To the fullest extent legally possible, all dealings between SealTV Pty Ltd ABN: 28 167 389 291 (“SealTV”) & any Purchaser (“Purchaser”) relating to any goods or services, are subject to the following Terms & Conditions of Trade (“these Terms”) unless otherwise agreed in writing.
General All orders, & deliveries are solely in accordance with these terms & conditions, with which the person placing the order declares themselves to be in agreement at the time of placing the order. This also applies to future transactions, even if there is no express reference to the delivery & payment terms. If the order is placed in a way that departs from our terms & conditions, even then & only our delivery & payment terms apply, even if we do not contradict them. Thus, departures from the norm only apply if these have been expressly recognised by us in writing.
Offer & Acceptance Our offers are not binding with regard to price, quantity & delivery time. Legally binding acceptance of the order only occurs once it has been confirmed by us in writing or electronic mail. No liability is accepted with regard to the currency of the published prices. All published prices are given in Australian dollars (AUD). We reserve the right to change prices at any time without prior notice.
Delivery & Payment Terms The Purchaser assumes all costs & risks pertaining to the transportation of the products sold by SealTV from the SealTV warehouse to the Purchasers specified ‘ship to’ or ‘drop ship’ address. Delivery of goods can take anywhere from 3 – 5 working days for goods in stock, or up to 10 weeks for goods out of stock. This may vary depending on size of order & any transport or customs delays. The Purchaser will be advised of estimated delivery time at time of order. SealTV has a continuing discretion to allocate available stock & gives no warranty as to certainty of supply unless expressly agreed in writing or electronic mail in advance. Deliveries that are late or that have not been made do not, under any circumstances, constitute grounds for a claim for compensation on the part of the Purchaser. In the event of it being impossible to adhere to estimated delivery times due to force majeure, a breakdown or a delay in delivery from sub-suppliers, then SealTV are entitled to extend the delivery deadline by the length of time that prevented from making deliveries or, optionally, to withdraw from the contract. SealTV are entitled to make partial deliveries. SealTV will communicate this with the Purchaser to the best of its ability at the time before & after the sale. The Purchaser may only demand compensation for non-fulfillment if SealTV has caused the deadline for delivery to be exceeded intentionally or through gross negligence. We reserve the right to supply goods only through cash on delivery, payment in advance or other payment terms to be agreed with the Purchaser instead of the normal terms of payment. Complaints, if there are any, do not affect the due date for the payment of the purchase price.
Payments Payments must be made in full, unless otherwise agreed, by the due date specified on the invoice. SealTV may apply a payment received from the Purchaser to any amounts owed by the Purchaser (including interest, part payment of an invoice, administration, collection & other costs) in any order. SealTV is entitled to set-off or deduct any amount payable by SealTV to the Purchaser. SealTV wholesale prices are in Australian Dollars (AUD) & include GST (Goods & Services Tax). Prices are effective from the effective date noted on the SealTV Wholesale Price List. SealTV accepts direct debit & Business/Company cheques as methods of payment for wholesale orders. Details of how to pay can be found on the invoice supplied.
Credit Limit SealTV can vary or withdraw any credit facility or limit at any time at its discretion & without any liability to the Purchaser or any other party.
Interest Interest is payable on overdue accounts at the rate prescribed under the Penalty Interest Rates Act 1983 (NSW) plus an additional 3%, & a monthly administration fee of $50.
Placement Of Orders If any dispute arises concerning any order (& including any telephone facsimile e-mail or computer generated order) the internal records of SealTV will be conclusive evidence of what was ordered. Each order placed shall be & be deemed to be a representation made by the Purchaser at the time that it is solvent & able to pay all of its debts as & when they fall due Failure to pay in accordance with these Terms shall be & be deemed to be conclusive evidence that the Purchaser had no reasonable grounds for making the representation & that the representations were unconscionable, misleading & deceptive. When any order is placed, the Purchaser shall inform SealTV of any material facts which would or might reasonably affect the commercial decision by SealTV to accept the order &/or grant credit in relation thereto. Any failure to do so shall create & be deemed to create an inequality of bargaining position shall constitute & be deemed to constitute the taking of an unfair advantage of SealTV & to be unconscionable, misleading & deceptive.
