Terms & Conditions of Sale
1. Interpretation
1.1 In these Terms:
“Company” means Brindabella Lighting Pty Ltd
“Customer” means the purchaser of Goods from the Company.
“Goods” means all goods sold and/or delivered by the Company to the Customer.
“Terms” means these terms and conditions of sale.
2. Application
2.1 These Terms apply to all contracts for the sale of Goods by the Company.
2.2 No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless
confirmed by the Company in writing.
2.3 The Customer acknowledges that no employee or agent of the Company has any right to make any
representation, warranty or promise in relation to the Goods or the sale of the Goods other than as
contained in these Terms.
3. Prices
3.1 Prices are determined at the time of order and, prior to payment of the deposit, are subject to change
without notice.
3.2 All quotes are strictly valid for 30 days only. All quotes older than this will need to be re-quoted prior to the
order being accepted.
4. Payment
4.1 Payments are to be made to the Company without any deduction or discount other than as stated in these
Terms or in the relevant invoice or statement.
4.2 A minimum deposit of 50% of the invoice price must be paid when placing an order for standard items
through our showroom.
4.3 Where Goods are specially ordered/custom items selected by the Customer through our showroom, Goods
must be paid for in full when placing an order. No returns accepted for special/custom orders.
4.4 The balance of the invoice price must be paid in full before collection/delivery of Goods.
4.5 Goods purchased through our website must be paid for in full at the time of order. No returns or warranties
on online only sale items.
5. Collection
5.1 Unless a prior arrangement has been made, the Customer must, within 7 days of being notified of their
availability, collect the Goods or arrange a third party to collect the Goods on their behalf and pay any
remaining balance of the invoice price.
5.2 If the Customer fails to collect the Goods or accept delivery within 21 days of being notified of their
availability, the Company may terminate this contract, keep the deposit (if applicable) and resell the Goods.
5.3 The Company reserves the right to charge the Customer storage on goods not collected within 7 days of
notification of their availability at the rate of $35.00 per week or part thereof, unless a prior arrangement has
been made.
5.4 The Company reserves the right to supply the Goods in whole or in instalments, as well as to deliver prior to
the date for delivery and, in such event, the Customer must not refuse to take delivery of the Goods.
5.5 Any failure on the part of the Company to deliver Goods or part thereof within any specified time does not
entitle the Customer to repudiate the contract.
6. Title
6.1 Legal and beneficial ownership of the Goods will not pass to the Customer until such time as the Goods
have been paid in full in cash or cleared funds.
7. Risk and Insurance
7.1 The Goods are entirely at the risk of the Customer from the moment of collection, including where collection
was made by a third party authorised by the Customer.
8. Inspection
8.1 The Customer shall inspect the Goods upon collection or arrange a third party to inspect and collect the
Goods on their behalf.
8.2 Unless the Customer has inspected the Goods and given written notice to the Company within 2 days after
collection, including where collection was made by a third party authorised by the Customer, that the Goods
do not comply with the relevant specifications or descriptions, the Goods are deemed to have been
accepted in good order and condition.
9. Cancellation
9.1 No order may be cancelled, modified or deferred without the prior written consent of the Company (which is
at the Company’s sole discretion). If such consent is given, it is at the Company’s election, subject to the
Company being reimbursed all losses, including loss of profits, and paid a cancellation fee (being not less
than 30% of the invoice price of the Goods).
9.2 No cancellation will be accepted on specially ordered/custom items.
10. Limited Liability
10.1 These Terms do not affect the rights, entitlements and remedies conferred by the Competition and
Consumer Act 2010.
