Techpack Pty Ltd – Terms and Conditions for Online Sales
- Interpretation
(a) In these conditions:
Account means an account created by the Buyer on the Website;
Buyer means the customer dealing with the Seller.
GST means:
- the same as in the GST Law;
- any other goods and services tax, or any tax applying to this agreement in a similar way; and
- any additional tax, penalty tax, fine, interest or other charge under a law of such a tax.
GST Law means the same as ‘GST law’ in A New Tax System (Goods and Services Tax) Act 1999 (Cth);
Order means an order for goods, placed on the Website by the Buyer;
Password means the password needed to access the Buyer's Account;
Goods means any products that are the subject of an Order.
Seller means Techpack Pty Ltd ACN 002 499 023, of Unit 6/31-41 Bridge Road, Stanmore, NSW 2048, which is the seller of the Goods.
Website means www.techpack.net.au
(b) Nothing in these conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Competition and Consumer Act 2010) and which by law cannot be excluded, restricted or modified.
- General
These conditions shall prevail over any other terms and conditions contained in any document of the Buyer or elsewhere, to the extent of any inconsistency. Any terms and conditions proposed by the Buyer that are inconsistent with these conditions are expressly rejected, and the Buyer agrees may be disregarded.
- Terms of sale
The Goods and all other products sold by Seller are sold on these terms and conditions. By making any Order for the Goods or taking delivery of the Goods the Buyer accepts these terms and conditions.
- Pricing and Taxes
(a) Prices for Goods are as shown on the Website.
(b) The Seller reserves the right to change the prices of Goods at any time without notice to the Buyer. The price displayed at the time that the Buyer places an Order will continue to apply to the Buyer even if the price changes before the Buyer's order is accepted by the Seller.
(c) In addition to the price for the Goods, the Buyer will also need to pay any freight, handling or other charges set out on the Website (“ Freight Charge”). Any Freight Charge will appear in the Buyer's shopping cart on the Website.
(d) In addition to the price for the Goods and the Freight Charge (if any) the Buyer may also need to pay any additional Freight Charges which are not shown in the Buyer's shopping cart but which the Seller incurs because the Buyer is located in an area to which the Seller's national courier company does not provide a door-to-door service (“Additional Freight Charge”). If the Buyer is located in an area to which an Additional Freight Charge will apply the Seller will contact the Buyer before accepting the Buyer's Order and provide the Buyer with a quote for the Additional Freight Charge. If, within the timescale specified, the Buyer does not agree to accept the Additional Freight Charge, The Seller will cancel the Buyer's Order.
(e) If the Seller agrees to deliver Goods outside of Australia, international Freight Charges will apply (“International Freight Charges”). International Freight Charges, applicable to the Buyer's relevant country, will appear in the Buyer's shopping cart. The Buyer will also be responsible for any foreign taxes or duties that apply including, without limitation, any customers or import duties.
(f) By placing an Order the Buyer agrees to pay the price for the Goods, any Freight Charge, any Additional Freight Charge and any International Freight Charge.
(g) All prices and Additional Freight Charges and International Freight Charges quoted are in Australian dollars and are exclusive of GST. In addition to the price for the Goods and Freight Charges, Additional Freight Charges and International Freight Charges (if any) the Buyer must payan amount equal to any GST payable from any supply by the Seller in respect of which the price for the Goods or any other amount is payable under these terms and conditions. Any GST will appear in the Buyer's shopping cart on the Website.
- Buyer's Account
(a) The Buyer must create an Account before placing an Order.
(b) A Buyer may not set up an Account for someone else.
(c) The Buyer must ensure that it enters all information carefully when creating an Account. The Buyer warrants to The Seller that all information provided by the Buyer in relation to the Buyer's Account is complete, true and accurate
(d) The Buyer must notify The Seller immediately if the Buyer becomes aware of any actual or potential unauthorised use of the Buyer's Password or Account.
(e) Except to the extent otherwise required by law the Seller will not be liable to the Buyer, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of: (i) the Buyer's Account information being incomplete or inaccurate; or (ii) any unauthorised use of the Buyer's Password or Account which takes place before the Buyer notifies The Seller, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
(f) If The Seller suffers any loss, damage, cost or expense as a result of any unauthorised use of the Buyer's Password or Account which takes place before the Buyer notifies The Seller then the Buyer must pay The Seller the amount of that loss, damage, cost or expense if The Seller asks you to.
6. Orders
(a) The Buyer can place an Order by following the instructions on the Website.
