Terms & Conditions
All orders are accepted by AA subject to the Terms and Conditions of Sale set out below:
All orders for products ("Products") or services ("Services") will be accepted by Action Aquatics ABN. 92 778 756 319 - (Barby Trading Co Pty Ltd ) (AA) subject to these terms and conditions of sale. Any person who places orders for Products with AA ("Customer") is bound by these terms and conditions. No other terms will apply to the supply of Products and Services by AA unless agreed in writing by an signatory of AA. AA reserves the right to amend these terms and conditions at any time. The most current version of these terms and conditions can be found at shop.actionaquatics.com.au. References to the "AA catalogue" include AAs paper catalogue, AAs website and any other catalogue of products published by AA in any medium. Descriptions of the Products and Services in the AA catalogue or otherwise communicated to the Customer are approximate only and shall not form any part of the contract with the Customer. AA shall not be liable to the Customer for any errors or omissions in its catalogue. The advertising of products and services in the AA catalogue is not an offer capable of acceptance; it merely constitutes an invitation by AA for the Customer to make an offer.
AA is a business-to-business supplier. The AA catalogue is intended for use by business customers and not for consumers or private individuals.
The prices of Products and Services are as set out in the AA catalogue that is current at the date of despatch of the Products or provision of the Services. Products which are not listed in the AA catalogue will be sold at the prices set out in the relevant AA quotation. AA reserves the right to change prices without prior notice at any time. Up-to-date prices can be found at shop.actionaquatics.com.au.
"GST" means the goods and services tax under the A New Tax System (Goods and Services Tax) Act 1999 (Cth). GST is a broad-based tax of 10% on the supply of goods and services.
All quoted prices exclude GST which is then added to the quoted price. If GST applies to any supply the Customer must pay an additional amount equal to the amount of GST. AA will provide a GST-compliant tax invoice within 28 days of a request.
AA reserves the right to decline to trade with any company or person and may decline to accept any order. AA will not substitute an ordered Product for another unless requested by the Customer, or unless the Product has been superseded by the latest version. If the Customer confirms telephone, fax or internet orders, the confirmation must be marked 'confirmation only' to avoid duplication. If the Customer orders the wrong Product or quantity, or duplicates orders, clause 12 will apply.
AA will aim to deliver Products in accordance with the Customer's order. The Customer's delivery options, and the prices for them, are set out at AAs website or will be notified to the Customer at the time of order. Lead times for the Extended Range are published on the AA website. Delivery will be made to the Customer's usual business address, unless otherwise agreed in and dates for delivery quoted in the AA catalogue or by AAs employees are approximate only and AA shall not be liable for the consequences of any delay in delivery. Time for delivery shall not be of the essence. Delivery of Products marked in the catalogue as requiring special handling may (because of their nature) take longer to deliver. If any delivery is late, the Customer must notify AA, and AA will to ascertain if the product has been delivered or the expected delivery time of the product to the Customer. If a revised delivery time is not acceptable AA may offer an alternative delivery option. In the case of an express delivery, AA will refund the total delivery charge to the Customer if the Customer can prove late or non-delivery. AA may notify the Customer if AA will be unable to fulfil any order within the published lead time, and will provide alternative options. These are the Customer's exclusive remedies for late delivery and AA shall not be liable for any loss or damage (including indirect, consequential or economic) suffered or incurred by the Customer or any other party in relation to late delivery.
6. Inspection, Transit Delays and Non-delivery
The Customer must inspect all Products as soon as reasonably possible after delivery and shall, within 10 days of delivery or, in the case of (iv), the due date for delivery, give written notice to AA of:
Any defect in a Product that is apparent on reasonable examination. In this case AA shall, at AAs discretion, replace the Product or refund the purchase price (See clause 10 for terms of warranty).
ii. Any shortfall in Products delivered. In this case AA shall, at its discretion, deliver the undelivered Products or refund the price of the undelivered Products.
iii. Any delivery of Products not in accordance with the order. In this case AA shall, at AAs discretion, replace the Products or refund the purchase price.
iv. Any non-delivery of the Products. In this case AA shall deliver the undelivered Products or refund the price of the undelivered Products. If the Customer fails to give any such notice, the Customer will be deemed to have accepted the relevant order as being delivered in accordance with the Customer's instructions and to have accepted the Products as being free from all apparent defects.