Terms and Conditions
The following terms and conditions apply when making a purchase using the website www.uipl.com.au
1. Definitions:
1.1 “Supplier” refers to Chandru International Pty Ltd ABN 15 364 178 614 and/or Ultimate International Pty Ltd ABN 72 125 569 593
1.2 “Customer” refers to you the customer and/or user of our website
2. Using the Website
2.1 All products listed are described with care. However the Supplier cannot guarantee total elimination of human errors or any other errors due to factors beyond the Supplier's control.
2.2 The Supplier reserves the right to remove or edit content on the website (including product information and prices), cancel or refuse orders and terminate accounts at their sole discretion.
2.3 By placing your order, you agree that we may store, process and use data collected from your Order Form for the purpose of processing your Order and other related activities. Please refer to the Privacy Statement posted on our website for information on our policy when dealing with this data.
2.4 The Customer must adhere to minimum quantity and order multiples as stated in product descriptions.
2.5 By accepting these Terms and Conditions you acknowledge that you are 18 years age or over. Should the Supplier suffer any damage or other losses due to a transaction entered into by a person under the age of 18 years, the Supplier reserves the right to seek compensation for such losses from the parents or guardians of that person.
3. Prices and Orders
3.1 Orders will (unless otherwise agreed in respect of any particular order) be supplied at the price quoted to the Customer and if no price is quoted, at the Supplier's prevailing price at the date of the relevant order.
3.2 Stamp duty and government charges of any kind will not be included in the quoted price. Except where stated, prices quoted on the website are quoted exclusive of GST which will then be calculated and added to the final invoice presented at the online checkout.
3.3 All information provided on the website is not an offer but an invitation to treat. When a Customer completes a transaction on the website and creates an order they are making an offer to the Supplier. The Supplier may then accept that offer by despatching the products. The Supplier is not bound to accept an order submitted by the Customer.
4. Payment
4.1. Payment must be provided before goods are supplied.
4.2. Payments will be processed on business days only.
4.3. The Supplier may require additional information or verification from the Customer in order to process payments.
4.4. If for any reason payment is not received within 10 days of the order being created the order will be cancelled at the Supplier’s discretion.
4.5. If for any reason the goods have been supplied and payment has not been made, all outstanding amounts due by the Customer to the Supplier will attract interest from the 31st day from the date of the order at the Westpac Indicator Rate plus 4%. Interest will accrue on a daily basis and will be compounded monthly in arrears.
4.6. No negotiable instrument accepted or negotiated shall be taken to be payment except to the extent of the sum actually received despite the issue of the receipt.
4.7. The Customer must pay to the Supplier on demand all legal costs and expenses on a full indemnity basis incurred by the Supplier in recovering any amounts due to the Supplier or in relation to any proceedings taken out by the Supplier against the Customer to recover any indebtedness of the Customer to the Supplier.
5. Title
5.1. Once payment is made in full to the Supplier and the goods, subject to an order by the Customer, have been despatched by the Supplier, title in the goods will pass from the Supplier to the Customer.
5.2. If for any reason, payment has not been made in full, the Supplier is entitled, without limiting other remedies, to enter the premises where the relevant goods are situated and take possession of those goods. The Supplier may then resell these goods after seven days written notice to the Customer. The Customer will be responsible for the difference between the resale price and unpaid contract price. If the goods have not been resold the Customer will remain responsible for the unpaid contract price, interest and any storage costs.
5.3. Despite Clause 4.1 and 4.2, risk in the goods ordered will pass to the Customer upon despatch of goods by the Supplier to the Customer in accordance with the relevant order.
6. Delivery
6.1. The Supplier may arrange transportation at their own discretion.
6.2. Delivery charges will be calculated during the checkout process. The Customer will be liable for all delivery costs.
6.3. The Supplier does not guarantee the accuracy of delivery times mentioned on this website or through any communication between the Supplier and Customer. The Supplier will not be responsible for non-delivery or delay in delivering any relevant goods caused directly or indirectly by force majeure or any cause whatsoever beyond the Supplier’s reasonable control, even if any such cause may be operative at the time of accepting any order for goods placed by the Customer. Any relevant goods not delivered and delayed by virtue of force majeure may, at the option of the Supplier, be delivered at any subsequent time and must be accepted and paid for by the Customer.
6.4. If the preparation of the Customer’s order or the delivery of any relevant goods is suspended by the Customer’s instructions or lack of instructions the Customer may be subject to additional delivery charges at the Supplier’s discretion. If the Customer is unable to take delivery of any relevant goods when they are ready for dispatch, the Supplier retains the right to invoice the Customer and charge for all storage costs incurred.
7. Returns Policy
7.1. For return of goods that are defective or damaged, or where otherwise required under the NSW legislation, the Customer must give written notification to the Supplier within 7 days of delivery of the goods.
7.2. The Supplier will respond within a reasonable period of time. The Customer must wait for an approval of a valid claim by the Supplier before returning the goods. The Customer must then return the goods within 7 days of the date of this approval notice.
7.3. The Supplier will then replace the product. If replacement or repair is not possible within a reasonable period of time, a refund will be given to the Customer.
8. Warranties and Conditions
8.1. Customers have the benefit of conditions and warranties implied by the Trade Practices Act 1984. Nothing in these Terms and Conditions nor any other notices on our website is intended to exclude, restrict or modify any statutory obligation of the Supplier if it cannot lawfully be done.
8.2. If the Supplier is liable for a breach of condition or warranty implied by Division 2 of Part V of the Trade Practices Act (not being a condition or warranty implied by SECT 69 of the Trade Practices Act) the liability of the Supplier for the breach will, subject to SECT 68A of the Trade Practices Act, be limited to one of the following as determined by the Supplier: a)replacement of relevant goods or the supply of equivalent goods or (b) payment of the cost of replacing the relevant goods or of acquiring equivalent goods.
8.3. The Supplier will not be responsible to the Customer for any consequential damages or loss.
8.4. Subject to any legislation to the contrary: (a) representation and agreements not expressly given to the Customer by the Supplier in writing will not be binding on the Supplier as conditions, warranties or representations and any conditions, warranties and representations not so given in writing, express or implied, statutory or otherwise, whether collateral or antecedent or otherwise are expressly negated, and excluded; (b) The Supplier will not be responsible to the Customer for any injury to persons which is not caused by the direct negligence of the Supplier and the Customer must indemnify the Supplier in respect of such injury; (c) no warranty is given and no responsibility is accepted by the Supplier to ensure responsibility of the Customer and (d) the Customer acknowledges and agrees that they will not rely on the Supplier’s skill or judgment in selecting and ordering any goods from the Supplier.
8.5. The Customer agrees to indemnify the Supplier against any claim by the Commissioner of Taxation or any officer of the Australian Taxation Office or for any liability of the Supplier relating to the goods and services tax or any other tax in force for the time being, in circumstances where the Customer claims an exemption from such taxes on the basis of an exemption declaration.
8.6. No contractual stipulations submitted by the Customer to the Supplier shall form part of any contract arising out of acceptance by the Supplier of any of any order from the Customer. If any such stipulations are held to form part of any contract, then in the event of any inconsistency with these Terms and Conditions, these Terms and Conditions shall prevail.
9. Law and Jurisdiction
9.1. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected.
9.2. Failure to enforce the above Terms and Conditions does not constitute a waiver of any Terms and Conditions and will not affect the right to later enforce said Terms or Conditions.
9.3. In the event of any dispute arising out of any dealings between the Customer and the Suppliers the courts of New South Wales in Sydney shall alone have jurisdiction. All costs incurred by the Suppliers towards such legal matters must be borne and paid by the Customer.
