Terms & Conditions

Scope
All goods (“Products”) supplied by Beuchat Australia are supplied on these terms and conditions.

2 Order Acceptance
No order shall be binding on Beuchat Australia until accepted by Beuchat Australia. An individual contract for the supply of Products, on these terms and conditions, is formed on acceptance by Beuchat Australia of an order from the Customer. Beuchat Australia reserves the right to accept any order in whole or in part.  Where Beuchat Australia makes a part delivery of any order, such delivery shall constitute a separate contract. No order may be cancelled or varied after acceptance by Beuchat Australia.

3 Payment Terms
Payment must be made in full and on checkout in the online shopping cart without set off or deduction. Beuchat Australia will investigate any disputed amounts, and if resolved in favour of the Customer, a credit will be issued to the Customer.

4 Title to Products
Ownership in the Products does not pass to the Customer until the Customer has discharged all outstanding indebtedness, whether in respect of the Products or otherwise, to Beuchat Australia. Risk in the Products will pass on delivery to the Customer. Delivery may not be refused by the Customer.

5 Delivery
5.1 Beuchat Australia reserves the right to charge for delivery of the Products at any time, notwithstanding that it may not have previously done so. Administrative fees may also be imposed for orders under certain dollar values. Where prices are stated as inclusive of delivery, delivery is to the delivery point specifically accepted by Beuchat Australia.
5.2 A handling fee may be incurred on all orders.

6 Returns – Beuchat Australia has a ‘no problems return policy’
6.1 Any Products which are damaged or defective, or which are not otherwise in accordance with the Customer’s order, or which the law provides may otherwise be returned to Beuchat Australia may be returned to Beuchat Australia within 10 days after the Customer has received the Products, at no cost to the Customer.
6.2 The Customer may otherwise return Products to Beuchat Australia and obtain a credit:
(a)    provided that it does so within 30 days of delivery and a return authorisation is obtained from Beuchat Australia; and
(b)    provided that the Products are in their original packaging, unopened, of a current make and model, and otherwise as new and in a saleable condition;
(c)    at the Customer’s own expense; and
(d)    on the basis that risk in the Products remains with the Customer until the Products are received by Beuchat Australia, and that  a restocking or return fee may be charged.

6.3 Notwithstanding the provisions of this clause 6, Beuchat Australia will not accept a returned Product where the Customer has caused the Product to become un-merchantable or failed to take steps to prevent the Product from becoming un-merchantable or the Product has become damaged by abnormal use whilst in the possession of the Customer.

7 Customer Specific Stock
Where Beuchat Australia has agreed to procure and/or warehouse and/or distribute Products specifically for the Customer, the Customer must, within 30 days of request, purchase all stock then warehoused and  held at the then prevailing supply price. Where the Customer does not do so, Beuchat Australia may dispose of the affected Products without liability for any loss or damage suffered by the Customer as a result.  The Customer indemnifies Beuchat Australia against all claims, demands, loss, costs and expenses incurred by or made against Beuchat Australia, arising out of any actual or alleged infringement of patents, copyright, trademarks, design rights or other intellectual property rights, by any logo, design, copyright or other material that Beuchat Australia may use, print or reproduce at the Customers request.

8 Liability
8.1 Except for those required or implied by legislation, Beuchat Australia gives no express warranty in relation to products and services supplied to the Customer, and the Customer acknowledges that it has not relied on any representation or warranty made by or on behalf of Beuchat Australia. Certain legislation may imply conditions and warranties into these terms and conditions. To the extent that such conditions and warranties may lawfully be excluded, all such conditions and warranties are expressly excluded. The liability of Beuchat Australia under or arising out of the supply of goods and services for breach of any term, condition or warranty implied in or imposed upon the supply of goods and/or services by legislation, shall be limited, at the option or Beuchat Australia to:
(a)    the replacement of the goods or the supply of equivalent goods;
(b)    the repair of the goods;
(c)    the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(d)    the payment of the cost of having the goods repaired;
8.2 Except to the extent the law provides that liability is not able to be excluded, Beuchat Australia shall not be under any liability to the Customer in respect of any loss or damage (including consequential or indirect loss or damage or loss of profits, loss of use or loss of data) however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the Products, any services supplied by Beuchat Australia or the failure of Beuchat Australia to comply with these terms and conditions.

9 Conflicts
These terms and conditions will apply to the exclusion of all other terms and conditions contained in the Customer’s order. In the event of any inconsistency, Beuchat Australia will be deemed, by delivering the Products to the Customer or supplying services to the Customer, to have made an offer to the Customer to sell the Products or supply the services pursuant to these terms and conditions, which offer will be deemed to have been accepted if the Customer retains the Products or accepts the services. Beuchat Australia reserves the right to change these Terms and Conditions at any time.

10 GST
All prices listed on the Beuchat Australia website are inclusive of GST. Any consideration and all other amounts to be paid from a purchase through the Beuchat Australia online shopping store will be liable for GST. Upon checkout Beuchat Australia will issue a tax invoice showing the amount of GST applicable for the particular purchase. 

11 Jurisdiction
These terms and conditions are governed by and will be construed in accordance with the laws of Queensland and the parties agree to submit to the jurisdiction of the courts of that state.

12 No Waiver
The failure by Beuchat Australia to exercise, or any delay in exercising, any right, power or privilege available to it under these terms and conditions will not operate as a waiver thereof or preclude any other or further exercise thereof or the exercise of any other right or power.