Terms & ConditionsUnless a contrary intention is expressed within this document the terms contained here-in shall have the following meanings:
Supplier means Creative Early Learning Limited ABN 79 144 759 713 (Creative Early Learning), their subsidiary’s and other related entities.
Customer means any person contracting with Creative Early Learning for the supply of products. If the customer consists of more than one person, the Terms bind them severally and jointly.
GST means the goods and services tax under the A New Tax System (Goods and Services Tax) Act 1999 (as amended) and includes all other GST related legislation
Products means any goods or services ordered from Creative Early Learning or it’s related entities or supplied by Creative Early Learning or it’s related entities to the customer.
Terms means the terms and conditions contained herein.
1.1. All goods and services supplied by Creative Early Learning are supplied subject to these terms and conditions.
1.2. These terms may be varied only subject to any written agreement by the Supplier to modify the same, signed by the Supplier.
1.3. The terms are to be read in conjunction with any Conditions stated on the Supplier’s Invoice.
2.1. No order shall be binding on Creative Early Learning until accepted by Creative Early Learning.
2.2. Creative Early Learning reserves the right to accept any order in whole or in part.
2.3. All personal orders for individuals must be prepaid by cheque, money order or direct debit to Creative Early Learning. Bank account details are supplied.
2.4. All credit orders by organisations are accepted by Creative Early Learning subject to satisfactory credit approval of the Customer, which may be withdrawn at any time. Where credit approval has not been granted, or is with drawn, payment for all Products supplied is required before delivery.
3.1. All items are designed to be used by children of an appropriate age and the adult selecting the item must make any decision regarding suitability.
3.2. Design and colour changes may occur at any time. Creative Early Learning reserves the right to supply current stocked items.
3.3. Some sets in the catalogue contain multiple items. Creative Early Learning reserves the right to substitute similar items if one or more of these items are discontinued.
4.1. The invoiced amount is due and payable before goods are dispatched.
4.2. If for any reason the Supplier is unable to provide all Products, the Supplier shall be entitled to a pro-rata payment of the amount invoiced for Products supplied.
4.3. Back orders are automatically recorded and shipped when available free of freight.
5.1. Unless otherwise specified, prices exclude GST, sales tax or any other applicable duties or charges im posed by any government or statutory authorities .
5.2. All prices are current at time of publication, but are subject to change without notice.
5.3. Bulky or heavy items or products being shipped to remote area’s may incur extra freight charges.
5.4. Any payment due by the customer for Products provided by is payable without set-off, counterclaim or demand.
6.1. Risk in the Products passes to the Customer either:-
6.1.1. on collection of the Products by the Customer; or
6.1.2. at the time the Supplier notifies the Customer that the Products are available for collection; or
6.1.3. where the Products are to be delivered to the Customer on leaving the Supplier’s premises.
7.1. Ownership of any of the Products only passes to the Customer when the Customer pays all sums owing to the Supplier under any Contracts.
7.2. Where the Supplier delivers the Products to the Customer and moneys are still outstanding, then, until the Products are disposed of by the Customer in accordance with the provisions of this clause, the Customer agrees with the Supplier to keep the Products on trust for the Supplier and, if required, store the Products in a manner that clearly shows the ownership of the Supplier.
7.3. The Customer may sell the Products to a third party in the normal course of business and deliver them to that third party whereupon:
7.3.1. If the Customer is paid by that party, the Customer holds the whole of the proceeds of sale of those Products on trust for the Supplier; and
7.3.2. If the Customer is not paid by that party, the Customer agrees, at the option of the Supplier, to assign his claim against that party to the Supplier upon the Supplier giving the Customer notice in writing to that effect.
7.4. For the purpose of giving effect to the agreement specified in paragraph 5.3.2 the Customer irrevocably appoints the Supplier as his attorney for this clause.
8.1. Cross check all products against your original order and our packing list before opening, marking or using them.
8.2. Any Products which are damaged or defective, delivered after their “use by” or “best before” date, or which are not otherwise in accordance with the Customer’s order, may be returned to Creative Early Learning within 14 days of delivery, at no cost to the Customer provided a return authorisation number has been obtained from Creative Early Learning.
