Terms and Conditions of Sale of Materials
1. Orders and Acceptance
1.1 All orders to buy Materials (“Orders”) are accepted and Materials supplied subject to these Terms. By making an Order, you acknowledge that you have read and agree to these Terms.
1.2 Receipt by Montessori Materials of an Order does not constitute Montessori Materials’ acceptance of the Order. Montessori Materials may decline an order in its discretion. All Orders are subject to the availability of sufficient quantities of the Materials ordered.
1.3 Montessori Materials will notify acceptance of an Order in writing (usually by email). On acceptance, a contract for the sale and purchase of the Materials the subject of the accepted Order will be made between (1) Montessori Materials and (2) you or the person on whose behalf you submitted the Order, as the case requires.
1.4 All photographs, descriptions and particulars of dimensions shown on this Website are approximate only and any variance or difference in the Materials sold does not vitiate any Contract or form grounds for any claim against Montessori Materials.
1.5 The terms of the Contract are wholly contained in these Terms and in the Order form.
2. Price and Payment
2.1 The prices stated in this Website and an Order are in Australian Dollars, and, unless otherwise specified, do not include delivery charges (see clauses 3 and 4) or taxes (such as GST or VAT) attributable to the sale or the supply of the Materials (whether imposed on or invoiced to Montessori Materials or you). You must pay all taxes and delivery charges in respect of each Order.
2.2 Prices indicated in this Website are subject to alteration by Montessori Materials without notice, except in respect of an Order accepted before the change comes into effect.
2.3 You must pay each Invoice (in the manner set out in the Order) within 30 days after the date the Invoice and packing list for the Materials is sent to you. If payment is not received by that time, Montessori Materials may terminate the contract for sale and cancel the Order.
2.4 If Montessori Materials provides Materials on credit, then interest is payable on all overdue accounts calculated on a daily basis at the rate of one per cent (1%) per month as from the date due for payment until payment is received by Montessori Materials.
3. Packing and Shipping
3.1 Montessori Materials will exercise reasonable care in the packing of the Materials to protect the contents from damage assuming normal handling.
3.2 Montessori Materials must deliver the Materials in a shipment to an Australia Post office (or other agreed carrier) for delivery to the address specified in the Order. Montessori Materials’ obligations in this regard are fulfilled on delivery to an Australia Post office (or such other agreed carrier), with the package or packages correctly addressed and the correct postage or other carriage charges paid.
3.3 Montessori Materials must at the time of shipment of an Order provide to you a packing list of the Materials in the shipment (unless the Materials are listed in the invoice).
3.4 No Contract may be cancelled, modified or deferred by you without Montessori Materials’ prior written consent (at its sole discretion). You must indemnify Montessori Materials against all losses suffered by Montessori Materials as a result of such cancellation.
4. Delivery, Title and Risk
4.1 All Materials delivered to you remain legally and beneficially the property of Montessori Materials until Montessori Materials receives payment in full of the purchase price for those Materials. At that time, title to the Materials passes to you.
4.2 Despite clause 4.1 above, risk of loss of or damage to the Materials passes to you on delivery of the Materials to an Australia Post office (or other agreed carrier), so that you will not be entitled to a refund of price paid if loss of or damage to the Materials occurs after that time (otherwise than in a case to which clause 5 applies).
4.3 If the Materials are to be delivered to a place in a country outside Australia, then you are solely responsible at your expense for clearing customs and paying any customs duties levied on the Materials at the point of delivery. Montessori Materials makes no representation that the Materials may be imported into that country.
4.4 You must submit to Montessori Materials any claim for inaccuracies, defective Materials, short supply, faulty workmanship or failure to supply Materials within 10 days after delivery of the Materials. If you do not do so within that period, you are deemed to have accepted the Materials in conformity with the relevant Order in good order and condition.
