The standard terms and conditions apply to all sale of products or provisions of services by Kulbardi Pty Limited ABN 39 166 659 525 (“Kulbardi”) to any customer (“the Customer”).
This page (together with the documents referred to on it) informs you of the terms and conditions in which we supply any of the product (“Products”) listed on our website kulbardi.com.au (“Site”/ “Website”) to you. Please read these terms and conditions (“Terms”) carefully before ordering any Products from the Site. By ordering any of our Products, you agree to be bound by these Terms.
1. Property and Risk
Until the purchase price of the products and all other sums due by the Customer to Kulbardi upon any account whatsoever have been paid or satisfied in full:
- the products shall remain the property of Kulbardi notwithstanding the delivery of the products and the passing of risk of loss or damage to the product to the Customer;
- Kulbardi may at any time recover the products if they are in the Customer’s possession and re-sell the products if any payment owed by the Customer on any account is overdue;
- in order to recover the products, Kulbardi, its servants or agents may enter the Customer’s or other premises upon which the products are located;
- the Customer shall possess all products on a fiduciary basis only; and
- the Customer has the right to dispose of the products during its business for the account of Kulbardi and to pass good title to the products to its customer being a bona fide purchaser for value without notice of Kulbardi’s rights. If the products are on-sold prior to Kulbardi being paid in full then the sale proceeds are to be held in trust by the Customer for Kulbardi.
In the case where the products or services are not of a kind ordinarily acquired for personal, domestic or household use, Kulbardi hereby limits the amount of its liability, at its option, to:
(a) For products, any one or more of the following:
- the replacement of the products or the supply of equivalent products;
- the repair of the products;
- the payment of the cost of replacing the products or of acquiring equivalent products; or
- the payment of the cost of having the products repaired; and
(b) For services:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
Subject to the above, under no circumstances will Kulbardi be liable for any loss or damage to persons or property of any nature thus, direct or indirect, of any defect, deficiency or discrepancy in products or services sold or supplied by Kulbardi. It is the Customer’s sole responsibility to ensure that the products or services supplied are sufficient and suitable for the purposes of the Customer.
The Customer waives any claims, demands, causes of action or recoveries for punitive, exemplary, indirect or consequential damages arising under this Agreement, or otherwise with respect to the sale of goods or services, and completely indemnifies Kulbardi, without limitation, for any lost revenues or profits, consequential or incidental damages, injury to persons or property, business interruption or damage to business reputation, including any tort or statutory causes of action, in relation to the supply to it by Kulbardi of any goods and services, including any liquor related products, which Kulbardi may supply to the customer.
3. Supply of Products
(b) You may order Products from us at any time on the Site. Your order will constitute an offer to buy the Products and Kulbardi will confirm acceptance to you by sending you an email confirming that the Product has been successfully ordered (“Confirmation”). Any contract between you and Kulbardi will be formed when Kulbardi sends you the Confirmation.
(c) While every effort has been made to ensure the accuracy of prices, images and information displayed on this site, Kulbardi is not responsible for any error and reserves the right to accept or reject your offer for any reason, including without limitation, the unavailability of any product, an error in the price, image or the product description posted on this Site, or an error in your order. We may require additional verification or information before accepting any order.
(d) Kulbardi is not bound to fulfil any order until the order is accepted into Kulbardi’s computer system. Kulbardi reserves the right to accept any order in whole or in part.
(e) No order may be cancelled after it has been accepted into Kulbardi’s computer system.
All prices listed on the Site are exclusive of GST, and GST is applied at checkout. Prices displayed are current at the time of issue, but may change at any time and are subject to availability.
(a) For each order, Kulbardi will invoice you.
(b) You must pay each invoice within 30 days of the end of the month in which the invoice was issued unless you dispute that invoice in accordance with clause 6.
(c) Subject to alternative payment arrangements:
- Payment by approved customers is to be made within 30 days of the end of the calendar month of purchase. Customers on the monthly billing program must pay within 30 days of the end of the calendar month of purchase in full.
- Interest at the rate of 1.5% per calendar month (or part thereof) will be charged on all overdue amounts.
- Credit card payments may incur a fee.
(d) Recovery of legal costs and collection expenses by Kulbardi
- In the event of non-payment of Kulbardi’s Tax Invoice, Kulbardi reserves the right to commence collection action and stop delivery of goods and/or services.
- Legal action will include recovery of the whole debt including any and all legal costs and disbursements incurred by Kulbardi on a solicitor/client basis, and any collection expenses incurred.
- The Customer shall indemnify Kulbardi in respect of, and must pay to Kulbardi on demand, any costs and expenses incurred by Kulbardi in enforcing any Charge, Guarantee, Mortgage, or Other Security, given by the Customer to Kulbardi, including and not limited to collection costs and expenses, and legal costs incurred as a result of non — payment of Kulbardi’s tax invoices, court or tribunal issue fees, solicitor costs and expenses on a solicitor/client basis, witness expenses in relation to any defended action, barrister’s fees, expert witness fees if required, adjudicator’s expenses, and the like. The Customer agrees and acknowledges that such collection expenses do not constitute a penalty but Kulbardi’s genuine and anticipated expenses incurred if legal and/or collection action is commenced
- The Customer shall also indemnify Kulbardi in respect of, and must pay to Kulbardi on demand, any taxes or stamp duties or other fees which may became due and payable in respect of any Charge, Guarantee, Mortgage, or other security given by the Customer to Kulbardi.
