The supply of Goods and Services by Lifting Victoria Pty Ltd (“Lifting Victoria”) to any person or entity (each a “Customer”) is made on the following terms and conditions (“the Conditions”).
All orders are subject to written acceptance by Lifting Victoria and may be rejected by Lifting Victoria in its sole discretion.
Prior to Lifting Victoria’s acceptance of an order, all prices are subject to change without notice. The customer is
responsible for the costs of any urgent deliveries to be made by airfreight, overnight road delivery or express post. Lifting Victoria will use its reasonable endeavors to provide the customer of the anticipated urgent delivery costs prior to the urgent delivery being undertaken.
Unless otherwise agreed in writing by Lifting Victoria, the Customer must pay for the Goods and/or Services supplied by Lifting Victoria in full within 30 days from when Lifting Victoria issues the invoice. All payments are to be made on or before the due date as a condition precedent to future deliveries or supplies under these Conditions or any other contract. If Lifting Victoria must take steps or action to recover any amount due to it, the Customer will be responsible for all costs (as between solicitor and own client) and disbursements incurred by Lifting Victoria in recovering the monies due.
Orders will be available for collection by the Customer’s nominated carrier and at the Customer’s expense. If Lifting Victoria agrees to deliver the Goods to the customer, the Customer acknowledges that it must pay a delivery charge as deemed reasonably necessary by Lifting Victoria in it’s sole discretion. Delivery dates provided by Lifting Victoria Pty Ltd are estimates only. Lifting Victoria Pty Ltd will not be held accountable for late deliveries or loss or damage relating to late deliveries. Lifting Victoria shall not be liable for any loss or damage of any kind whatsoever caused directly or indirectly by any delay or failure to deliver supply whether in whole or part.
Returns and Cancellations
Subject to any rights the Customer may have under the Australian Consumer law the Customer may only cancel orders or return Goods for credit with the prior written approval of Lifting Victoria and any Goods specifically manufactured, processed or purchased on behalf of the Customer, that meet the Customer’s specific request may not be returned. Unless the Customer is returning the Goods due to an error by Lifting Victoria or because the Customer is entitled to do so under the Australian Consumer Law, Lifting Victoria will charge the customer the restocking fee to return the Goods. The Customer must return the Goods in the same re-saleable condition as when they were originially sold and is responsible for any costs of return it incurs.
This contract shall be governed by the laws of the State of Victoria, and the Customer submits to the non-exclusive jurisdiction of the Courts of that State.
Acceptance by the Customer of these Conditions, as amended by Lifting Victoria from time to time, may be by any one of the following ways:
(a) by signing and returning a copy of these Conditions.
(b) by performing an act that is done with the intention of adopting or accepting these conditions, including but not limited to ordering Goods after these Conditions are made available to the Customer or (as applicable) after the most recently amended version of these Conditions are made available to the Customer, including by publication on Lifting Victoria’s website.