Terms & Conditions
This Website and our Stores are operated by the Supplier. By accessing or purchasing Products from our Website, and/or purchasing Products from our Stores, you agree to be bound by the following terms and conditions (Terms).
In these Terms, unless the context indicates otherwise:
2.1 Customer means a person, company, or other entity whose order for the purchase of Products is accepted by the Supplier;
2.2 Products means the goods and services offered by the Supplier;
2.3 Stores means the physical stores and showrooms operated by Infinite Supplies Pty Ltd (ACN 107 200 564) trading as First Choice Warehouse;
2.4 Supplier means:
2.4.1 where the Customer purchases Products via the Website, First Choice Warehouse Online Pty Ltd (ABN 86 648 375 204); and
2.4.2 where the Customer purchases Products via our Stores (including without limitation via telephone, fax or email to our Stores), Infinite Supplies Pty Ltd (ACN 107 200 564) trading as First Choice Warehouse;
2.5 Website means www.firstchoicewarehouse.com.au and related web pages;
2.6 headings do not form part of the terms and conditions and are for illustrative purposes only; and
2.7 where the context permits or requires words inserted, the singular number shall include the plural number, those denoting a given gender shall include all other genders and those denoting natural persons shall include corporations.
3.1 Unless otherwise agreed in writing by the Supplier, any terms and conditions of the Customer’s order deviating from or inconsistent with these Terms are expressly precluded by the Supplier as are any variations to these Terms not expressly agreed to in writing by the Supplier.
3.2 No contract for the supply of Products shall exist between the Supplier and the Customer until a Customer’s order for Products has been accepted by the Supplier (such acceptance of Customer’s orders will be made and communicated by the Supplier in the form of an invoice). The Supplier may accept or refuse any order for Products in its absolute discretion and may make its acceptance of an order conditional upon it receiving a satisfactory credit assessment of the Customer.
3.3 The Supplier may amend, modify, add to or delete any of these Terms at anytime, and such modifications shall be effective immediately upon posting of the modified terms on the Website.
4.1 The Customer shall rely on its own knowledge and judgement in determining the suitability of and selecting Products for any particular purpose. Any advice, recommendation or assistance given by or on behalf of the Supplier is given without expert qualifications or knowledge of the full situation and circumstances in which the Products will be used. It must not be relied on as expert advice. Customers should seek advice from a qualified expert with access to and full information regarding the aforementioned situation and circumstances.
4.2 Where Products are sold subject to any manufacturer’s warranty, the Supplier shall not be liable to the extent that any manufacturer is liable under a manufacturer’s warranty unless otherwise required by law. Where Products are sold without the manufacturer’s warranty, we provide the standard warranty detailed in clause 12.
4.3 The Supplier shall not be liable nor responsible for any failure to comply with any requirements of the Customer or any other person (whether relating to manufacture, design, fabrication, installation and/or any other particular intended use of any Products and/or otherwise) which are not precisely and accurately communicated in writing directly to the Supplier prior to the entry by Supplier into any relevant sale contract.
5.1 Where the Supplier provides a quote for Products, the price is valid for 30 days or such shorter period specified by the Supplier, after which the Supplier may confirm or vary the quote in its sole discretion. Online advertised prices for Products are subject to change at any time prior to acceptance pursuant to clause 3.2.
5.2 Any increases in the invoice or contract price as a consequence of currency fluctuations, taxes, customs duty or other imposts shall be to the Customer’s account.
5.3 The Supplier will be entitled to set off against any money owing to the Customer amounts owed to the Supplier by the Customer on any account whatsoever. However the Customer shall not set off any amounts owing or allegedly owing by the Supplier to it against any amount due by it to the Supplier.
5.4 Unless otherwise agreed to by the Supplier, the only accepted means of payment is by cash, cheque, credit card or electronic funds transfer, all without any deduction. Products will not be released to the Customer prior to payment being received by the Supplier in cleared funds.
5.5 The Customer acknowledges that prices for Products may be different on the Website and in Stores, including without limitation where special online sales are conducted.
6.1 Where the Customer purchases Products in or via our Stores, the Supplier shall not accept any responsibility or duty to deliver but upon request of the Customer may elect to arrange delivery at its discretion and without liability and at the Customer’s cost and risk in all things.
