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In this Agreement,
the "Customer" means any person who places an Order with On the Nose;
the "Goods" means any items sold or supplied by On the Nose under an Order;
"On the Nose" means Symons & Co Pty Limited T/as On the Nose (ABN 54 128 653 118) of Unit 8, 28-34 Roseberry St, Balgowlah NSW 2093;
"Order" means any request or order to purchase the Goods, and;
the "Parties" refers to the Customer and On the Nose.
1.1 This Agreement is the only form of contract between the Parties and any Customer terms and conditions will not apply unless expressly agreed in writing. By submitting an Order, whether through On the Nose website or through one of its catalogues or office, the Customer agrees to apply the terms and conditions of this Agreement in priority over any other agreement between the Parties.
1.2 Any Order is subject to acceptance by On the Nose. On the Nose is not obliged to accept any Order or to justify refusal of the same. Receipt of payment for Goods by On the Nose does not in itself constitute acceptance by On the Nose of the Order.
1.3 On the Nose may vary the terms and conditions of this Agreement from time to time by publishing new terms and conditions on the On the Nose website or catalogue.
2.1 Descriptions and specifications for the Goods are set out on the On the Nose website at the time of the Order.
2.2 If any Goods are unavailable or out of stock then On the Nose may cancel the Order in whole or in part and refund any monies paid, issue a credit note or otherwise vary the Order with the Customer's approval.
3.1 Current prices for Goods are available on the On the Nose website. Prices may change from time to time. All prices are quoted in Australian Dollars.
3.2 Unless otherwise stated, all prices quoted include GST. GST will be charged in accordance with the relevant regulations in force at the time of the Order.
3.3 Occasionally an error may cause the price published or advertised for Goods to be incorrect, in which case On the Nose will be under no obligation to honour the incorrect price.
3.4 Payment for Goods and Delivery may be made by any of the options listed on the On the Nose website, depending on the method of placing the Order.
3.5 On the Nose reserves the right to charge interest on late or overdue payments by the Customer.
3.6 All Orders may be subject to further credit or security checks.
4.1 Full delivery prices and options are listed on the On the Nose website are subject to change from time to time.
4.2 On the Nose will use reasonable endeavours to ensure its delivery agents meet delivery estimates. However On the Nose cannot be held liable for any delay in delivery.
4.3 Risk in the Goods transfers to the Customer at the time of delivery but title will not pass until payment has been made in full for the Goods in question. Customers are advised to notify On the Nose immediately if Goods are delivered in damaged or soiled packaging.
4.4 Goods delivered are used at the Customer's own risk and On the Nose will not be liable for any damage, loss or disruption caused by the same unless caused by On the Nose's negligence.
5.1 Goods delivered may be returned for a refund, exchange or replacement within 30 days provided they are returned unused, in a saleable condition and in their original packaging. The cost of returns will not be refunded to the Customer.
5.2 Goods that are damaged on delivery must be reported to On the Nose within 24 hours.
5.3 Clauses 5.1 and 5.2 above do not apply to any defect in the Goods caused by the fault, negligence or failure of the Customer to adhere to manufacturer instructions.
5.4 Certain products, as indicated on packaging, are protected by a 3-year warranty from date of purchase. The warranty may be claimed by the return of the packaging along with a receipt for purchase within the 3 year period for repair, replacement or substitution to be determined by On the Nose.
6.1 On the Nose reserves the right, by notice to the Customer, to cancel or suspend any Order where payment has not been received in accordance with clause 3 above.
6.2 On the Nose reserves the right to terminate this Agreement if the Customer cannot pay its debts or becomes bankrupt or has a winding-up order made or an administrator, liquidator, receiver or similar is appointed over the whole or a substantial part of the assets and undertaking of the Customer.
6.3 On the Nose reserves the right to suspend or terminate performance of this Agreement where delivery or supply of the Goods and/or performance of this Agreement is affected by reasons out of On the Nose's reasonable control such as force majeure, act of God, adverse weather and government intervention, sanction or legislation.
6.4 On the Nose reserves the right to cancel any Order where it is reasonably suspected that the Customer is not legally permitted to purchase any Goods specified in the Order.
7.1 The Customer agrees that On the Nose will not be liable for any losses or damage suffered by the Customer including but not limited to loss of business, business interruption or loss of time, due to the use or purchase of the Goods by the Customer. Nothing in this Agreement shall exclude On the Nose's statutory liability for injury or death.
7.2 Goods sold are not insured for delivery unless confirmed as insured by On the Nose on acceptance of the Order.
8.1 Goods sold or supplied by On the Nose may be subject to copyright (whether owned by On the Nose or a third party) and the Customer covenants not to breach, infringe or prejudice any intellectual property and copyright associated with the Goods without approval. The Customer agrees to indemnify and hold On the Nose harmless for any breach of said covenant.
8.2 The Customer's data protection and privacy rights under this Agreement are set out in On the Nose's privacy policy (available on the On the Nose website).
9.1 This Agreement is governed by the law of New South Wales and the Parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
9.2 Any right or obligation contained in this Agreement will be distinct and severable and if one or more of the same are declared invalid, illegal, void or unenforceable then the remainder will continue in force and effect to the fullest extent permissible by law.