In this document the following words shall have the following meanings:
- "Customer" means any person who purchases Equipment from the Supplier;
- "Supplier" means Ape X Kiteboarding a wholly owned subsidiary of Apkel Pty Limited;
- "Terms and Conditions" means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
- These Terms and Conditions shall apply to all contracts for the supply of Equipment by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
- Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
PAYMENT AND CANCELLATION
- A minimum 10% deposit is payable to secure the equipment, with the balance due on date of delivery of the equipment.
- In the event of notification of cancellation, the following cancellation fee shall apply on the equipment ordered:
- Prior to equipment being shipped from the Supplier: 10% cancellation fee (the deposit)
- After equipment has been shipped and prior to equipment being delivered: 50% cancellation fee
- After the delivery of the equipment: 100% cancellation fee
- Equipment can be returned or exchanged (at the customers expense) for a credit to be used against a future purchase. Goods must be returned in new condition, and within 14 days of purchase. Credits are valid and must be used within 12 months
- Customers may pay in cash or electronic funds transfer
To enable the Supplier to perform its obligations the Customer shall:
- Co-operate with the Supplier;
- Provide the Supplier with any information reasonably required by the Supplier;
- Keep the supplier notified of their correct name, and any phone or e-mail information.
- Comply with such other requirements as agreed between the parties.
- The Supplier shall provide the Equipment in an acceptable condition and to a reasonable standard in accordance with recognised standards and codes of practice.
- The Supplier accepts all responsibility for the condition of the equipment provided and shall ensure that any materials supplied shall be free of defects at the point of delivery of the equipment.
- All warranty claims are subject to our supplier’s conditions. This warranty does not apply to damage due directly or indirectly, to misuse, abuse, negligence or accidents, alterations or lack of maintenance.
- Warranty claims can be returned at the customers expense and subject to inspection by the Supplier.
LIMITATION OF LIABILITY
- Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury. However, the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Equipment.
- The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
These Terms and Conditions shall be governed by and construed in accordance with the law of Australia and the parties hereby submit to the exclusive jurisdiction of the Australian courts.