TERMS AND CONDITIONS
PRODUCT TERMS AND CONDITIONS
The supplier whose details appear in the Summary Schedule next (the “Supplier” or “us") will provide products to you the purchaser whose information appears in the attached Purchaser Details (the "Purchaser” or "you”), on the terms and conditions as set out in these Trading Terms and Conditions Please complete the details attached, sign where indicated for the Purchaser and Guarantor if applicable, and mail or fax to the Supplier.
These Trading Terms and Conditions (“Terms and Conditions”) constitute the entire terms of the agreement between the Supplier being A Dry Bed The Bed Wetting Solution Pty Ltd (ACN 167 886 473) Trading as Night Ollie (“Night Ollie”) and the Purchaser and is governed by the laws of the state of Victoria, Australia for the goods supplied by us to you (the “Goods”). The Purchaser may not sub-contract, assign or vary its rights under the Terms and Conditions without the prior written consent of the Supplier. In the event of any ambiguity, conflict or confusion between the purchase or written order issued by a purchaser for the supply of Goods, these Terms and Conditions shall prevail.
Security & Privacy
Night Ollie will not reveal your personal information to external organisations except for the Purposes of fulfilling your order.
Purchasing & Payment
All sales order are final once both parties sign or approve. No cancellation/changes after seven (7) days of approved sales order. All pricing on sales order is final. Night Ollie reserve the right to cancel orders if not received with the sales window. A minimum order to be placed of $500. Any customer changes to the delivery month on sales order, freight for those sku’s to be paid by the customer.
Orders, Cost and Payment
No price list, range, book, catalogue or quotation given by the Supplier shall constitute an offer to supply goods to the Purchaser.
Any indent order for the supply of goods must be in writing and shall not be binding upon the Supplier until accepted by the issue of an order confirmation which will detail all prices, the part of the order accepted, pricing and the proposed delivery date of the stock ordered (“Order Confirmation”).
The Order Confirmation may list suggested substitution of styles for styles not being produced or unavailable.
In season orders made by telephone, email or by our agents are done so in accordance with these Terms and Conditions.
All orders placed with the Supplier by the Purchaser shall be deemed to be an offer by the Purchaser to purchase the Goods subject to these Terms and Conditions.
Whilst every endeavour is made to maintain prices as quoted on the Order Confirmations if any movements occur after the date of acceptance in the relevant exchange rates, duty rates, tariffs, quotas or freight rates or any other factors beyond our control, the Purchaser reserves the right to amend the price to include a reasonable allowance for any movement in such rates, tariffs, quotas, freight rates or other such factors and all orders shall be subject to such price alterations up to the date of delivery of the goods.
The Goods supplied shall be as specified in the Order Confirmation.
At the Supplier’s sole discretion a deposit may be required or the Supplier may require payment by way of letter of credit against delivery. Any special terms concerning payment by the Purchaser will be detailed on page 1 of the summary page which forms part of these Terms and Conditions.
In the event that no special terms of payment are listed on page 1 per clause 2.7 payment shall be due on delivery of the goods or be due thirty days following the end of the month of the date of invoice which will be sent with the goods.
All goods are dispatched free on board from the Supplier’s warehouse unless prior agreements have been made in writing. All goods will be sent with our nominated freight carrier and the consignment note number and cost of freight will be added to each invoice sent with the goods.
Every attempt will be made by the Supplier to deliver the goods during the delivery window as advised on the Order Confirmation. In the event of any failure to deliver the goods during the delivery window does not give the Purchaser any right to terminate or alter any order confirmed.
Part orders of an Order Confirmation may be sent on a pro rata basis and the goods so delivered will be invoiced and must be paid as required by these Terms and Conditions.
The Supplier will deliver Goods to the address nominated by the Purchaser which will be listed on the Order Confirmation when reasonably practicable and the Purchaser will take delivery of goods when tendered. Any redelivery shall entitle the Supplier to charge a reasonable re supply fee.
The Supplier does not guarantee availability of Goods even if the goods are listed in an Order Confirmation.
The Supplier will not be liable for any loss or damage (including consequential loss or damage) arising from any delay in delivery or failure to deliver or delivery of defective goods. Any shortage or packing mistakes must be advised to the Supplier in writing within seven (7) days.
Returns Policy & Refunds
No exchange of goods or refund on goods will be accepted after one month from date of purchase.
Exchanges or refunds will be at the sole discretion of Night Ollie.
Interest at 10.5% is payable on amounts which are more than thirty (30) days overdue.