(b) An Order submitted by the Buyer is an offer by the Buyer to purchase the Goods for the price plus the Freight Charge as shown at the time of submission of the Buyer's Order and any applicable Additional Freight Charge or International Freight Charge, plus any GST. The Seller may accept or reject the Buyer's offer in its absolute discretion. In particular, but without limitation, The Seller may reject Orders for non-commercial quantities of Goods.
(c) Each Order that the Buyer places will, if accepted by The Seller, be a separate and binding agreement between the Buyer and The Seller with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.
(d) If the Buyer places an Order for someone else to receive the Goods the Buyer must obtain their consent before providing The Seller with their personal information and, by placing an Order, the Buyer confirms to The Seller that the Buyer has done this.
(e) The Buyer must ensure that it enters all information carefully when placing an Order. The Buyer warrants to The Seller that all information provided by the Buyer in relation to each Order is complete, true and accurate.
(f) The Buyer must check each Order carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by The Seller.
(g) Except to the extent otherwise required by law the Seller will not be liable to the Buyer, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of Order information being incomplete or inaccurate or as a result of being unable to change or cancel an Order once it has been accepted by The Seller, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise.
(h) Where a Buyer places separate Orders the Goods will be delivered separately and a separate Freight Charge (and Additional Freight Charge/ International Freight Charge if applicable) will apply to each Order. The Seller cannot consolidate separate Orders into one delivery.
(i) The internet can be an unstable, and sometimes insecure, marketplace. The Buyer acknowledges and agrees that at times the facility to place Orders may not be available, the Buyer's Order might not be received, the Buyer's Order may be lost or misdirected, or the Buyer's Order might be delayed.
(j) The Buyer must take its own precautions to ensure that the process which the Buyer employs for accessing the Website does not expose the Buyer to risk of viruses, malicious computer code or other forms of interference which may damage your computer system, and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.
(k) Except to the extent otherwise required by law the Seller will not be liable to the Buyer, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in clause 6(i) or arising out of or in connection with you accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
- After an Order / Payment is submitted
(a) When the Buyer submits an Order that is accepted by the Seller, the Buyer will receive a notification to that effect from the Seller.
(b) The Seller will process payment for the Buyer's Order when, or shortly after, the Buyer places its Order (except to the extent set out in clause 4(d)). The Buyer's Order is deemed to be accepted by the Seller when the Seller does this, however The Seller may, in certain circumstances, cancel the Buyer's Order after acceptance as set out in these Terms & Conditions. In the event that the Seller cancels the Buyer's Order having already processed payment, it will refund payment in accordance with clause 8.
(c) When the Seller accepts an Order from the Buyer it represents an agreement by the Seller to supply the Goods to the Buyer in accordance with the Buyer's Order subject to receiving payment from the Buyer and subject to these Terms and Conditions.
(d) The Buyer must pay for Goods by credit card. If the name on the credit card account does not match the name on the Order, The Seller may ask the Buyer to provide additional information (for example, proof of identity documents) in accordance with its fraud detection processes. By providing credit card/payment card details the Buyer authorises the Seller to deduct the price and the applicable Freight Charge(s) (and Additional Freight Charge/ International Freight Charge if applicable) and GST from such card.
(e) The Seller reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.
(f) The Seller may not be able to, or may decline to, accept payment from the Buyer at any time for any reason including, without limitation: (i) where the Seller's fraud detection systems detect possible irregularities; (ii) because the Buyer's financial institution has declined payment; or (iii) because the Buyer's payment card has expired. Where this is the case, The Seller reserves the right to cancel the Buyer's Order and/or place the Order on hold and request the Buyer to provide additional information (for example, proof of identity documents) or arrange payment by another method.
(g) Goods that the Buyer has ordered will not be dispatched to the Buyer until payment for the Goods has cleared. If the Buyer's payment cannot be processed, the Order will be rejected and the Seller shall not be liable for any failure to supply.
8. Cancellation of Orders
(a) The Seller reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. The Seller may do this for example, but without limitation, where:
(i) the Seller's suppliers are unable to supply Goods that they have previously promised to supply;
(ii) an event beyond the Seller's control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that The Seller is unable to supply the Goods within a reasonable time;
(iii) Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted.
(b) Where the Seller cancels the Buyer's Order after acceptance it will notify the Buyer.
(c) In the event of the Seller cancelling the Buyer's Order after payment has been processed, the Seller will refund any money paid in respect of that Order.
(d) Except to the extent otherwise required by law or as expressly set out in these terms and conditions, the Seller will not be liable to the Buyer, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of the Buyer's Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
- Compliance with Drawings, Technical Data Sheets, etc.
