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  • Terms & Conditions

Terms and Conditions

These terms apply to all products you buy from us. You cannot vary these terms without our written approval. All references to "us", "we", "our" etc, refer to Kookaburra Educational Resources. All references to "you", "your" etc refer to the customer placing the order and its representatives and if more than one, each of them jointly and severally. All references to "products" refer to the products you have ordered for purchase from us. We reserve the right to update our Customer Order Terms from time to time without prior or written notification. You are responsible for reviewing the most current version of these terms and conditions on www.kookaburra.com.au.

QUOTATIONS AND ORDERS

Any quotation or price list given by us to you does not constitute an offer to sell goods to you. We reserve the right to alter the quote or price list without notice to you, only if we state the quote is valid for 30 days does the prior state expire.

Any quotation or price list provided by us to you applies strictly to Goods ordered and delivered to a location within the same state as your address and to which the quotation or price list applies. 

By ordering goods, you are making a binding irrevocable offer to purchase those goods. We will notify you of our acceptance of your order in writing. Alternatively, delivery of Goods pursuant to your order will be deemed acceptance of your offer to purchase.


PRICES, GST, FREIGHT, AND INSURANCE

Unless otherwise expressly agreed in writing, the price of the Goods will be the price specified in our invoice plus the amount which we are required to pay on account of any charges which may be levied by any government authority (domestic or foreign) plus any amount that reflects any increase in exchange rates, costs of labour, materials and overheads. 

You are responsible for all freight costs. If you nominate a carrier, this must be advised to us in writing in the absence of which we will choose a carrier.

With the exception of any amount payable, unless otherwise expressly stated, all amounts stated to be payable by you under any Contract are inclusive of GST.

DELIVERY

We reserve the right to deliver Goods by instalments. Any delivery times notified to you are estimates only. If you request us to postpone delivery of the Goods beyond the delivery date or dates specified in your order, we may agree to do so if you agree to pay an additional fee for such postponement.

If we do not receive delivery instructions sufficient to enable us to dispatch the Goods within fourteen (14) days of you being notified that the Goods are ready for delivery, you will, from the fifteenth day after notification:

  • be deemed to have taken delivery of the Goods.
  • be liable for reasonable storage charges, payable monthly on demand; and
  • assume risk in the Goods.
  • Containers (which includes but is not limited to stillages, formers and pallets) in or on which Goods are delivered and for which a deposit charge is made, remain our property. Upon the containers’ return in good order the deposit will be returned to you. We reserve the right to deduct moneys from your deposit to compensate us for any damage to the container(s). 

CLAIMS, WARRANTY AND LIABILITIES

Any claim by you as to breach of the Conditions must be made to us in writing within seven (7) days of delivery, for which time is of the essence.

If you do not notify us of any claim within seven (7) days of delivery in accordance with the above clause, the Goods are deemed accepted by you in compliance with the Conditions.

If you are a Consumer, the provisions of this clause apply:

  1. The Goods come with guarantees that cannot be excluded under the Australian Consumer Law.  You are entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage in accordance with the Australian Consumer Law.  You are 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.
  2. If you believe the Goods do not comply with the statutory guarantees, you must contact the Company and the parties may decide for the return of the Goods.  Any returned Goods must be accompanied by proof of purchase.  If the Company agrees that the Goods do not comply with the statutory guarantee, the Company will refund the costs of returning the Goods to the Company and, in all other respects, act in accordance with its obligations under the Australian Consumer Law.
  3. Subject to all other terms, representations, warranties, guarantees and conditions that might otherwise be granted or implied by law are expressly excluded to the maximum extent permitted by law, unless agreed by the Kookaburra Educational Resources in writing.  The Kookaburra Educational Resources does not exclude, restrict, or modify any liability that cannot be excluded, restricted, or modified except to a limited extent, as between you and the Kookaburra Educational Resources by law.

We will not be responsible for non-delivery or delay in delivery of any Goods due to any cause beyond our reasonable control. Where such non-delivery or delay occurs, we may deliver the Goods not delivered or delayed at any subsequent time and you must accept and pay for them.

Where we give a date of intended delivery, this will be subject to the Goods ordered being available and our being able to make the delivery on that date. 

RETURNED GOODS

You may only return Goods with the prior written approval of the Kookaburra Educational Resources. Goods accepted for return by the Kookaburra Educational Resources must be returned within 14 days from the date of delivery in an unsoiled, undamaged, and resalable condition in the original packaging. You may be charged a handling fee for any returned Goods. The amount of this charge will be determined by Kookaburra Educational Resources and debited to your credit account.

Your proof of purchase and a return authority must accompany all Goods returned to the Kookaburra Educational Resources.

Where Goods are returned to us, credit will only be issued subject to the following conditions set out in the below:

RETURN AUTHORISATION:

  1. A Return Materials Authorization (“RMA”) authority number must be obtained from the supply point prior to the return of any Goods.  We may refuse to give a RMA authority or accept the return of any Goods.
  2. You must provide the invoice number and date of purchase before a RMA will be issued.
  3. The RMA authority number must be clearly marked on the packaging of Goods returned to us.  Failure to comply with this requirement could result in our refusing to accept delivery of the returned Goods.

CREDIT: 

All claims for credit must be supported by:

  1. carrier’s consignment/s note or similar receipt of delivery.
  2. our relevant invoice number; and
  3. the RMA number issued by us.

UNACCEPTABLE RETURNS:

Without in any way limiting our discretion to refuse to accept the return of any Goods, the following Goods will not be returnable:

  1. any Goods that have been held by you or your agent for more than seven (7) days; or
  2. any Goods which are not in original condition; or
  3. any Goods that are Firm Sales as made to order items unless faulty.  Any special-order surcharge is non-refundable.

CARRIER:
Goods must be returned by the carrier specified by us.

RESTOCKING FEE
You agree to pay us a restocking fee at the rate of ten percent (8%) of the invoiced value of the Goods returned with a minimum amount to be determined by us from time to time  (exclusive of GST), where Goods are returned as a result of order errors made by the customer.  Over ordered Goods may not be accepted after seven (7) days from the earlier date of delivery or invoice.  Made to order, special order goods will not be accepted for RTS.

OWNERSHIP & RISK

  1. The risk of loss or damage to the Goods passes to you on the date and at the time that the Goods are delivered to you or at the date and time the Goods are collected from the Company’s warehouse.
  2. Ownership of any Goods supplied by us will not pass to you until all amounts owing by you to us has been received by us.
  3. Until ownership passes to you, the Goods supplied are held by you for us as bailee and, if required, you will store the Goods so that it is clear they belong to us.
  4. If you wish to resell any Goods before ownership passes, you may do so only by way of bona fide sale in the ordinary course of business and as our agent, but you must not represent to any other person that you are acting for, or have any authority to bind, us.  
  5. You will hold the proceeds of sale on trust for us and you must account to us for the proceeds of any sale of the Goods.