Strata Corporation Pty Ltd t/as StrataGreen is a company supplying horticultural products.
These terms and conditions govern the use of StrataGreen’s website and online purchasing system located at www.stratagreen.com.au (Website).
These terms and conditions for the Website are in addition to StrataGreen’s standard terms and conditions of sale which can be found here.
By using the site, you agree to these terms and conditions; if you do not agree, do not use the site.
If you have questions or concerns regarding these terms and conditions, you should first contact StrataGreen on 1300 866 367 or by email at [email protected]
By using the StrataGreen website it is clearly understood by all Customers that this Website will only be used for lawful and proper purposes. The Customer is liable for and must indemnify StrataGreen against any losses incurred by reason of unlawful or improper use or Content.
Content on the Website belongs to StrataGreen. Content means but is not limited to graphics, photographs, trademarks, logos, sounds, artwork, music, design, pricing and any other data. The Content is covered by various copyright, patent and trademark laws, various other intellectual property rights and unfair competition laws. Content must not be copied, reproduced, acquired or monitored in any way whatsoever.
The display of products and prices by StrataGreen does not constitute an offer to unconditionally supply the products at displayed prices. All products and prices shown are indicative only, and are subject to product availability, price changes, postage and handling and Goods and Services Tax.
All product descriptions are either provided by the product manufacturer, or based upon information provided by the product manufacturer. As a reseller only, and to the fullest extent permitted by law, StrataGreen excludes all responsibility or liability for or arising out of any inaccurate or erroneous product description that appears on the Website.
All passwords and StrataGreen access details are confidential and may not be disclosed to any person except for those employees of the Customer for the purposes of placing orders with StrataGreen.
StrataGreen accepts no liability for security breaches, unauthorised use of the Customer’s credit card or credit account, fraud, forgery or mistaken or unauthorised orders or payments. The Customer must take all necessary steps to prevent security breaches, unauthorised use of the Customer’s credit card or credit account, fraud, forgery or mistaken or unauthorised orders or payments.
StrataGreen is not responsible for any errors or omissions contained in or on the Website. The Customer relies on the information contained in the Website at its own risk. The information in the Website is supplied on condition that any person accessing or using the information will make his or her own determination as to the accuracy and usefulness of the information.
StrataGreen reserves the right to make any changes to the information contained in the Website including changes to its product range, ordering mechanisms and ordering terms without prior notice.
StrataGreen does not sell products for purchase by children. We sell children’s products for purchase by adults. If you are under 18, you may use StrataGreen only with involvement of a parent or guardian.
StrataGreen uses the eWAY Payment Gateway for its online credit card transactions and by completing a transaction the Customer is deemed to be aware of and have accepted the terms and conditions of use of the eWAY Payment Gateway. Your complete credit card number cannot be viewed by StrataGreen or any outside party.
All transactions are performed under 128 Bit SSL Certificate.
All transaction data is encrypted for storage within eWAY’s bank-grade data centre, further protecting your credit card data.
eWAY is an authorised third party processor under these terms and conditions.
eWAY at no time holds your funds; all monies are directly transferred from your credit card to the merchant account held by StrataGreen.
For more information about eWAY and online credit card payments, please visit www.eway.com.au
The agreement and the relationship between Customers and StrataGreen shall be governed by the laws of Australia. The failure of StrataGreen to exercise or enforce any right or provision of the agreement shall not constitute a waiver of such right or provision. Customers agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of the use of the service or the agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If any dispute arises under this agreement or in connection with the service, such dispute must first be the subject of a mediation between the parties before a mediator agreed between the parties or otherwise appointed by the Institute of Arbitrators and Mediators Australia. The good faith participation in the mediation is a pre-condition of any litigation, except for applications for urgent, summary or injunctive relief.
StrataGreen is not liable for any damages whatsoever (including special, indirect, consequential, or incidental damages or damages for loss of profits, revenue, or loss of use) arising out of or relating to the Website or the information contained therein or the products it supplies whether such damages arise in contract, in tort, in equity, under statute, at law or otherwise.
This agreement constitutes the entire agreement between Customers and StrataGreen and supersedes any prior or contemporaneous agreements, statements, understandings, or representations concerning its subject matter.
If any part of this agreement is legally declared invalid or unenforceable, that part shall be severed from the remainder which will remain valid and enforceable.
‘Contract’ means the standard trading terms and conditions of sale (which applies to each and every quotation and/or order) and includes any quotation or order.
‘StrataGreen’ means Strata Corporation Pty Ltd trading as StrataGreen ABN 81 143 293 163
‘Customer’ means the entity to which StrataGreen enters into this Contract for the sale of Goods.
‘Goods’ means the goods described in the Quotation or Order and includes replacement goods.
‘Order’ means a written or verbal order from the customer to StrataGreen.
‘Quotation’ means a written or verbal quotation provided by StrataGreen to the customer.
Orders for Goods will be binding upon StrataGreen and the Customer. However, StrataGreen reserves the right to accept orders in whole or in part.
Once StrataGreen has accepted an order; the Customer may not alter or modify the order without the prior written consent of StrataGreen which shall not be unreasonably withheld.
(c) In any event changes to an order cannot be made within 7 days of delivery under any circumstances.
