By using the murchison-hume.com.au website, you agree to be bound by our terms and conditions set out below (“Terms and Conditions”).
The words “we”, “us”, “our” and “Murchison-Hume” mean Murchison-Hume Pty Limited ABN 89 118 743 730 (and its directors, officers, employees, agents, shareholders or related entities) of Suite 1/87 Great North Rd, Five Dock NSW 2046 and the words “you” and “your” refer to the users of this website who may include our members, customers and wholesalers.
2. Acceptance of Terms and Conditions of Use.
You should read and familiarise yourself with these Terms and Conditions before you use this website. By using this website, you expressly agree to these Terms and Conditions as they are amended from time to time and you acknowledge that you have read and understood them.
You should always check this page prior to using the Site to make sure that you have a current understanding of the Terms and Conditions. If you do not agree with these Terms and Conditions, you must discontinue your use of this site. By using this site your also acknowledge that you are over 18 years of age.
If you are wholesaler you are also subject to the wholesaler provisions. You should read and familiarise yourself with these provisions.
3. Disclaimer and Limitation of Liability
The information contained on this website is provided by us in good faith. To the best of our knowledge, the information is accurate and current, however, we do not make any representation or warranty as to the accuracy or completeness of the information. We may also provide information to third parties, for example, suppliers and wholesalers. We make no representation or warranties of any kind, either express or implied, about the accuracy, completeness, reliability or otherwise of the information provided by these third parties. You should exercise and use your own discretion and judgement when purchasing a product.
The law implies certain terms, conditions, warranties or guarantees (“prescribed terms”) in relation to the supply of goods and services and nothing in these Terms and Conditions excludes or restricts or modifies any prescribed terms which, pursuant to the Australian Consumer Law (or other relevant legislation), cannot be excluded or modified. However, to the extent permitted by law we limit our liability to, at our option:
(1) the cost of replacing the goods or supplying equivalent goods; or
(2) the cost of repair of the goods; or
(3) the cost of having the goods repaired or replaced.
You shall indemnify and keep us indemnified in respect of all claims and demands against us arising out of, in connection with, or relating to any loss, injury, expense or damage arising howsoever (and including any claim or demand by a subsequent purchaser or consumer whether or not arising from our default, negligence or conduct or by our representatives) in relation to goods sold by us to you. In no event shall we be liable for any claims or damages including, but not limited to, claims for faulty design, negligent or misleading advice, damages arising from loss or use of the products, and any indirect, special or consequential damages or injury to any person, corporation or other entity.
If we become liable to you for loss or damage of any kind arising out of these Terms and Conditions agreement or in connection with the relationship established by it, our liability is reduced to the extent (if any) that you cause or contribute to the loss or damage. This applies whether our liability is in contract, tort (including negligence), under any law or otherwise.
All prices quoted are in Australian dollars (AUD). We endeavour to ensure that our price list is current and reserve the right to amend our prices at any time.
5. Returns and Delivery of Goods
We are committed to supplying you with what you want. If for any reason the product that you purchased is not what you thought you purchased, simply return it within seven (7) days of receiving it, in its original state and packaging, for a refund.
During the period of ninety (90) days from the date of delivery of the products by us, or any authorised distributor, we will replace or repair any defective products without charge so long as the damage does not arise from:
(1) any contamination or leakages caused or induced by you;
(2) any misuse of the product by you or anyone for whom you have legal responsibility (including a minor); or
(3) any use or operation of the product by you which is outside of the specifications and instructions noted on the packaging;
All transportation charges incurred in returning unwanted or defective products, or any of its component parts, for repair, replacement or refund together with the cost of returning them to you must be paid by you.
Orders will normally be shipped within 3 working days from the time of receipt of payment. All products are professionally packed in purpose built cardboard boxes. Australia Post ‘Parcel Post’ or ‘Express Post’ postal services are our standard postage options but may not be limited to these. If you are ordering from outside Australia, we normally use international express post. The postage and handling charge is calculated based on size and weight of your order and displayed for you at time of checkout. Other delivery options may be arranged, by emailing us at email@example.com with details of your request.
Risk in the goods passes to you when it leaves our warehouse. While every care will be taken when packing and handling goods, items can be damaged or lost in the post.
