”Buyer” means the individual or organisation who buys or agrees to buy the Goods from the seller;”Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;”Contract” means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;”Seller” means Mendelssohn Pilot Supplies ( A trading name of Mendelssohn Pilot Supplies PTY LTD.)Terms and Conditions means the terms and conditions of sale set out in this document and any special terms and conditions in writing by the Seller.
Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions. Any variation of these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the seller. The Seller may choose not to accept an order for any reason. Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund with in 30 days. When making an order through the Web site, the technical steps the Buyer needs to take to complete the order process are described in the HELP section within the web site.
4. PRICE AND PAYMENT
The Price of the Goods shall be that stipulated on the Seller’s Web Site. The Price is inclusive of GST. The Price excludes delivery charges.The total purchase price, including GST and delivery charges, if any, will be displayed in the Buyer’s checkout prior to confirming the order. After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer.Payment of the Price including GST and delivery charges must be made in full before Dispatch of the Goods.The Price will be sent for Payment in AUS$. Currency conversion by the bank or Paypal may differ from that on the site. In this case the Price will be the amount paid to the bank.
5. RIGHTS OF SELLER
The Seller reserves the right to adjust the price and specification of any item on the Web site. At its discretion.The Seller reserves the right to withdraw any goods from the Web site. At any time. The Seller shall not be liable to anyone for withdrawing any Goods from the Website. Or for refusing to process an order.
The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the Goods, the Seller shall be entitled to cancel the order immediately, without notice.
Goods supplied within Australia will normally be delivered within 5 working days of receipt of order. Where a specific delivery date had been agreed and where this delivery date is not met. The Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund of the cost of carriage. The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages, or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date. Delivery of the goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for Delivery. Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
8. CANCELLATION AND RETURN
The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by email at firstname.lastname@example.org within 7 working days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods. Where a claim of defect or damage is made, the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the goods are in fact defective. If you are a consumer, you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller at email@example.com within 7 working days of the receipt of the Goods and returning in original packing and condition at buyers cost.Goods must be returned by the Buyer at the Buyer’s expense and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges within 30 days of cancellation. If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer. Goods to be returned must clearly show the invoice number obtained from the Seller on the package.
9. LIMITATION OF LIABILITY
Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever. Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
No Waiver by the Seller (whether express or implied) in enforcing any of the its rights under this contract shall prejudice its rights to do so in the future.
11. FORCE MAJEUR
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay of failure results from events or circumstances outside its reasonable control, including but not limited to acts of god, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
If any term of provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effects as if these Terms and Conditions has been agreed with the invalid illegal or unenforceable provision eliminated.
13. CHANGES TO TERMS AND CONDITIONS The Seller shall be entitled to alter these Terms and Conditions at any time. But this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.