SOUTHERN CROSS LUBES TERMS AND CONDITIONS
These Terms are the terms on which Southern Cross Oil Pty Ltd ACN 151 437 544 trading as Southern Cross Lubes (SCL) will supply Goods and Services to you. By submitting an Order through the Website, you agree that you are bound by these Terms.
Australian Consumer Law means the law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Consumer has the meaning provided to it in section 3 of the Australian Consumer Law.
Consumer Guarantee means a guarantee provided under Division 1 of Part 3-2 of the Australian Consumer Law.
Delivery Address means the address for delivery of Goods as notified by you to SCL in the Order, which must be an address in Australia.
Delivery Date means any date by which SCL expects the Goods to be delivered to you, as SCL notifies you of from time to time.
Delivery Fee means the fee (if any) charged by SCL for the delivery of the Goods, as specified in the Order.
Goods means any products or items sold to you by SCL from time to time through the Website, including automotive lubricants and heavy duty lubricants.
GST Act means the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended, varied or modified from time to time.
Invoice means an invoice, statement, delivery docket or other similar document issued by SCL to you in relation to the Goods and/or Services.
Loss means any loss, liability, cost, claim, expense, damage, charge, penalty, outgoing or payment and includes direct or consequential loss or damage.
Order means your order for the supply of Goods or provision of Services submitted by you through SCL's online store located at the Website.
PDH Goods or Services means goods or services which, for the purposes of the Australian Consumer Law, are of a kind ordinarily acquired for personal, domestic or household use or consumption.
Purchase Price means the price for the Goods specified in the Order, being the then current price for the Goods and Services shown in any applicable price list of SCL.
Services means any delivery, payment or other services provided to you by or on behalf of SCL from time to time in respect of an Order.
Terms means the terms and conditions of sale set out in this document.
Website means http://southerncrosslubes.com.au and associated websites.
you means the entity or person requesting that Goods and/or Services be supplied to it under an Order.
2 How a contract is formedEach Order placed by you is an offer by you to purchase the Goods and Services specified in that Order from SCL on the terms of these Terms and the Order. Subject to clauses 10 and 11, SCL will be taken to have accepted each such offer upon the earlier of notification of acceptance by SCL, acceptance of payment of the Purchase Price the Delivery Fee (if any) by SCL or delivery of the Goods or provision of the Services. Each accepted Order will give rise to a separate agreement between SCL
and you. SCL is not bound to accept any Order for any reason and in the sole discretion of SCL.
3 Amendments to Order
At any time after placing an Order and before the Goods and/or Services the subject of the Order are delivered or provided to you, you may request changes to the Order by submitting a request to SCL in writing. SCL may, in its sole discretion, accept or reject any requested changes.
(a) SCL or its transportation contractor will deliver the Goods to the Delivery Address that you nominate, provided that you comply with the terms of any delivery arrangements and do all other things necessary to accept delivery of the Goods.
(b) Any Delivery Dates or other dates provided by SCL for the delivery of the Goods or supply of the Services are estimates only.
(c) You agree that Goods must be signed for on behalf of you at the time of delivery.
(d) In the event that you fail to accept any delivery of the Goods, SCL shall be entitled to retain payment for those Goods and to treat the obligation to supply the remainder of the Goods (if any) as cancelled by you.
(e) Without limiting any other rights SCL may have, SCL will be entitled to store at your risk and cost any Goods which you refuse or fail to take delivery of.
(f) You acknowledge and agrees that:
(i) SCL may, but will not be required to, provide proof of delivery or other similar documentation (whether at the time of delivery or after);
(ii) any proof of delivery or other similar documentation provided by SCL will be conclusive evidence of the delivery of the relevant Goods; and
(iii) you will not request proof of delivery or other similar documentation from SCL.
You must inspect the Goods upon delivery (if you are present) or within 2 days after delivery (if you are not present) and immediately notify SCL of any damage to or any issues with the Goods.
