1. Customer Acknowledgement.
The person or persons placing an order warrants that they are the Customer or are authorized to represent and do represent the person or entity named as the Customer on that order and they represent the person or entity making payment for the order and they represent the person or entity receiving delivery of the products or services ordered (all of which persons or entities will be treated as the 'Customer' for the purposes of these terms and conditions). The person or persons placing the order further warrants that they are authorized by the Customer to place the order and to bind the Customer to these terms and conditions. The Customer acknowledges that at the time of placing an order to purchase a product or service from My Soil Test the Customer was already aware of or was made aware of the existence of these terms and conditions and agreed to be bound by them. Products You Order on the Website are offered and supplied by My Soil Test trading as My Soil Test ("My Soil Test") on behalf of the suppliers and / or contractors. These terms and conditions regulate the agreement created by the Customer placing an order with My Soil Test. My Soil Test are not geotechnical engineers and take no responsibility whatsoever as to the accuracy and use of the products and services received by the suppliers and passed onto the Customer. My Soil Test has a range of suppliers in different areas of Australia, and uses these suppliers as contractors for the goods and services requested by the Customer. My Soil Test is a marketing and project management entity, they are not geotechnical engineers. My Soil Test shall not be held liable for the actions of it's suppliers or contractors and / or the products and / or information they provide. All products and services are supplied on the basis of these terms and conditions. Previous versions of My Soil Test's terms and conditions do not apply. Modification of these terms and conditions are only permitted with written approval of the Chief Operating Officer, Chief Executive Officer or General Manager of or a director or secretary of My Soil Test which is addressed to the Customer by name. My Soil Test will only proceed to order goods & services from its suppliers after receiving payment in full and/or a purchase order in written form acceptable to it (eg, in writing, by email, fax, mail or other permanent form) which authorizes My Soil Test to proceed with supplying and delivering the products or services ordered by the Customer in accordance with these terms and conditions.
2. Return or Exchange of Goods.
My Soil Test will not issue refund or credit after the works have been completed. All sales are final. If the Customer has requests that the product or service be cancelled prior to the commencement of work,s then a refund maybe issued.
All products supplied by My Soil Test are supplied to meet the Building Code of Australia, and relevant Australian Standard. Any information provided by My Soil Test in respect of any product or service is given to assist the Customer in selecting a product or service the Customer considers will meet their needs and is not intended to replace the Customer's own investigation of the suitability of the product or service for the Customer's intended purpose. My Soil Test is not qualified to provide and does not purport to provide any advice on the suitability of any of its products or services to meet the particular requirements of the Customer. Descriptions of products are based on information supplied by the supplier or contractor and may contain technical inaccuracies or typographical errors. My Soil Test relies on the supplier or contractor to present the characteristics of the products or services it sells and does not undertake testing or verification procedures. While every effort is made to accurately pass on up to date supplier or contractor information. My Soil Test cannot take responsibility for misstatements or errors in the product or pricing information given.
4. Delivery of Products & Cancellation of Orders.
We place great importance on the fast and reliable delivery of Customers orders. Despite this delivery times given by us are estimates only. My Soil Test will use its best endeavours to meet any nominated delivery time by dispatching ordered products or services in good time however delays which are beyond its control or could not reasonably be anticipated are not its responsibility and will not constitute grounds for the Customer to cancel an order or make any claim. My Soil Test may decide to dispatch orders by partial deliveries and invoice them separately. Delivery charges are identified as a separate item on invoices. If the Customer fails or refuses to take delivery of products or service ordered or cancels an order more than 2 days after placing an order, then in addition to all other rights and remedies of My Soil Test, the Customer shall be liable for all loss and damage (including consequential loss and damage) suffered or incurred by My Soil Test as a result thereof. My Soil Test, at its discretion and in any event, is entitled to also charge an administration fee or cancellation fee of up to 25% of the purchase price of the order to cover its and its supplier's related costs. The products or service shall be at the Customer's risk upon delivery to the Customer's nominated delivery point. Unless the Customer reports an error in the products or services delivered within two (2) days of delivery the products or services will be deemed to have been delivered to and accepted by the Customer in good order and satisfactory condition. The Customer agrees that delivery is to be treated as effected by My Soil Test (or its suppliers or contractors) handing possession of the products or services to a person apparently over the age of 16 who is apparently employed in or in occupation of the nominated delivery address. In the event that the Customer specifies a form of delivery where no person will be able to acknowledge receipt of the delivery of the products then a certificate by My Soil Test's carrier confirming delivery in the manner specified will be deemed to be effective delivery to the Customer. Where no person is present to receive a delivery of the products or where specified delivery instructions cannot be complied with My Soil Test may charge the Customer for the cost of re-delivery and any date for delivery is deemed to be extended by any reasonable time necessary to again arrange for delivery to the Customer.
5. Title of Goods - Failure to Pay.
Any products or service delivered to the Customer are to be held by the Customer on trust for My Soil Test and the Customer is responsible for them as if as bailee until their full price has been paid. For so long as the Customer holds the products or services on trust for My Soil Test the Customer is required to immediately deliver up the products to My Soil Test on demand. Any failure of the Customer to deliver up the products or service as required will constitute a breach of trust and a conversion of My Soil Test products and entitle My Soil Test to obtain an order for the immediate return of the products to it and or in default of return an order for full payment of any amount owing for them. Any actual conversion of the products by the Customer will create a trust in favour of My Soil Test in respect of the proceeds of that conversion. As trustee the Customer is liable to My Soil Test in respect of any loss or damage done to the products until they are returned (unless fully paid for). In the event that the products are returned the Customer must pay, in addition to compensation for any damage and any legal costs, 25% of the full price to cover My Soil Test and its supplier's administrative costs together with any difference between the original price paid and their resale value. The Customer expressly authorizes My Soil Test to enter into any property at which the products held on trust by the Customer are stored and to remove those products. The Customer must pay My Soil Test legal costs of pursuing any of its rights under this clause on a solicitor own client basis.
