ACL means the Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth) and its associated Regulations, as amended.
Consumer has the meaning given to that term in the ACL.
Contract means any contract entered into for the provision of goods by Nitto to the Customer.
Customer means an individual or end/user, jointly and severally if more than one, purchasing the goods from Nitto. Wholesalers or retailers cannot purchase Goods through the Site.
Goods means all goods supplied by Nitto to the Customer, or ordered by Customer but not yet supplied.
GST means the Goods and Services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended.
Nitto means Nitto Denko (Australia) Pty Ltd, ABN 69 002 483 945 and its associated and related entities.
Site means the website www.shopnittoaus.com
Terms means these Terms and Conditions of Sale.
Price means the cost of the Goods as referred to in Nitto’s price lists, prepared quotes and/or specific arrangements with the Customer and are subject to change from time to time without notice.
These Terms shall be construed in accordance with laws of the State of Victoria and, where applicable the Commonwealth of Australia and Customer submits to the non-exclusive jurisdiction of the courts of Victoria, the Federal Court of Australia, and of courts entitled to hear appeals from those courts.
3. Basis of Contract and Ordering
(a) These Terms apply exclusively to every Contract and cannot be varied or replaced by any other terms.
(b) Customers must place all orders to Nitto on the Site.
(c) Any quotation, displayed price, order list or order confirmation provided by Nitto to the Customer concerning the proposed supply of goods is an invitation to treat only, and is subject to the Customer placing an order which is the Customer’s offer to enter into a Contract with Nitto on these Terms.
(d) A Contract is formed when Nitto confirms its acceptance of the Customer’s order and receipt of the Customer’s payment.
(e) Nitto in its absolute discretion may refuse to accept any order.
(f) Nitto may vary or amend these Terms by notice written notice to the Customer at any time. Any variations or amendments will apply to orders made by the Customer after the date of notice
4. Pricing and Payment
(a) Prices displayed for the supply of goods includes GST, but does not include freight charges, and any other taxes or duties imposed on or in relation to the goods.
(b) The Price of the Goods shall be set out in Nitto’s price list current at the date of placement of the order on the Site.
(c) Nitto reserves the right by written notice to the Customer at any time prior to delivery to reasonably increase the price of the Goods to reflect any increased costs incurred by Nitto for the supply of the Goods.
(d) Payment for the Goods must be made strictly by credit card/PayPal immediately upon confirmation of Customer’s order. Goods will not be despatched until full payment has been confirmed.
(e) Goods displayed on the Site are subject to availability. If any Goods are not available, Nitto will inform the Customer within 5 days. In the case of non-availability of the Goods:
(i) the Customer may request the provision of substitute or similar Goods; or
(ii) the Customer may cancel the order; and
(iii) Nitto will make the appropriate adjustment to, or refund of, the Price.
5. Coupons and Gift Vouchers
(a) From time to time, the Customer may be eligible for coupons or gift vouchers relating to the Goods on the Site.
(b) Coupons may only be redeemed on the Site and are not redeemable for cash. The Customer must enter the Coupon during the ordering process in order to redeem the Coupon.
(c) Nitto reserves the right to vary or terminate any Coupon program at any time. Any special conditions from time to time relating the redemption of Coupons will be displayed on the Site.
6. Risk and Title
(a) Property in, and title to, the Goods passes to the Customer upon payment in full in accordance with clause 4.
(b) The risk in the Goods and all insurance responsibility for theft, damage or otherwise will pass to the Customer immediately on the Goods being dispatched from Nitto’s premises.
(c) The Customer assumes all risk and liability for loss, damage or injury to persons, including the Customer, or to your property or the property of third parties, arising out of the Customer’s use or possession of the Goods, unless recoverable from Nitto on the failure of any applicable statutory guarantee under the ACL.
(a) Nitto will arrange for the delivery of Goods to the Customer to its nominated delivery address within Australia. The Customer will be responsible for all costs associated with delivery, including postage or courier delivery, insurance and other charges arising from the point of dispatch of the Goods to the point of delivery.
(b) Nitto will designate the method of delivery for the Goods. If the Customer requires a more costly method of delivery, the Customer must reimburse Nitto for the extra cost involved.
(c) Nitto will use reasonable endeavours to deliver Goods to the Customer in accordance with the estimate delivery times stated in any Contract. However, time will not be of the essence and, subject to the ACL, Nitto will not be liable to Customer if delivery is not on time.
(d) Nitto is not liable for any loss/damage, including consequential loss/damage, arising from delay in delivery or failure to deliver Goods, either whole or in part, due to circumstances beyond its control.
(e) If Nitto cannot deliver the Goods by an estimated delivery date, it will complete delivery within a reasonable time.
(f) A postage receipt, courier docket or driver’s manifest directly delivery to the address nominated by the Customer will be proof of delivery of the Goods.