(a) Any deviation of the Goods from any technical data sheets, drawings, particulars of weights and dimensions or other specifications submitted to the Seller does not vitiate any contract with the Seller or form grounds for any claim against the Seller. The Seller expressly excludes any agreement, warranty or representation that the Goods will conform to any specifications other than those supplied by the Seller in relation to the Goods.
(b) In any order of Goods, variations from drawings or technical data sheets may occur in some items, subject to acceptable quality limit documentation and sampling methods, details of which are available on request. The Seller will not be liable for such variations that are within the parameters set out in any acceptable quality limit documentation issued by the manufacturer of the Goods. Such documentation is available from the Seller on request.
(c) The descriptions, illustrations and performances contained in catalogues, price lists and other advertising matter do not form part of the contract of sale of the Goods or of the description applied to the Goods, unless specifically guaranteed in writing by the Seller.
(d) The drawings, specifications, computer media, documents, samples, or other information the Seller furnishes the Buyer in connection with the Goods may comprise in whole or part trade secrets that are proprietary to the Seller and protectable by law. The Buyer agrees that it will disclose the trade secrets only to its employees and agents on a “need-to-know” basis, will take reasonable measures to prevent disclosure of the trade secrets to any other persons, and will return to the Seller or destroy any information containing the trade secrets after the Buyer's need for the information ends, or upon the Sellers demand.
10. Performance
The Seller is under no liability for damages for failure of the Goods to attain any performance figures or other specification given by the Seller unless such figures or specifications are specifically guaranteed in writing by the Seller. Any such written guarantees are subject to the recognised tolerances applicable to such figures.
It is the obligation of the Buyer to establish the compatibility of Goods for their intended purpose and the Seller makes no statement, warranty or representation that Goods will be fit for any particular purpose. Techpack strongly recommends Buyers conduct rigorous testing of the goods before placing commercial orders. Samples are available for purchase for this purpose on request.
11. Delivery
(a) The delivery times made known to the Buyer are estimates only and the Seller is not liable for late delivery.
(b) The Seller will not be liable for any loss, damage or delay occasioned to the Buyer or its Buyers arising from late or non-delivery or late installation of the Goods.
(c) All Goods for which your Order is accepted at the same time will be dispatched together where practicable. However, the Goods may be dispatched separately in instalments and the Seller reserves the right to do so.
(d) If the Seller delivers any of the Goods by instalments, and any one of those instalments is defective for any reason:
(i) this does not constitute a repudiation of the contract of sale formed by these conditions; and
(ii) the defective instalment is a severable breach that gives rise only to a claim for compensation.
12. Returns/Faulty or Damaged Goods
(a) The Buyer must check Goods as soon as they are delivered to the Buyer in order to ensure that: (i) they are what was ordered; and (ii) they are not damaged or faulty. If this is not the case the Buyer must contact the Seller immediately.
(b) If the Buyer has a problem with any Goods and wishes to return them please refer to the Seller's Returns/Refund Policy at www.techpack.net.au/page/3/privacy-policy which forms part of these Terms and Conditions.
(c) When returning Goods the Buyer must provide the Seller with proof of purchase
13. Exclusion of liability
(a) The Buyer expressly agrees that use of the Goods is at the Buyer's risk. To the full extent allowed by law, the Seller's liability for breach of any term implied into these conditions by any law is excluded.
(b) Except as expressly set out in clause 16, Seller gives no warranty in relation to the Goods provided or supplied. Except as expressly set out in clause 16, to the full extent allowed by law under no circumstances is the Seller liable or responsible in any way to the Buyer or any other person for any loss, damages, costs, expenses or other claims (including consequential damages and loss of profits or loss of revenues), as a result, direct or indirect of any defect, deficiency or discrepancy in the Goods including in their form, content and timeliness of deliveries, failure of performance, error, omission, defect, including, without limitation, for and in relation to any of the following:
(i) any Goods supplied to the Buyer;
(ii) any delay in supply of the Goods; or
(iii) any failure to supply the Goods.
(c) Any advice, recommendation, information, assistance or service given by the Seller in relation to Goods and/or Services is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given, but is provided without any warranty or accuracy, appropriateness or reliability. To the fullest extent permissible at law, the Seller does not accept any liability or responsibility for any Loss suffered as a result of the Buyer's reliance on such advice, recommendation, information, assistance or service.
(d) To the fullest extent permissible at law, the Seller is not liable for any indirect, punitive, incidental, special, consequential damages including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the provision of or failure to provide the Goods, or otherwise arising out of the provision of Goods, whether based on conditions, negligence, strict liability or otherwise, even if the Seller has been advised of the possibility of damages.
