Terms & Conditions
Website terms and conditions of sale of products
1. ABOUT THESE TERMS
1.1 These terms and conditions together with your Order constitute the entire Contract between us and you for the supply of Products. No other terms and conditions will apply. The Contract cannot be varied unless Keylar Shelving (Qld) Pty Ltd and the Customer agree to vary it in writing or by email.
1.2 Words spelt with initial capital letters are defined terms which, for your ease of reference, are set out below.
"Australian Consumer Law" means the law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any corresponding provisions of state or territory fair trading legislation or the Australian Securities and Investments Commission Act 2001 (Cth).
"Contract" means these terms and conditions together with the Customer’s Order.
"Customer" means any party who purchases Products from Keylar Shelving (Qld) Pty Ltd.
"Keylar Shelving (Qld) Pty Ltd" means Keylar Shelving (Qld) Pty Ltd (Australia) Pty Ltd ABN 35 154 510 657 and its successors, transferees or related companies.
"Keylar Shelving (Qld) Pty Ltd Web Site" means our web site for customers in Australia located at http://www.keylar.com.au/
"Non-excludable Rights" means rights under the Australian Consumer Law or other rights the Customer may have in relation to the supply of the Products that cannot lawfully be excluded by Keylar Shelving (Qld) Pty Ltd.
"Order" means an order placed by the Customer in accordance with these terms and conditions.
"Product" means any product listed on the Keylar Shelving (Qld) Pty Ltd Web Site which Keylar Shelving (Qld) Pty Ltd agrees to supply to the Customer on these terms and conditions.
2. ORDERS AND PRICING
2.1 By placing an Order, the Customer makes an offer to Keylar Shelving (Qld) Pty Ltd to purchase the Products selected on these terms and conditions. Keylar Shelving (Qld) Pty Ltd may or may not accept the offer at its discretion. If the Order is accepted, Keylar Shelving (Qld) Pty Ltd will notify its acceptance by issuing an invoice.
2.2 All sales of Products are made at the price for that Product shown on the Keylar Shelving (Qld) Pty Ltd Web Site at the time of Order unless otherwise agreed in writing. Prices on the Keylar Shelving (Qld) Pty Ltd Web Site do not include delivery, which will be separately charged.
2.3 Except where express provision is made to the contrary, and subject to this clause, the price of Products listed or payable is inclusive of GST, unless otherwise indicated
2.4 All Orders, once accepted, are final. No Order may be cancelled except with Keylar Shelving (Qld) Pty Ltd’s written consent and on terms which will indemnify Keylar Shelving (Qld) Pty Ltd against all losses. The Customer acknowledges that the extent to which an Order can be modified or cancelled, if at all, will depend on the type of product and the stage that the Order has reached in Keylar Shelving (Qld) Pty Ltd’s system.
3.1 Payment for all Orders must be made by the Customer by direct deposit, cheque or credit card and payment must be cleared prior to being couriered. Payment may be processed by an agent appointed by Keylar Shelving (Qld) Pty Ltd.
3.2 The Customer undertakes that all details provided to Keylar Shelving (Qld) Pty Ltd for the purpose of ordering or purchasing Products or services are correct, that the credit or debit card used belongs to the Customer and that there are sufficient funds to cover the cost of the Products or services ordered.
4.1 Keylar Shelving (Qld) Pty Ltd may subcontract the fulfillment of any Order to any of its franchisees or other fulfillment partner.
4.2 The Customer may elect to have the Products delivered or pick-up the Products.
4.3 If the Customer elects to have the Products delivered, Keylar Shelving (Qld) Pty Ltd will arrange for delivery by a carrier. Delivery charges and insurance (if requested) for this are payable by the Customer. Where the delivery charges are able to be calculated on the Keylar Shelving (Qld) Pty Ltd Web Site, the charge for delivery will be the amount so quoted. Where the delivery charges are not able to be calculated on the Keylar Shelving (Qld) Pty Ltd Web Site, the delivery charges will be calculated by Keylar Shelving (Qld) Pty Ltd and the Customer notified via in writing or email.
4.4 If the Customer elects to pick up the Products, they can be picked up from Keylar Shelving (Qld) Pty Ltd from 7.30am to 3.30pm Monday to Friday.
4.5 Subject to any Non-excludable Rights:
(a) any estimated delivery times are estimates only and Keylar Shelving (Qld) Pty Ltd is not liable for any delay in delivery; and
(b) Keylar Shelving (Qld) Pty Ltd shall not be liable for any losses, damages or expenses sustained by the Customer or any other person in consequence of delay in delivery or collection of the Products or completion of work for any reason whatsoever. If such delivery or collection or completion is delayed at the request of the Customer or owing to the Customer’s inability to accept the Products for any reason or owing to some other cause beyond the control of Keylar Shelving (Qld) Pty Ltd, where Keylar Shelving (Qld) Pty Ltd is able to deliver same or carry out such work, then the Customer shall be liable for extra charges, losses or expenses incurred by Keylar Shelving (Qld) Pty Ltd.
