Karcher Australia | Terms of sale

DEFINTIONS
1.	"ACL" means the Australian Consumer Law Schedule of the Competition and Consumer Act;
2.	"Contract" means any contract for the provision of goods and services by Kärcher to You;
3.	"Consumer" is as defined in the ACL and in determining if You are a consumer, the determination is made if You are a consumer under the Contract;
4.	"Goods" means goods supplied by Kärcher to You;
5.	"GST" means the Goods and Services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended;
6.	"Kärcher" means Kärcher Pty Ltd (ACN 002 721 226);
7.	"Services" means services supplied by Kärcher to You;
8.	"Site" means the e-store located at www.karcher.com.au;
9.	"Terms" means these Terms and Conditions of Sale;
10.	"You" means the person, jointly and severally if more than one, acquiring goods or services from Kärcher.
BASIS OF CONTRACT AND ORDERING
11.	These Terms apply exclusively to every Contract and cannot be varied or replaced by any other terms.
12.	Any quotation, displayed price, order list or order confirmation provided by Kärcher to You for the proposed supply of goods or services is an invitation to treat only, and is subject to You placing an order which is your offer to enter into a Contract with Kärcher on these Terms.
13.	You may only place an order if You are a private buyer, and not if You intend to resupply the goods. Kärcher reserves the right to refuse supply to businesses and commercial enterprises.
14.	A Contract is formed when Kärcher confirms its acceptance of Your order and receipt of Your payment.
15.	Kärcher in its absolute discretion may refuse to accept any order from You.
16.	Kärcher may vary or amend these Terms by notice written notice to You at any time. Any variations or amendments will apply to orders made by You after the notice date.
PRICING AND PAYMENT
17.	Prices displayed for the supply of goods and services include GST, and any other taxes or duties imposed on or in relation to the goods and services.
18.	Payment for the goods and services must be made strictly by credit card or electronic funds transfer immediately upon confirmation of Your order. Goods will not be dispatched and services will not be provided until full payment has been confirmed.
19.	Goods displayed are subject to availability. If any goods are not available, Kärcher will inform You within [x] days.
20.	In the case of non-availability of goods:
20.1	You may request the provision of substitute or similar goods or services; or
20.2	If the goods will become available at a later date, You may request to wait until the goods become available; or
20.3	You may cancel Your order and Kärcher will make the appropriate adjustment to, or refund of, the purchase price.
RISK AND INSURANCE
21.	The risk in the goods and all insurance responsibility for theft, damage or otherwise will pass to You immediately on the goods being dispatched from Kärcher' warehouse.
22.	The goods are sold to You on the basis that You have obtained all necessary licences or permits under all relevant laws and regulations in relation to the goods.
23.	You assume all risk and liability for loss, damage or injury to persons or to Your property or the property of third parties, arising out of the use or possession of any of the goods sold by Kärcher, unless recoverable from Kärcher on the failure of any statutory guarantee under the ACL.
DELIVERY
24.	Kärcher will arrange for the delivery of the goods to You to a nominated delivery address within Australia.
25.	Subject to any special offers or promotions, You will be responsible for all costs associated with delivery, including postage or courier delivery, insurance and other charges arising from the point of dispatch of the goods to the point of delivery. Such delivery costs will be calculated and displayed prior to Your payment for the goods.
26.	Any period or date for delivery of goods or provision of services stated by Kärcher is an estimate only and not a contractual commitment.
27.	Kärcher will use its reasonable endeavours to meet any estimated dates for delivery of the goods but will not be liable for any loss or damage suffered by You or any third party for failure to meet any estimated date.
28.	If Kärcher cannot complete the services by any estimated date, it will complete the services within a reasonable time.
29.	Kärcher may make part delivery of goods or provision of services and may invoice You for the goods or services so provided.
30.	A postage receipt, courier docket or driver's manifest directing delivery to the address nominated by You will be proof of delivery of the goods.
31.	You may be required to provide photo identification at the time of delivery of the goods.
32.	You indemnify Kärcher against any loss or damage suffered by Kärcher as a result of delivery or failed delivery, except where You are a consumer and Kärcher has not used due care and skill.