8.3. In the event that a return authorisation number has been issued any returned Products will only be accepted provided that:
8.3.1. The customer returns the Products with a copy of the original invoice or packing slip within 14 days of delivery.
8.3.2. the Products are in their original packaging, unopened, of a current make and model and otherwise as new and in a saleable condition;
8.4. All returns are on the basis that risk in the Products remains with the Customer until the Products are received by Creative Early Learning, and that a restocking or return fee may be charged if the goods are returned without authorisation.
9. Liability of Supplier of Part
9.1. Subject to Clause 10 the Supplier is not responsible or liable for:-
9.1.1. The workmanship of Products supplied. However the Supplier shall use its best endeavours to ensure that the manufacturer of the Products provides or assigns warranties in relation to the Products to the Customer.
9.1.2. Any faults or defects in the Products;
9.1.3. The quality and/or performance of the Products which were purchased by the Supplier from the Manufacturer; or
9.1.4. Delay in performance or non-performance of this Contract directly or indirectly caused by fire, explosion, accident, flood, labour trouble, stoppage or strikes, shortages, acts of war of or hostilities by any Government or Government Agencies, inability to obtain suitable materials, equipment, fuel, power or transportation at current prices, or act of God or arising from contingencies happening or causes beyond the control of the Supplier.
9.2. Subject to Clause 10 any Products affected by any matters outlined in the preceding clause may be eliminated by the Supplier from this Contract without liability for breach thereof but this Contract shall otherwise remain unaffected.
10. Limitations and Exclusions
10.1. If the Customer is a “consumer” under the Trade Practices Act 1974 (and/or any equivalent state Fair Trading legislation) (“The Act”) then:-
10.1.1. The Customer’s rights under that Act are not excluded, restricted or modified by anything herein;
10.1.2. The Supplier’s liability for the supply of Products is limited to one or more of the following at the election of the Supplier:-
10.1.2.1. The replacement of the Products or the supply of equivalent Products;
10.1.2.2. The payment of the cost of replacing the Products or acquiring equivalent products;
10.2. Products not manufactured by the Supplier are supplied on the basis that the Supplier will assign to the Customer any rights under any warranty applicable to such Products from the manufacturer and/or others and the Supplier is not liable for any loss or damage arising from any deficiencies or defect in such Products except to the extent that the warranties are honoured by the original manufacturer.
10.3. Subject to this clause 10, the Supplier is not liable to the Customer for any loss or damages (including consequential loss) to the Products, any object or other thing including any goods left by the Customer in the Supplier’s care and/or control or for the death or personal injury howsoever arising which is suffered or incurred by the Customer arising out of:-
10.3.1. Any act or omission (whether negligent or otherwise) by the Supplier while undertaking the supply of the Products;
10.3.2.Any breach of any contract or any bailment or other obligation imposed on the Supplier in respect of the supply of the Products;
10.3.3. Any misuse, abuse or incorrect use or lack of or defective maintenance of any property of the Customer after delivery of the Products; or
10.3.4. Any representation as to the performance, the suitable application or use of the Products or otherwise in respect of the Products made by any employer or agent of the Supplier unless in writing signed by an authorised person for the Supplier.
10.4. Subject to this clause 10, any implied conditions, warranties and liabilities including liability for consequential loss and/or losses arising from negligence are hereby excluded.
11.1. The Customer will indemnify and save harmless the Supplier from and against any expense, claim, loss or damage arising from any loss or damage incurred by the Supplier because of any breach by the Customer of any of these Terms and Conditions or to the Supplier’s equipment or to property to person which occurs due to any act or omission by the Customer.
11.2. For the purposes of clause 11.1 “loss” includes consequential loss and any fine, levy, charge or any monetary imposition to which the Supplier becomes liable as an incident to the supply of Products and/or resulting by any breach by the Customer of this agreement
12.1. Any agreement between the parties is subject to the non-exclusive jurisdiction of the Courts of Queensland and the Commonwealth of Australia.
13.1. The failure by Creative Early Learning to exercise, or any delay in exercising, any right, power or privilege available to it under these terms and conditions will not operate as a waiver thereof or preclude any other or further exercise thereof or the exercise of any other right or power.