GREN INNOVATION PTY LTD STANDARD TERMS & CONDITIONS OF SALE (“this Agreement”)

 

In this Agreement, the “Customer” means any person who places an Order with Gren; 
the “Goods” means any items sold or supplied by Gren under an Order; 
“Gren” means Gren Innovation Pty Limited (ACN 136 616 772)
“Order” means any request or order to purchase the Goods, and; the “Parties” refers to the Customer and Gren.
This store is powered by WooCommerce – an online e-commerce platform that allows Gren to sell products to the Customer.

1. Validity

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 through Gren website or stores, the Customer agrees to apply the terms and conditions of this Agreement in priority over any other agreement between the Parties except previously agreed Gren Credit Account terms and conditions which, where conflict arises, take precedence over this Agreement.

1.2 Any Order is subject to acceptance by Gren. Gren is not obliged to accept any Order or to justify refusal of the same. Receipt of payment for Goods by Gren does not in itself constitute acceptance by Gren of the Order.

1.3 Gren may vary the terms and conditions of this Agreement from time to time by publishing new terms and conditions on the Gren website.

2. Goods being Sold

2.1 Descriptions and specifications for the Goods are set out on the Gren website at the time of the Order.

2.2 If any Goods are unavailable or out of stock then Gren 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.

2.3 Customers placing Orders for age-restricted goods such as solvents and knives confirm that they are over 18 years of age and that delivery will be accepted by a person over 18 years of age.

3. Terms of Payment and Payment Methods

3.1 Current prices for Goods are available on the Gren website. Prices may change from time to time. A delivery and/or insurance charge may be payable in addition to the price of the Goods which will be notified to the Customer before the Customer submits the Order. All prices are quoted in Australian Dollars.

3.2 Unless otherwise stated, all prices quoted exclude 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 Gren 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 Gren website depending on the method of placing the Order. Bank/Electronic Fund Transfers must include the Order reference number as a payment reference and be made to:

Account Name: Gren Innovation Pty Ltd
BSB: 032080 
Account Number: 314451

3.5 Gren 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. Delivery

4.1 Full delivery prices and options are listed on the Gren website and are subject to change from time to time.

4.2 Certain large, heavy or bulky items and deliveries to offshore/remote deliveries (including Tasmania) will attract higher delivery prices and delivery times will be longer, depending on the delivery location. Delivery prices and times for these items will be discussed for confirmation with the Customer after an Order has been placed.

4.4 Gren will use reasonable endeavours to ensure its delivery agents meet delivery estimates. However Gren cannot be held liable for any delay in delivery.

4.5 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 Gren immediately if Goods are delivered in damaged or soiled packaging.

4.6 Goods delivered are used, stored and installed at the Customer’s own risk and Gren will not be liable for any damage, loss or disruption caused by the same unless caused by Gren’s negligence. Where installation/disconnection services have been ordered by the Customer, further charges, terms and conditions may apply as communicated by Gren to the Customer before delivery.

4.7 All large machinery, refrigeration and flat packed Goods are delivered to the front door of ground floor locations only. The delivery person/driver may at his/her discretion assist with delivering the Goods to a location within the premises nominated by the Customer, at the Customer’s sole risk.

4.8 If (i) the Customer will not or does not accept delivery when the Goods are ready for delivery or (ii) Gren or its agent cannot effect delivery because Gren or its agent considers at the time of delivery that delivery would be hazardous or would be contrary to their policies, industry practice or statutory requirements or (iii) because the Customer has not provided Gren with appropriate instructions, documents, licences or authorisations to properly, legally and safely effect delivery of the Goods, risk in the Goods passes to the Customer, the Goods will be deemed delivered, and Gren may store the Goods until actual delivery, in which case, the Customer will be liable to Gren for all related costs, such as re-delivery charges, storage and insurance.

5. Warranties and Returns

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. Certain large or bulky items may be subject to a restocking fee. Certain Goods cannot be returned for hygiene purposes. Certain Goods such as knives must be returned in adequate postal packaging for health and safety reasons. Certain last-in-line or special-to-order Goods may also be non-returnable. Those Goods will be flagged accordingly on the Gren website. The cost of returns may be refunded in whole or in part to the Customer at Gren discretion.

5.2 Goods that are damaged on delivery must be reported to Gren within 24 hours. Goods that are missing, delivered faulty or defective by Gren may be replaced, repaired, refunded or exchanged at Gren discretion provided Gren is informed in writing within 14 days. Certain Goods may be disposed of in accordance with Gren’s safety instructions for replacement, refund or exchange with Gren’s prior approval.

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. Engineer call-outs and repairs carried out on non-warranty faults or defects may be subject to further charges. No Goods will be sold on a ‘sale or return’ basis without the prior written approval of Gren.

6. Termination

6.1 Gren 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 Gren 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 Gren 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 Gren’s reasonable control such as force majeure, act of God, adverse weather and government intervention, sanction or legislation.

6.4 Gren 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 (such as solvents and knives).

7. Limitation of Liability

7.1 The Customer agrees that Gren 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 Gren’s statutory liability for injury or death.

7.2 Goods sold are not insured for delivery unless confirmed as insured by Gren on acceptance of the Order.

8. Intellectual Property Rights and Confidentiality

8.1 Goods sold or supplied by Gren may be subject to copyright (whether owned by Gren  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 Gren harmless for any breach of said covenant.

8.2 The Customer’s data protection and privacy rights under this Agreement are set out in Gren’s privacy policy (available on the Gren website).

9. Jurisdiction

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.