All prices contained in the quotation and/or order will be inclusive of GST. All prices are in Australian dollars and subject to alteration without notice. All invoices are in Australian dollars and must be settled in Australian dollars.
Prices subject to change without notice.
The minimum invoice value for free delivery in the Perth metro area is $200.00(i) excluding GST. Any invoices less than this amount will incur the current freight charge(ii).
Any invoice with a value less than $50.00(i) excluding GST will incur the current accounting fee(iii):
Subject to change without notice
Freight Charge: $15.00(i)
Accounting fee: $10.00(i)
Payment & credit terms
Unless otherwise agreed in writing the payment due date is strictly thirty days from the end of the month in which the goods are purchased.
Accounts with overdue balances will automatically have credit withdrawn until all outstanding balances are cleared. StrataGreen reserves the right to charge interest at the rate of 6% on all overdue balances calculated on a daily basis from the due date until such amount is paid.
If the Customer defaults in payment of any invoice when due, the customer will indemnify StrataGreen from and against all StrataGreen costs and disbursements including on a solicitor client basis and in addition to StrataGreen nominee’s costs of collection on any amounts outstanding.
Delivery of Goods and Risk
Delivery within the Perth metro area is free, this excludes some bulky and freight costly items.
Delivery outside the Perth metro area is at the Customer’s expense. StrataGreen will cover the cost of delivery to a nominated freight depot within the Perth Metro area, this excludes some bulky and freight costly items.
Delivery of the Goods shall be made to the agreed address. The Customer shall make all the arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
The failure of StrataGreen to deliver will not entitle the Customer to treat this Contract as cancelled.
StrataGreen will not be liable for any loss or damage whatever due to failure by StrataGreen to deliver the Goods (or any part of them) promptly or at all.
All the risk for the Goods passes to the Customer on delivery even if StrataGreen retain ownership.
Retention of Title
All Goods remain the property of StrataGreen until the Customer has paid for the Goods in full. If payment is made by cheque, payment is not deemed to have been made until the cheque has been honored.
If the Goods are on-sold by the Customer before payment to StrataGreen, the proceeds of sale will become the property of StrataGreen.
If the Goods are not paid for pursuant to clause 4, StrataGreen may give notice in writing to the Customer to return the Goods or any part of them to StrataGreen.
StrataGreen may enter the Customer’s premises without notice at any time and take possession of the Goods and without being responsible for any damage thereby caused if:
The Customer does not pay for the Goods under clause 4.
The Customer fails to return the Goods upon demand.
A trustee in bankruptcy, administrator, or receiver and manager is appointed over the Customer.
Winding-up proceedings in relation to the customer are commenced; or:
The Customer becomes bankrupt.
The Customer will inspect the Goods on delivery and will within 7 days of delivery notify StrataGreen in writing of any alleged defect, shortage in quantity, errors, omissions or failure to comply with the Order or Quotation.
The Customer will afford StrataGreen the opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way, if the Customer fails to comply with these provisions, the Goods will be deemed to be free from any defect or damage and payment will be owing under this Contract.
If StrataGreen agrees in writing that the Customer is entitled to reject the Goods because they are defective:
The Goods must have a corresponding invoice number quoted:
Freight charges incurred for the return of the Goods being returned is at the expense of the Customer, unless otherwise agreed; and:
StrataGreen’ liability is limited to either replacing or repairing the Goods at its discretion
StrataGreen does not warrant that the Goods are fit for any particular purpose or an intended use by the Customer.
If the Customer returns the Goods through no fault of StrataGreen or defect in the Goods, StrataGreen may at its absolute discretion:
Provide a credit to the value of the Goods (if the Goods are in the same condition as provided by StrataGreen); and
Levy a 15% stocking charge exclusive of GST, which may be deducted from the value of the credit.
Limitation of Liability
Subject to clause 8
StrataGreen will have no liability whatsoever for any direct or indirect losses, expenses, damages and costs incurred by the Customer caused by any breach by StrataGreen of this Contract or any negligent act or omission.
The liability of StrataGreen to the Customer in the event of any breach of this Contract or other cause of action will not exceed the price of the Goods.
Privacy Act 1998
The Customer agrees for StrataGreen to obtain from a credit reporting agency and the trade referees a credit report containing personal credit information about the Customer and any additional information required by StrataGreen.
StrataGreen may exchange information about the Customer with those trade referees named in the application form for a trading account or named in a consumer credit report issued by reporting agency to:
Assess the Customer’s application;
Notify other credit providers of a default by the Customer;
Exchange other information with other credit providers as to the status of the trading account, if the Customer is in default with other credit providers; and
Assess the credit worthiness of the Customer.
The customer consents to StrataGreen being given a commercial credit report to collect overdue payment on commercial credit (section 18K (1) h).
If any provision of these terms and conditions becomes void or unenforceable, it will be severed from this agreement without affecting the enforceability of the other provisions which will continue to have full force and effect.
These terms and conditions are governed by the laws of Western Australia and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Western Australia.
StrataGreen may terminate or vary this Contract or cancel delivery of Goods at any time before the Goods are delivered by giving written notice. StrataGreen will not be liable for any loss or damage whatever arising from termination or such cancellations.
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