The following terms and conditions apply to the provision of the Goods by the University of Melbourne (through the Asia Education Foundation) (AEF) to the Customer.
1.1 In these terms and conditions, the following terms are defined as follows:
Agreement means the contract for the supply of the Goods, on the below Terms and Conditions, between AEF and the Customer.
Customer means the other party to this Agreement, being the purchaser of the Goods from AEF;
Goods means the goods supplied to the Customer by AEF under the Agreement;
GST Act means the A New Tax System (Goods and Services) Act 1999 (Cth);
Price means the amount payable by the Customer to AEF under the Agreement.
1.2 In these terms and conditions:
(a) the singular includes the plural and conversely;
(b) if a word or phrase is defined, its other grammatical forms have a corresponding meaning;
(c) a reference to a party includes, where the context so admits, its employees, agents and authorised sub-contractors;
(d) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
(e) the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions; and
(f) headings are for ease of reference only and do not affect interpretation.
2. THE GOODS
2.1 AEF will provide the Goods to the Customer with due care, in accordance with these Terms and Conditions.
2.2 The Customer warrants that the Goods are being purchased for personal or business use and are not being purchased for commercial resale.
3. FEES AND PAYMENT
3.1 All prices are in Australian dollars.
3.2 All orders are subject to price and availability confirmation by AEF.
3.3 In this clause 3, a word or expression defined in the GST Act has the meaning given to it in that Act.
3.4 If a party makes a supply under, or in connection with, the Agreement, in respect of which GST is payable, the consideration for the supply, but for the application of this clause 3.4 (GST exclusive consideration) is increased by an additional amount equal to the GST exclusive consideration multiplied by the rate of GST prevailing at the time the supply is made.
3.5 If a party must reimburse or indemnify another party for a loss, cost or expense, the amount to be reimbursed or indemnified is first reduced by any input tax credit the other party is entitled to for the acquisition to which that loss, cost or expense relates, and then, if consideration for a taxable supply is increased in accordance with clause 3.1.
4.1 AEF will comply with the relevant Australian consumer law.
4.2 AEF will not provide a refund or credit to a Customer if a Customer has changed his or her mind and no longer wishes to purchase the Goods.
5.1 AEF will ship the Goods to the address nominated by the Customer. If a Customer has provided incomplete or incorrect address details, delivery of the Goods may be delayed, the Goods lost or returned to AEF. If Goods are returned to AEF as a result, AEF will apply an additional shipping charge of $35 to the Goods, in addition to any further costs incurred by AEF in this regard. These costs must be paid by the Customer before the Goods will be re-shipped by AEF.
5.2 If Goods are returned to AEF as a result of incomplete or incorrect shipping details provided by the Customer, AEF is not liable for any damage caused to the Goods or loss incurred by the Customer.
5.3 If the Customer has provided the correct address details for delivery and the Goods are lost during shipping, AEF will provide replacement Goods or issue a credit to the Customer, provided that the Customer has advised AEF that the Goods have not been delivered within six weeks of ordering the Goods.
5.4 If a Customer has provided overseas address details, the Customer will be liable for all applicable customs charges, taxes and brokerage costs. AEF will not reimburse or refund these costs and will not refund any amounts paid to it by the Customer if the Customer does not wish to pay such charges.
6. LIMITATION OF LIABILITY
6.1 To the extent permitted by law, AEF:
(a) excludes from these Terms and Conditions all conditions, warranties and liabilities implied or imposed by statute, general law or custom; and
(b) excludes liability (including liability in negligence) for any consequential or indirect loss or damage, including for example loss of revenue, wasted overheads, loss of opportunity, loss of profit and any costs or damages sustained as a result of a claim by a third person.
6.2 Notwithstanding anything to the contrary in these Terms and Conditions, AEF’s total liability to the Customer under or in relation to the Agreement (including liability for negligence and for breach of these Terms and Conditions) arising in relation to acts, omissions and events occurring in a particular year is limited in aggregate to the price paid by the Customer under the Agreement in the year of the Agreement during which the liability was incurred.
7. TERM AND TERMINATION
7.1 An order will be completed when:
(a) the Goods have been sent and delivered to the address provided by the Customer; or
(b) a Customer’s payment has not been received by AEF within 14 days of the order for the Goods being placed with AEF and AEF has cancelled the Customer’s order as a result.
7.2 A party may terminate an order by written notice with immediate effect if the other party becomes unable to pay its debts when they become due, ceases to carry on business, or enters into liquidation or any form of insolvency administration.
8.1 AEF will comply with all relevant Victorian privacy legislation and will keep all information relating to Customers on a secure server for the sole purpose of processing orders submitted by the Customer. AEF will not release information relating to a Customer to any person other than as necessary to fulfil that Customer’s order of Goods.
9.1 Entire Agreement. These Terms and Conditions constitute the entire Agreement between the parties in connection with its subject matter and supersedes all previous agreements or understandings between the parties in connection with its subject matter.
9.2 Survival. Clauses 2.2, 7 and 8 survive the expiry or earlier termination of the Agreement.
9.3 Relationship. The parties are independent contracting parties. No employment, partnership or joint venture relationship exists between the parties.
9.4 Waiver. A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the Party giving the waiver.
9.5 Force majeure. Notwithstanding anything to the contrary in these Terms and Conditions, neither party will be liable to the other for the consequences of any delays or failures of its performance which are caused by any event beyond the first party’s reasonable control, including without limitation, acts of God, fire, flood, accident, terrorism, strike and riots, and either party may terminate the Agreement if such an event occurs and continues for a period of 30 days or more.