(g) The Customer may be required to provide photo identification at the time of delivery of the Goods.
(h) The Customer indemnifies Nitto against any loss or damage suffered by Nitto as a result of delivery, except where caused by Nitto’s negligence of where the Customer is a consumer and Nitto has not used due care and skill.
8. Inspection of Deliveries and Returns
(a) The Customer must:
(i) inspect the Goods upon delivery and must, within 72 hours of delivery in the case of defects or short deliveries, and within 7 days of despatch in the case of non-delivery, notify Nitto of any transit damage, short deliveries or any failure to fulfil any quotation or order; and
(ii) within a reasonable time following the giving of a notice under clause 8(a)(i), grant Nitto access to the Goods in order to inspect for any alleged damage or failure.
(b) If the Customer fails to notify Nitto within the specified period then the Goods are deemed to be in compliance with the order and free from any damage whatsoever.
9. Warranty and Returns
(a) Goods provided by Nitto may be subject to specific warranty terms, limitations and exclusions:
(i) that are supplied with the Goods; and
(ii) that are available from Nitto upon request.
(b) Unless a fault is established in the Goods, Nitto will not accept the return of any Goods once ordered.
(c) Nitto will replace any Goods that arrive at their destination in a faulty or damaged condition. Notification of faulty or damaged products must be received by Nitto customer service department in accordance with clause
8. Under these circumstances, Nitto will provide instructions on how to return the Goods in an appropriate manner. These details can be obtained either by telephone on 03 9799 3100 or by email to email@example.com.
(d) Nitto will replace any undamaged item within 30 days of purchase so long as the Goods are returned in their original condition including unopened and unmarked packaging, and accompanied by proof of purchase in the form of an original tax invoice/receipt and/or packing slip.
(e) Any products returned are at the Customer’s own cost and risk.
(f) Delivery and handling charges on returns are not refundable for incorrect choice or change of mind.
10. Limitation of Liability
(a) Except as these Terms specially state, or as contained in any warranty statement provided in relation to the Goods, the Contract does not include by implication any other term, condition or warranty in respect to the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Goods or any contractual remedy for their failure.
(b) Any drawings or written or verbal descriptions of the Goods are general in nature, and actual Goods may vary slightly from such descriptions. These descriptions are not warranties in relation to the Goods or their connection and the Customer may not, subject to the ACL, rely on these descriptions or claim against Nitto if Goods do not meet descriptions.
(c) If the Customer is a consumer, nothing in these Terms restricts, limits or modifies your rights or remedies against Nitto for failure of a statutory guarantee under the ACL.
(d) Nitto is not liable for any indirect or consequential losses or expenses suffered by the Customer or any third party howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party, except to the extent of any liability imposed by the ACL.
(e) Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods which cannot be so excluded, restricted or modified.
The Customer acknowledges that it has:
(a) not relied on any service involving skill and judgment, or on any advice, recommendation, information or assistance provided by Nitto in relation to the Goods or their use or application; and
(b) the sole responsibility of satisfying itself that the Goods are suitable for the Customer's use.
(a) Where Nitto is unable to effect delivery or provide the Goods, it may, where reasonably necessary, amend an order or cancel the delivery of Goods at any time before delivery by giving notice to the Customer by any means. If Nitto amends an order, the Customer may without penalty cancel the order by written notice to Nitto within 7 days of such amendment.
(b) Nitto is not liable for any loss or damage, including consequential loss or damage, arising from such cancellation, except to the extent that Nitto causes or contributes to such loss or damage, subject to any liability imposed under the ACL.
(c) In the event that the Customer cancels delivery of Goods (except where such cancellation is made in accordance with clause 4(e) or follows an amendment by Nitto pursuant to clause 12(a)), the Customer is liable for any costs incurred by Nitto up to the time of the cancellation including, but not limited to, any re-stocking fees incurred.
The Customer indemnifies Nitto in respect of any loss, injury, expense or claim arising out of the supply by Nitto of the Goods, or their storage, installation, use, operation or maintenance, except to the extent that such loss, injury, expense or claim is caused by the negligence of Nitto or its servants/agents/ subcontractors.
14. Special Conditions
In addition to the Terms certain Goods are subject to special conditions which are set out in catalogues, price lists or advised from time to time (Special Conditions). To the extent that here is an inconsistency between these Terms and any Special Conditions, the Special Conditions will prevail.
(a) Nitto accepts no responsibility for changes in any law which may affect supply, but will take all necessary steps to ensure compliance with all applicable laws.
(b) Nitto’s failure to enforce any of these Terms shall not be construed as a waiver of any of Nitto’s rights.
(c) Neither party will be liable for any breach of these Terms or any provision of any Contract if such breach arises from an act of God, natural disaster, terrorism, war or any other, specified or un-specified, occurrence beyond the control of either party.
(d) The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of the remaining provisions.