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TERMS AND CONDITIONS
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In these conditions, unless the contrary intention appears:
SAKURA FILTERS AUSTRALIA means SOLCREST Pty.Ltd. ( ACN. 004 016 906) of 11 GEORGE YOUNG STREET, AUBURN. N.S.W. 2144. Australia.
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Contract means any contract or agreement whatsoever made by SAKURA FILTERS AUSTRALIA to supply any goods or services to the customer, whether resulting from the acceptance by SAKURA FILTERS AUSTRALIA of an order given by the customer or otherwise; Contract price means the total of the prices specified for the supply by SAKURA FILTERS AUSTRALIA to the customer; Customer means the customer of SAKURA FILTERS AUSTRALIA who buys goods or to whom SAKURA FILTERS AUSTRALIA supplies any services; Goods means any or all of the products the subject of supply by SAKURA FILTERS AUSTRALIA to the customer; GST means a tax payable on a supply; Order means any offer to purchase the goods from SAKURA FILTERS AUSTRALIA made by the customer; Services means any or all of the services (if any) the subject of supply by SAKURA FILTERS AUSTRALIA to a customer;
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These conditions will form part of any contract; and will apply to any supply by SAKURA FILTERS AUSTRALIA, whether in accordance with any order, contract, or otherwise; and may be varied only by writing signed by an authorized officer of SAKURA FILTERS AUSTRALIA.
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Time for payment of the price for any supply is of the essence in any contract. If SAKURA FILTERS AUSTRALIA accepts an order, and SAKURA FILTERS AUSTRALIA has not agreed in writing to extend credit to the customer, the customer must pay the contract price to SAKURA FILTERS AUSTRALIA in full on delivery of the goods or services; or has agreed in writing to extend credit to the customer, the customer must pay the contract price to SAKURA FILTERS AUSTRALIA in full prior to the end of the month following the date of the invoice sent by SAKURA FILTERS AUSTRALIA in relation to that supply.
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SAKURA FILTERS AUSTRALIA may, but is not obliged to, deliver the goods to the customers premises, in accordance with SAKURA FILTERS AUSTRALIA usual practices, but if the customer requests another method of delivery; or SAKURA FILTERS AUSTRALIA elects to use an independent courier to deliver the goods, SAKURA FILTERS AUSTRALIA may arrange another form of transport with that independent courier by a separate contract, and the customer must pay to SAKURA FILTERS AUSTRALIA on demand any costs of that courier incurred by SAKURA FILTERS AUSTRALIA. Unless otherwise agreed to in writing.
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The title to and property in the goods will not pass from SAKURA FILTERS AUSTRALIA to the customer until the customer has paid the contract price in full (other than the costs of any independent courier referred to in clause 4) to SAKURA FILTERS AUSTRALIA in accordance with these conditions. Until then, the customer must possess the goods as a trustee, and must not resell or transfer possession of the goods.
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If the customer fails to pay the contract price in full when due or/and pays for the goods by cheque (in whole or in part) and that cheque is not met on presentation or/and commits any act of bankruptcy or becomes bankrupt or is insolvent under administration as defined in section 9 of the corporations law or/and is or becomes insolvent within that meaning as given by any of section 9 subsection 95A(2) or section 922 of the corporations law or/and has a controller appointed as defined in section 9 of the corporations Law in respect of any of the customer’s property, SAKURA FILTERS AUSTRALIA may enter onto the premises where the goods are situated and repossess the goods notwithstanding that the goods may have been affixed to any structure by SAKURA FILTERS AUSTRALIA or the customer and if necessary for that purpose, may sever the goods from any structure to which they may have been affixed.
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The customer must also indemnify and keep SAKURA FILTERS AUSTRALIA indemnified against, and pay to SAKURA FILTERS AUSTRALIA, all expenses, losses and damages incurred or sustained by SAKURA FILTERS AUSTRALIA as a result of, or in relation, to SAKURA FILTERS AUSTRALIA exercising its rights under this terms and conditions or otherwise at law or in equity, and any bank or other costs , charges or expenses incurred by SAKURA FILTERS AUSTRALIA resulting from any customers cheque not being met on presentation.
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Subject to the requirements of any law, SAKURA FILTERS AUSTRALIA: (a) may consider, but is not obliged to allow, goods to be returned for credit, if the goods are returned in good and resalable condition, in the original packaging and the customer first pays all freight and other charges to deliver the goods to SAKURA FILTERS AUSTRALIA premises and SAKURA FILTERS AUSTRALIA will not accept any goods sent or pay for, “freight forward” and the customer first supplies to SAKURA FILTERS AUSTRALIA the original invoice number and date of supply. (b) will not allow credits for any goods lost or damaged or altered or used in any way by customer and general wear and tear and any freight or delivery fees.
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The customer must report all shortages of goods from the quantities described in the invoice within 24 hours of delivery of the goods otherwise the customer may not make any claim against SAKURA FILTERS AUSTRALIA for any such shortages.
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The customers sole remedy for any defective goods or services will be the repair or replacement of the defective goods or for the re-supply of the defective services.
SAKURA FILTERS AUSTRALIA liability for any breach of any warranty or of any term, express or implied, of any contract in relation to any supply, will not extend in any circumstances to loss of profits, or other economic loss, or to loss arising from negligence or any other tort, in any case, whether direct, indirect, special, consequential or otherwise.
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9.
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Limitation of Liability.
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Except as otherwise expressly provided in these conditions, and subject to the succeeding paragraphs, FSA excludes all statements, representations, warranties, conditions, promises, undertakings, covenants and other provisions, express or implied and whether implied by law (including Act of parliament) or otherwise, relating to the order, the goods or services (whether as to their quality, fitness for any purpose, correspondence with any description or sample or otherwise), or their delivery, being provisions that might otherwise form part of these conditions, or any contract, or be collateral to or form part of any agreement that is collateral to these conditions, or any contract.
Subject to the next paragraph, SAKURA FILTERS AUSTRALIA will not be liable to compensate or indemnify the customer for any loss or damage suffered or incurred by the customer in relation to the order, the goods, or the services, or their delivery, mis-delivery or non-delivery (including but not limited to any loss of profits or other economic loss or to loss arising from negligence or any other tort, in any case, whether direct, indirect, consequential or otherwise).
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These conditions do not, and no provision of these conditions purports to, exclude, restrict or modify or have the effect of excluding , restricting or modifying : (a) the application in relation to the supply of the goods or services of any provision of the Trade Practices Act 1974 or of any similar State or Federal legislation that may not be excluded, restricted or modified; or (b) the exercise of a right conferred by such provision; or (c) subject to the next paragraph, any liability of SAKURA FILTERS AUSTRALIA for breach of a condition or warranty implied by such a provision.
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SAKURA FILTERS AUSTRALIA liability for a breach of a condition or warranty implied by a provision Division 2 of Part V of The Trade Practices Act 1974, or of any similar State or Federal legislation where SAKURA FILTERS AUSTRALIA may similarly limit its liability, will be limited to any one of the following: (a) the replacement of the relevant goods or the supply of equivalent goods; or the repair of the relevant goods; and (b) the supply of the services again; and SAKURA FILTERS AUSTRALIA may in its sole discretion determine which of the foregoing limits will apply in any case.
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Any supply by SAKURA FILTERS AUSTRALIA to the customer, and these conditions, will be governed by the laws of or applicable in place where the goods are delivered or the services are supplied to the customer.
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