Partial Delivery/Forward Orders/Pre-orders If the Purchaser places forward orders or request partial or instalment delivery, the Purchaser agrees to pay for so much of any order as is from time to time delivered by SealTV & that no delay or failure to fulfil any part of any order shall entitle the Purchaser to cancel or vary any order or delay or reduce any payment.
Variation or Cancellation Once SealTV has confirmed an order a legally binding agreement has been formed & cancellations are not possible. Variation of any order dealing or arrangement must be agreed in writing or by electronic mail.
Default/Withdrawal/Compensation In the event of a total or partial default in payment on the part of the purchaser, as well as in those instances where we (in particular, in accordance with the present sales, delivery & payment terms) are entitled to withdraw from the contract, all claims that are still outstanding immediately fall due for payment, irrespective of the date on the invoice of those claims that are outstanding. If the purchaser is more than 30 days in arrears with the payment of the purchase price, we are entitled to make further deliveries only against payment in advance. The same applies analogously in the case of partial deliveries with regard to those deliveries that are still outstanding. In the event of withdrawal by us we will charge 20 % of the net value of the order as a fee for returning the goods to storage. However, the purchaser is allowed to submit proof that there has been no loss to us at all or that our loss is considerably lower than the flat-rate fee. The above applies analogously in the event of the purchaser not accepting delivery of some of the goods ordered. Should the purchaser fall behind with his payments, any preferential payment terms, credits granted or discounts cease to apply. Preferential payment terms or discounts, once granted, only become the object of further contracts on the basis of an express agreement.
Ownership of goods Until the purchase price (invoice) has been paid in full the goods remain the property of SealTV. In the event of resale/ processing, the purchaser of the goods, which, due to the failure to make payment, are still in the ownership of the vendor, will cede those claims or surrogates resulting from this to SealTV. The purchaser must neither pledge those goods, the ownership of which is retained, nor transfer ownership of them, as security, to third parties until payment is made in full. The purchaser must inform us immediately in writing of any attempt by third parties to seize those goods, the ownership of which is retained, or those claims that have been ceded. SealTV are entitled, at any time, to demand the surrender of those goods belonging to us, if the purchaser falls behind with a payment or if there is a substantial deterioration in his asset position. It is not necessary to withdraw from the contract in order to assert the retention of ownership.
Samples & Display Stock Samples can be requested but will be charged at the retail price plus postage & handling. Samples or stock purchased for display cannot be returned.
Returns Returns are subject to our Returns Policy.
Warranty for Faults The object of the contract is solely the product sold with those properties & features as well as for the intended purpose as laid down in the confirmation of the order. Other, or additional, properties &/or features , or an intended purpose which goes beyond this, are only regarded as having been agreed if they are expressly confirmed by us in writing. The purchaser must inspect the goods immediately following receipt, but at the latest within 2 days. Complaints must be addressed to us immediately in writing or electronic email – (in the case of hidden defects or faults as soon as they are known about). Goods that are the subject of a complaint must be made available to us, on request, for collection at the place to which they were originally delivered. The warranty period is one year. If the goods have already been forwarded or distributed to more than one recipient, we are not liable for any costs for collating the goods that are the subject of the complaint. In the event of a justified complaint we first of all have the right to rectify the situation, & to eliminate the defect(s) or resupply, as we so choose. Only, & in the event of the attempt to rectify the situation failing will we take the goods back & refund the purchase price (withdrawal). The right to compensation is restricted to wilful intent or gross negligence. We would expressly like to point out that we are unable to take back, as a complaint, goods in an altered state that have not been altered by us.
Freight SealTV has negotiated freight rates from the carriers that are currently used. SealTV makes no profit on the freight component of the invoice & if the Purchaser is not happy with the freight cost then the Purchaser is free to choose the carrier of their choice.Freight charges are calculated on the cubic measurement, weight & destination of the order.
