General
In these Terms & Conditions, “us” means Xalt Ventures Pty Ltd ACN 673 983 189 (the corporate entity which possesses all legal rights to the "Louis Bianco" brand. “You” means the potential buyer of our goods. “Goods” means any goods invoiced on our Invoices once an order is confirmed.
Warranties
- We warrant that the goods supplied shall be of merchantable quality. All goods are supplied subject to this warranty only and any liability arising out of or in respect of the supply, re-supply, use or re-use whether singularly or otherwise of the goods, howsoever, arising and whether for consequential loss or otherwise, and including any liability we may otherwise have had by virtue of any representation, warranty, condition or term, whether express or implied by law is hereby excluded.
- Any liability incurred by us to you is limited to the replacement of the goods or (at our option) refund of the price paid by you and in particular does not extend to consequential loss and is conditional upon you making a written claim to us within the exact time of delivery or pick-up, setting out the full particulars of such claim and returning to us the goods to enable a proper examination.
Advise
No one has our authority to give any oral advice, recommendation, information, indicated quantities or volumes, so as to bind us in relation to the goods sold or manufactured by us. If you seek any advice, recommendation, information, assistance or service provided by us and intend to rely on it such fact is to be made known to us and confirmed in writing signed on our behalf at the time the goods are ordered.
Delivery
- Delivery is charged separately on an order basis.
- Any advice given as to the intended date or time of delivery is given subject to availability of the goods and our capacity to effect delivery. We accept no responsibility should the goods not be delivered at the time or on the date advised. We may withhold delivery until the goods are paid for.
- In the case we allow an exchange or refund through no fault of ours you agree to pay us a re-stocking fee at the rate advised by us.
- Freight charges and details of delivery including any costs for insurance will be on your account.
The risk of the goods shall pass to you upon delivery.
Property
- Property and legal ownership of the goods shall remain with us and you shall hold the goods.
- As fiduciary owner; and
- In such fashion that they can be recognized as belonging to us until such time as we receive payment for the Goods.
- If you:
- Mix the goods with another item or items, or
- Use the goods in the manufacture of another item or items, so that the goods become a constituent part of another item or items, then the ownership in the new item or items shall vest in us until full payment is made to us for the goods.
- Sell the goods, you agree to do so as our agent in the ordinary course of your business. The proceeds of sale are held on our behalf until payment is made to us in frill for the goods.
- Do not pay for the goods or if we believe you may not pay for the goods, we may retake possession of the goods or the item or items of which the goods form part.
- You authorize us to enter or re-enter the site nominated for delivery of the goods should it become necessary for us to retake possession of them.
- You indemnify us against any claim for damage arising from the entry of our vehicles onto the property nominated for delivery of the goods.
Product Details & Description
- Our products are listed in nominal sizes / units as per Australian industry standards. If you require actual sizes of a particular product, please enquire with us online before making a purchase.
- We strongly recommend you request and arrange for a sample shipment to verify and inspect the true physical colour samples prior to placement of your order. Images posted online and, on our brochures, cannot be taken as a absolute representation and should be used as a guide only. We accept no liability for any dissatisfaction you may have with a colour or pattern.
- To organize a sample, please contact us for details of costs which you will need to bear. This cost will be refunded to you upon completion of the order you will subsequently place.
Applicable Law
Your purchase agreement which includes these conditions is made in the State, of Victoria, Australia and any dispute shall be determined in the courts of that State.
Payments
- We accept payment via card or direct bank transfer. (a 2% surcharge is applicable on accepted credit cards)
- All payments must fully clear into our nominated Australian Bank account prior to order commencement and dispatch.