6.2 Where the Customer purchases Products via the Website, the Customer agrees the Products must be delivered, and in accordance with this clause, and the Customer must provide delivery details at the time of ordering.
6.3 Products will be delivered or deemed to be delivered, when they are delivered to the delivery place nominated by the Customer. If no such address is nominated, then delivery will be deemed to occur at the time when the Products are collected from the Supplier’s premises.
6.4 The Customer shall pay to the Supplier packing and delivery charges in accordance with the Supplier’s current rates as at the date of dispatch. If there is no current rate, then a reasonable delivery charge shall be determined by the Supplier and paid by the Customer.
6.5 The Customer authorises the Supplier to deliver Products to the place nominated by the Customer and to leave the Products at such place whether or not any person is present to accept delivery. The Supplier shall not be liable on any basis whatsoever for loss suffered by the Customer after delivery to the nominated delivery place.
6.6 Subject to clause 6.5, all claims for the Supplier’s failure to comply with the Customer’s order whether due to shortfall, incorrect delivery or otherwise must be made by giving verbal notice to the Supplier within 48 hours from the date of delivery. If the Customer fails to provide such notice then the Customer shall be deemed to have accepted the Products.
6.7 Any times quoted for delivery are estimates only and the Supplier shall not be liable to the Customer for any failure or inability to deliver or for delay in delivery of Products whatsoever whether or not beyond the control of the Supplier.6.8 The Customer shall not be relieved of any obligation to accept or pay for Products by reason of any delay in delivery.
7 PROPERTY AND RISK
7.1 The Products shall be at the sole risk of the Customer as soon as they are dispatched from the Supplier’s premises.
7.2 Property in and title to the Products will not pass to the Customer until those Products and all other amounts owed to the Supplier by the Customer have been paid for in full.
7.3 Where the Customer purchases Products in or via our Stores only, the Products after purchase may, subject to the consent of the Supplier, be stored at the premises of the Supplier for a period of up to 6 months, and thereafter only with the Supplier’s written consent. Unless the Supplier agrees otherwise in writing, any Products not collected within 12 months of purchase shall be forfeited to the Supplier without notice. A maximum of 6 cubic meters of Product may be stored onsite per Customer.
7.4 Collection of purchased Products from storage must occur in designated opening hours of the Supplier and only after twenty four hours advance notice by the Customer to the Supplier.
8 SPECIAL ORDERS AND SPECIFICATIONS IN GENERAL
The Customer warrants to the Supplier that all drawings and specifications and other design information provided to the Supplier for the manufacture of special orders are accurate and correct in all respects and do not infringe upon the intellectual property rights of any third party including any copyright, patents, designs or trademarks of a third party.
9 RETURNS POLICY
9.1 For the purposes of this clause 9, the Customer may only seek to deal with and return Products to the Supplier from which the Products were supplied (refer to clause 2.4).
9.2 Subject to clause 11, the Supplier will only accept the return of Products in accordance with its Returns Policy.
10 LIMITATION OF LIABILITY
10.1 The Customer agrees to limit any claim it makes to the cost of replacement of Products or of acquiring equivalent products.
10.2 Subject to clause 11, the Supplier shall not be liable for any loss or expense arising after 48 hours from delivery (or at all once Products have been unpacked, affixed and/or otherwise used or applied) after which there shall be deemed to be unqualified acceptance.
11 CLAIMS UPON SUPPLIER
11.1 For the purposes of this clause 11, the Customer may only seek to deal with and return Products to the Supplier from which the Products were supplied (refer to clause 4.2).
11.2 The Supplier acknowledges that provisions in the Competition and Consumer Act 2010 (Cth) (as amended) and other statutes from time to time imply or impose statutory guarantees, conditions or warranties into contracts for the supply of goods and services which cannot be excluded, restricted or modified or can only be restricted or modified to a limited extent (Non Excludable Terms). To the maximum extent permissible at law, the Supplier hereby exclude all conditions, warranties, guarantees, terms and obligations expressed or implied by law in connection with these Terms, or any information and services provided under them. Nothing in these Terms is intended to exclude or restrict the application of the Non Excludable Terms beyond the maximum extent permissible at law.
