ABN 35 130 439 179
These Terms and any document(s) referred to in them constitute the entire agreement about Wines Uncovered supply of Products and Services to its Customers, and supersedes all prior understandings, arrangements and agreements.
1. Definitions
In these terms:
“The Customer” means the person, business or company, which is the purchaser of the Products and Services;
“Force Majeure Event” means an event or circumstance that, despite its reasonable effort, and without its fault or negligence, Wines Uncovered is unable to control and includes, without limitation, any act of God, war and other hostilities, flood, strikes, lock outs, delays in transport, breakdowns of machinery, or restrictions or prohibitions or any other acts by any government or semi-government authority;
“Products” means the products supplied to the Customer by Wines Uncovered and described in the Wines Uncovered documents;
“Sales Contract” means any sales contract entered into by the Customer and Wines Uncovered in respect of the Products and Services supplied to the Customer in which these Terms are deemed to be incorporated;
“Services” means the services supplied to the Customer by Wines Uncovered and described in Wines Uncovered documents;
“Wines Uncovered” means Wines Uncovered Business name (ABN 35 130 439 179)
2. Orders
(a) All orders for Products placed by the Customer are subject to acceptance by Wines Uncovered, and no order will be deemed to have been accepted unless an authorised representative of Wines Uncovered has confirmed such acceptance to the Customer.
(b) Wines Uncovered may reject or cancel any order placed by the Customer if there is insufficient supply of products, which prevents Wines Uncovered from being able to fulfil such an order.
(c) Unless other wise agreed in writing by an authorised representative of Wines Uncovered, the Customer may not cancel an order which has been accepted by Wines Uncovered.
(d) Wines Uncovered will not be bound by any terms attaching the Customer’s order and, unless those terms are expressly agreed by an authorised representative of Wines Uncovered, the Customer agrees that those terms are excluded.
(e) By placing any order with Wines Uncovered the Customer will be deemed to have accepted these Terms & Conditions. The Terms and Conditions relate to all subsequent orders until amended in accordance with Clause 8(a)
3. Price and Payment
(a) The Price of the Products and/or Services will be Wines Uncovered quoted price at the time the order is placed by the Customer. Wines Uncovered may change any quoted prices at any time prior to the Customer’s order being accepted by Wines Uncovered.
(b) Payment is due on the date the order is placed by the Customer
(c) Payment for the Products may be made by cash, credit card, cheque or bank transfer, or other method as agreed by Wines Uncovered.
4. Tax
Unless stated otherwise in these Terms (or in writing by Wines Uncovered’s authorised representative), all prices quoted for Products or Services are inclusive of all GST and Wine Equalisation tax.
5. Delivery and Storage
(a) For deliveries of Products to the Customer, a delivery price will be quoted and must be agreed by the Customer before inclusion in the final cost of the Products.
(b) Delivery of all the Products will be to the Customer unless otherwise agreed by an authorised representative of Wines Uncovered in writing.
(c) Delivery times advised to the Customer are estimates only and Wines Uncovered will not be liable for any loss, damage or delay suffered or incurred by the Customer arising from late or non-delivery of the Products.
(d) The Customer realises that Wines Uncovered may sub-contract the performance of the whole or any part of these terms in its discretion.
6. Title
Title in the Products will not pass to the Customer until all monies due in respect of the Products (and any other products or services supplied by Wines Uncovered) have been paid in full.
7. Warranty and Liability
(a) To the full extent permitted by law, Wines Uncovered expressly excludes all warranties, conditions and representations, whether express or implied, in relation to the Products and Services. The Customer acknowledges that the nature of the products is such that Wines Uncovered is not able to determine the drinkability of any item of Product, and that the Product may spoil or otherwise deteriorate (or may have already done so). To the full extent permitted by law, Wines Uncovered will not be liable for variation in the quality of the Products.
(b) Certain legislation may imply warranties or conditions or impose obligations upon Wines Uncovered which cannot be excluded, restricted or modified, or cannot be excluded, restricted or modified except to a limited extent. These Terms must be read subject to those statutory provisions.
(c) To the full extent permitted by law, the liability of Wines Uncovered for all actions and claims arising in connection with the supply of Products and Services is limited to the amount paid by The Customer to Wines Uncovered in respect to the product or Service to which the action or claim relates. Wines Uncovered will not be liable to the Customer or any other person under circumstances on account of any claim (whether based upon the principle of contract, warranty, negligence or other tort, breach of statutory duty, principle of indemnity or otherwise) for any loss of use, consumption, profit, revenue, interest or goodwill, or for any injury or death of any person, or for the any indirect, incidental, special or consequential damages suffered or incurred by the Customer or any other person, even if Wines Uncovered has been advised of the possibility of such losses or damages.
(d) If any Product ordered from Wines Uncovered becomes subsequently unavailable for any reason, Wines Uncovered will, where possible, offer the Customer an alternative product of equivalent value. If no such alternative product is available or the Customer does not wish to accept the offer of alternative product, Wines Uncovered will within a reasonable period, refund all monies paid by the Customer in respect of the Product ordered.
8. General
(a) Wines Uncovered may amend these Terms at any time by giving the Customer 30 days notice by mail, e-mail or by posting a notice on Wines Uncovered public website. By continuing to place ordered for Products and Services, the Customer will be deemed to have accepted the revised Terms.
(b) Any provision of these Terms, which is invalid or unenforceable, will be read down to the extent necessary, and the remaining provisions will continue unaffected.
(c) If Wines Uncovered performance of any of its obligations under these Terms or any relevant Sales Contract is prevented, restricted or affected by a Force Majeure Event, Wines uncovered will be excused from its obligations and will be relieved of any liability under these Terms for any breach or non-performance of any of its obligations.
(d) The Customer may not assign or attempt to assign any of its rights and obligations under these Terms.
(e) Any provision of these Terms or of any relevant Sales Contract, which is capable of having effect after their expiry or termination, will survive and remain in full force and effect.
(f) No variation, addition or waiver of any of these terms will be binding on Wines Uncovered unless in writing signed by an authorised representative of Wines Uncovered.
(g) The laws are governed by the laws of the State of New South Wales.
Version : March 2004
