Unless otherwise agreed to in writing, all Goods ("Goods") are sold or offered for sale by Global Environment Management Australia Pty. Ltd. ("Supplier") subject to the following conditions:

  1. This Agreement

    This agreement is a legally binding contract between the Buyer and the Supplier. This agreement contains all the terms and conditions between the Supplier and Buyer.

  2. Prices

    2.1 Australian Domestic Prices:
    All prices are quoted in Australian dollars including GST, and any GST applicable will be itemised on a Tax Invoice (as defined in the GST Act).

    2.2 Export Prices:
    All export prices are quoted in Australian Dollars excluding all Government taxes, charges and/or imposts charged outside Australia including financial institution charges. When an overseas Buyer purchases a Good from the Supplier and pays by credit card, the Supplier will process the Buyer's credit card at the quoted price in Australian dollars. The Buyer bears any additional costs charged by the Buyer's credit card provider, currency fluctuations, or any other related transactional costs.

  3. Delivery

    Late delivery or non-delivery due to any circumstances or events beyond the Supplier's control shall not constitute a breach of contract by the Supplier and the Supplier shall not be liable for any loss or damage howsoever arising through such late delivery or non-delivery. The choice of the carrier and method of transport remains with the Supplier. The Good is deemed to be delivered on the Date of Delivery.

  4. Warranty
  5. Subject to paragraphs 5 and 6, unless otherwise agreed between the parties in writing, Goods manufactured or sold by the Supplier under any of the Brand Names are warranted against faulty materials and/or workmanship for three years from the Date of Delivery.

  6. Conditions of Warranty
  7. The warranty set out in paragraph 4 is subject to compliance with the following conditions:

    5.1 The Good must be used and handled with due care, and in compliance with the Instructions for Use.

    5.2 The Good must be assembled and located with due care and in accordance with the Instructions for Use.

    5.3 Where a Buyer believes the Good is faulty, within 30 days of the Date of Delivery, the Buyer must contact the Supplier on 1800 615 445 (if the Buyer is calling within Australia) or on +61 3 8561 7990 (if the Buyer is calling from outside Australia) and report that the Good is faulty. The Supplier will provide the Buyer with a product return number.

    5.4 The Supplier will arrange collection of the Good for goods that were delivered in Australia from the place of original delivery at the Supplier's cost. The Good must be repackaged in a clean condition, complete with all components and instructions for use as delivered to the Buyer. For goods delivered outside Australia the Buyer must return the goods to Melbourne, Vic, Australia . The Buyer must also include the product return number, invoice number and contact details. The Supplier will not be responsible for lost items as a result of poor repackaging by the Buyer. The Supplier will subsequently inspect the Good and determine whether the Good is faulty. If the Supplier determines that either the Good is not faulty or that the Good was damaged or defaced as a result of the fault of the Buyer, the Supplier reserves the right to charge the Buyer the cost of the return freight.

  8. Limitation of Liability

    6.1 The Supplier will not be liable for any loss or damage incurred by the Buyer or End User whether for damage to the Good or otherwise, as a result of negligence, alteration, accident or use of the Good in a way which is not in compliance with the Instructions for Use, or use of the Good in any way for which the Good was not designed or approved by the Supplier or as a result of improper assembly, location or application.

    6.2 The liability of the Supplier in respect of faulty materials or workmanship shall, at the option of the Supplier, be limited to one of the following: (a) the replacement of the Good; (b) the supply of an equivalent Good; (c) the repair of the Good; or (d) the payment of the cost of having the Good repaired.

    6.3 The Supplier will not be liable for any special indirect or consequential damage arising out of the supply of the Good.

    6.4 If a claim is made by a Buyer or End User under the warranty set out in paragraph 4, the Supplier will not accept any claim for costs, charges or expenses incurred by the Buyer or End User in relation to replacement, supply or repair of the Good.

    6.5 If a claim is made by an End User under the warranty set out in paragraph 4, the terms of paragraph 5 shall apply to such a claim.

    6.6 Except for any warranties and conditions which cannot be excluded under any Act, all warranties and conditions with regard to the Good sold which are implied by common law, statute or trade usage are excluded to the full extent legally permissible.

  9. Payments

    Unless otherwise agreed to in writing, the Good is to be paid in full prior to despatch by the Supplier to the Buyer's nominated delivery address.

  10. Location of Contract (Legal Domicile)

    Any contract with the Supplier will be deemed to have been executed and entered into in the State of Victoria, Australia and the same shall be construed enforced and performed in accordance with the laws thereof. Any proceedings shall be brought and heard in the courts of the State of Victoria.

  11. Title and Risk

    The Supplier supplies the Good on condition that property in the Good does not pass to the Buyer until they have been paid in full and the Supplier has been paid for all other moneys then owing to the Supplier by the Buyer.

  12. Variation

    A variation of these Terms and Conditions of Sale shall be ineffective unless it is in writing and signed by the Supplier.

  13. Severability

    If a Court determines that a condition or part of these conditions is unenforceable, illegal or void then it shall be severed and the remainder of these Terms and Conditions of Sale shall remain operative.

  14. Definitions

    In these Terms and Conditions of Sale the following terms shall have the following meanings:

    (a) "Brand Names" means "Aerobin", "Aerobin 400", and "Global Environment Management".
    (b) "Buyer" means the buyer of a Good;
    (c) "Date of Delivery" means :

    1. in the case of a Good sold in Australia, [ ] days after which the Good is delivered up by the Supplier to the carrier of the Good; or
    2. in the case of a Good sold outside Australia, [ ] days after which the Good is delivered up by the Supplier to the carrier of the Good.

    (d) "End User" means a person or business which purchases or uses a Good supplied directly or indirectly by the Buyer;
    (e) "Goods and Services Tax" or "GST" has the same meaning as given in the GST Act;
    (f) "GST Act" means the A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth);
    (g) "Instructions for Use" means the instructions packaged with the Good, any other labeling marked or imprinted on the Good and any other information contained on the Supplier's website at www.aerobin400.com