shall under no circumstances, except where the Consumer Guarantees apply, be liable for special, incidental, or consequential damages including loss of profit or opportunity, even if it has been advised of the possibility of such damages; the maximum liability for all direct damages, if any, arising out of any action shall be limited to an amount not to exceed the purchase price of the product.
10.2 The Carrier is not liable for loss or damage of any of the goods upon or before delivery. The carrier shall only be liable to the consignor in respect of injury or damage to destruction or loss of the goods directly caused by the carrier. The carrier will not be liable for any consequential loss however caused.

11. Contract
11.1 The terms of the Contract are wholly contained in these Terms and any other writing signed by both parties. The Contract is deemed to have been made at the Company’s place of business where an order was placed and any cause of action is deemed to have arisen there.

12. Refunds
12.1 If a customer receives an order that has been damaged, is not what they ordered, or they did not receive an item(s). The customer must contact the company within 2 working days to be considered for a refund or replacement.
12.2 A refund can be given back as a credit or a refund into the customer's bank account at the customer’s discretion.

13. Force Majeure
13.1 The Company will not be liable for any breach of contract due to any matter or thing beyond the Company’s control (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention of public authority, explosion or accident.

14. No Assignment
14.1 Neither the Contract, nor any rights under the Contract may be assigned by the Customer without the prior written consent of the Company, which is at the Company’s absolute discretion.

15. Changes to Terms and Conditions
15.1 AusWise Network Pty Ltd may add to, delete or otherwise change these terms and conditions without notice. It is the responsibility of the customer to read and understand these terms and conditions each time an order is placed.

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