Conditions of Retail Sales

1. For the purposes of these conditions the term "Company" shall mean Mentone Educational Centre, the term "Purchaser" shall mean the purchaser of any goods from the Company and shall include the Purchaser's agents and employees and the term "the goods" shall mean all and any goods supplied by the Company to the Purchaser.
   
   
2. Unless otherwise specified the sale or supply of the goods by the Company to the Purchaser shall at all times be subject to and conditional upon the application of these Conditions of Sale.
   
   
3. Any description or technical information relating to the goods howsoever presented is solely for general descriptive purposes and does not constitute a description for the purpose of a contract of sale by description. Any information contained in any of the Company's publications howsoever presented is correct at the time of printing and may be altered where necessary at any time.
   
   
4. Where appropriate the use or operation of any of the goods by the Purchaser shall be strictly in accordance with any instructions or information supplied by the Company and shall at all times be at the Purchaser's own risk. The Purchaser acknowledges that in the event of any injury or damage resulting from the use of the goods it shall have no recourse in law or in equity against the Company where such injury or damage arises from the failure by the Purchaser to properly adhere to the relevant instructions or information supplied by the Company or in the event of there being no accompanying instructions or information the Purchaser's failure to exercise due care and responsibility in the use or operation of the goods.
   
   
5. Title to the goods shall not pass until the monies therefore have been paid in full to the Company and until such time the Purchaser shall hold the goods as bailee for the Company. The Purchaser further acknowledges and accepts the Company's right, at any time, to enter the Purchaser's premises and take back the goods in the event of the Purchaser being unable to pay for the goods within the period specified in Clause 6 of these Conditions of Sales.
   
   
6. Payment in full is to be made within thirty (30) days from the date of the receipt of the goods by the Purchaser.
   
   
7. All payments made by the Purchaser will be offset against the whole of the monies at anytime owing by the Purchaser to the Company and will be deemed to have been paid only when the funds are cleared.
   
   
8. The Purchaser shall be solely responsible for the payment of all the goods purchased by it. Where the Purchaser alters its structure in any way whatsoever it shall forthwith advise the Company of each change, in such event, the Company reserves the right to stop further sales of the goods to the Purchaser until such time as the Company has satisfied itself as to the credit-worthiness of the Purchaser's new identity.
   
   
9. Any claims by the Purchaser for any damage to the goods shall be made in writing to the Company within seven (7) days of receipt of same by the Purchaser. Failure to make a claim in such time shall result in the goods being deemed to have been accepted by the Purchaser as being satisfactory, fit for purpose and of merchantable quality.
   
   
10. The Purchaser prior to shipping any of the goods back to the Company by way of return shall first obtain an authorisation from the Company. Any returns made without prior authorisation from the Company will be rejected on arrival at the dock. Where authorisation is given the goods shall be returned to the Company within thirty (30) days of receipt of such authorisation in the original carton and in resaleable condition. In such event the Company shall allow the Purchaser full credit less shipping costs. Where any of the goods are returned after thirty (30) days but within sixty (60) days from the date of the giving of the Company's authorisation the Company shall deduct an additional 25% restocking charge. Any returns received by the Company after sixty (60) days shall in no event be accepted.
    
    
11. Any loss or damage to the goods after delivery of the same to the Purchaser shall be solely of the Purchaser's own risk and expense.
    
    
12. The Purchaser shall forthwith notify the Company in writing of any Orders made or resolutions passed for the winding-up of the Purchaser or where appropriate of any Orders of Applications made for the Bankruptcy of the Purchaser.
    
    
13. The Company at all times reserves the right to alter its prices without prior notice.
    
    
14. The Purchaser acknowledges that it has read these Conditions of Sale and is aware that the purchases by it of the goods is subject to the terms thereof.