General Terms & Conditions

Certain legislation in Australia may provide consumer guarantees or impose obligations on the Supplier which cannot be excluded, restricted or modified, or only to a limited extent. These Terms and Conditions are subject to such legislation, including without limitation the Australian Consumer Law.

1. DEFINITIONS

Australian Consumer Law means the law as set out in Schedule 2 of the Competition and Consumer Act 2010.

Contract means a contract for sale by the Supplier to the Customer of the Products and/or services incorporating these Terms and Conditions.

Consumer Contract means a contract for the acquisition of goods or services as a 'consumer' as that term is defined in section 3 of the Australian Consumer Law.

Customer means the person or legal entity identified in the Supplier’s Quotation or Invoice.

Supplier means KMR Management Pty Ltd.

Order means formal acknowledgement of Product ordered by Customer, sent by the Supplier.

Place of Delivery means the place designated by the Customer and agreed to by the Supplier for delivery of Product.

Price means the price as per the Supplier’s Quotation and Order Confirmation and the latter will have precedence.

Products means the products as described in Order Confirmation.

Returns and Refund Policy means the policy found at http://adventurevitals.com.au/index.php/adventurevitals-equipment/terms-a-conditions.html.

2. FORMATION OF CONTRACT

2.1 No Contract comes into existence until the Customer's order has been accepted by the Supplier and such acceptance has been received by the Customer. The Contract is deemed to be concluded at the time and place where such acceptance is received by the Customer. The Customer warrants that it is buying for its own internal use only and not for re-sale purposes.

2.2 The products sold and/or services rendered are subject to these Terms and Conditions to the exclusion of any other terms and conditions stipulated or referred to by the Customer. The Customer acknowledges that it is aware of the contents of and agrees to be bound by these Terms and Conditions. Neither the Supplier’s acknowledgement of a purchase order nor its failure to object to conflicting, different, or additional terms and conditions in a purchase order will be deemed an acceptance of such terms and conditions or a waiver of the provisions.

3. ORDERS, PRICE AND PAYMENT

3.1 Unless credit terms have been expressly agreed by the Supplier, payment for the Products and/or services must be made in full before physical delivery of Products and/or services.

3.2 The Customer will pay for all applicable shipping and handling charges.

3.3 All prices in the catalogue are in Australian dollars (AU$) and include GST (10% sales tax).  All prices are correct at time of publication.  However, the Supplier reserves its right to alter prices for any reasons.  If this should happen, the Supplier will contact the Purchaser before processing the Order.

3.4 The Supplier reserve the right to withdraw any product from sale without notice, for any reason.  The Supplier makes no undertaking that a product shown in the catalogue will be available when the Customer submits its order.
3.5 The Customer will bear all country, provincial, government, state and local sales, use, goods and services, value added, excise, privilege and similar levies/taxes.

3.6 Time for payment is of the essence.

4. SOFTWARE

4.1 All software provided is subject to the terms and conditions of the license agreement relating to that software. The Customer acknowledges its obligations to abide by such license agreements.  The Customer acknowledges that the Supplier does not make any express warranty in relation to any software under these Terms and Conditions of Sale. In addition to any rights the Customer may have under statute, all software is warranted in accordance with the license agreement that governs its use.

4.2 All rights, title or interest in respect of the intellectual property rights in the software remain with the licensor of the software at all times.

5. TITLE AND RISK

Title to and risk in the Products passes to the Customer upon delivery of the Products to the Customer. Title to those products, which are software, shall remain with the applicable licensors at all times.

6. DELIVERY

6.1 The Supplier will deliver the Products to the Place of Delivery.

6.2 For the efficiency of the Supplier’s fulfilment procedures, it may be necessary for the Supplier to deliver the Products by instalments in any sequence. Except as provided in clause 6.4, the Customer may not cancel the Contract where Products are delivered by instalments.

