Terms and Conditions of sale and purchase
These terms apply to any customer who does not have an account with OfficeMax Australia Limited ABN 26 064 777 224 (Customer).
1. These terms apply to any sale of goods contract between OfficeMax Australia Limited (our, us or we) and a Customer (you) entered into through this website (www.officemaxschools.com.au).
2. We may change these terms from time to time without notice, by publishing the new terms on this website.
3. These terms override all prior negotiations, representations, proposals, understandings and agreements whether in writing or not, relating to the sale of goods by us to you. Accordingly, any goods delivered by us to you (or a person nominated by you) are the subject of a sale of those goods under and in accordance with these terms.
2. SALE AND PURCHASE
1. Your placement of an order with us (Order) for any goods displayed on this website (the Goods) constitutes an offer by you to purchase the Goods from us on these terms. The Order is placed when it is submitted to us.
2. The Order is accepted only when we notify you that we accept your Order. For example, we might notify you that we accept your Order by sending you an e-mail stating this or by displaying a confirmation within this website.
3. If we accept the Order, a binding contract between you and us will arise on these terms (the Contract). The Contract may be amended only by written agreement between us and you.
4. We reserve the right, at our discretion, to limit the quantity of goods purchased per customer and to reject orders. We will notify you if such limits apply and if we reject the order for any reason.
1. The price of the Goods will be as published on the website on the day that you give us your Order for the Goods (Purchase Price). From time to time we may introduce promotions for limited periods that alter the price stated.
2. We may change our published prices from time to time without notice.
3. We are entitled to charge a delivery fee, which will be calculated by reference to the goods purchased and the post code of the address stated in the Order. If a delivery fee applies, it will be displayed on the checkout page prior to you submitting your Order and itemised on your invoice.
4. GOODS AND SERVICES TAX
You must pay us goods & services tax (GST) at the prevailing GST rate on any taxable supplies made by us. The Purchase Price includes any GST. Any GST payable by you will be displayed on the checkout page prior to you submitting your Order and will be shown on your invoice.
1. Credit card payment is required at the time of placing your order.
2. Subject to any limitation imposed by law, any expenses, costs or disbursements incurred by us in recovering any money outstanding under the Contract, including debt collection agency fees or solicitor’s costs, will be paid by you.
3. You must pay us any fees or costs imposed on us if any payment you make to us is dishonoured or reversed.
1. We may agree to be responsible for delivery of the Goods to you in accordance with clause 8 (Transit Cover). You can order Transit Cover by selecting Transit Cover at the checkout stage and paying an additional fee at the same time you pay the Purchase Price and any applicable delivery fee pursuant to clause 5. If you order Transit Cover, the additional fee for Transit Cover will be displayed on the checkout page prior to you submitting your Order and will be shown on your invoice. If you do not order Transit Cover, clause 7 will apply instead of clause 8.
2. We will be entitled to charge for and recover from you on demand all costs or loss occasioned by failure by you to collect or take delivery of the Goods (as the case may be). Any such costs or loss shall include (but not be limited to) the cost of storage, labour, transportation and administration costs at our prevailing commercial rates.
7. DELIVERY WITHOUT TRANSIT COVER
1. This clause 7 applies if you have not ordered Transit Cover.
2. We will arrange for the delivery of the Goods to the address stated in the Order by such carrier and such form of transport we consider to be appropriate. If the carrier does not find a person at that address to take delivery of the Goods, the Goods may instead be temporarily stored at the nearest post office for collection by you as specified on a card left at your address by the carrier.
3. Risk in the Goods passes to you when we give them to the carrier for delivery.
4. We will not be liable for any loss or damage, whether direct, indirect or consequential, arising out of the misdelivery, delayed delivery or failure to deliver the Goods or any damage to the Goods in delivery, except to the extent such loss or damage is caused by our negligent act or omission.
8. DELIVERY WITH TRANSIT COVER
1. This clause 8 applies if you have ordered Transit Cover.
2. We will deliver the Goods to the address stated in the Order by such carrier and such form of transport we consider to be appropriate. If the carrier does not find a person at that address to take delivery of the Goods, the Goods may instead be temporarily stored at the nearest post office for collection by you as specified on a card left at your address by the carrier.
3. Risk in the Goods passes to you on delivery.
4. While we may be liable to you for any direct loss or damage arising out of the misdelivery, delayed delivery or failure to deliver the Goods or any damage to the Goods in delivery, we will not be liable for any indirect or consequential loss or damage so arising. We will not be liable under any circumstances for any loss or damage, whether direct, indirect or consequential, arising from events beyond our control.
9. RETURN OF GOODS
1. The Goods come with guarantees under the Australian Consumer Law. Nothing in these Terms and Conditions excludes, restricts or modifies:
a) the application of any provision of the Australian Consumer Law to the sale of the Goods; or
b) the exercise by you of a right conferred by such a provision; or
c) any liability of a person for failure by OfficeMax to comply with a guarantee that applies under the Australian Consumer Law to the sale of the Goods.
Subject to the above, all conditions and warranties, whether or not implied by law, are excluded from any contract for the sale of the Goods. Details of any manufacturer’s warranty are included with the Goods.
