General Terms and Conditions of Sale.
Please note that other general terms and conditions apply.
In these conditions,
"Agreement" means any agreement or contract entered into for the provision of goods and /or services by Brett Stewart Tattoo Supply to the Customer.
"Terms" means these Terms and Conditions of Trade.
"Customer" means a person. Firm or corporation, jointly and severally if there is more than one, acquiring Goods or Services from Brett Stewart Tattoo Supply.
"Delivery" means when Goods are delivered to the Customer's Premises or when Services are provided.
"Goods" means goods supplied by Brett Stewart Tattoo Supply to the customer.
"GST" means Goods and Services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended.
"Intellectual Property" means all copyrights, patents, trademarks, designs, formulae, specifications, confidential information, manufacturing processes and or modifications, improvements and derivations (whether registrable or not) owned or licensed by Brett Stewart Tattoo Supply in respect of the goods and services.
"Services" means services supplied by Brett Stewart Tattoo Supply and/or Brett Stewart Tattoo Supply to the Customer
"Terms" means the terms and conditions of trade
2. Basis of Agreement
These Terms apply to the supply of all Goods and Services by Brett Stewart Tattoo Supply to the Customer cannot be varied except in writing signed on behalf of Brett Stewart Tattoo Supply.
The Customer shall supply Brett Stewart Tattoo Supply with detailed and specific instructions as to the Goods and Services it requires.
Any written quotation provided by Brett Stewart Tattoo Supply to the Customer for the proposed supply of Goods and Services is:
i. Valid for 1 month from its date.
ii. An invitation to treat only;
iii. Subject to the Customer offering to enter into an Agreement in accordance with these Terms.
3. Brett Stewart Tattoo Supply may include additional terms in its quotation to the Customer. In the case of inconsistency between terms set out in Brett Stewart Tattoo Supply quotation and these Terms the terms set out in the quotation shall prevail which can be found on reverse of invoice.
4. The Customer shall offer to purchase Goods by signing the quotation and returning to Brett Stewart Tattoo Supply.
5. The Customer's offer shall be deemed to be accepted by Brett Stewart Tattoo Supply when confirms its acceptance in writing or by electronic means.
Prices quoted for the supply of Goods and Services exclude GST and all other taxes or duties imposed on the Goods and Services in addition to paying the price of goods and services, the Customer must pay any GST and any other taxes or duty imposed on the Goods and Services.
If the customer requests any variation to the Agreement, Brett Stewart Tattoo Supply may vary the price of the Goods or Services to account for the variation.
Where there is a substantial variation in the cost of materials or services used by Brett Stewart Tattoo Supply in producing the goods or services Brett Stewart Tattoo Supply may vary its price for the Goods or Services by notifying the Customer.
All pricing is in Australian Dollars (AUD).
Payment must be made prior to goods/services being supplied.
Credit card fee of the following will be charged for online transactions
i. 1% Visa/Mastercard
ii. Money Order is available however goods will not be picked for packaging
until the clearance. Money orders can be posted to
Brett Stewart Tattoo Supply, North Geelong, Vic, 3215.
Please call 03 52721161 for street address.
8. The Customer shall reimburse Brett Stewart Tattoo Supply all expenses and costs incurred by Brett Stewart Tattoo Supply in recovering monies not paid by the Customer.
9. Risk and Insurance
The Goods shall be at the Customer's risk immediately following Delivery of the Goods.
The Customer shall obtain all necessary licenses and permits in relation to the Goods under all relevant laws or regulations.
From the time of Delivery the Customer assumes all risk and liability for loss, damage or injury to persons or property of the Customer, or third parties arising out of the use of possession of any of the Goods whether such goods are used singularly or in combination with other substances, or any process.
The customer acknowledges that
It has not relied on any services involving skill and judgment, or any advice, recommendation, information or assistance provided by Brett Stewart Tattoo Supply in relation to the goods and or services or their use or application.
It is solely responsible for satisfying itself that the goods or services are suitable for use of the Customer or any contemplated use by the Customer, whether or not such use is known by Brett Stewart Tattoo Supply.
Any description of the goods provided in a quotation or invoice is given by way of identification only and the use of such description does not constitute a contract of sale by description.
Brett Stewart Tattoo Supply will, at its discretion, arrange for the delivery of the goods to the Customer and shall designate the route and means of transportation for the delivery of Goods or Services. In the event that the Customer requires a different route or form of transportation the Customer will reimburse Brett Stewart Tattoo Supply for the extra costs involved.
Customers can expect delivery within 7 business days, depending upon final destination.
All freight to Victoria will be charged a delivery fee issued by Australia Post plus GST up to 20kg. All freight over 20kg will be supplied on individual basis.
All freight nationwide will be charged a delivery fee issued by Australia Post plus GST up to 20kg. All freight over 20kg will be supplied on individual basis.
Unless otherwise agreed in writing by Brett Stewart Tattoo Supply, the Customer will be responsible for all costs associated with delivery, including freight, insurance and other charges arising from the point of dispatch of the goods to the customer to the point of delivery.
The Customer must provide reasonable and proper access to the location specified for delivery. If goods are to be left a note stating goods may be left and signed must be available to the driver to collect as proof of delivery to the address.
The Customer authorizes Brett Stewart Tattoo Supply in its absolute discretion to subcontract delivery.
The Customer indemnifies Brett Stewart Tattoo Supply against any loss or damage suffered by Brett Stewart Tattoo Supply, its subcontractors or employees as a result of delivery.
