TERMS & CONDITIONS
It is important that you follow the care instructions provided with your Wenatex products in order to gain maximum benefit from them. The Wenatex Product Guarantee does not cover standard wear and tear, misuse, mishandling, abuse or negligence associated with the care and use of Wenatex products. In addition, the guarantee does not cover a mattress or base that is not to your comfort preference.
1.1 Unless inconsistent with context:
“Customer” shall include, in the case of an individual his executors and administrators and in the case of corporation, its successors and permitted assigns. Where the Customer is more than one person all Customers shall be jointly and severally bound by the terms and conditions contained or implied herein. “Ortho-Tex” means Ortho-Tex Pty Ltd ABN 57 607 948 416 together with its successors and assigns.“Goods” means all products offered for sale by Ortho-Tex and delivered to the customer.
1.2 The plural includes the singular and vice versa. Marginal headings shall not affect interpretation of the Agreement.
2. QUOTATIONS AND ORDERS
2.1 Unless otherwise in writing, all quotations given by Ortho-Tex are subject to withdrawal or variation by Ortho-Tex at any time prior to acceptance by Ortho-Tex of the Customer’s Order.
2.2 No Customer’s Order shall be binding on Ortho-Tex until accepted by Ortho-Tex. No provisions of the Customer’s shall, where there is an inconsistency between them and these Terms and Conditions, override the provisions of these Terms and Conditions.
3.1 Ortho-Tex warrants that the Goods are of merchantable quality and for the purpose for which they are supplied. Ortho-Tex also warrants that the Goods are of the same quality as those demonstrated.
3.2 Where legislation implies in this agreement any condition or warranty and that legislation avoids or prohibits provisions of a contract excluding or modifying the application of or exclusion of liability under such warranty or condition, the condition or warranty shall be deemed to be included in this agreement. However, the liability of Ortho-Tex for any breach of such condition or warranty shall be limited to the replacement of the Goods.
3.3 Subject to clauses 3.1 & 3.2, and with the exception of other terms and conditions provided by Ortho-Tex to the Customer (e.g. Warranty information), any condition or warranty which would otherwise be implied in this agreement is excluded.
3.4 The Customer acknowledges to the extent Ortho-Texor its distributor has made any representation which is not expressly stated in this agreement, the Customer has been provided with an opportunity to independently verify the accuracy of that representation.
4.1 Ortho-Tex shall be under no liability to the Customer in respect of any loss or damage (including consequential loss or damage) which may be suffered or incurred or which may arise directly or indirectly in relation to the Goods supplied pursuant to this agreement or in respect of a failure or omission on the part of Ortho-Tex to comply with its obligations under this agreement.
5.1 The Customer shall pay to Ortho-Tex that price calculated in accordance with Ortho-Tex quotation, the Customer’s Order and Ortho-Tex acceptance of the Order and will reimburse Ortho-Tex for any GST payable by Ortho-Tex on the supply of the Goods.
5.2 Ortho-Tex will invoice the Customer upon delivery and the Customer shall pay Ortho-Tex in accordance with their trading terms without any deductions.
5.3 Ortho-Tex requires a minimum of 10% deposit for cash orders.
6.1 The Customer shall give delivery instructions for the Order. Ortho-Tex will arrange for delivery as nearly in accordance with the Customer’s delivery instructions as possible.
6.2 Any times quoted by Ortho-Tex for supply and delivery are estimates only. The Customer shall not be relieved of any obligation to accept or pay for products by reason of any delay in supply or delivery.
6.3 If the customer postpones acceptance of delivery of the order to a date later than one month from the order date, Ortho-Tex may require the customer to pay 10% of the order value per month until the product is scheduled for delivery.
7. POST DELIVERY FEES
7.1 Except as required by law, Ortho-Tex is under no obligation to accept the return of the Goods.
7.2 If Ortho-Tex does accept the return of goods, then Ortho-Tex may in its discretion and if permitted by law charge the Customer an administration fee, calculated at 10% of the Goods’ sale price, and a $100 pick-up fee.
7.3 In some cases, Ortho-Tex may also charge a 5% product disposal fee.
8. FORCE MAJEURE
Ortho-Tex shall not be liable for any failure by it to perform this Agreement, or for any loss or damage suffered by the Customer in consequence thereof which arises from any cause whatsoever beyond the control of Ortho-Tex.
Failure by Ortho-Tex to insist upon strict performance of any term or condition herein shall not be deemed a waiver of any rights Ortho-Tex may have and shall not be deemed a waiver of any subsequent breach of any term or condition.
10. TECHNICAL ASSISTANCE
It is expressly agreed that if Ortho-Tex provides to the Customer technical advice or assistance, then no liability for loss or damage suffered whether directly or indirectly by the Customer in consequence of its reliance upon that technical advice or assistance shall attach to Ortho-Tex whether that loss or damage arises for breach of contract at common law, including the law relating to negligence by Ortho-Tex, and whether arising directly, indirectly or consequently.
11. INTEREST AND COSTS
Should payment remain outstanding beyond Ortho-Tex payment terms, Ortho-Tex reserves the right to charge interest on all amounts outstanding from the due date until the date of payment at a rate of 12% per annum, and the Customer is liable for all costs including legal and collection costs incurred by Ortho-Tex in recovering the amount outstanding.
12. GOVERNING LAW
This Contract shall be governed by and construed in accordance with the laws of Queensland, which are declared the proper laws of this Contract and the parties hereby submit to the jurisdiction of the courts of Queensland and the Commonwealth of Australia.
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