11.3 For the avoidance of doubt and to the maximum extent permissible at law, the application of the Non Excludable Terms is excluded where Products are purchased from the Supplier for the purpose of resale to third parties.
11.4 The Supplier is not liable to the Customer or any other person for any loss or claim of any kind in connection with these Terms, or any information and services provided under them, except to the extent caused directly by the Supplier’s negligence or wilful misconduct.
11.5 If any Non Excludable Terms apply, then to the extent to which the Supplier is entitled to do so, its liability under those Non Excludable Terms will be limited at its option to:
11.5.1 In the case of services:
(a) the supplying of the services again; or
(b) the payment of the cost (if any) of having the services supplied again.
11.5.2 In the case of goods:
(a) the replacement of the goods or the supply of equivalent goods; or
(b) the repair of the goods; or
(c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(d) the payment of the cost of having the goods repaired.
11.6 To the extent permitted by law, the Supplier will be under no liability to the Customer or any third party in any circumstances for any indirect, special or consequential loss or damage, including but not limited to loss of revenue or loss of profit howsoever arising and whether in an action in contract, tort, in equity, under statute, or on any other basis.
Save and except as required by law no warranty is given where the Supplier is not the manufacturer of Products other than the warranty offered by the manufacturer and to the fullest extent legally permissible the Supplier’s liability shall in all cases be strictly limited in accordance with these Terms. Where the Supplier is or might be deemed to be the manufacturer then the Supplier’s standard warranty applies for the period applicable to specific Products. Details of the Supplier’s standard warranty and the schedule of periods applicable are available on the Website.
13.1 The Customer will not use the Website for any purpose that is unlawful or prohibited by these Terms.
13.2 The Customer must not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other user’s enjoyment of the Website. The Customer must not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
13.3 The Customer must not modify, copy, reproduce or distribute in any way any material or products displayed on this Website.
13.4 The Supplier is not responsible for any third party content, external websites, networks, advertisements, directories, software, servers, products and services, databases, information systems and the internet as a whole (Third Party Content) which the Customer may access from the Website or which is linked to the Website from time to time.
13.5 The Supplier accepts no responsibility nor liability for promotions shown or advice given in Third Party Content and cannot be held liable for any loss or damage incurred as a result of reliance on any Third Party Content.
13.6 To the full extent permitted by law, all information displayed on this Website is provided without any warranty as to its accuracy or reliability and the Supplier does no accept any liability which may arise from the Customer’s use or reliance of such information.
13.7 The Supplier provides no guarantee or warranty to the Customer that the Website will be, free from variation, uninterrupted, error-free, secure, or that defects in the information or displayed products will be corrected. Whilst the Supplier will endeavour to maintain ongoing access, access to the Website may be suspended, restricted or terminated at any time. The Supplier disclaims all liability to the Customer to the full extent permitted by law should this occur.
13.8 The Supplier will not be liable for any software or hardware issues that may reside at the user’s end that limits or interferes with the information or products displayed on the Website.
14.1 Where the Customer purchases Products in or via a Store, notices to be given by the Customer to the Supplier may be delivered personally or sent to the Store Manager at the Store’s address or email address shown for that Store on the Website.
14.2 Where the Customer purchases Products via the Website, notices to be given by the Customer to the Supplier may be sent to the email address shown for Online Sales on the Website.
14.3 Unless the contrary is proved, notice shall be taken as delivered when received by the Supplier at that address.
14.4 Notices to be given to the Customer by the Supplier may be delivered personally or sent to the Customer’s last known address and, unless the contrary is proved, shall be taken as delivered on the second business day following posting.
14.5 Invoices and statements are deemed received by the Customer on the second business day after posting by ordinary prepaid post.
In the event that the whole or any part or parts of any provisions in this agreement should be held to be void or unenforceable in whole or in part such provision or part thereof shall to that extent be severed from these Terms but the validity and enforceability of the remainder of these Terms shall not be affected.
16 APPLICABLE LAW
These Terms are made in and governed by the laws of Victoria, Australia. Any dispute arising in connection with these Terms shall be subject to the exclusive jurisdiction of the Courts of Victoria, Australia.
17 ENTIRE AGREEMENT
Unless otherwise specified, these Terms together with any order accepted by the Supplier constitutes the entire agreement between the Customer and the Supplier with respect to the Products.
Effective July 2021