6 Partial or late delivery
SCL may deliver a portion of the Goods ordered and you may not refuse to pay, or request a refund, for Goods or Services supplied solely because only a portion of the quantity ordered is delivered or because Goods were delivered after the Delivery Date and you agree that SCL will not be liable for any Loss that you suffer as a result of any delay or cancellation.
(a) You agree that SCL is not required to accept any Order until such time as you have paid to SCL the Purchase Price and the Delivery Fee (if any) using the secure online payment platform which is operated on SCL's behalf by a third party contractor on the Website.
(b) You agree that in addition to the Purchase Price and the Delivery Fee (if any), you must pay any amounts for taxes (if applicable) which SCL notifies you of from time to time.
(c) If you wish to pay for the Goods via credit card, you acknowledge and agree that SCL may charge you a credit card fee on the relevant amount you intend to pay using the credit card which SCL will advise you from time to time.
Without limiting clause 6, you must pay to SCL the amount for any GST payable on a taxable supply made by SCL in connection with any Order. Where you are required by these Terms to reimburse or indemnify SCL for any Loss or other amount incurred, the amount to be reimbursed or paid will be reduced by the amount of any input tax credit that SCL will be entitled to claim for the Loss or amount incurred and increased by the amount of any GST payable by SCL in respect of the reimbursement or payment. This clause does not merge on completion or termination of any Order or contract. In this clause, words and expressions which are defined in the GST Act have the same meaning given to them by the GST Act.
9 Title and risk
(a) Title in the Goods only passes to you once SCL has received full payment of the Purchase Price and any and all other amounts that you are required to pay for or in connection with those Goods, such as any Delivery Fee.
(b) Risk in the Goods passes to you upon the Goods being dispatched by or on behalf of SCL for delivery to you.
10 Cancellation for breach
Without limiting its other rights under these Terms, SCL may cancel any Order or any contract referred to in clause 2, effective immediately upon providing you with written notice of cancellation, where:
(a) you do not pay an amount due to SCL by the due date for payment;
(b) you breach any other provision of these Terms and do not remedy the breach within 7 days of SCL providing you with written notice specifying the breach and the remedy required; or
(c) you commit a breach of these Terms which, in SCL’s reasonably held opinion, cannot be remedied.
Following cancellation under this clause 10, SCL may refuse to accept any further Orders from or for you.
11 Cancellation where SCL cannot supply
Without limiting clause 10, SCL may cancel or suspend any Order or any contract referred to in clause 2 effective immediately upon providing you with written notice of cancellation or suspension where SCL believes that it will be unable to supply the relevant Goods or provide the Services to you, provided that if SCL cancels a contract or Order under this clause 11, it will refund to you any amounts already paid by you for the Goods and Services the subject of the cancellation.
12 Price lists
The Website, price lists, product catalogues and other similar documents do not constitute an offer by SCL to supply goods and provide services appearing in those Websites, lists or catalogues or an offer by SCL to supply goods or provide services at the prices set out in those lists or catalogues. The Website, price lists and product catalogues may be changed by SCL at any time without notice.
13 Warranties and liability
(a) If you are a Consumer and SCL supplies PDH Goods or Services to you, SCLacknowledges that you may have certain rights under the Australian Consumer Law in respect of the Consumer Guarantees as they apply to the PDH Goods or Services supplied by SCL and nothing in these Terms should be interpreted as attempting to exclude, restrict or modify the application of any such rights.
(b) If you are a Consumer and any goods or services supplied by SCL to you are non PDH Goods or Services, SCL's liability to you in connection with any breach of the Consumer Guarantees in respect of those non PDH Goods or Services is limited (at SCL's discretion) to the cost of SCL resupplying those non PDH Goods or Services or payment of the cost of having the non PDH Goods or Services supplied again.
(i) you are not a Consumer; or
(ii) the Consumer Guarantees do not apply,
then to the extent permitted by law, SCL expressly excludes all liability in respect of the Goods or Services supplied by SCL to you.
(d) If you make a claim against SCL which includes a cause of action other than for a breach of a Consumer Guarantee then, to the extent the claim, or part of the claim, does not relate to a Consumer Guarantee, SCL expressly excludes all liability in respect of the Goods or Services supplied by SCL to you.
