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Current as of July 9, 2010 

 
 

By using the Web Site, you acknowledge that you have read and understood these Terms and Conditions, and agree to be bound by them. You should read and familiarise yourself with these Terms and Conditions prior to using the Web Site. If you do not agree with these Terms and Conditions you must immediately stop using the Web Site.

 
 

Availability
 

 

We do not represent or warrant that the Web Site will be accessible or available on a timely basis, or that access to the Web Site will be uninterrupted or error free. Nothing in these Terms and Conditions obliges us to continue operating all or any part of the Web Site. We may modify or close down the Web Site (or part of it) at any time without any liability on our part.

 
 

About These Terms And Conditions
 

 

In these Terms and Conditions "we" and "us" mean Chandru International PTY. LTD. A.B.N. 15 364 178 614 (CIPL) and/or Ultimate International; PTY. LTD. A.B.N. 72 125 569 593 (UIPL), and "you" means you the customer.

 

These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of Products. The Contract cannot be varied unless we agree to vary it in writing or by email.

 


Australian Sales Only

 

We only sell and ship Products within Australia through our website. We will not make deliveries outside of Australia at this point in time through our website, please contact us by email/phone for international orders.

 


Legal Capacity To Transact
 

 

If you are under the age eighteen (18) years you cannot place orders with UIPL.

 

By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years.

 

Should UIPL suffer any damage or other losses as a result of a transaction entered into by a minor, UIPL reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with UIPL.

 


Placing Your Order
 

 

You may place an Order by filling in the Order Form on the UIPL Web Site.

 

By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions. Information contained on the UIPL website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any Products; however UIPL will make every effort to supply Products to you. We will notify you that your order is being processed by sending you an Order Confirmation and tax invoice via email; however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. UIPL and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we cannot process or accept your Order after payment is received we will contact you by email or telephone.

 
 

Minimum Order
 

 

As a Business to Business supplier we have a minimum order quantity(carton or inners where possible) and minimum order value (currently $300.00 AUD)

 


Payment Methods And Processing 
 

 

UIPL currently accepts PayPal, BPAY, Visa, MasterCard only.

 

Payment processing will not begin until we receive all the information we need.

 

Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day.

 

Business days are Monday through Friday, excluding NSW Public holidays.

 

If a BPAY payment is not received within 7 days from the date that you receive your Order Confirmation, UIPL reserves the right to cancel the transaction.

 

For credit card and PayPal payments we will email a tax invoice to you. Where you pay by BPAY a tax invoice will be sent to you via email after your payment has been confirmed. Your tax invoice is your proof of purchase.

 

Please Note:

  • We are unable to accept credit cards issued by banks outside of Australia.
  • Debit cards and cheque cards have daily spending limits that may substantially delay the processing of your order.
  • You may be required to provide further identification for additional security reference checks.
 

Credit Account Payment Terms
 

 

All purchases made online through our credit facility (On Account), are bound by the following conditions:

  • The customer aggress to settle their account by the due date shown on their invoice
  • A late payment fee may be applied if not paid by due date
  • Payment dates are strictly from the date of invoice
  • Note that by accepting these goods, you, the Customer, agree that title in the goods which are the subject of this invoice remains with Ultimate International Pty Ltd. Title will only pass to the customer upon payment of all monies payable pursuant to this contract.
  • Where there is any inconsistency, this term supersedes all previous contracts entered into whatsoever
 
 

GST
 

 

UIPL purchases does not include GST, GST will be added to your order at the checkout page.

 


Prices
 

 

All Prices are in AUD.

 

UIPL always seeks to list Products with the most competitive prices.

 

UIPL reserves the right to change prices for Products displayed at UIPL at any time.

 

The price of products shown excludes shipping costs.

 

Shipping cost is shown separately on the product page but may be recalculated based on how many and what items you place in your shopping cart.

 


Supply Of Your Products
 

 

Subject to these Terms and Conditions, we will supply to you the Products indicated on your order.

 

When your Order items have been dispatched, we will email you to confirm shipment of each item including a tracking number for each item.

 


Delivery Of Your Products
 

 

Delivery time takes up to 10 working days from the date your payment is received. Please note that BPAY payments take 1-2 business days to process.

 

UIPL makes every effort to deliver your Product according to the estimated delivery times provided by UIPL. The estimated delivery times are in business days (Monday through Friday) excluding Public holidays.

 

Although every effort is made to ship your Order according to the estimated delivery times provided, estimated ship times may change due to changes in supply or circumstances beyond our control. If your Product has not arrived after the estimated delivery time, please contact us.

