Terms & Conditions
SHRIRO AUSTRALIA PTY LIMITED
(Hereinafter referred to as ‘SHRIRO’ or ‘the company’)
Terms and Conditions of Sale
Unless otherwise agreed in writing signed on behalf of SHRIRO all goods and services ordered by a Customer from SHRIRO shall be supplied in accordance with SHRIRO’s conditions of sale.
These Conditions shall apply to all orders for product/s placed by the Customer with SHRIRO to the exclusion of all other terms or conditions unless otherwise expressly agreed in writing. If the terms of the Customer’s order are inconsistent with these Conditions, the delivery of the goods to the Customer, or as the Customer directs, shall constitute an offer by SHRIRO to sell the goods to the Customer pursuant to these conditions, which the Customer shall be deemed to accept by taking delivery of the goods.
1.1 The price of goods and/ or services shall be the price specified in the order confirmation.
2.1 Orders must be paid in full at the time of the order, regardless of anticipated delivery dates.
3. CANCELLATION FEE
3.1 If the Customer cancels the order, all monies received will be refunded.
4.1 SHRIRO will deliver the product/s to the location specified on the order. SHRIRO retains the right to refuse to deliver product/s to regions outside of the metropolitan regions of the state capitals. If the requested delivery location on the order is outside the metropolitan areas of the state capitals, SHRIRO may notify the Customer of the location at which the product/s are made available for collection or, at its sole discretion, elect to deliver the product/s to a location beyond those metropolitan regions, or not accept the order.
4.2 The delivery date will be the date specified in the order, or such delivery date mutually agreed between SHRIRO and the Customer (“delivery time”). SHRIRO will use reasonable commercial endeavours to deliver the product/s on or around the agreed date. If SHRIRO is unable to deliver the product/s, it will use reasonable commercial endeavours to do so within a reasonable period after the delivery date.
4.3 SHRIRO will endeavour to deliver all orders promptly, but will not be liable in respect of any delay occurring in the supply of goods and/ or services. SHRIRO shall not be liable for indirect or consequential loss or any loss to Customer due to the delay.
4.4 Subject to clause 7 (“Warranty”) and applicable consumer protection legislation, if the Customer accepts delivery or collects the product/s and subsequently changes their mind about the product/s, SHRIRO may in its discretion, agree to:
i. accept return of the relevant product/s from the Customer; and/or
ii. provide replacement product/s to the Customer
4.5 If the Customer:
i. fails to accept delivery of the product/s, or
ii. fails to accept delivery of the product/s within 20 days after SHRIRO notifies the Customer that they are ready for delivery
iii. fails to collect the product/s within 20 days after SHRIRO notifies the Customer that they are ready for collection
SHRIRO may give the Customer 5 business days notice before termination of this agreement. If the Customer fails to collect or accept delivery within the notice period, this agreement is terminated on expiry of the notice period.
4.6 Upon delivery, the Customer agrees to accept any request from the party completing the delivery to unpack the Product for the purpose of visual inspection to determine whether there has been any damage to the Product during transit. Should the Proof of Delivery (POD) be signed, failure to agree to such request will be deemed such that the delivery has been made in full and without damage and the Customer will have no claim on SHRIRO should the Customer notify SHRIRO after delivery of damage, incorrect quantities or Products.
4.7 The Customer acknowledges that by signing the POD presented at the time of delivery, they are confirming receipt of the Products and quantities stated on the delivery docket in full and without damage. The customer agrees that it will not sign for the delivery, and will request the product be returned with the carrier should they identify any product damage or differences in quantities or Products between the delivery docket and the physical delivery.
5. PRODUCT SUPERSEDED
5.1 If the model of the product/s is discontinued or superseded and not available for delivery on the delivery date, SHRIRO will notify the
Customer as soon as practicable prior to the delivery date that:
i. SHRIRO is prepared to instead supply a model of equivalent or superior standard, and specify the model and any addition to the price for the model change. Should the Customer accept, the product/s and price will be varied as per SHRIRO’s offer. If the offer is rejected, the agreement will be terminated, and no penalties shall apply.
ii. there is no equivalent model available and this agreement is therefore terminated. No penalties will be applied under such circumstances.
iii. in the circumstances outlined in 5 i) and ii), all money already paid by the customer will be fully refunded.
6. OWNERSHIP AND RISK
6.1 The risk in the goods shall pass to the Customer on delivery. Notwithstanding, until all monies owing by the Customer to SHRIRO have been paid in full:
i. Property in the goods remains with SHRIRO and the Customer agrees to hold the goods as bailee for SHRIRO;
ii. SHRIRO may at any time terminate any contract relating to the goods and the bailment without notice to Customer and may thereupon take possession of the goods
iii. Customer authorises SHRIRO by its servants or agents to enter any premises owned, leased or otherwise occupied by Customer for the purpose of taking possession of the goods and authorises SHRIRO by its servants or agents to use all reasonable force to obtain such possession.
7.1 SHRIRO products come with guarantees that cannot be excluded under the Australian Consumer Law. Customers are entitled to a replacement or refund for a major failure and for compensation for any reasonable foreseeable loss or damage. Customers are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to major failure.
7.2 The warranty terms and conditions are stipulated on the warranty card provided with the product/s and should be referred to before making a warranty claim.
7.3 While SHRIRO will use reasonable commercial endeavours to have the necessary spare parts available for the purpose of repair or service, SHRIRO will not be liable for delays due to sourcing of parts which are required, or due to circumstances beyond the control of SHRIRO.
7.4 For warranty or spare parts enquiries, please email: firstname.lastname@example.org.
8. CUSTOMER SERVICE
8.1 Customer service is important to SHRIRO, and we encourage Customers to contact us in the unlikely scenario that service levels or product expectations are not met. Please contact our Customer service team via one of the following methods:
Phone: 1300 768 112
10. GOVERNING LAW
10.1 This agreement is subject to the laws of the state of New South Wales, Australia and the parties submit to the exclusive jurisdiction of the Courts of that State.
‘Customer’ means the person, persons or entity whose name and address appears on the order. ‘Order’ means the order provided by the Customer to SHRIRO outlining the product/s purchased. ‘Product/s’ refer to the SHRIRO item codes referred to in the order. ‘SHRIRO’ refers to Shriro Australia Pty Ltd of 104 Vanessa St Kingsgrove NSW 2208 ACN 002 386 129 ABN 28 002 386 129.