10.2 The Company is not subject to, and the Customer releases the Company from, any liability (including but not
limited to consequential loss or damage) because of any delay in delivery or fault or defect in the Goods. The
Customer acknowledges that the Company is not:
(a) responsible if the Goods do not comply with any applicable safety standard or similar regulation; and
(b) liable for any claim, damage or demand resulting from such non-compliance
10.3 If any statutory provisions under the Competition and Consumer Act 2010 or any other statute apply to the
contract between the Company and the Customer (Contract) then, to the extent to which the Company is
entitled to do so, the Company’s liability under the statutory provisions is limited, at the Company’s option,
to:
(a) replacement or repair of the Goods or the supply of equivalent Goods; or
(b) payment of the cost of replacing or repairing the Goods or of acquiring equivalent goods; and
in either case, the Company will not be liable for any consequential loss or damage or other direct or indirect
loss or damage, including costs to install or remove the Goods.
10.4 The Company is not subject to, and the Customer releases the Company from, any liability for any costs
incurred for the installation or removal of any Goods suspected or confirmed to have a fault or defect as well
as the reinstallation of any subsequent replacement Goods supplied.
10.5 The Customer expressly acknowledges and agrees that it has not relied upon, and the Company is not liable
for, any advice given by the Company, its employees, agents or representatives in relation to the suitability
for any purpose of the Goods.
11. Warranty
11.1 Goods supplied are covered by such warranties as are specified by the manufacturer and supplied subject
to the product standards detailed by the manufacturer, with the exception of sale items on the website,
which are not covered by warranty if so indicated.
11.2 On discovery of any defect in the Goods, the Customer must immediately notify the Company in writing of
such defect. The Customer must not carry out any remedial work to alleged defective Goods without first
obtaining the written consent of the Company to do so.
11.3 If directed by the Company, the Customer must then return the Good/s in question to the place of purchase
for inspection. The Company will then determine the extent of the alleged fault/defect, how the fault/defect
arose and if repair is possible.
11.4 Warranty is void if the fitting was not installed by a qualified electrician.
11.5 The Company does not refund for change of mind or if it was installed contrary to the installation
instructions or contrary to intended use.
11.6 The Company does not offer refunds or exchanges on online only sale items. Online only sale items are void
of warranty. Returns are not accepted on online only sale items.
11.7 The provisions of any act or law (including but not limited to the Competition and Consumer Act 2010)
implying terms, conditions and warranties, or any other terms, conditions and warranties which might
otherwise apply to or arise out of the Contract are hereby expressly negatived and excluded to the full extent
permitted by law.
12. Display and Samples
12.1 Any display product or sample inspected by the Customer is solely for the Customer’s convenience and
does not constitute a sale by sample.
13. Contract
13.1 The terms of the Contract are wholly contained in these Terms and any other writing signed by both parties.
The Contract is deemed to have been made at the Company’s place of business where an order was placed
and any cause of action is deemed to have arisen there.
14. Force Majeure
14.1 The Company will not be liable for any breach of contract due to any matter or thing beyond the Company’s
control (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts
of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention or public authority,
COVID-19 orders/lock-downs, explosion or accident).
15. Waiver of Breach
15.1 No failure by the Company to insist on strict performance of any of these Terms is a waiver of any right or
remedy which the Company may have and is not a waiver of any subsequent breach or default by the
Customer.
16. No Assignment
16.1 Neither the Contract, nor any rights under the Contract may be assigned by the Customer without the prior
written consent of the Company, which is at the Company’s absolute discretion.
17. Severability
17.1 If any provision contained in these Terms is held by a court to be unlawful, invalid or unenforceable, the
validity and enforceability of the remaining provisions are not affected.
18. Goods and Services Tax (GST)
18.1 For the purpose of these conditions “GST” means GST within the meaning of a New Tax System (Goods and
Services Tax) Act 1999 (the Act.)
18.2 All prices quoted or contained in any publication of the Company (including these terms and conditions) are
exclusive of GST unless specifically stated otherwise.
18.3 GST will be added to the price of the Goods and any form of taxable supply at the rate applicable at the time
of supply, and the Company will provide a valid tax invoice.
19. Governing Law
19.1 These Terms and the Contract shall be governed by the law of the Australian Capital Territory and the parties
submit to the courts of the Australian Capital Territory in respect of any dispute arising.