5. TITLE AND RISK
5.1 Products supplied by Keylar Shelving (Qld) Pty Ltd to the Customer are supplied on an ex-warehouse basis. Title and risk in the Products transfers to the Customer immediately upon being delivered to the Customer or carrier.
6. EXCLUSIONS AND LIMITATIONS
6.1 Subject to clause 6.2, Keylar Shelving (Qld) Pty Ltd does not make any guarantee, condition or warranty as to materials, workmanship or performance of the Products.
6.2 With the exception of Non-excludable Rights, and notwithstanding any other provision of these Terms and Conditions, the liability of Keylar Shelving (Qld) Pty Ltd to the Customer, whether arising under or in connection with these Terms and Conditions or the performance or non-performance thereof or anything incidental thereto, and whether by way of indemnity, by statute (to the extent that it is possible to exclude such liability), in tort (for negligence or otherwise), or on any other basis in law or equity is hereby limited and excluded as follows:
(a) Keylar Shelving (Qld) Pty Ltd shall not have any liability whatsoever to the Customer for the loss of use, production, profit, revenue, business, data, contract or anticipated saving, or for any financing costs or increase in operating costs or any economic loss or for any special, indirect or consequential loss or damage; and
(b) the total aggregate liability of Keylar Shelving (Qld) Pty Ltd is at all times limited to the amount equal to the purchase price of the Products.
6.3 To the maximum extent permitted by law, Keylar Shelving (Qld) Pty Ltd’s liability pursuant to:
(a) any warranty, term or condition implied in these Terms and Conditions; and
(b) any Non-excludable Right (including, for the avoidance of doubt, section 274 of the Australian Consumer Law or any similar or successor provision),
shall be limited, at Keylar Shelving (Qld) Pty Ltd’s option, to repair or replacement of the Products or the cost of repairing or replacing the Products.
6.4 Any advice, recommendation, information or representation provided by Keylar Shelving (Qld) Pty Ltd as to the quality or performance of the Products or their suitability for a particular purpose or otherwise in relation to the Products is given in good faith but without any liability or responsibility on the part of Keylar Shelving (Qld) Pty Ltd. The Customer acknowledges that it has not relied upon or been induced by any representation by Keylar Shelving (Qld) Pty Ltd.
7.1 The Customer indemnifies Keylar Shelving (Qld) Pty Ltd and its agents, regardless of any negligence on the part Keylar Shelving (Qld) Pty Ltd, on a full indemnity basis, from and against any costs, liability, damage, loss, expense or demand arising directly or indirectly from:
(a) breach of these terms and conditions by the Customer;
(b) any false, misleading or deceptive representation or statement made by the Customer in respect of the Products to any person.
8. INSTALLATION & ASSEMBLY
8.1 Products sold by Keylar Shelving (Qld) Pty Ltd do not include installation or assembly, unless otherwise stated. If a Customer requires installation or assembly services with respect to the Products it should notify Keylar Shelving (Qld) Pty Ltd and Keylar Shelving (Qld) Pty Ltd may, in its discretion, provide such services (or appoint an agent to provide such services) on terms to be agreed (including as to price) with the Customer.
9. SAFETY AND STANDARDS
9.1 The Customer agrees that:
(a) the Customer has received adequate information regarding the Products to ensure their safe use, handling, assembly, installation and storage;
(b) the Customer will ensure that the Products are properly used, in accordance with any instructions provided as to use, handling, assembly, installation and storage; and
(c) where the Products include steel storage Racking the Customer shall operate and maintain the storage racking in accordance with the requirements of Australian Standard AS 4084-1993 including any amendments made to that Standard.
10.1 The Customer agrees that all contracts made with Keylar Shelving (Qld) Pty Ltd for the supply of Products shall be deemed to be made in Queensland and the Customer agrees to submit to the jurisdiction of that State.
10.2 If any term or condition is void or unenforceable, it shall be read down so as to be enforceable or, if it cannot be so read down, it shall be severed from these terms and conditions without affecting the enforceability of the remaining terms or conditions.
10.3 If a party is prevented from or delayed in complying with an obligation (other than to pay money) by an event beyond its reasonable control, performance by it of that obligation is suspended during the time, but only to the extent that, compliance is prevented or delayed.
Keylar Shelving (Qld) Pty Ltd where agreed will deliver products Australia wide to the premise door, excluding any steps/staircases using a number of different couriers and freight forwarders. Courier costs are calculated on the size and weight of the product and the location goods are being delivered to at the time the customer places the order. Orders will be dispatched within 10 days. Courier times are estimated between 3-5 business days depending on the location. Insurance for the goods will need to be made by the purchaser with the Courier company directly. Presently Keylar Shelving (Qld) Pty Ltd will only courier goods within Australia. Please contact us directly for international orders.
Otherwise, all transport arrangements are to be made at the customers selection and expense.
Customer Service Policy
Keylar Shelving (Qld) Pty Ltd is known for quality and service. Our in store services extend to our online store. We endeavour to ensure all products listed on our website are in stock and that all details provided are true and correct. Standard delivery time frames are between 10 to 14 business days. If the item you have ordered is out of stock or we are unable to fulfill your order we will notify you within 48 hours of receiving the order to arrange an agreeable alternative delivery date, item or refund.