ReefAsta is a registered Trademark of Pacific Biotechnologies (Australia) Pty Ltd ACN 640 746 603 (“PBA”).
Payment
Payment will be via direct bank transfer, credit card or PayPal.
Delivery Fees
The Purchaser will be charged for delivery unless the displayed price includes an amount for delivery.
Goods will be delivered to the address stated by the Purchaser.
PBA uses Australia Post for your delivery and charges as per the Australia Post daily rate (this can fluctuate and is set by Australia Post and not PBA).
Jurisdiction
The Purchaser agrees that this agreement will be governed by the laws of the state of Victoria. The parties to this agreement submit to the non-exclusive jurisdiction of the courts of the state of Victoria and the relevant federal courts.
Formation of contract
Placement of an order by the Purchaser, either verbally or in writing, with PBA, will constitute acceptance of PBA’s offer and of these terms and conditions.
Risk
Purchaser will become responsible for loss of or damage to the Goods, immediately upon delivery of the Goods to the nominated delivery address.
Waiver
A waiver of any provision or breach of this agreement by PBA must be made by an authorised officer of PBA in writing. A waiver of any provision or breach of this agreement by the Purchaser must be made by the Purchaser’s authorised officer in writing.
All payments required to be made by the Purchaser under this agreement will be made free of any set-off, or counterclaim and without deduction or withholding.
Dispute
If the Purchaser believes that the Goods supplied do not conform with the order placed or that the price charged does not conform with the price displayed online by PBA, the Purchaser will notify PBA in writing as soon as possible and, in any event, within 7 days, detailing the way in which the Goods or price do not conform. Screenshots and proof of price may be requested as part of this process. Failure to give such notification within 7 days of the date of supply or date of invoice (as applicable) the Purchaser will be deemed to accept the Goods and that they are in accordance with the order and quotation.
The Purchaser will be deemed to have accepted the Goods as supplied if it fails to keep the Goods in the condition they were in when supplied or declines a reasonable request from PBA to inspect the Goods.
Warranties
PBA warrants that the Goods delivered are those specified in the delivery notification and the Goods delivered are owned by PBA, are free from third party claims, undisclosed securities.
Consumer Law
To the maximum extent permitted by law, all terms, conditions or warranties that would have been implied into this agreement or in connection with the supply of any Goods and/or services by PBA under law, statute or custom are excluded.
Limitation of Liability
PBA liability in respect of breaches of expressed or implied terms and conditions, warranties and guarantees (other than the guarantees under section 51 (title), section 52 (undisturbed possession) and section 53 (undisclosed securities) of the Australian Consumer Law) is limited to:
- a) where the Purchaser is a consumer (as defined in the Australian Consumer Law – “consumer”) and PBA has supplied Goods to the Purchaser, any one of the following as determined by PBA: the replacement of the Goods or the supply of equivalent Goods; or the repair of the Goods; or the payment of the cost of replacing the Goods or of acquiring equivalent goods; or the payment of the cost of having the Goods repaired; or
- b) where the Purchaser has supplied the Goods to a consumer: an amount equal to the lowest of the costs of the actions in paragraph (a);
- c) where the Purchaser is not a consumer and has not supplied the Goods to a consumer, the GST exclusive aggregate price paid by the Purchaser for the specific Goods that gave rise to the Purchaser’s claim for breach.
PBA will not be liable for any damages arising out of or in connection with, special, consequential, direct or indirect loss, damage, cost, expense, harm or injury including loss of revenue, loss of profits, loss of anticipated savings or business, loss of opportunity or loss of reputation suffered or incurred as a result of such breach unless such liability is mandatory imposed on PBA by statute.
In addition to the Australian Consumer Law, the limitations of PBA’s liability in respect of breaches of express or implied terms or conditions and warranties and guarantees as expressed in the previous clause will be varied to the extent required to limit the Purchaser’s liability to the extent permitted by relevant state and territory legislation covering sale of goods and consumer protection.
Termination and Suspension
If PBA is not satisfied as to the Purchaser’s ability to pay for the Goods, it may, without any liability arising, suspend or terminate supply. All monies then outstanding by the Purchaser will immediately become due and payable.
Miscellaneous
The Purchaser further agrees that where PBA has rights in addition to those under part 4 of the PPSA, those rights will continue to apply.
Unless otherwise stated in the quotation, penalties or charges for time delays by PBA will not apply. If there is failure to deliver or any time delay in delivery due to weather, fire, labour dispute, strike or other cause whatsoever beyond PBA’s control or due to the inability of PBA to obtain the Goods:
- a) PBA will not be liable for any loss or damage sustained by the Purchaser or by any other person by reason of any such delay or failure, and
- b) The Purchaser will be entitled to suspend deliveries for such period as it may think fit or terminate the agreement immediately after suspending deliveries and will not be liable for any loss or damage sustained by the Purchaser or by any other person by reason of such suspension or termination.
Severance
If any part of this agreement is invalid or unenforceable, that part is deleted, and the remainder of the agreement remains effective.
Variation
The Purchaser agrees that these terms and conditions may only be varied, added to, or amended by an authorised officer of PBA at any time by written update via the PBA website publicly available to the Purchaser.
Entire agreement
This agreement constitutes the entire agreement between the parties relating in to its subject matter. All previous negotiations, understandings, representations, warranties, memoranda or commitments about the subject matter of this agreement are merged in this agreement and are of no further effect.
The Purchaser agrees to the terms of the Privacy Statement pursuant to the Privacy Act 1988 (as amended by the Privacy Amendment (Enhancing Privacy Protection) Act 2012 contained in this document.
PBA complies with the Australian Privacy Principles in relation to the collection and disclosure of information about individuals.