Postage is at your risk and items damaged or lost in the post will not necessarily be refunded. Goods which are lost may be replaced, however, you will liable for all postage and handling costs. Should you wish to consider insurance or other postage options, please email us as above.
6. Payment Options
You must pay the fees and charges online using the following online payment methods.
We accept the following credit cards:
(1) Visa; Visa Debit;
(2) MasterCard; MasterCard Debit;
If we are unable to successfully process your credit card payment for your order that is accepted by us, then we may notify you of the dishonour and cancel your order.
7. Intended Use
The material on this site is published by us and is intended for use in Australia. The site is not intended for use outside Australia. We make no claim that the information contained on this site is appropriate or may be downloaded legally outside Australia. If you access this Web Site from outside Australia, you do so at your own risk and you are responsible for compliance with the laws in your jurisdiction.
8. Intellectual Property
The specification and design of the goods and this website (being the intellectual property, including but not limited to, copyright, design right, trade marks or other intellectual property) remains the property of Murchison-Hume.
9. Changes to these Terms and Conditions of Use
We may change these Terms and Conditions at any time, and such modifications will be effective as soon as they are posted. By continuing to use the site after these Terms and Conditions have been modified, you agree to be bound by the changes to these Terms and Conditions. If you have an order that has been accepted by us, the Terms and Conditions that will apply to the order, are the Terms and Conditions that applied at the time you placed your order.
10. Force Majeure
If by reason of any fact, circumstance, matter or thing beyond our reasonable control we are unable to perform in whole or in part any obligation to you we are relieved of that obligation to the extent and for the period that we are so unable to perform and we are not liable to you in respect of such inability.
12. External Websites
This website may contain links to external websites that are not operated by us. We make no representations or warranties about those external websites and have no responsibility or liability for them. You agree that your access to, and use of, them is at your risk absolutely.
If any provision of these Terms and Conditions is found to be void or unenforceable at law, that provision will not affect any other provision of these Terms and Conditions and, as far as is possible, will be read down to the extent required to make it enforceable.
14. Governing Law
These Terms and Conditions are governed by the law in force in the State of New South Wales, Australia.
In addition to the above Terms and Conditions our wholesaler customers also acknowledge and agree as follows.
15. Retention of Title
15.1 You agree that:
15.1.1 the property in the goods remains with us until we have been paid in full for the goods under all individual contracts for the supply of the goods between you and us;
15.1.2 you are a bailee of the goods until such time as property in them passes to you and that this bailment continues in relation to each of the goods until the price of the goods has been paid in full;
15.1.3 pending payment in full for the goods, you:
18.104.22.168 must not supply any of the goods to any person outside of your ordinary or usual course of business;
22.214.171.124 must not allow any person to have or acquire any security interest in the goods;
126.96.36.199 must insure the goods for their full insurable or replacement value (whichever is the higher) with an insurer licensed or authorised to conduct the business of insurance in the place where the buyer carries on business;
188.8.131.52 must not remove, deface or obliterate any identifying plate, mark or number on any of the goods;
15.2 Despite clause 15.1 above, if you supply any of the goods to any person before all moneys payable by you have been paid to us (and have not been claimed or clawed-back by any person standing in the place of or representing you), you agree that:
15.2.1 you hold the proceeds of re-supply of the goods on trust for and as agent for us immediately when they are receivable or are received;
15.2.2 you must either pay the amount of the proceeds of re-supply to us immediately when they are received or pay those proceeds into an account with a bank or a financial institution or deposit-taking institution as trustee for us;
15.2.3 if you fail to pay for the goods within the period of credit (if any) extended by us to you, we may recover possession of the goods at any site owned, possessed or controlled by you and you agree that we have an irrevocable licence to do so without incurring liability to the buyer or any person claiming through you.
15.3 In connection with the goods while they remain our property, you agree with us that:
15.3.1 you have no right or claim to any interest in the goods to secure any liquidated or unliquidated debt or obligation we owe to you;
15.3.2. you cannot claim any lien over the goods;
15.3.3 you will not create any absolute or defeasible interest in the goods in relation to any third party except as may be authorised by us;
15.3.4 we may register a security interest over the goods.
For the purpose of this clause “good(s)” means all products which are supplied by us to your as described in invoices produced by us to you.