Goldacres Goods are only available for purchase upon the terms and conditions set out below.
1. In these terms and conditions of sale and warranty:
(1) “Goldacres” means Goldacres Trading Pty. Ltd. A.C.N. 061 306 732 of 1-3 Morang Crs Mitchell Park; trading as Goldacres Agricultural Equipment (its successors and assigns) which is the seller of the Goods;
(2) “Purchaser” means the purchaser/Buyer of the Goods;
(3) “Goods” means the product and, if any, the services sold or provided;
(4) Nothing in these terms and conditions of sale and warranty shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying, any condition, warranty, guarantee, right or remedy implied by law (including the Trade Practices Act 1974) and which by law cannot be excluded, restricted or modified.
(5) GST Act and GST are given the meanings referred to in a New Tax System (Goods and Services Tax) Act 1999.
2. These terms and conditions shall apply to every sales contract and sale of goods between Goldacres and Purchaser; any terms and conditions of Purchaser order deviating from or inconsistent with these Terms are expressly rejected by Goldacres. A contract shall only be or be deemed to have been entered into between Goldacres and Purchaser for the supply of goods when, upon an order having been placed upon Goldacres for goods, that order has been accepted by Goldacres.
3. All prices are listed in our quotations and product catalogue Inclusive of 10% GST. Prices listed and/or quoted are subject to change or alteration without notice. Payment can be made via Credit Card, PayPal or Stripe only.
4. The delivery times made known to the purchaser are estimates only and Goldacres shall not be liable for late delivery, non-delivery or delay and under no circumstances shall Goldacres be liable for any loss, damage or delay occasioned by the purchaser or its customers arising from the late or non-delivery or late installation of the Goods. Goldacres offers free delivery Australia wide. Goods will not be shipped outside of Australia. Goldacres may deliver the goods by instalments or partial shipments, and the purchaser will accept each delivery. Requirements of Purchaser shall not be a condition or of the essence of the sales. Goldacres shall be under no liability for direct or consequential loss or damages to purchaser arising from delay or postponement in delivery.
5. Goldacres will not in any circumstances accept liability for damage, shortage or loss during transit. Goldacres shall render the purchaser such assistance as may be necessary to press claims on carriers provided that the purchaser shall have notified Goldacres and the carriers immediately the loss or damage is discovered on receipt of Goods and shall lodge a claim on the carrier within three (3) days of the date of receipt of the Goods.
6. Orders accepted by the Goldacres cannot be countermanded or delivery deferred or goods returned except with the written consent of Goldacres and upon terms that reimburse and indemnify Goldacres against all loss including freight, bank charges and other incidental expenses on any part of the order that is cancelled.
7. All specifications, (without limiting the generality of same – including: drawings, particulars of weights, volumes, capacities, dimensions, load factors) are approximate only and any deviation shall not be taken to vitiate any contract with Goldacres or form any claim against Goldacres. The descriptions, illustrations, and performances contained in catalogues, price lists and other advertising matter do not form part of the contract of sale of the Goods.
8. Any performance, volumes, and/or capacity figures given by Goldacres are estimates only. Goldacres shall be under no liability for damages for failure to obtain such figures unless specifically guaranteed in writing and any such written guarantee shall be subject to the recognised tolerances applicable to such figures. The suitability of chemicals and other liquids for any application and the application methods and the environmental effects shall be sole decision and responsibility of the purchaser and the user of the Goods. Goldacres gives no warranty as to the suitability of any chemicals or other liquids for any application, nor the application methods nor the environmental effects, which may result from the use of the Goods. Goldacres shall be under no liability for damages arising out of the use of any chemicals, liquids, or mixtures in the Goods nor for any application, nor for the application methods nor for the environmental effects, which may result from the use of the Goods.
9. Goldacres shall not be under any obligation to accept Goods returned by the purchaser and will do so only on terms to be agreed in writing in each individual case.
10. The failure of any party to enforce the provisions of this agreement or to exercise any rights expressed in this agreement shall not be a waiver of such provisions or rights and shall not affect the enforcement of this agreement. The exercise by any party of any of its rights expressed in this agreement shall not preclude or prejudice such party from exercising the same or any other rights it may have irrespective of any previous action taken by that party.
11. If by reason of any fact, circumstance, matter or thing beyond the reasonable control of Goldacres is unable to perform in whole or in part any obligation under this agreement then Goldacres shall be relieved of that obligation under this agreement to the extent and for the period that it is so unable to perform and shall not be liable to the purchaser in respect of such inability.
12. Risk in the Goods shall pass to the purchaser upon delivery of the Goods to the purchaser.
13. The contract for sale of the Goods and the provision of the services is made in the State of Victoria and the purchaser agrees to submit all disputes arising with Goldacres to the courts of such State and any court competent to hear appeals therefrom.
14. Goods sold shall only have the benefit of a manufacturer’s warranty if the purchaser has complied with the manufacturer’s instructions in relation to maintenance and operation of the goods sold. Goldacres liability in respect of a breach of a consumer guarantee for any goods not of a kind ordinarily acquired for personal, domestic or household use is limited to, to the extent permissible by law and at Goldacres’ option in relation to the goods.
(i) the replacement of the goods
(ii) the repair of the goodss
(iii) the payment of the cost of replacing the goods or the payment for the cost of having the goods repaired. The exemption, limitations, terms and conditions in these Terms apply whether or not the loss or damage is caused by negligence or actions constituting fundamental breach of contract. Goldacres is not liable for any direct, indirect or consequential loss or damage howsoever arising or occurring, whether founded in tort, contract, statute or otherwise.