6.3 Any dates provided by the Supplier for the delivery of the Products are estimates only and will not form part of the Contract. Actual delivery date will be affected by factors such as clearance of payment, Customer's location and availability of parts for the Products. For non Consumer Contracts, the Supplier will not be liable for any delay in delivery of the products and/or services, howsoever caused.

6.4 Customer may cancel an order for Products purchased under a Consumer Contract if the Supplier is unable to deliver the Products within a reasonable period from the estimated delivery date.

7. ACCEPTANCE OF PRODUCTS

7.1 Unless the Customer notifies the Supplier to the contrary on the day of delivery and such notification is confirmed by the Supplier within two days, the Products will be deemed to have been accepted by the Customer. The Customer will not be entitled to withhold payment of all or any of the price of the Products whilst any claim is being investigated by the Supplier.

7.2 Products purchased under these Terms and Conditions directly from the Supplier by Customer may be returned by the Customer up to 15 days from the date of the invoice for a replacement, refund or credit of the purchase price in accordance with the Supplier's Returns and Refund Policy in effect at the date of the invoice. The refund or credit will not include any shipping and handling charges forming part of the purchase price. Products returned under the Returns and Refund Policy must be received by the Supplier in as-new condition, including conformance to invoiced specification, and all of the manuals, diskettes, DVD/CDs, power cables and other items included with a Product must be returned with it.

8. WARRANTY

8.1 Nothing in this clause 8 affects a Customer's rights under the Australian Consumer Law.

8.5 The Supplier does not give any warranty that Products purchased under a Contract other than a Consumer Contract are fit for any particular purpose.

9. LIABILITY

9.1 The Supplier will not be liable in contract or in tort for any loss or damage suffered and the Customer's rights are limited to those set out in these Terms and Conditions and under statute.

9.2 For goods and services which are not supplied under a Consumer Contract the Supplier’s total liability in respect of each event or series of connected events will not exceed the total price paid for the purchase of products and/or services under these Terms and Conditions.

9.3 The Customer will indemnify the Supplier and keep the Supplier fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or wilful misconduct of the Customer, its employees, agents or sub-contractors or by any breach of its contractual obligations arising out of these Terms and Conditions.

9.4 The Supplier and the Customer agree that the Supplier’s liability:

(a) for Products supplied under a Consumer Contract, is governed solely by the Australian Consumer Law;

(b) for Products not supplied under a Consumer Contract does not extend to any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use or performance of products or services, even if the Supplier has been advised of their possibility.

9.5 To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by the Supplier will be subject to correction without any liability on the part of the Supplier.9.6 In relation to goods or services supplied under a Consumer Contract that are not of a kind ordinarily acquired for personal, domestic or household use or consumption, the Supplier’s liability for breach of a guarantee implied into a Contract which cannot lawfully be excluded is limited, at the Supplier’s option, to:

(a) in the case of Products, the replacement of the Products or the supply of equivalent Products; the repair of such Products; the payment of the cost of replacing the Products or of acquiring equivalent products; or the payment of the cost of having the Products repaired; OR

(b) in the case of services, the supplying of services again; or the payment of the cost of having services supplied again.

10. USE OF PRODUCTS

The Customer agrees to only use the Product in accordance with any manual and any specified operating conditions.

11. BUSINESS USAGE

Where Products are bought for business usage the Customer warrants to implement appropriate means and procedures to ensure operational continuity of the business in the event that the Product experiences any performance failures. This may include disaster recovery plans, comprehensive data back up plans and the implementation of redundant networks.

12. FORCE MAJEURE

The Supplier will not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of the Supplier so delaying, and the Supplier will be entitled to a reasonable extension of time for the performance of such obligations.

13. GOVERNING LAW

These Terms and Conditions are governed by and construed in accordance with the laws of New South Wales and are subject to the non-exclusive jurisdiction of the courts of New South Wales.

14. GENERAL14.1

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question will not be affected.14.2 No failure or delay on the Supplier part in exercising any power or right under these Terms and Conditions operates as a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise, or the exercise of any other power or right.