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1. DEFINITIONS

‘Seller’ shall mean Earth Saltz and include its employees and agents. ‘Buyer’ shall mean and include the person or persons, company or other entity named herein as the Applicant and in the attached Application for Credit and any servant, agent, partner, contractor or employee of that person or company and in the case of two or more persons shall refer to each of them jointly and severally.

Any notice in writing required to be given under any agreement with the Seller shall be deemed to be duly given if posted by ordinary pre-paid mail to the address of the addressee as set out herein.

2. GENERAL

All orders placed by the Buyer will be subject to these Terms & Conditions of Sale unless otherwise expressly agreed to in writing by the Seller. The Buyer waives any terms and conditions of purchase which are inconsistent with Terms & Conditions of Sale. The Buyer agrees that all contracts made with the Seller shall be deemed to be made in the State of New South Wales and the Buyer agrees to submit to the jurisdiction of the appropriate Court in that State.

Any variation or cancellation of order must be approved in writing by the Seller.

All sales are made at the ruling price of the Seller at the time of delivery, unless otherwise agreed in writing.

3. LIABILITY

The Seller shall not be liable for any claim, loss or expense whatsoever or howsoever arising which is made after the expiration of 30 days from the date of delivery.

The Seller will not be subject to any liability which exceeds the replacement value of the subject goods. The Seller will not be liable for any contingent, consequential or punitive damages arising in any way whatsoever. The Buyer acknowledges this express limitation of liability and agrees to limit any claim accordingly.

The Seller shall not be liable for any claim, loss or expenses sustained or incurred by any person arising in any way as a result of the unavailability of goods or any delay in delivery of the goods or any part thereof or any failure to deliver the goods or part thereof.

Any advice, recommendation, information or representation provided by the Seller as to the quality or performance of the goods or their suitability for a particular purpose or otherwise in relation to the goods is given in good faith but without any liability or responsibility on the part of the Seller. The Buyer acknowledges that it has not relied upon or been induced by any representation by the Seller.

The Buyer agrees that this credit account is not transferable or assignable and that the Applicant and any Guarantors executing this Application for Credit Account or Deed of Guarantee and Indemnity, at all times remain liable to the Seller pursuant to these Terms & Conditions of Sale, unless the Seller expressly acknowledges in writing that the Seller has released the Applicant or any one or more of the Guarantors as the case may be, from any liability incurred on the granting of future credit.

4. PAYMENT

Unless otherwise agreed in writing, all prices are strictly net and the Buyer shall make payment such that it is received by the Seller within thirty (30) days after the delivery. If payment is not made in accordance with the above terms, the Seller shall be entitled to:

4.1 Require the payment of cash upon delivery of any further products.

4.2 Charge default interest at the rate of 2.0% per month calculated on a daily basis on any monies due but unpaid. Such interest will be computed from the due date of payment.

4.3 Charge an administration fee of $35.00 per month or on any part thereof in which monies remain overdue for payment.

4.4 Cease supply of further products, if payment has not been made within 15 days of the due date.

4.5 Recover all damages, expenses and costs of collection, including, but not limited to the payment of a management fee or otherwise for such collection at a rate not exceeding 20% (plus GST) of any monies due but unpaid, in addition to all other remedies the Seller shall have at Law. These Terms & Conditions of Sale may be the subject of any variation or alteration by notice in writing to the Buyer by the Seller, including but not limited to any variation or alteration which may be contained in any invoice(s) supplied to the Buyer by the Seller from time to time. Such variation or alteration will apply as and from the due date the notice is given or any other date nominated by the Seller whichever should occur later.

5. PROPERTY AND RISK

Property in the goods will remain with the Seller until the price of those goods has been paid in full.

The risk in the goods will transfer to the Buyer upon delivery to the Buyer or his agent or a carrier nominated by the Buyer. The Buyer may effect sale of the goods or part thereof in the usual course of business upon the following conditions:

5.1 That the Buyer holds all proceeds of sale relating to the Sellers goods on trust for the Seller.

5.2 That the Buyer agrees (if required) to assign to the Seller any rights to any outstanding moneys relating to the sale or disposal of the Seller’s goods.

If the Seller’s written demand for payment is unsatisfied then the Seller will be entitled to forthwith enter any premises owned or occupied by the Buyer and the Buyer grants the right of such entry to the Seller to recover any goods which are the property of the Seller and which the Seller reasonably believes to be on such premises and for the Seller to exert such force that is necessary to gain entry to any such premises and the Buyer indemnifies and saves harmless the Seller in relation to any loss or damage sustained as a result of any such entry.

6. DELIVERY

The Buyer shall be responsible for the cost of any delivery. If the Seller is requested to arrange for the delivery of goods beyond their usual business premises, the Buyer shall pay all delivery charges stipulated by the Seller. The Seller shall in all cases be entitled to choose the method of transport. The Buyer shall provide reasonable and proper access to the site specified for delivery.

Where for any reason the time necessarily spent by the Seller in attempting to or effecting delivery exceeds 30 minutes the Buyer agrees to pay all costs and expenses of the Seller hereby incurred.

The Buyer shall be responsible for any damage whatsoever or howsoever caused in the course of delivery and shall indemnify the Seller in relation to every claim whatsoever which arises in relation thereto.

The Buyer authorises the Seller to subcontract delivery in its absolute discretion.

The Seller may unilaterally delay or suspend any delivery for any period or cancel any agreement for sale without any liability whatsoever.

7. RETURNS

Goods will only be accepted for return if authorised by a representative of the Seller prior to the return. All claims must be put in by email with photos 7 days of receipt.

8. TERMINATION

If the Buyer fails to comply with any of these conditions or:

8.1 Being an individual commits any act of bankruptcy, or corporation passes a resolution for winding down or liquidation or.

8.2 Enters into any composition or arrangement with creditors or if an Administrator, Receiver or Manager is appointed for any property or assets or,

8.3 Becomes liable to be wound up by reason of insolvency or if any petition is presented for its winding up the Seller may in addition to exercising any of its rights against the Buyer, suspend any further deliveries and immediately recover possession of any products not paid for in full and sell them.

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