33.	You must advise Kärcher in writing within 72 hours of delivery:
33.1	of the non arrival of any or all of the goods;
33.2	if there is damage to the goods;
33.3	that the wrong goods have been received; or
33.4	that the quantity of the goods is incorrect.
LIABILITY
34.	Except as the Terms specifically state, or as contained in any express warranty provided in relation to the goods or services, the Contract does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or services or any contractual remedy for their failure.
35.	If You are a consumer, nothing in these Terms restricts, limits or modifies Your rights or remedies against Kärcher for failure of a statutory guarantee under the ACL.
36.	If You have purchased the goods to on-supply to a person who is a consumer:
36.1	if the goods or services ore not of a kind ordinarily acquired for personal, domestic or household use or consumption, then the amount specified in section 276A of the ACL is the absolute limit of Kärcher's liability to you;
36.2	otherwise, payment of any amount required under section 274 of the ACL is the absolute limit of Kärcher's liability to you; howsoever arising under or in connection with the sale, use of, storage or any other dealings with the goods or services by You or any third party.
37.	If clause 35 or 36 does not apply, then other than as stated in the Terms or any written warranty statement, Kärcher is not liable to You in any way arising under or in connection with the sale, use of, storage or any other dealings with the goods or services by You or any third party.
38.	If You have purchased the goods for the purpose of resale, Kärcher reserves the right to take action against You for a breach of these Terms.
39.	Kärcher is not liable for any indirect or consequential losses or expenses suffered by You or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party, other than if You are a consumer, then to the extent that the loss was reasonably foreseeable.
40.	Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or services which cannot be so excluded, restricted or modified.
ACKNOWLEDGEMENTS
41.	You acknowledge that:
41.1	You have not relied on any service involving skill and judgment, or on any advice, recommendation, information or assistance provided by Kärcher in relation to the goods or services or their use or application.
41.2	You have not made known, either expressly or by implication to Kärcher any purpose for which You require the goods or services and you have the sole responsibility of satisfying Yourself that the goods or services are suitable for Your use.
CANCELLATION
42.	If Kärcher is unable to deliver or provide the goods or services, then it may cancel Your order (even if it has been accepted) by notice to You.
43.	No purported cancellation or suspension of an order or any part of it by You is binding on Kärcher once the order has been accepted and payment confirmed.
WARRANTY AND RETURNS
44.	Each range of goods provided by Kärcher is subject to specific warranty terms, limitations and exclusions:
44.1	that are supplied with the goods; and
44.2	that are available from Kärcher upon request.
45.	These express warranty terms are in addition to and do not limit any right or remedy You may have under the ACL.
46.	Unless there is a major failure of a statutory guarantee under the ACL, Kärcher will not accept the return of any goods once ordered. If You attempt to do so, You will be responsible for all delivery charges for returning the goods back to You.
FORCE MAJEURE
47.	Kärcher is not liable in any way howsoever arising under the Contract to the extent that it is prevented from acting by events beyond its reasonable control including but not limited to industrial disputes, strikes, lockouts, accident, breakdown, import or export restrictions, acts of God, acts or threats of terrorism, or acts of war. If an event of force majeure occurs Kärcher may suspend or terminate the Contract by giving You written notice.
MISCELLANEOUS
48.	The law of Victoria from time to time governs Your Contract with Kärcher.
49.	Kärcher' failure to enforce any of these Terms shall not be construed as a waiver of any of Kärcher’ rights.
50.	If any Term is unenforceable it shall be read down so as to be enforceable or, if it cannot be read down, the term shall be severed from the Terms without affecting the enforceability of the remaining terms.
51.	A notice must be in writing and handed personally or sent by facsimile, email or prepaid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting. Notices sent by facsimile or email are deemed received on confirmation of successful transmission.
52.	Kärcher is bound by the Privacy Act 1988 and takes steps to ensure that all personal information obtained in connection with You will be appropriately collected, stored, used, disclosed and transferred in accordance with the National Privacy Principles. Such information may be accessed by request to Kärcher in accordance with Kärcher's Privacy Policy.

April 2011.