-
Once accepted these terms apply to all contracts for the sale of goods by Lifestyle Parenting.
-
Lifestyle Parenting reserves the right to amend these terms and conditions at any time and such amended terms shall be notified in writing to the Customer and unless written notice of non-acceptance of the amended terms is given to Lifestyle Parenting the Customer shall be bound by such amended terms.
-
Any amendments, alteration or waiver of these terms is not binding on Lifestyle Parenting unless agreed in writing.
-
The customer acknowledges and agrees that Lifestyle Parenting makes no warranty, representation or promise save as are contained in these terms.
-
Lifestyle Parenting reserves the right to decline in part or in full any order of the customer.
Pricing and GST
-
Prices are determined at the time of order and prior to payment either in part or in full are subject to change without notice.
-
Prices are quoted before freight charges and are exclusive of GST.
-
In addition to the purchase price of the goods the Customer must also pay to Lifestyle Parenting any and all costs of delivering the goods to the Customer’s point of collection including the costs of freighting, flying, shipping, delivering, couriering or posting the goods.
Payment Terms
-
Payment in full is required within 14 days on invoice.
Overdue monies
-
Where payment falls outside of terms Lifestyle Parenting may without forgoing, waiving or varying any other right in these terms:- (a) Refuse to accept any further order; (b) Require the account to be paid down in part or in full before accepting any further order; (c) Hold any previously accepted order.
-
Default interest will be charged at the discretion of Lifestyle Parenting on all outstanding monies at the rate of 3% per month compounding. Accounts sent to collection will attract a 10% one off collection fee to compensate for collections. If collections lead to legal action all costs for debt recovery will be passed onto the customer.
-
Any payments received whilst any invoices are outside of terms will be applied in priority to default interest and then to earlier invoices prior to later invoices.
Retention of Title
-
Lifestyle Parenting reserves the following rights in relation to any goods provided to the customer until all amounts outstanding pursuant to this agreement are paid in full:- (a) Legal ownership of the goods; (b) To enter the Customer’s premises, or any premises or any vehicle or storage facility associated with the Customer without liability for trespass or any resulting damage and retake possession of the goods; (c) To keep and resell any goods repossessed in accordance .
Sales Outlets/Restraint on Online Sales
-
The Customer must not sell the goods through a third party online site or service including but not limited to Gumtree, EBay, and Amazon or similar.
-
The Customer is authorised to sell the goods only through the “bricks and mortar” retail store advised to Lifestyle Parenting at the time of order and if such retail store has online sales attached to it the website and/or online sales platform must be separately approved in writing by Lifestyle Parenting.
No Exclusivity
-
Lifestyle Parenting does not provide exclusivity to the Customer in respect of any goods or locations.
Risk and Insurance
-
The goods are entirely at the risk of the Customer from the moment of delivery to the Customer’s point of Delivery or on collection, even though the title in the Goods has not passed to the Customer at that time.
-
The Customer must at its own expense, maintain the goods and insure them for the benefit of Lifestyle Parenting against theft, breakage, fire, water and other risks as from the moment of delivery or collection until title has passed to the Customer.
Returns/Order Cancellations
-
No order may be cancelled, modified or deferred without the prior written consent of Lifestyle Parenting. If such consent is given it is, at the discretion of Lifestyle parenting, subject to reimbursement of all losses, including loss of profit, freight costs and payment of a cancellation fee being not less than 20% of the invoice price of the goods.
Warranties/Disclaimers
-
All goods supplied are covered by such warranties as are specified by the manufacturer and supplied subject to the product standards detailed by the manufacturer.
-
On discovery of any defect in the goods the Customer must immediately notify Lifestyle Parenting in writing of such defect. The Customer must not carry out remedial work to alleged defective goods without first obtaining the written consent of Lifestyle Parenting to do so.
Liability
-
Certain provisions of the Competition and Consumer Act 2010(Cth) and other statues, rules and regulations in Australia may imply certain non-excludable warranties or conditions or mandate certain statutory guarantees. To the extent that they are not permitted to be excluded, Lifestyle Parenting’s liability for breach of such conditions, warranties or guarantees and the Customer’s sole and exclusive remedy in relation to such breaches shall be limited to the cost of replacing or repairing or acquiring similar goods.
-
To the maximum extent permitted by law and subject to clause 22 herein the Customer agrees that Lifestyle Parenting is released from any and all liability for all indirect and consequential loss or damage of any kind, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind, in contract, tort (including negligence), under any statute or otherwise arising from or in relation to this agreement.
-
The customer agrees to indemnify, keep indemnified and hold Lifestyle Parenting harmless from and against any and all claims , actions, proceedings, losses, damages, costs and expenses (including legal costs on a solicitor/client basis) in respect of any claim by a third party arising in connection to this agreement and the goods supplied pursuant to this agreement.
Guarantee
-
Where the Customer is a corporation the Director/s (hereinafter referred to as “the Guarantor”) shall provide their personal Guarantee in consideration of Lifestyle Parenting providing goods to and agreeing to carry out business with the Customer at the request of the Guarantor which request is testified by the Guarantors execution of any order form. The Guarantor hereby agrees that the Guarantor will with the Customer be jointly and severally liable for the due performance of this agreement. The Guarantor hereby indemnifies Lifestyle Parenting against any failure of the Customer to meets its obligations hereunder against all losses, costs, claims, damages and expense whatsoever suffered or incurred by Lifestyle Parenting by reason of the failure. The Guarantor agrees with Lifestyle Parenting that this indemnity shall not be affected in any way by any moratorium or by any delay or grace or time or other indulgence given or allowed by Lifestyle Parenting to the Customer. Nothing shall require Lifestyle Parenting to first proceed against the Customer before proceeding against the Guarantor and any default of the Customer shall be deemed a default by the Guarantor.
-
The Guarantor expressly acknowledges that a breach of any trading condition imposed by Lifestyle Parenting on the Customer or the failure to pay any monies to Lifestyle Parenting by the Customer immediately upon demand being made therefor shall be deemed to be a breach of this Guarantee by the Guarantor and the Guarantor shall become immediately liable to rectify that breach or pay that money as the case may be.
Governing Law
-
This agreement shall be governed by the laws of Queensland and the parties submit to the exclusive jurisdiction of that State.