6. Invoice Dispute
If you notify Kulbardi that you dispute the validity of any invoice:
(a) you must notify Kulbardi within 7 days of the date of the invoice;
(b) you must pay the undisputed amount in the invoice; and
(c) the parties must continue to perform their other obligations under these Terms.
(b) Kulbardi is not liable for any delay in delivery of products or services ordered or any unavailability of products or services ordered.
(c) Kulbardi reserves the right to charge for delivery of products.
8. Special Buy Ins
Special Buy Ins are products sourced specifically or made specifically for the Customer. These products are not returnable once ordered. The Customer warrants that any logos, photographs or other material provided by the Customer about Specific Buy Ins do not infringe any rights of third parties and the Customer agrees to indemnify Kulbardi from any claims, liability or expense relating to any breach of this warranty.
9. Clearance Products
No other discount is valid with these offers. These products are not returnable once ordered. Back orders are not possible on clearance products.
10. Furniture, Print and Promotional Items
(a) For all Furniture, Print and Promotional Items, the Customer may be required to pay to Kulbardi a Deposit, as specified by Kulbardi to the Customer, and prior to Kulbardi processing the Order(s).
(b) Any Deposit paid by the Customer to Kulbardi is non-refundable. The balance of the agreed price is to be paid by the Customer to Kulbardi as directed by Kulbardi, either prior to delivery and installation of the goods, or otherwise in accordance with Kulbardi’s normal terms of payment.
(c) Furniture as a category is generally non-returnable. Read our Returns Policy for more information.
11. Customer Specific Stock
(a) Customer specific stock refers to stock purchased by Kulbardi on behalf of the Customer for purchase by the Customer over time. Examples include: promotional marketing products, workwear and printed products with Customer specific branding.
(b) Where the Customer does not comply with the agreed timeframe(s) for purchase (or 30-day notice from Kulbardi in the absence of an agreed timeframe) then at Kulbardi’s option any one or more of the following may apply:
- Kulbardi is entitled to charge a storage fee for such stock;
- Kulbardi may invoice the Customer for the whole (or any part) of the stock; and
- Kulbardi may arrange for the stock to be destroyed or otherwise disposed of (or used) if the Customer fails to pay for and collect or take delivery of the stock, and all costs so incurred shall be a debt due to Kulbardi by the Customer.
Any returns should be made in accordance with Kulbardi’s Returns Policy which is to be read in conjunction with these Terms.
Any orders placed with Kulbardi are based on these terms and conditions unless otherwise expressly agreed in writing by Kulbardi. In the event of any inconsistency between any terms and conditions in the Customer’s order and these terms and conditions, Kulbardi will be deemed, by delivering the product to the customer or supplying services to the Customer, to have made an offer to the Customer, to sell the products or to supply the services pursuant to these terms and conditions, which offer will be deemed to have been accepted if the Customer retains the products or accepts the services.
14. Notice Details
Name: Kulbardi Pty Ltd
ABN: 39 166 659 525
Short form name: Kulbardi
Address: 11-15 Mackay Street, Kewdale, WA 6105
Telephone: 1300 551 042
The Site is only intended for use for people residing in Australia. Kulbardi does not accept orders from and does not deliver to addresses outside of Australia.
16. Governing Law
These terms and conditions are governed by the laws of Western Australia, Australia each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Western Australia, Australia.
(a) Kulbardi has the right to revise and amend these Terms from time to time at its absolute discretion by posting revised terms.
(b) Any revisions will be effective immediately. By continuing to use the Site after any revision becomes effective, you agree to be bound by the revised Terms.
(c) A provision or part of a provision of these Terms that is illegal or unenforceable may be severed from these Terms and conditions and the remaining provisions or parts of the provisions of these Terms continue in force.
18. Intellectual Property
(a) This Site and all materials on the Site, including, but not limited to, images, illustrations, posts, audio clips, video clips (Materials) are the property of Kulbardi and its affiliates and licensors.
(b) The Materials are protected from unauthorised copying and dissemination by copyrights that are owned or licensed by Kulbardi and by copyright law, trademark law, international conventions and other intellectual property laws. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from this Site, or any other web site owned or operated by Kulbardi without the prior written permission of Kulbardi.
(c) No trademark (whether registered or otherwise) that is contained on this Site or otherwise used by Kulbardi may be used without our prior, specific, written permission or that of the trademark owner.
19. Third Party Websites
(a) This site may contain information from or hyperlinks and other pointers to internet websites operated by third parties. Such information or websites are not under the control of Kulbardi and Kulbardi is not responsible for the contents of any such information or website. Kulbardi provides such information and hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Kulbardi. You rely on such information or websites entirely at your own risk.
(b) You are referred to the relevant third-party websites for all information regarding the third parties' products and/or services. Third parties are solely responsible to you, subject to their conditions, for all issues relating to their website including information, goods, services, prices and the delivery of any goods or services you purchase on the third-party website.