Product Information, Prices & Photos
Night Ollie aims to include up-to-date pictures and specifications of all of the goods. However, our picture and/or description of the goods may differ from the actual goods. Images are for illustration purposes only, actual product may differ.
All prices quoted on the Night Ollie website are quoted in Australian Dollars and are inclusive of GST except where stated.
Disclaimer of Liability
To the extent permitted by law, Night Ollie will not be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, including (but not limited to) loss of profits, arising out of or in connection with:
Goods or services supplied by Night Ollie under these Terms & Conditions.
A failure or omission on the part of Night Ollie to comply with its obligations under these Terms & Conditions.
Disclaimer of Warranty
To the extent permitted by law, including any non-excusable statutory obligations, none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on this site. To the extent permitted by law, Night Ollie expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of merchantability or fitness for purpose.
Orders, Cost and Payment
Night Ollie warrants all Goods sold by it will be free of defective workmanship and materials.
Night Ollie Goods come with guarantees that cannot be excluded under the Australian Consumer Law. The Purchaser is entitled to a replacement or refund for a major failure. The Purchaser is also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.
Night Ollie will, at its option either repair or replace any defective Goods or parts thereof with a new or remanufactured equivalent during the Warranty Period at no charge to the Purchaser for parts or labour during the Warranty Period.
The warranty described herein shall be the sole and exclusive warranties granted by Night Ollie and shall be the sole and exclusive remedy available to the Purchaser in addition to the rights and remedies of the Purchaser under a law in relation to the Goods to which this warranty relates.
All implied warranties including the warranties of merchantability and fitness are limited to the Warranty Period.
No other person or entity is authorised to make any warranties other than those described herein, or to extend the duration of any warranties beyond the Warranty Period on behalf of Night Ollie.
Correction of defects, in a manner and for the Warranty Period described herein, shall constitute complete fulfillment of all liabilities and responsibilities of Night Ollie to the Purchaser with respect to the Goods and shall constitute full satisfaction of all claims, whether based on contract, negligence and strict liability otherwise. In no event shall Night Ollie be liable, or in any way responsible, for any damages or defects in the Goods which were caused by repairs or attempted repairs performed by anyone other than Night Ollie or an authorised service provider.
This warranty does not apply to any appearance of the supplied Goods nor to any supplied Goods the exterior to which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been modified or altered in design or construction. In addition, the warranty coverage does not apply to defects caused by the supplied Goods being subjected to the following; unauthorised modifications or connections, unauthorised opening or repair, repair by use of unauthorised parts, accident, force majeure, or other acts beyond the reasonable control of Night Ollie.
This warranty does not cover death or injury to persons resulting from any cause other than proven negligence of Night Ollie, its employees or representatives.
In order to enforce the rights under this warranty, the Purchaser must provide proof of purchase to Night Ollie. The proof of purchase must state the date of the purchase, provide a description of the Goods and the price paid for the Goods.
A claim made by a Purchaser should be made in writing to Night Ollie along with the proof of purchase. The costs of transportation of the Goods will be borne by the Purchaser. If the claim is valid Night Ollie will reimburse the Purchaser for the costs.
Rights We Cannot Exclude
The above disclaimer and liability limitation do not exclude any rights, which by law may not be excluded, including but not limited to your rights under the Trade Practices Act.
Supply of Goods outside Australia and Internet Sales
Goods supplied under these Terms and Conditions must not be supplied by you to purchasers outside Australia, or to persons who operate internet sales stores or who conduct web-based sales outside of Australia. You agree that you will state on any website or other method of obtaining orders for sale that the goods will not be supplied to customers outside Australia.
Account charges and administration fees
Supply of orders on credit and the extension of credit will be rejected if a Purchaser has an overdue account. A service charge of 1.5% per month will be charged on all overdue accounts. In addition to the service charge, an account keeping fee of AUD 20 per month will be charged on all accounts with invoices and transactions outside normal trading terms. All payments made by the Purchaser will be applied in our absolute discretion to service charges, account keeping charges and outstanding invoiced amounts.