(e) The Buyer acknowledges and warrants that the Goods are not for personal, domestic or household purposes and that the Buyer is purchasing the Goods for re-sale or use in manufacture.
(f) The Australian Consumer Law may give to the Buyer certain guarantees. Where liability for breach of any such guarantee can be limited, the Seller's liability (if any) arising from any breach of those guarantees is limited with respect to the supply of goods, to the replacement or repair of the Goods, at the Seller's option.
(g) The Seller agrees to assign to the Buyer on request made by the Buyer the benefit of any warranty or entitlement to the Goods that the manufacturer has granted to the Seller under any contract or by implication or operation of law, to the extent that the benefit of any warranty or entitlement is assignable.
14. Indemnification by manufacturers
The Seller's liability under s 274 of the Australian Consumer Law is expressly limited to a liability to pay to the Buyer an amount equal to:
(a) the cost of replacing the Goods;
(b) the cost of obtaining equivalent goods; or
(c) the cost of having the Goods repaired,
whichever is the lowest amount.
15. Bottle cap lining materials
Without limiting or affecting any other provision of these Terms, Buyers of bottle cap lining materials ("liner material" or "liner goods") acknowledge that Seller has no liability for defects in liner material Goods except to the extent directly attributable to the design or manufacture of the liner material and that the Seller's liability in relation to liner material is further limited (to the extent permitted by law and always subject to any guarantees under the Australian Consumer law that cannot be excluded) in the manner set out in this clause.
Liner material must be handled and processed based on the Seller's specifications. The Seller is not liable for material or sealing failures or other defects due to variables out of the Seller's control, including liner printing by the Buyer, liner piercing or hole punching, insertion of valves, vents, or other fitments into liner, liner die cutting, liner insertion, closure or container dimensions, closure or container defects, closure storage and closure shelf life, and the filling, capping and induction processes. The Seller is not liable for material or sealing failures due to overprocessing, including excessive induction settings, excessive dwell time in the induction unit, or high fill temperature. The Seller is not liable for material or sealing failures, or injuries, losses, or damages resulting from alterations, modifications, or additions to the Goods.
The Seller is not liable for defects in liner material unless the Buyer has demonstrated that the Buyer has taken all reasonable efforts to minimize the amount of liner goods involved and the extent of the damage to property or persons, including the following at the Buyer's facilities, at facilities using the goods, and at facilities filling containers:
- First in-first out of all liner material and lined closures.
- Compliance with shelf life and storage specifications for the liner material and lined closures.
- Full documentation and performance of all on-line quality checks, including an appropriate sampling plan, defined action plan on problem identification, and set up and calibration procedures, according to our specifications.
- Line start up and clearance procedures that eliminate the risk of unsealed containers leaving the facility.
- Incoming and in-process inspection of the liner material during the liner process.
- Proper set up and maintenance procedures for liner die-cutting and insertion operation.
- Systems that guarantee full traceability from roll of liner material to individual cartons of lined closures and from individual cartons of lined closures to individual filled containers.
16. Limited Warranty
The Seller warrants that the Goods shall conform to the specifications in the most recent specification sheet for the Goods issued by the manufacturer, a copy of which is available from the Seller on request.
The Seller's liability arising from any breach of the warranty is limited to the replacement or repair of the Goodsor, at the Seller's election, to crediting to the Buyer with an amount not exceeding the purchase price of the Goods.
17. Rights in relation to Goods
The Seller reserves the following rights in relation to the Goods until all accounts owed by the Buyer to the Seller are fully paid:
(a) ownership of the Goods;
(b) to enter the Buyer's premises (or the premises of any associated company or agent where the Goods are located) without liability for trespass or any resulting damage and retake possession of the Goods; and
(c) subject to, and in accordance with, the Personal Property Securities Act 2009, to keep or resell any Goods repossessed pursuant to (2) above.
If the Goods are resold, or products manufactured using the Goods are sold by the Buyer, the Buyer shall hold such part of the proceeds of any such sale as represents the Price of the Goods sold or used in the manufacture of the Goods sold in a separate identifiable account as the beneficial property of the Seller and shall pay such amount to the Seller upon request. Notwithstanding the provisions above the Seller shall be entitled to maintain an action against the Buyer for the purchase price and the risk of the Goods shall pass to the Buyer upon delivery or any earlier time specified in the Seller's quotation.
18. Buyer's property
Any property of the Buyer under the Seller's possession, custody or control is completely at the Buyer's risk as regards loss or damage caused to the property or by it.
