Terms & Conditions
Unless otherwise agreed with DP & JL Dunoon Pty. Ltd. T/As Newcomb Sand & Soil Supplies (“NSS”) in writing, all goods and services purchased from Newcomb Sand & Soil Supplies via our website are bought subject to NSS’s terms & conditions (“T&C”) detailed below.
By placing an order via our website, accepting delivery of the goods, making payment in respect of the goods or performing any obligation under the T&C, the Customer agrees to be bound by the T&C subject only to any agreed variations in writing.
- Prices: Prices are quoted as inclusive of GST.
- Payment: The Customer must pay the full price (“Price”) stated on the Invoice without retention or set off.Goods must be paid for in full prior to delivery.
- Title to Goods: The risk of loss or damage to the Goods will pass to the Customer upon delivery, being thetime when the Goods are tipped or placed at the Delivery Address nominated by the Customer (“Delivery Address”). If the Goods are collected by the Customer, delivery is deemed to occur upon collection of the Goods from NSS.
- Delivery: The Customer must give NSS safe and adequate access to the Delivery Address during the Delivery Times. The Customer will be liable for and pay for all damage to any public or private property and every injury or wrong which may result from such access and delivery at the Delivery Address. If the NSS driver is of the view that adequate access is not available, delivery will occur at the kerbside of the Delivery Address.
- Delivery Times: The Delivery Times are estimates only. NSS is not liable for any loss, damage or delay occasioned to the Customer arising from any late delivery.
- Goods Ordered: The Customer must make their own inquires as to suitability of Goods for the intended purpose and must satisfy themselves that the correct Goods are ordered. Upon delivery, the Customer must satisfy themselves that the Goods delivered match the Goods ordered.
- Stock: NSS cannot guarantee that the Goods ordered by the Customer are in stock. If the Goods ordered are not in stock, a full refund will be provided to the Customer.
- Refund: The Customer will not be entitled to a refund where the Customer orders the incorrect Goods and where Goods delivered match the Goods ordered. A refund will only be provided to the Customer where the Goods supplied are defective.
- Liability: To the maximum extent permitted by Law, the liability of NSS is limited to: (i) the replacement or repair of the Goods; (ii) the supply of equivalent Goods; or (iii) the cost of replacing the Goods or of acquiring equivalent Goods. A full refund is limited to 100% of the Price in the case of NSS not being able to rectify any problems which arise with the Goods which cannot be attributed to the Customer. NSS offers no guarantees on the Goods nor will they be held responsible for merchantability, fitness for purpose, condition, description, assembly, manufacture or performance of Goods which have been supplied by third parties.
- Nothing in these terms and conditions excludes, restricts or modifies any right or remedy or any guarantee, term, condition, warranty, undertaking, inducement or representation, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Schedule 2 of Australian Consumer Law of the Competition and Consumer Act 2010 (Cth), which contains guarantees that protect the purchasers of Products in certain circumstances.
- Termination of Supply: NSS reserves the right to suspend or terminate the supply of Goods if the Customers fails to comply with these T&Cs.
- Severance: In the event that any clause of these T&Cs are held to be invalid, void or unenforceable for any reason, that clause shall be severed from these T&Cs and such severance shall not affect the validity or enforceability of the remaining clauses.
- Notice: NSS may, from time to time and without notice, change or add to these T&Cs. The Customer agrees that prior to placing any order, the Customer will check the current T&Cs so that they are aware of any changes or additions to them.