 

Unless otherwise agreed by us, we will deliver your Products to the address indicated on your Order. If no-one is available to take delivery of your Products, our carrier (Toll IPEC) will leave a card so you can call them to organize a pickup from their depot or schedule a redelivery for you product/s, please note that a redelivery charge will apply to this.

 

We will use our reasonable efforts to deliver your Products to you within the estimated delivery time indicated on your Order Confirmation; however, we do not guarantee that we will deliver within this time frame.

 
 

Title and risk of loss to all Products will pass to you on delivery.

 
 

Returning a Product
 

 

For return of goods that are defective or damaged, or where otherwise required under the NSW legislation, the Customer must give written notification to the Supplier within 7 days of delivery of the goods. 
The Supplier will respond within a reasonable period of time. The Customer must wait for an approval of a valid claim by the Supplier before returning the goods. The Customer must then return the goods within 7 days of the date of this approval notice. 
The Supplier will then replace the product. If replacement or repair is not possible within a reasonable period of time, a refund will be given to the Customer.

 
 
Warranties and Conditions

Customers have the benefit of conditions and warranties implied by the Trade Practices Act 1984. Nothing in these Terms and Conditions nor any other notices on our website is intended to exclude, restrict or modify any statutory obligation of the Supplier if it cannot lawfully be done. 
If the Supplier is liable for a breach of condition or warranty implied by Division 2 of Part V of the Trade Practices Act (not being a condition or warranty implied by SECT 69 of the Trade Practices Act) the liability of the Supplier for the breach will, subject to SECT 68A of the Trade Practices Act, be limited to one of the following as determined by the Supplier: a)replacement of relevant goods or the supply of equivalent goods or (b) payment of the cost of replacing the relevant goods or of acquiring equivalent goods. 
The Supplier will not be responsible to the Customer for any consequential damages or loss.
Subject to any legislation to the contrary: (a) representation and agreements not expressly given to the Customer by the Supplier in writing will not be binding on the Supplier as conditions, warranties or representations and any conditions, warranties and representations not so given in writing, express or implied, statutory or otherwise, whether collateral or antecedent or otherwise are expressly negated, and excluded; (b) The Supplier will not be responsible to the Customer for any injury to persons which is not caused by the direct negligence of the Supplier and the Customer must indemnify the Supplier in respect of such injury; (c) no warranty is given and no responsibility is accepted by the Supplier to ensure responsibility of the Customer and (d) the Customer acknowledges and agrees that they will not rely on the Supplier’s skill or judgment in selecting and ordering any goods from the Supplier. 
The Customer agrees to indemnify the Supplier against any claim by the Commissioner of Taxation or any officer of the Australian Taxation Office or for any liability of the Supplier relating to the goods and services tax or any other tax in force for the time being, in circumstances where the Customer claims an exemption from such taxes on the basis of an exemption declaration. 
No contractual stipulations submitted by the Customer to the Supplier shall form part of any contract arising out of acceptance by the Supplier of any of any order from the Customer. If any such stipulations are held to form part of any contract, then in the event of any inconsistency with these Terms and Conditions, these Terms and Conditions shall prevail. For more information about your rights as a consumer, see the ACCC website at www.accc.gov.au or download a free copy of the Warranties and Refunds Guide athttp://www.accc.gov.au/content/index.phtml/itemId/322947.
 
 

Our Liability
 

 

We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.

 

Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.

 


Your Data - Use And Protection
 

 

By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing your Order. By placing your Order you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other UIPL Products that may be of interest to you. If you do not agree to our using such data in order to provide you with information on other UIPL Products, you should sent us an email to remove you from our mailing list. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request.


Credit Card Fraud
 

 

Whilst UIPL employs the latest in Secure Sockets Layer (SSL) technology software for its transactions with our customers, UIPL will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorisedmanner.

 


Fraud Protection or Prevention Procedures
 

 

When you place your Order by either a Credit Card or PayPal you may be sent an email from our Fraud Prevention Officer requesting further information, such as a copy of your credit card and drivers license for identification. After verification this information will be destroyed. In this case, until your order has passed internal Fraud Prevention procedure checks your order will remain on Pending status. If you do not provide the requested information within 7 days, your order will be cancelled and your payment will be refunded back to the method in which you paid. These information requests are sent to help protect Credit Card and PayPal account holders from online Fraud.

 


General
 

 

You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of UIPL. Any unauthorised assignment shall be deemed null and void.

 

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.

 

Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.

 

UIPL reserves the right to change the Terms and Conditions of sale at any time.

 

No UIPL employee or agent has the authority to vary any of the Terms and Conditions governing any sale.

 


Force Majeure
 

 

UIPL shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of UIPL, and UIPL shall be entitled to a reasonable extension of time for the performance of such obligations.

 


Governing Law
 

These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.