2. Except where the Australian Consumer Law permits you to reject the Goods, OfficeMax will not accept the return of the Goods for credit or any other purpose unless OfficeMax agrees to accept the return of the Goods and advises a Return Advice Number prior to the return of Goods, in which case the remaining provisions of this Condition 9.2 and Conditions 9.3 and 9.4 will apply. Return of the Goods will only be accepted for credit within 14 days of delivery, unless due to our error. Return freight will be at our cost only when error on our part.
3. No returned Goods shall be accepted by us (even if we agree to do so) if they have been tampered with by you or any other person and are not as new, if they are Goods expressly sold on a non-return basis, or if they are not accompanied by the Return Advice Number referred to in Condition 9.2. Where goods are returned to us as above, they shall be returned to you at your expense.
4. Receipt by us or by any of our agents or representatives of any Goods returned other than in accordance with Condition 9.2 or to which Condition 9.3 applies shall not constitute nor be deemed to constitute our acceptance of the return of the Goods for credit or any other purpose.
10. TITLE AND RISK
1. Risk in the goods will pass to you in accordance with clause 7.3 or, if you have ordered Transit Cover, clause 8.3.
2. Irrespective of the time when risk in the Goods is to pass, passing of property and title in the Goods will be determined as follows:
a) Property and title in the Goods will remain with us until you have made payment in full of the Purchase Price and any other money you owe under the Contract.
b) Pending payment in full:
i) the relationship between us and you will be fiduciary, and you will hold the Goods as bailee for and on behalf of us;
ii) you will in all cases retain the Goods upon the premises at your address (within Australia to which the Goods were delivered) in a manner such that they are readily identifiable as our property; and
iii) you will not in any way deal with, part with possession or dispose of the Goods, or attempt to do any of those things.
c) In the event that you default in payment of the Purchase Price or any other money you owe under the Contract or upon the occurrence of any of the events specified in clause 11, we will be entitled to repossess the Goods. For this purpose you authorise us and our employees, representatives or agents to enter upon your premises to repossess the Goods, and grant all reasonable access rights and we are entitled to do all things required to secure possession. If the Goods are at the premises of another person, you will procure for us equivalent authorisation to enter the premises and rights of access so that we can secure possession. Upon repossession of any of the Goods we will be entitled, in our discretion, to resell the Goods to any third party. You will not have any action whatsoever against us, whether for breach of contract or otherwise.
d) Without limiting our rights against you for any breach of clause 10.2(b) or any other clause of the Contract, if you sell or otherwise dispose of the Goods, or any other thing in which the Goods have been incorporated, to a third party prior to making payment of the Purchase Price or any other money you owe under the Contract, we will be entitled to so much of the proceeds of such sale as is equivalent to the amount of money owing to us by you.
3. In addition to the payment of any other money payable by you to us under the Contract, we shall be entitled to charge for and recover from you on demand all costs, loss or damage incurred by us in exercising any of our rights under clause 10.2, including, but not limited to, the cost of storage, labour, transportation and administration costs at our prevailing commercial rates.
11. CUSTOMER’S LIABILITY AND DEFAULT
If any of the following occur:
1. you fail to make any payment due under the Contract or commit any other breach of any of your obligations under the Contract; or
2. an order is made for your bankruptcy, winding up or dissolution; or
3. you enter into, or resolve to enter into, any arrangement or composition or compromise with, or assignment for the benefit of, your members or creditors; or
4. a receiver, receiver and manager, trustee, administrator, liquidator or similar official is appointed over any of your property or assets; or
5. you become insolvent within the meaning of section 92A of the Corporations Act 2001; or
6. any similar event occurs in relation to you,
we (in addition to any other remedies we may pursue) may treat the Contract as terminated and any part of the Purchase Price then unpaid, together with any other money owing by you under the terms of the Contract, will forthwith become due and payable. Any such termination shall be without prejudice to any claim or right we may otherwise possess.
12. LIMITATION OF LIABILITY
Where the Goods or any services we supply under the Contract are not goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption, then our liability (if any) for failure to comply with a guarantee under the Australian Consumer Law (other than, in respect of the Goods, a guarantee as to title, a guarantee as to undisturbed possession or a guarantee as to undisclosed securities, charges or encumbrances) is limited, so far as the Australian Consumer Law allows and at our option:
(a) in the case of the Goods, to repair or replacement of the Goods or supply of equivalent goods (or paying the cost of any of these); or
(b) in the case of any services supplied by us, to supplying the services again (or paying the cost of having the services supplied again).
13. GOVERNING LAW AND JURISDICTION
The Contract is governed by the laws of the State of Victoria, in Australia. You and we submit to the non-exclusive jurisdiction of the courts exercising jurisdiction there.
14. NO ASSIGNMENT
You may not assign the Contract unless you have obtained our prior written consent to do so.
If any term of the Contract is found to be invalid or unenforceable, such invalidity or unenforceability will not affect the remainder of the Contract, which will continue in full force and effect.
All notices under the Contract must be in writing. Notices can be given personally, by fax, by post or by e-mail, to an address or number detailed in the Order. If a notice is sent by post, it will be taken to have been received 3 business days after posting, unless in fact it is received earlier. Any changes to notice details must be notified in writing.