Brand Integrity As a seller of SealTV products, the Purchaser acknowledges & agrees that it will take all reasonable measures to maintain the integrity of the SealTV brand. In no event will SealTV be held liable for any legal issues, damages, costs or expenses incurred or arising due to non-compliance of below:The Purchaser will not wholesale any goods purchased through SealTV, unless given express written permission to act as a Reseller on our behalf. Reseller accounts are subject to agreeing to the Reseller Terms & Conditions.The Purchaser will only be authorised to sell through retail outlet(s) specified in application to SealTV. Permission must be sought to sell the goods at other outlets including any new shops or online stores that you subsequently open. SealTV does not allow its products to be sold on Online Auction Sites (such as eBay) or through any other third party site without written permission.The Purchaser will sell the goods in their entire packaging including all existing labels & will not tamper, change or re-label any of the goods without prior written permission.
Specifications SealTV endeavours to ensure that any illustration, drawing or specifications supplied by SealTV are accurate, however SealTV accepts no responsibility for any inaccuracy or errors.Any illustration, drawing or specifications are to be treated at all times as confidential & not made use of without the prior written consent of SealTV.
Copyright Purchaser agrees that trade names, trade marks & logos used to identify SealTV products are the exclusive property of SealTV, & the Purchaser has no interest in such trade names, trade marks & logos except for the right to use them in connection with their promotion & the sale of SealTV product items. Upon termination of the Agreement, Purchaser agrees immediately to cease all use of SealTV trade names, trademarks & logos.The content, including downloads, videos, images used by SealTV (including the website & domain name www.sealtv.com.au), unless otherwise stated, are the property of SealTV & are protected by copyright law. Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute the material used by SealTV, or create any other material using material originating from SealTV, without obtaining prior written consent from SealTV. Trademarks & logos must not be used or modified in any way without obtaining the prior consent of SealTV.
Exclusions If SealTV publishes material about its goods & prices, any part which is incompatible with these Terms is expressly excluded.The purchaser will rely on its own knowledge & expertise in choosing any product for any purpose.Any advice or assistance given for or on behalf of SealTV shall be accepted at the purchaser’s risk & shall not be or be deemed given as expert or adviser nor to have been relied upon.
Severability Any part of these Terms can be severed by SealTV without affecting any other part.
Default or breach Default or breach by the Purchaser of these Terms or in any dealings with SealTV will entitle SealTV to retain all monies paid, call-up all monies due or owing (whether currently due & owing or not), cease further deliveries & recover from the Purchaser all loss of profits without prejudice to any other of its rights under these Terms or at law.
No Set-off or Counter Claim No set-off or counter claim will be made or applied by the Purchaser until payment in full of all bone fide invoices raised by SealTV (whether current or overdue) & this clause may be pleaded as a bar to any action taken prior to such payment in full.
Indemnity The Purchaser indemnifies SealTV against any claim or loss arising from or related in any way to any contract or dealing between SealTV & the Purchaser or anything arising therefrom or arising as a result of or subsequent to any breach of these Terms.
Recovery Costs The Purchaser will pay all costs & expenses of SealTV, its legal advisers, mercantile agents & others acting on its behalf in respect of anything instituted or being considered as a result of any breach of these Terms or breach of any dealings with SealTV.
Jurisdiction This Agreement is governed by the laws of New South Wales, Australia.All contracts made with SealTV shall be deemed to be made in New South Wales & the parties submit to the jurisdiction of the appropriate Courts in or nearest Sydney.
Waiver If SealTV elects not to exercise any rights arising as a result of breach of these Terms it shall not constitute a waiver of any rights relating to any subsequent or other breach.
Force Majeure SealTV will not be in default or breach of any dealing with the Purchaser as a result of Force Majeure (i.e: anything beyond SealTV’s reasonable control).
Other Terms & Conditions & Notice No terms &/or conditions sought to be imposed by the Purchaser upon SealTV shall apply unless agreed in writing by SealTV.SealTV maintains the rights to alter modify & update these terms & conditions at any time, including prices & specifications without notice. The purchaser will be deemed to have notice of any change to these Terms, immediately as SealTV adopts them.