GEAR Shop Brisbane
Custom Order / Special Order-In Sales Agreement
2. The Buyer will accept the Goods and pay for the Goods with
- a. non-refundable deposit, as described within their Order.
- b. The remainder of the Purchase Price as required prior to collection or delivery
4. No refund of the deposit will be given for change of mind, a change of circumstances or if there is a delay in supply or freight delivery windows from the supplier or distributor for Special Order In or Custom Order Items once an order has been placed.
5. Except as otherwise provided in this Agreement, the deposit is not refunded to the Buyer if this transaction is not completed. The Buyer will make payment for the Goods at the time when, and at the place where, the Goods are received by the Buyer or, in the alternative, when any document of title or registrable bill of sale, bearing any necessary endorsement, is tendered to the Buyer.
Delivery of Goods
6. The Goods will be collected by the Buyer at Gear Shop Brisbane, Shop 3A Browning Street, West End, Brisbane QLD, 4101. If the Buyer cannot collect items from this address, shipment can be arranged at the Buyers cost.
7. THE GOODS ARE SOLD 'AS IS' AND THE SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The Seller does not assume, or authorise any other person to assume on the behalf of the Seller, any liability in connection with the sale of the Goods. The Seller's above disclaimer of warranties does not, in any way, affect the terms of any applicable warranties from the manufacturer of the Goods.
8. Title to the Goods will remain with the Seller until payment in full, delivery and actual receipt of the Goods by the Buyer.
9. The Seller retains a security interest in the Goods until paid in full.
10. Headings are inserted for convenience only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
11. All representations and warranties of the Seller contained in this Agreement will survive the closing of this Agreement.
12. The Buyer may not assign its right or delegate its performance under this Agreement without the prior written consent of the Seller, and any attempted assignment or delegation without such consent will be void. An assignment would change the duty imposed by this Agreement, would increase the burden or risk involved and would impair the chance of obtaining performance or payment.
13. This Agreement cannot be modified in any way except in writing signed by all the parties to this Agreement.
14. This Agreement will be governed by and construed in accordance with the laws of the State of Queensland and the Seller and the Buyer hereby attorn to the jurisdiction of the Courts of the State of Queensland.
15. If any clause of this Agreement is held unconscionable by any court of competent jurisdiction, arbitration panel or other official finder of fact, the clause will be deleted from this Agreement and the balance of this Agreement will remain in full force and effect.
16. This Agreement will inure to the benefit of and be binding upon the Seller and the Buyer and their respective successors and assigns.
17. This Agreement may be executed in counterparts. Facsimile/Electronic signatures are binding and are considered to be original signatures.
18. Payment of a deposit is considered a confirmation and acceptance of the terms supplied on this document, and is binding in lieu of a signature in store.
19. This Agreement constitutes the entire agreement between the parties and there are no further items or provisions, either oral or otherwise. The Buyer acknowledges that it has not relied upon any representations of the Seller as to prospective performance of the Goods, but has relied upon its own inspection and investigation of the subject matter.