(e) Without limiting any other provision in these Terms, SCL is not liable for any Loss you suffer as a result of:
(i) improper use or consumption of the Goods; or
(ii) misuse or neglect of the Goods or any other use or consumption of the Goods which is outside of the ordinary commercial application of the Goods or is otherwise inconsistent with SCL's instructions in relation to the use or consumption of the Goods.
(f) Subject to the rest of this clause 13, the aggregate liability of SCL to you arising out of or in connection with an Order will in no event exceed an amount equal to the amount of the Purchase Price under that Order.
14 Notification of claims
You must notify SCL immediately if you become aware of any claim or any death, serious injury or serious illness in respect of, or caused by, the Goods or other goods of which the Goods are a component of or are mixed or used with and the Customer will take all reasonable steps to mitigate any Loss arising as a consequence of the claim, death, serious injury or serious illness.
15 Return of Goods
(a) The terms of this clause 15 are subject to clause 13.
(b) Subject always to any applicable provisions of the Australian Consumer Law, you may return the Goods to SCL if:
(i) the Goods have not been used;
(ii) the Goods are still in their original packaging and in the same condition as when they were delivered to you; and
(iii) you provide SCL with notice of the return no more than 30 days after the date when you placed the Order for the Goods.
(c) Any written notice under clause 15(b) must:
(i) state your name, address, e-mail address and relevant Order number of the Goods;
(ii) state the Goods which are to be returned and the reason why the Goods are being returned;
(iii) state whether you are seeking a refund of the Purchase Price or replacement of the Goods; and
(iv) be sent to email@example.com.
(d) If SCL provides you with written notice that it approves the return of the Goods, as set out in the written notice provided under clause 15(b), you must return the Goods using insured courier services to:
Southern Cross Lubes
Private Bag 5
(e) Subject to compliance with clause 15(b), when SCL receives the Goods under clause 15(d) SCL will provide you with a refund of the Purchase Price or replacement of the Goods (as applicable).
(f) You will be responsible for the cost of having any Goods returned to SCL and SCL may charge a delivery fee to you in respect of any replacement goods which are to be provided to you.
16 General provisions
(a) You must only use the Goods for your own internal business purposes and must not sell or otherwise supply the Goods to any third person without the written consent of SCL.
(b) You acknowledge and agree that you have not relied on any representations, inducements or statements made to you by SCL regarding the Goods, the fitness for any purpose of the Goods, the qualities and characteristics of the Goods or any other matter in respect of the Goods and you have satisfied yourself that the Goods are fit for the purpose you require them for.
(c) You must not assign or otherwise deal with any of your rights or obligations under these Terms without SCL’s prior written consent. SCL may, to the extent permitted by law, assign or deal with any of its rights or obligations under these Terms at any time and without any requirement to notify you.
(d) SCL may (at its discretion) and to the extent permitted by law appoint a sub-contractor in relation to any of SCL’s rights or obligations under these Terms.
(e) No failure to exercise or delay in exercising any right under these Terms constitutes a waiver and any right may be exercised in the future. Waiver of any of these Terms must be in writing and is only effective to the extent set out in that written waiver.
(f) If any provision of these Terms is void, unenforceable or illegal and would not be so if words were omitted, then those words are to be severed and if this cannot be done, the entire provision is to be severed from these Terms without affecting the validity or enforceability of the remaining provisions.
(g) These Terms, the relevant Order and any Invoice constitute the entire agreement between you and SCL in respect of the Goods and supersede all previous communications, representations, understandings or agreements. In the event of any inconsistency between these Terms and any Order or Invoice, the Order and then these Terms will prevail to the extent of the inconsistency.
(h) These Terms shall prevail over any of your terms and conditions, except to the extent specifically agreed by SCL in writing and any terms or conditions included in an Order or other document provided or issued by you will only be binding on SCL if expressly agreed by SCL in writing.
(i) These Terms are governed by the laws in force in Victoria and you and SCL submit to the non exclusive jurisdiction of the courts of Victoria.