4.5 Montessori Materials is not responsible to you for any loss or damage to Materials in transit, however caused or occasioned, unless Montessori Materials has not complied with its obligations under clause 3.1.
5. Warranties and Limitation of Liability
5.1 You have warranties under the Australian Consumer Law which may not be excluded or limited. This clause 5.1 applies despite any other provision of this clause 5.
5.2 You acknowledge that certain of the Materials or components of the Materials are pre-used. Such Materials or components are provided “as is” without warranties of any kind, including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property.
5.3 You further acknowledge that certain of the Materials or components of the Materials, although new, have been manufactured or processed by a third party. In such event, Montessori Materials does not warrant to you that Montessori Materials will be entitled to assign to you the guarantee or warranty (if any) of the manufacturer of those Materials or components, or that you will have any rights against the manufacturer of those Materials or components.
5.4 Montessori Materials warrants that all Materials sold and delivered in accordance with these Terms will:
(a) be made or assembled and packaged by Montessori Materials;
(b) conform to specifications and descriptions in this Website (except where otherwise agreed);
(c) be of merchantable quality, of good workmanship and material, and fit for the purpose for which it is intended; and
(d) be free from defects.
5.5 Except for the warranties under clauses 5.1 and 5.3, all conditions, warranties, representations and liability, whether express or implied, and whether arising under statute or the general law, are excluded.
5.6 To the extent permitted by law, Montessori Materials’ liability for any loss relating to the sale and supply of Materials is limited to repairing or replacing the relevant Materials (as determined by Montessori Materials in its discretion).
5.7 In no event will Montessori Materials be liable to you for any indirect or consequential loss in connection with the supply or the failure to supply Materials or any defect in or shortfall in Materials supplied.
6.1 Each Contract is deemed to have been made in New South Wales, Australia, and is to be construed in accordance with the law of that State.
6.2 Montessori Materials may vary these Terms at any time without notice to you, but no such variation applies in respect of any Order which has been accepted by Montessori Materials prior to the time at which the variation has been notified to you. For this purpose, a variation is taken to be notified to you when it is actually notified to you or when these Terms as varied are published on this Website.
6.3 No amendment, alteration, waiver or cancellation of any of these Terms is binding on Montessori Materials unless confirmed by Montessori Materials in writing.
6.4 Montessori Materials will not be liable for any loss of or failure to deliver or damage to or delay in delivery of Materials comprised in an Order due to any circumstance, matter or thing beyond Montessori Materials’ reasonable control (including but not limited to failure by Australia Post, transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention or public authority, explosion or accident).
7.1 In these Terms, except where the context otherwise indicates:
Contract means a contract for the sale and purchase of Materials on these Terms;
Invoice means the invoice (which may be a tax invoice) issued by Montessori Materials to you in respect of the Materials comprised in an Order;
Materials means any of the materials or products supplied by Montessori Materials in accordance with a Contract;
Montessori Materials means Woodlands Road Pty Limited ACN 125 613 014, trading as “Montessori Materials”;
Order means an order or request made by you to purchase Materials from Montessori Materials in accordance with these Terms;
these Terms means these Terms and Conditions of Sale as in force from time to time;
this Website means the internet website with the internet address www.montessorimaterials.com.au, and includes the intellectual property contained in or displayed on that website; and
you means (and your refers to) the person named as the purchaser in an Order.
7.2 If there are two or more such persons named as the purchaser in an Order, these Terms bind them jointly and each of them separately.
7.3 Headings in these Terms are to be ignored in the interpretation of these Terms.
In addition, if you order Materials through this Website, your order will be subject to the terms and conditions set out in the “Terms of Sale” page (the Terms of Sale).
This Website may provide links to other websites operated by independent third parties. Those websites are not affiliated with Montessori Materials in any way. Montessori Materials does not control or endorse and is not responsible for the contents of these linked third-party websites, and, if it provides hyperlinks to other websites, it does so for your convenience only.
Third party information and material
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