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Terms Of Sale
These terms of sale ("Terms") govern each quotation and agreement ("Contract") formed on acceptance of an order placed by a customer ("Customer") with Bing Lee Electrics Pty Limited ABN 61 000 733 488 ("Bing Lee") for the supply of goods and/or services ("Goods").
Returns
1. Bing Lee will deal with claims for return of Goods in accordance with Bing Lee's Returns Policy. A copy of the Returns Policy is available from Bing Lee or at www.binglee.com.au.
Payment and Interest
2. Bing Lee reserves the right to require payment for Goods and delivery in advance of delivery.
3. Overdue amounts owing to Bing Lee will be subject to interest calculated at the rate of ten per cent (10%) per annum.
4. In the event that the Customer fails to pay for Goods in accordance with these Terms, the Customer must, if requested, return the Goods to Bing Lee at the Customer's cost.
Proof of Transaction
5. Bing Lee will provide the Customer with a "proof of transaction" and if requested, an itemised bill in accordance with the Competition and Consumer Act 2010 (Cth) ("Act").
Delivery and Inspection
6. Changes to delivery details by a Customer must be notified to the store from which the Goods were purchased at least one (1) business day before the scheduled delivery date. The Customer must be present to accept delivery of Goods at the nominated delivery address on the scheduled delivery date. To minimise disruption, Bing Lee's carriers will contact the Customer on the morning of delivery with an approximate delivery time.
7. Delivery times and dates provided by Bing Lee are approximations only. Bing Lee will not be liable for any loss or damage suffered by a Customer due to any failure to supply the Goods by a specific time or date. Unless otherwise agreed, when the Customer has nominated an address for delivery, delivery to that address will satisfy Bing Lee's delivery obligations under the Contract. An additional delivery charge will apply if Goods are not delivered because the Customer was not present at the nominated address on the scheduled delivery date. Bing Lee may, in its absolute discretion, suspend or cancel delivery if the Customer is overdue in any payment to Bing Lee or in breach of these Terms.
8. Bing Lee's carriers may, at their sole discretion, remove old products at the Customer's request provided the carrier is satisfied the removal can be undertaken safely with due care and diligence.
9. The Customer must notify Bing Lee within 24 hours of delivery of any damage to Goods or if the Goods are inconsistent with the Customer's order. Failing such notice, and to the extent permitted by law, the Customer will otherwise be deemed to have accepted the Goods.
Title
10. The title to Goods will remain with Bing Lee and not pass to the Customer until the Customer has paid all amounts owing to Bing Lee by the Customer on any account.
11. If the Customer sells Goods contrary to Bing Lee's title, the Customer must hold the proceeds of sale as trustee for Bing Lee. Bing Lee will be entitled to recover all proceeds held on trust and the Customer agrees to bear the costs of such recovery action.
12. The risk of loss or damage to the Goods will pass to the Customer on delivery.
Warranties, Conditions and Guarantees
13. Subject to clause 14, these Terms set out the full extent of Bing Lee's liability in respect of the supply of Goods and there is no warranty, condition, guarantee or other term binding on Bing Lee except as expressly stated in these Terms or the Contract. Any warranty, guarantee, condition or other term concerning the supply of Goods implied by law or otherwise is expressly excluded to the extent permitted by law.
14. Despite clause 13, nothing in these Terms will be construed to exclude, restrict or modify any condition, warranty, guarantee, right or liability applicable to the Contract by law (including any warranty, condition, guarantee, right or liability imposed by the Act) where to do so would be illegal or render any provision of the Contract or these Terms void or unenforceable.
15. Subject to clause 14, Bing Lee will not be liable under the Contract to the Customer for any loss of income, loss of profits, loss of contract, loss of data, indirect, consequential, punitive or exemplary loss or damage in respect of the supply of the Goods or otherwise.
16. Subject to clause 14 and clause 15, the Customer and Bing Lee agree that Bing Lee's maximum aggregate liability to the Customer will not exceed the amount paid by the Customer to Bing Lee for the relevant Goods.
Privacy
17. Bing Lee will collect and deal with the Customer's personal information only in accordance with Bing Lee's Privacy Policy and the Privacy Act 1988 (Cth). A copy of the Privacy Policy is available from Bing Lee or at www.binglee.com.au.
Unforeseen Events
18. Bing Lee may cancel or suspend delivery of any order for Goods in the event of any delay or non-performance due directly or indirectly to war, terrorism, strike, lockout, delay or default of a manufacturer or supplier, act of God or any other cause beyond Bing Lee's control.
Goods and Services Tax
19. In these Terms, "GST", "supply", "taxable supply" and "tax invoice" have the meaning given to such terms in A New Tax System (Goods and Services) Tax Act 1999 (Cth) and "GST" also includes any penalties or additional tax imposed in relation to the GST payable on the supply of Goods. Any amount payable under these Terms is inclusive of GST if there is a taxable supply.
20. If the amount of GST applicable to a sale made to the Customer differs from the amount of GST the Customer has paid for the Goods, then the amount of GST payable by the Customer will be adjusted either by further payment by the Customer or repayment by Bing Lee to the Customer of the amount of the adjustment as the case may be.
Entire Agreement
21. The Contract and these Terms constitute the entire agreement between Bing Lee and the Customer in respect of the supply of the Goods and supersedes all prior agreements and understandings between the parties in connection with that supply.
Variation
22. The Contract or these Terms cannot be varied unless Bing Lee agrees in writing with the Customer.
Governing Law
23. The Contract will be governed by the laws of New South Wales and the Customer submits to the non-exclusive jurisdiction of the courts of that State.
Additional Terms only applicable to orders accepted through Bing Lee's websites ("Website") at binglee.com and binglee.com.au
Additional Delivery Conditions
24. In addition to clauses 6, 7, 8 and 9, additional conditions concerning delivery are contained at www.binglee.com.au/delivery-details
Pricing
25. Prices displayed on a Bing Lee Website are subject to change without notice. The price of an item once ordered is fixed once the order is accepted by Bing Lee. Subsequent price changes (either up or down) will not apply to accepted orders. All pricing displayed on the Website is for online purchases only and may not be matched at a Bing Lee physical retail location and vice versa. The Customer must pay any specified delivery charge notified through the Website at the time an order is placed by the Customer.
Competitor Pricing
26. Bing Lee will match Competitor Pricing in accordance with Bing Lee's Competitor Pricing Policy.
Verification Procedures
27. When a Customer places an order and pays by either credit card or PayPal an email may be sent to the Customer from the processing team requesting further information, such as a copy of the credit card and driver licence for identification. After verification, this information will be destroyed. If the Customer does not provide the requested information within 7 days, the order may be cancelled and the payment refunded by the same method of payment. Information requests are made to help reduce the incidence of fraud.
