Interpretation

  • ‘BUCHANANS’ shall mean BUCHANANS GROUP ABN 50 682 507 308 and its successors and assigns.
  • ‘The Customer’ shall include any person acting on behalf of and with the authority of the Customer.
  • ‘Goods’ shall mean goods, products and services supplied by BUCHANANS to the Customer.
  • ‘Price’ shall mean the cost of the goods as detailed by BUCHANANS to the Customer by quotation as provided from time to time by BUCHANANS, subject to any trading terms as shall be confirmed by BUCHANANS to the Customer.

Terms

By accessing this web site, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trade mark law.

User License

Permission is granted to temporarily download one copy of the materials (information or software) on BUCHANANS’ website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

– modify or copy the materials;

– use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

– attempt to decompile or reverse engineer any software contained on BUCHANANS’ website;

– remove any copyright or other proprietary notations from the materials; or

– transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by BUCHANANS at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Disclaimer

The materials on BUCHANANS’ website are provided “as is”. BUCHANANS makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, BUCHANANS does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.

Limitations

In no event shall BUCHANANS or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on BUCHANANS Internet site, even if BUCHANANS or a BUCHANANS authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Revisions & Errata

The materials appearing on BUCHANANS’ website could include technical, typographical, or photographic errors. BUCHANANS does not warrant that any of the materials on its website are accurate, complete, or current. BUCHANANS may make changes to the materials contained on its website at any time without notice. BUCHANANS does not, however, make any commitment to update the materials.

Links

BUCHANANS has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by BUCHANANS of the site. Use of any such linked website is at the user’s own risk.

Site Terms of Use Modifications

BUCHANANS may revise these terms of use for its website at any time without notice. By using this website, you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

GENERAL TERMS AND CONDITIONS OF TRADE

  1. Interpretation
  • ‘BUCHANANS’ shall mean BUCHANANS GROUP ABN 50 682 507 308 and its successors and assigns.
  • ‘The Customer’ shall include any person acting on behalf of and with the authority of the Customer.
  • ‘Goods’ shall mean goods, products and services supplied by BUCHANANS to the Customer.
  • ‘Price’ shall mean the cost of the goods as detailed by BUCHANANS to the Customer by quotation as provided from time to time by BUCHANANS, subject to any trading terms as shall be confirmed by BUCHANANS to the Customer.
  1. All Goods supplied by BUCHANANS are supplied on these terms and conditions and any instructions received by BUCHANANS from the Customer and/or the Customer’s acceptance of Goods supplied by BUCHANANS shall constitute acceptance of these terms and conditions.
  2. No order shall be binding on BUCHANANS until accepted by BUCHANANS and on such acceptance a contract shall be formed for the supply of Goods on these terms and conditions. A contract once formed may not be cancelled or varied without the consent of BUCHANANS.
  3. BUCHANANS may refuse to accept any order in whole or in part and may elect to fulfil an order in one delivery or two or more part deliveries.
  4. Payment for the Goods shall be made in full by the Customer upon delivery or acceptance of the Goods except where the Customer has requested credit in such form as BUCHANANS shall require and BUCHANANS has granted such request in which case the Customer shall make payment in full within the time extended by BUCHANANS. BUCHANANS may charge interest on any overdue amounts and may withdraw any credit approval upon notice to the Customer.
  5. ROMALPA CLAUSE: Ownership in the Goods does not pass to the Customer until the Customer has discharged all outstanding indebtedness whether in respect of the Goods or otherwise. The Customer shall accept the risk in the Goods upon receipt of the Goods. Pending payment for the Goods the Customer shall provide suitable care and storage of the Goods.
  6. Any suggested or requested date of delivery shall be accepted by BUCHANANS by way of estimate only and BUCHANANS shall not be liable for any costs or damages which may result from or be claimed in respect of delivery of the Goods at some other date.
  7. The Customer acknowledges that he relies on his own skill and judgment in respect of the suitability of the Goods for the purposes of the Customer. The Customer acknowledges that the Goods are manufactured for specific purposes and agree to read and be bound by all product safety instructions and warnings issued by BUCHANANS in relation to any Goods sold to the Customer. The Customer further agrees to disseminate any product safety instructions or product warnings to any person to whom the Customer sells the Goods.
  8. The Goods shall be deemed to have been delivered in full, correctly and without apparent defect unless the Customer notifies BUCHANANS to the contrary within seven days of delivery. Should there be any shortfall or error in delivery or any apparent defect in the Goods, BUCHANANS’ responsibility will be fully discharged by delivery of Goods to make up such shortfall or to correct such error or replace any apparently defective Goods.
  9. BUCHANANS warrants the quality of the Goods in accordance with its standard Warranty. Except as provided by these terms and conditions or in the standard Warranty, BUCHANANS shall not be under any liability to the Customer in respect of any loss or damage including consequential or indirect loss or damage or loss of profits however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the Goods. In no case shall BUCHANANS’ responsibility exceed the invoiced cost of the Goods.
  10. Nothing in these terms and conditions is intended to have the effect of contracting out of any applicable provisions of any legislation except to the extent permitted by such legislation. Should any provision of these terms and conditions be invalid, void illegal or unenforceable the remaining provisions shall not be affected prejudiced or impaired and shall remain enforceable.
  11. The failure by BUCHANANS to exercise or any delay in exercising any right power or privilege available to BUCHANANS under these Terms and Conditions will not operate as a waiver thereof or preclude any further or other exercise thereof or the exercise of any other right or power.
  12. Each contract for the sale of Goods under these terms and conditions shall be deemed to be made in the State of New South Wales and subject to the laws of that State.
  13. Neither BUCHANANS nor the Customer shall be liable for any default due to any act of God, war, terrorism, strike, lockout, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.

E & OE November 2018