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1. DEFINITIONS

a) The "Company" shall mean Rod,s Aquarium Care ABN 79033905570 or any subsidiary, division or business of that Company.
b) "Customer" shall mean the person or persons, person's firm or company with whom the Company is entering into contractual relations.

2. GENERAL

Any order placed by the Customer is deemed to be an order incorporating the following Terms and Conditions and the accepting of goods implies acceptance of the following Terms and Conditions as set by the Company and as amended from time to time.

3. ORDERS

Orders accepted by the Company will be affected using price list code numbers and in multiples of standard pack quantities. Orders will be supplied at nett trade price plus freight and packaging. Orders may be placed by mail, phone, fax or email. Phone orders will be accepted between 9.00am - 5.00pm, Monday to Friday.

4. PROPERTY AND RISK

4.1 Risk in the goods passes to the Customer at the time of dispatch from the Company's premises.

4.2 Property in the goods passes to the Customer on receipt by the Company of payment in full of all moneys owing to the Company with respect to the goods.

4.3 Until property in the goods passes to the Customer and without prejudice to any other rights of the Company:

* The Customer will hold the goods solely as bailee for the Company and the relationship between the Company and the Customer shall be fiduciary;

* The Company may repossess the goods in the event that the Customer defaults or commits an act of bankruptcy or a receiver is appointed or the Customer goes into liquidation and the Customer licence the Company to enter it's premises at any time without notice in order to inspect or repossess the goods and on repossession the Company may sell the goods to recover all moneys owing to the Company;

* The Customer may sell the goods only in the usual or ordinary course of it's business.

5. DELIVERY AND DISPATCH

Orders will be dispatched by our carriers or your nominated carrier at the following cost: Interstate $30 + GST, NSW $15 + GST. Frozen Foods, Sea Salt, Bulk Foods, Filter Mats & Aquariums subject to separate charges. Please allow 1-10 working days for the picking and dispatch of your order. Orders will be shipped to the business address of the customer. Orders will not be shipped to secondary addresses.

6. PRICES

All trade prices quoted herein or verbally by the Company or it's representatives are EXCLUSIVE OF GST GST where applicable will be charged in accordance with current tax legislation. We offer to you quality products at very competitive prices, however as exchange rates between Australian and Overseas currencies vary from time to time, as well as local price fluctuations, the Company reserves the right to alter prices without notice.

7. TERMS OF PAYMENT AND CREDIT

7.1 By total invoice value, cash in exchange for goods.

7.2 By Proforma Invoice prepared for order to be shipped upon clearance of cheque or notification from our bankers that a direct bank transfer has been effected.

7.3 Dealers who have fulfilled the credit requirements of the Company - "STRICTLY NETT 30 DAYS FROM STATEMENT DATE" OF THE CLOSE OF THE MONTH IN WHICH THE GOODS ARE SUPPLIED.

7.4 In accordance with the terms of a mutually negotiated contract.

7.5 The Customer agrees that he will also pay the Company the costs and expenses incurred by the Company of solicitors, legal advisers, mercantile agents and other agents acting on behalf of the Company in respect of any enforcement hereof or recovery or attempted recovery of either the moneys owing by the Customer to the Company or repossession of the goods.

7.6 Discounts may not apply and supply of goods may be suspended if the above terms of payment are not adhered to.

7.7 Regular reviews of credit limits and discount rates will be carried out by the Company and the Customer will be advised accordingly. The Company reserves the right to vary it's credit terms for any Customer at it's discretion.

8. DISHONOURED CHEQUES

Any Customer whose cheques are dishonoured by the bank will be billed for all bank charges on re-presented and/or dishonoured cheques. Currently fees are $20. Future payments may be requested by bank cheque or cash.

9. RETURNS

Under no circumstances does the Company accept products back for credit where the Company is not at fault, unless it is within the terms of a mutually agreed contract. All authorized returns under these terms will be subject to a minimum 10% handling charge. Price marked and shop soiled goods will not be accepted for credit.

9.1 All goods returned for service including those under warranty must be sent freight prepaid and properly packed. Goods under warranty which are received in a damaged condition will be invoiced for the cost of replacement of any broken parts. The Company must be notified prior to return of goods and an authorization number will be issued to accompany the goods.

10. SPECIAL ORDERS

Any product which is manufactured, modified or procured to a Customer's special requirement will not be accepted for claim or return and the Customer will be obliged to accept and pay for such in full.

11. INSURANCE

Insurance is the responsibility of the Customer, however we can arrange such on request at the Customer's expense.

12. CARRIAGE

Whilst every care is taken in packing orders, damage or loss during transit will remain the responsibility of the Customer.

13. CLAIMS

Deliveries should be examined immediately upon receipt and any discrepancies or breakage's should be reported to our office within 48 hours as no claim will be considered after that time. Any cartons which appear damaged upon receipt should be reported to the delivery driver and the contents inspected before signing the delivery docket. No claim will be considered for goods damaged in transit. Account / Customer code, Invoice No. and date must be stated when making a claim and any discrepancy that we accept will be credited or replaced with your next order. Except as herein before stated, the Company's liability in respect of all claims under this contract shall be limited to the value of the portion or item of the goods or services which is not in accordance with this contract. The Company may completely discharge it's liability to the Customer by replacing such portion or item. and shall not be liable for any consequential loss or damage arising from the use or purchase of any such product or item.

14. GUARANTEE/WARRANTIES

Only products guaranteed or warranted by the manufacturer against faulty materials or workmanship will be considered for claim by Aqacenta Pty.Ltd. Under no circumstances will breakage's be considered. Consideration for repair or replacement of a product under the warranty period will only be given where the original dated, stamped and signed warranty and proof of purchase accompany the goods. A written description of the reported fault must accompany the product being returned to us for claim. Under no circumstances can we authorize the repair or replacement of a product until we have assessed whether the product has been used in accordance with the manufacturer's instructions for use and/or limitations. All guarantees and warranties are effective for the period stated on the guarantee and sales receipt from the original date of purchase. Products accepted for claim will be repaired or replaced at our, or the manufacturer's discretion.

15. DISCLAIMER

* All product specifications, dosages, application rates and product applications referred to herein are true and correct to the best of our knowledge at the time of printing, however, they should only be used as a guide. The manufacturer's current instructions or data should be referred to confirm applications specifications and dosages recommended as they are subject to change without notice.

* The prices quoted in this price list and advertising literature from time to time are for guidance only. The price charged shall be the price effective at time of delivery, unless specifically quoted as a fixed price or otherwise agreed in writing, notwithstanding that delivery may be delayed by agreement or otherwise. The Company takes no responsibility for errors or omissions in this price list.

THE LAWS RELATING TO THIS CONTRACT SHALL BE THOSE PERTAINING TO THE STATE OF NEW SOUTH WALES.