6. Prices and Quotes
Quotes, when given, are valid for the time period stated thereon. All orders placed with My Soil Test are subject to acceptance. Representations made concerning product features, their availability and pricing are subject to change at any time without notice. My Soil Test reserves the right to cancel any order due to inadvertent error or omission in pricing or other details provided in respect of products or services. If My Soil Test is for any reason beyond its control unable to fill an order it has accepted it will attempt to procure an available product or service of a similar quality having the same or better characteristics and will not be liable for minor differences in products, services or features. My Soil Test reserves the right to cancel any order accepted by it should a suitable product become unavailable at any particular time. In the event that My Soil Test cancels any order it will only be liable to the Customer to refund or credit all amounts paid to it by the Customer in respect of that product.
7. Acceptance of Orders
My Soil Test is not to be taken to have accepted an order placed by the Customer only because the Customer provided payment in conjunction with placing the order. My Soil Test reserves the right to decline to accept an order and to refund any payment provided without designating any cause. Acceptance or rejection of an order will be communicated to a Customer in such manner as My Soil Test may choose including by the filling of that order.
The price for all products ordered by the Customer must be paid for in accordance with any applicable terms of placing the order. Otherwise payment must be made upon order unless otherwise specified on My Soil Test's invoice. My Soil Test may permit payment to be made at some other time or upon the happening of a specified event (if any) as stated on My Soil Test's acceptance of an order or on the relevant invoice. Where a continuing Credit Agreement is operating between My Soil Test payment may be made, where permitted, in accordance with the terms of that agreement. The Customer is not permitted to make or claim any reduction in the amount payable (whether in the nature of set-off, contra or otherwise). Payment is required to be made in such manner as My Soil Test specifies from time to time including in any manner described on My Soil Test's website, order forms, invoices or order acceptance documents. In addition to any other rights or remedies of My Soil Test in the event of the Customer's default in payment My Soil Test is entitled: To charge interest on all amounts outstanding by a Customer to it at the flat rate of 0.0411% per day (15% per annum) until payment is made; and To be paid all costs incurred in attempting or achieving collection of payment (such as but not limited to collection agency fees and legal costs on a solicitor own client basis, cheque dishonour fees, etc).
9. Limitation of Liability.
In case of any product defect or error My Soil Test will not, under any circumstances, be liable for special, incidental, or consequential damages to the Customer or any third party including loss of profit or opportunity, even if it has been advised of or should have foreseen the possibility of the potential for such loss or damage. The maximum liability for all direct damages, if any, claimed in any action shall be limited to an amount not to exceed the purchase price of the product. Subject to any applicable Federal, Commonwealth or State Legislation, My Soil Test's liability for any such breach of any implied warranty term or condition shall be limited, at its sole discretion, to any of the following: Replacement of the products or services or any part thereof; Supply of equivalent products or services or any part thereof; Repair of the products or services or any part thereof; Payment of the cost of replacing the products or services or acquiring equivalent products or any part thereof; The payment of the cost of having the products or services or any part thereof repaired; or Refund of the price paid for the products or services upon return in accordance with and subject to these terms. My Soil Test does not seek to exclude or limit the application of any provision of the Trade Practices Act 1974 (Cth) or the Fair Trading Act 1999 (Vic) where to do so would contravene that statute or cause any part of this clause to be void. My Soil Test makes no express warranties other than those described as made by it as referred to in clause 11. My Soil Test otherwise excludes any other conditions, warranties and terms implied by statute, general law, international convention or custom except any implied condition or warranty the exclusion of which would contravene any statute or cause this clause to be void. My Soil Test doe not guarantee the accuracy of the information contained in it's products or service, or from suppliers and / or contractos.
10. Sales Made in Australia.
Sales shall be deemed made in the state of Victoria, Australia regardless of the location of the Customer. The Customer agrees that any dispute with My Soil Test shall be brought by the Customer exclusively in the state or federal courts situated in the State of Victoria, Australia and be determined by the application of the laws in force in Victoria, Australia.
My Soil Test warrants that it has good title to all the products it sells. In the event any section or portion of a section of these Terms and Conditions of Sale are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms and Conditions of Sale, and the remaining terms shall continue in full force and effect. The Customer consents to My Soil Test retaining all information received from the Customer in accordance with its published privacy policies and any applicable privacy laws. Whilst My Soil Test will use its best endeavours to enforce strict compliance by its staff and contractors with those guidelines it is not possible to absolutely guard against potential misuse of information due to the possibility of unauthorized acts by individuals. You the Customer agree that My Soil Test will not be held responsible or be held liable for any loss or damage caused to the Customer as a result of the actions of any servant or agent of My Soil Test or any other third party failing to comply with those privacy policies or any applicable privacy laws. You the Customer warrant that all information provided by you to My Soil Test which is of a personal nature is provided in compliance with all applicable privacy laws and you agree to indemnify My Soil Test against all expenses, losses, damages or costs (on a full indemnity basis) that My Soil Test may incur as a result, directly or indirectly, of a breach by the Customer of that warranty. Until the Customer notifies My Soil Test to the contrary the Customer agrees to receive electronic communications from My Soil Test in the form of advertising material.
HOW TO CONTACT US
If you have any queries in relation to these terms & conditions, please contact us on email at firstname.lastname@example.org