Application of these terms
These terms do not apply to the sale of goods
No promise of availability
Limitation of liability and disclaimer
Copyright in this website
Mexi Trading’s Trade marks
Trade Marks of other suppliers
Amendment of these terms
TERMS OF SALE
“Delivery” means when We or Our contracted carrier leaves the Goods at the address You nominate for Delivery when You submit Your order.
“Delivery Charges” means Our charges for Delivering the Goods.
“Goods” means Goods ordered by You and/or supplied by Us under this Agreement, as the case requires.
“GST” means goods and services tax as provided in the A New Tax System (Goods and Services Tax) Act. 1999 (Cth), as amended.
“Price” means the price payable for the Goods as specified in this Website.
“Mexi Trading”, “We”, “Us” and cognate expressions means Mexi Trading Pty Ltd (ABN 82 153 179 287) and Our successors and assigns.
“Website” means this website (located at [here insert relevant website URL] as changed from time to time.
“You” means the person submitting an order and any other person or company on whose behalf the order is submitted and Your successors and permitted assigns.
2 Application of these terms and conditions of sale
2.3 We may vary this Agreement at any time without notice. It is Your responsibility to read and consider these terms and conditions whenever You wish to purchase Goods from Us. Changes to this Agreement do not apply to any order after You have submitted it to Us.
3 Purchase for end-users only
3.2 Limits to the quantity of Goods that can be purchased via this Website apply and are set by Us from time to time. If Your order exceeds any such limit, You will be notified when You submit Your order and You will be asked to submit Your order for a lesser quantity of Goods.
3.3 If you wish to become a reseller of the Goods sold via this Website, please contact Us.
4 Orders – submission; acceptance; rejection; cancellation
(a) You make an offer to purchase the selected Goods for the Price, Delivery Charges and GST notified at the time You submit it;
(b) You must provide Us with accurate, and complete information and provide any additional details We may require.
4.2 We are not bound to accept any order. If We:
(a) accept Your order:
(i) We will send You an email confirming acceptance and We will supply the Goods in accordance with this Agreement; and
(ii) that results in a separate binding contract for the sale and purchase of the relevant Goods, on the terms and conditions of this Agreement;
(b) reject Your order:
(i) We will notify You at the time You submit the order or afterwards within a reasonable time; and
(ii) any payments We have received from You will be refunded in full.
4.3 If Goods You have ordered are not in stock, We will make reasonable endeavours to obtain them within 30 days. We will notify You of this and provide You with an estimated Delivery date.
4.4 You may cancel an order (whether We have accepted it or otherwise) at any time before the Goods have been Delivered. You can effect cancellation by contacting Our Customer Service Department during office hours. After Delivery, You may return Goods if they are not damaged in accordance with clause 8 (Returns).
4.5 If You cancel Your order:
(a) before the Goods are dispatched for Delivery, We will refund all monies paid by You in full; or
(b) after Goods are dispatched for Delivery, We will refund all monies paid by You excepting Delivery Charges and GST on those Delivery Charges.
(c) Special order product 3M Aquapure , Puretec , Johnguest part any return handling charge 15% deduct from whole amount
4.6 We may cancel an order after We have accepted it if:
(a) the Goods You have ordered are not available;
(b) the information You provide to Us is incorrect or incomplete;
(c) We reasonably believe that Your order has been submitted in breach of this Agreement;
(d) We are unable to process Your payment of any monies payable to Us under this Agreement and/or
(e) if We reasonably believe that the credit card details You have submitted are fraudulent or that You are otherwise attempting to obtain the Goods by unlawful means.
4.7 If We cancel Your order at any time, We will:
(a) notify You by email to the email address submitted by You with Your order;
(b) not process Your payment or, if We have already processed payment at the time of cancellation, refund all monies paid by You.
5.2 Any notice to You of a Delivery date for Your order is an estimate in good faith and We are not liable for delays or any failure in Delivery.
5.3 Unless We otherwise agree in writing with You:
(a) a person must be present at the Delivery address to take possession of the Goods. We recommend that You be present but You authorise Us to leave Goods in the possession of any person at the Delivery address who reasonably appears to Us or Our contracted carrier to be (in the case of a residence) residing at the Delivery address or (in the case of a business address) working at the Delivery address. We may require photographic or other proof of identity and/or to show Us or Our carrier the credit card used to purchase the Goods.
(b) if no-one is present at the Delivery address then, We may, in Our discretion, not leave the Goods at the Delivery address. In such cases, We will contact You to arrange an alternative Delivery date and time and You must pay Us any additional Delivery Charges on or before Delivery.
5.4 By Authority To Leave on our Signature on Delivery option you authorise the courier to leave the goods unattended at the delivery address and you accept that once the courier has done so, the complete order has been received. Selection of Authority to Leave is deemed by our couriers as a signature from the recipient.
6 Price, payment, GST and Delivery Charges
6.2 You agree to pay the Price for the Goods You order, the Delivery Charges, GST and other applicable taxes and any other fees of which We notify You when You submit Your order.
6.3 All monies must be paid to Us on submission of Your order.
6.4 You can pay monies payable to Us by using the credit cards shown in the payment section when You submit Your order. You authorise Us to debit the amounts payable to Us from your nominated credit card.
6.5 You must pay Us GST on the Price, Delivery Charges and all other fees and charges payable under this Agreement at the prevailing rate set under the GST Law. We will provide You with a tax invoice when We process Your payment and a receipt for payment on Delivery of the Goods.
7 Risk and title.
8 Returning undamaged Goods after Delivery
8.2 If We accept the return of Goods, We will refund You the Price (and GST paid on the Price) that You paid for those Goods, but not the Delivery Charges or GST on the Delivery Charges paid by You.
8.3 All return need to be made 30 days of purchase.
9 Defective Goods – warranty against defects
10 Limitation of Our liability
10.2 Subject to clause 10.1, all implied terms and warranties are excluded. Only those terms and warranties that are expressly made in this Agreement or in this Website, apply. You agree that you do not rely on any representations not expressly made in this Agreement or otherwise in this Website.
10.3 Subject to clause 10.1 and the other provisions of this clause 10, Our liability to You for breach of contract, negligence or other tort, is limited at our option:
(a) in the case of goods, to the replacement or repair of the goods or the payment to You of the cost of replacing or acquiring equivalent goods or of having the goods repaired; and
(b) in the case of services, the resupply of the services or the payment to You of the cost of having them re-supplied.
10.4 Subject to clause 10.1, for the sake of clarity and in addition to clause 10.3, We are not liable to You for loss of profit, lost opportunity or opportunity cost, loss of cost savings, economic loss, indirect and consequential loss.