The Purchaser agrees that all warranties expressed or implied by statute, common law, equity or trade custom or usage or otherwise howsoever are to the extent permitted by law excluded. Except only for those rights and remedies that the Purchaser has in respect of the Goods under the Competition and Consumer Act 2010 (the “CCA”), and any other similar Federal or State statute and which cannot be lawfully excluded, restricted or modified:
the Goods are provided for use by the Supplier on an as is where is basis and all conditions and warranties, whether statutory or otherwise, are excluded in relation to the Goods;
without limiting Clause 11(a) the Supplier warrants that it will provide the Goods with reasonable care and skill. The Supplier makes no express or implied representation that the Goods are fit for purpose or that the Goods will not cause harm or injury whether direct or indirect to any person who uses or otherwise comes in contact with the Goods whether directly or indirectly; and
The Supplier is not liable to the Purchaser for any loss whatsoever, including any damage, loss, claim, liability, cost or expense (whether direct or indirect, consequential or incidental) loss of profit, revenue, anticipated savings, contract, opportunity or goodwill (the ‘Loss”) which the Purchaser suffers, incurs or is liable for in connection with the use of the Goods.
The Supplier reserves the right to charge interest on any outstanding sum in accordance with this Agreement without notice to the Purchaser.
Should any payment made be dishonoured, you shall be liable to the Supplier for any dishonor fees incurred by the Supplier.
In the event that:
The Supplier consider that there is a material risk that you will be unable to pay any amount owing to us and gives you notice of this opinion; or
You fail to make due payment on any invoice supplied by us by the due date; or
You are a an individual and you commit an act of bankruptcy; or
You are a company and it has an administrator, manager, trustee, official manager or receiver, liquidator or any other person authorised to enter into possession or control of you; or
You have a judgment entered against you in any court;
A secured creditor seizes or takes possession of any collateral asset in your possession as a security obligation under a financing contract; or
You enter an invoice finance or factoring arrangement without the Supplier’s written consent this shall be a default
In the event of a default, the Supplier may without prejudice to any other rights it may have do any or all of the following:
Seek the repayment of all monies accrued and owing by you and such amounts will become immediately due and payable without any demand being required;
Withdraw credit facilities that may have been extended to you;
Withhold any further deliveries of Goods;
In respect of Goods delivered, enter onto your premises with full authority from you to recover and resell the goods for our own benefit as per our right of entry contained in this Agreement;
Suspend and or terminate the performance of any other orders that you may have;
cancel all rebates, discounts and like allowances allowed in respect of any unpaid invoices;
apply as an offset any credits which may be due to you by the Supplier against any amounts owed by you to the Supplier;
commence legal proceedings, including winding up proceedings, and recovery of legal costs on a solicitor and own client basis.
The Purchaser and the Guarantor assume sole responsibility for and indemnify and save harmless the Supplier and its Related Bodies Corporate, shareholders, officers, directors, employees, agents and assignees (collectively "Supplier Affiliates") from any and all claims, liabilities, losses, expenses, responsibility and damages, including all legal costs and expenses on a solicitor/client basis, the Supplier or Supplier Affiliates may suffer or incur as a result of or relating to the Purchaser's relations with its suppliers, customers and other third parties; or any breach of these Terms and Conditions by the Purchaser.
Security and Charge
Despite anything to the contrary herein or any other rights which the Supplier may have:
Where the Purchaser and/or Guarantor is the owner of land, both the Purchaser and the Guarantor hereby agree to mortgage and/or charge all of their joint and several interest in the said land in favour of the Supplier to secure all amounts and other monetary obligations payable under these Terms and Conditions . The Purchaser and Guarantor acknowledge that the Supplier shall be entitled to lodge a caveat on the title to any such land, which caveat shall be withdrawn once all payments and monetary obligations have been met and these Terms and Conditions terminated.
The Purchaser and Guarantor irrevocably appoint the Supplier as their respective attorney to perform all acts to give effect to this clause.
Failure by the Supplier to insist upon strict performance of any term or condition shall not constitute a waiver of any rights of the Supplier under that term or condition, or a waiver or any other provision or of any other provision.
You agree that the Supplier may obtain from a credit reporting agency a credit report containing personal credit information about you and the Guarantor in relation to any credit provided by us. You may agree that the Supplier may exchange information about you with those credit providers named in the application for a credit account or named in a consumer credit report issued by a reporting agency for the following purposes:-
To assess an application by you for credit;
To notify other credit providers of an application for credit;
To exchange information with other credit providers as to the status of your credit worthiness;
To assess your credit your credit worthiness and also the Guarantor’s.
In relation to the provision of credit you agree that personal data may be used and retained by us for the following purposes as shall be agreed between us or as required by law from time to time:
Provision of credit and goods;
Analyzing, verifying and/or checking your credit, payment and or status in
relation to the provision of credit and goods from other suppliers;
Enabling the daily operation of the your account in relation to the provisions of goods;
To obtain a credit report about the customer;
Allow a credit reporting agency and us to create or maintain credit information containing information about you.