Any period of date for delivery of goods or provision of services stated by Brett Stewart Tattoo Supply is intended as an estimate only and is not a contractual commitment. Brett Stewart Tattoo Supply will use its reasonable endeavours to meet any estimated date for delivery of the goods or completion of the services but will not be liable in any circumstances for any loss or damage suffered by the Customer or any third party for failure to meet any estimated date.
A completed drivers' manifest or delivery docket whether signed by the driver or the Customer or its employee or agent will be proof of Delivery of goods invoiced.
Goods must be checked for damage and completeness in the presence of the delivery driver. The customer acknowledges that once the customer has signed for the delivery they are signing that they have received the delivery in good condition and intact
12. Returns/Exchanges/ Warranty
Brett Stewart Tattoo Supply does not refund or exchange purchase except as specifically set out herein, or contained in any warranty statement provided with the goods or services, any term, condition or warranty in respect of the quality, merchantability, fitness for purposes condition, description, assembly, manufacture, design or performance of the goods or services, whether implied by statute, common law, trade usage, custom or otherwise which may be lawfully excluded, is hereby expressly excluded.
Brett Stewart Tattoo Supply liability arising under or in connection with the sale, use of, shortage in Delivery of or any other dealings with the Goods or Services by the Customer or any third party shall be limited to replacement or repair the Goods re-supply of the Services.
Brett Stewart Tattoo Supply shall not be liable for any indirect or consequential losses or expenses suffered by the Customer or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or good services.
Brett Stewart Tattoo Supply shall not be liable for any loss or damage suffered by the Customer where Brett Stewart Tattoo Supply has failed to deliver goods or services or fails to meet any delivery date or cancels or suspends the supply of goods or services.
Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or supply of services which cannot be restricted or modified.
Equipment Warranty - Warranty cards must be completed and returned within 14 day with proof of purchase to register for warranty. Failure to complete card within the 14days voids all warranty.
All equipment is designed to be used with Brett Stewart Tattoo Supply products failure to only use these products voids all warranties.
Provision of the Equipment Warranty is subject to:
i. Written notice from the Customer stating why the equipment does not meet specification
or those Goods that are defective.
ii. The provision of the equipment to Brett Stewart Tattoo Supply for testing at the customers cost.
iii. Correct use and storage of the Goods in accordance with instructions provided.
iv. Using the Goods and services in accordance with their intended purpose.
v. Providing evidence the customer is adequately trained and qualified.
vi. All necessary and appropriate precautions and safety measures relating to the storage,
use, handling and maintenance of the goods.
vii. Brett Stewart Tattoo Supply shall not be required to replace Goods which are defective as a result of
not being used for their proper or intended purpose or which have been treated,
processed or changed in any manner.
viii. Brett Stewart Tattoo Supply will determine if the equipment is defective or as a result of customer.
Brett Stewart Tattoo Supply will determine if repair or replacement shall be the most appropriate.
In the event the equipment is deemed not defective the customer will be advised of costs for repair/replacement.
The customer will be held responsible for all costs and charges for labour, parts, freight, insurance etc.
ix. Warranty will only be provided with Evidence of a valid Brett Stewart Tattoo Supply receipt.
13. Intellectual property.
The Customer acknowledges that it has no proprietary rights or interest in the Intellectual Property.
The Customer must not register or record or attempt to register or record anywhere in the world the Intellectual Property or any part or any patents, inventions, trademarks or designs derived from or similar to the Intellectual Property or aid or abetted anyone else in doing so.
The Customer must not at any time create, sell, manufacture or process any goods or services using or taking advantage of the Intellectual Property.
The Customer indemnifies and agrees to keep indemnified Brett Stewart Tattoo Supply against all liabilities losses and expenses incurred by Brett Stewart Tattoo Supply in relation to, or in any way directly or indirectly connected with, any breach of any Intellectual Property rights in relation to the Customer's manufacturing process or material provided by the Customer for the manufacture or supply of the goods and services.
Any Intellectual Property provided to the Customer by Brett Stewart Tattoo Supply in connection with the goods and services remains the exclusive property of Brett Stewart Tattoo Supply and must be returned to Brett Stewart Tattoo Supply on demand and must not be copied or communicated to any third party without the express written consent of Brett Stewart Tattoo Supply.
All specifications, formulae, drawings, illustration, descriptive matter and particulars contained in Brett Stewart Tattoo Supply catalogues, website and marketing documents are indicative only, do not form part of this Agreement, and are not representations or warranties of any kind. Any discrepancies will not entitle the Customer to rescind this Agreement or seek compensation or damages.
The Customer must not reverse engineer any goods provided to it by Brett Stewart Tattoo Supply.
All drawings, descriptive matter and particulars supplied by Brett Stewart Tattoo Supply to the Customer remain Brett Stewart Tattoo Supply property and are to be returned to Brett Stewart Tattoo Supply on demand and the Customer shall not publish or communicate any of them to any person or publish or permit them to be copied or communicate them to any other person without Brett Stewart Tattoo Supply prior consent in writing.
When you visit this website and purchase items online, some personal information and non-personal data will be collected.
Any personal information collected by Brett Stewart Tattoo Supply is only used to support the seller/customer relationship between you and Brett Stewart Tattoo Supply and is not used for any other purpose.
Secure Socket Layer (SSL) encrypted protection is used for all credit card and financial transactions via either SecurePay/Directone. Brett Stewart Tattoo Supply does not control the privacy policies of third party websites. All prices are in Australian dollars.
Other than the organisations involved in processing your credit card transactions, Brett Stewart Tattoo Supply does not, will not, forward/provide your information to any other party.
All personal information held by Brett Stewart Tattoo Supply either in its data bases or otherwise is held in a strictly confidential manner.
Brett Stewart Tattoo Supply does not keep or store any details about customers credit cards.