19. Storage
The Seller reserves the right to charge a reasonable fee for storage if delivery instructions are not provided by the Buyer within seven days of a request by the Seller for such instructions. The parties agree that the Seller may charge for storage from the first day after the Seller requests the Buyer to provide delivery instructions.
20. Goods sold
All Goods to be supplied by the Seller to the Buyer are as described on the order confirmation provided by the Seller and the description on such purchase order prevails over all other descriptions of the Goods including any specification or enquiry of the Buyer, unless there is an error in the order confirmation and the Buyer notifies the Seller of the error in writing within 48 hours of receipt of the order confirmation from the Seller.
21. Cancellation
Except as otherwise expressly set out in these terms and conditions, no order may be cancelled by the Buyer except with the written consent of the Seller. In the event of a cancellation of the order by the Buyer, the Seller has the right to claim indemnity against all losses suffered by the Seller as a result of such cancellation.
22. Personal Property Securities Act 2009 (PPSA)
(a) This agreement is a security agreement.
(b) The interest of the Seller in the Goods and all proceeds from the sale of the Goods by the Buyer to a third party is a security interest.
(c) The Buyer consents to the Seller registering its security interest on the Personal Property Securities Register and agrees to provide all assistance reasonable required by the Seller to facilitate registration.
(d) Until such time as title in the Goods has passed to the Buyer as contemplated by clause 17 of this agreement, the Buyer agrees not to in any way assign, charge, lease or otherwise deal with the Goods in such a manner as to create, a security interest over, the Goods in favour of the Buyer or any third party, The parties agree that this clause will not prohibit the Buyer from selling the Goods in the ordinary course of business..
(e) The Buyer waives its rights to receive any notice under PPSA (including notice of verification statement) unless the notice is required by that Act and cannot be excluded.
(f) The Seller and Buyer agree that this agreement and all related information and document(s) are confidential (Confidential Information) and will not be disclosed to unauthorised representatives or third parties, except to the extent disclosure is permitted by this agreement or required by law. The Seller and Buyer agree that the Seller will not disclose the Confidential Information pursuant to a request under section 275(1) of the PPSA.
(g) The Seller and the Buyer agree each of the following requirements or rights under the PPSA do not apply to the enforcement of the Seller’s security interest in the Goods or of this agreement:
(i) any requirement for the seller to give the Buyer a notice of removal of accession;
(ii) any requirement for the Seller to give the Buyer a notice of the Seller’s proposed disposal of the goods;
(iii) any requirement for the Seller to include in a statement of account, after disposal of the Goods, the details of any amounts paid to other secured parties;
(iv) any requirement for the Seller to give the Buyer a statement of account if the Seller does not dispose of the Goods;
(v) any right the Buyer has to redeem the Goods before the Seller exercises a right of disposal; and
(vi) any right the Buyer has to reinstate this agreement before the Seller exercises a right of disposal of the Goods.
(h) Expressions defined in the PPSA have the same meaning when used in this agreement.
23. Termination
(a) This agreement will automatically terminate if a party enters into any composition or arrangement with its creditors or has a receiver appointed over any of its assets or is the subject of any resolution or petition for winding up or judicial management (other than for the purpose of amalgamation or reconstruction).
(b) Either party may terminate this agreement if the other party is in material breach of any of its obligations under this agreement and if the breach is capable of remedy fails to remedy the breach for a period of 30 days after receipt of a written notice by the other party requiring rectification of the breach.
(c) Exercise of the right of termination afforded to either party under this clause will not prejudice the legal rights or remedies which either party may have against the other in respect of a breach of any term, condition or warranty of this agreement.
(d) The obligations of the parties that by their nature could reasonably construed as being intended to continue to apply beyond the termination of this agreement will continue to apply.
24. Privacy
(a) The Buyer acknowledges the Privacy Policy of the Seller on the Website and agrees the terms of the Privacy Policy and to the Seller collecting, using and disclosing personal information of the Buyer for various purposes, including to:
(i) supply the Goods to the Buyer and the management of the Buyer's account;
(ii) communicate to the Buyer about the Goods which Seller or its partners or affiliates may provide to the Buyer; and
(iii) comply with relevant laws.
25. Place of contract
(a) The contract for sale of the Goods is made in and governed by the laws of the state or territory of Australia from which this document is issued and each party irrevocably submits to the non-exclusive jurisdiction of the courts of such state or territory.
(b) The parties submit all disputes arising between them to the courts of such state or territory and any court competent to hear appeals from those courts of first instance.
(c) The United Nations Convention on Contracts for the International Sale of Goods concluded in Vienna, Austria on 11 April 1980 does not apply to this contract or to any individual contract of sale of Goods concluded within the framework of this contract.
