Terms & Conditions
Please read and examine closely the following terms and conditions carefully before placing your order. When you place an order you will be bound by our terms and conditions of sale. If you don’t agree, please do not proceed with your order. This site is provided as a service to our customers. Please review the following terms and conditions of use, which govern your use of the Web site, hereinafter referred to as the “Agreement”. The services that Sanitiser Solutions Australia provides to you, the User, is subject to the following Agreement. We reserve the right to update or modify this Agreement at any time without prior notice to the User. For this reason, we encourage you, the User, to review the Agreement whenever you use the Site. The most current version of the Agreement can be reviewed by clicking on the “Terms and Conditions” section of the Sanitiser Solutions Australia website and we recommend reviewing the Agreement whenever you use the Site. If you do not agree to these terms, please do not use the Site.
Placement of Order
- The Buyer orders the Goods from the Seller in writing.
- Each order must specify:
- The date of the placement of the order; and
- The quantity and description of the Goods ordered; and
- A preferred delivery date for the Goods (Delivery Date).
- The Goods will be delivered to the Delivery Address.
- An order may only be varied as agreed in writing between the Buyer and the Seller. The Seller reserves its right to increase the price in relation to a varied order.
Delivery of orders
The Seller will use its best endeavors to deliver each order to the Delivery Address between the hours of 9 am to 5 pm on any day Monday to Friday (other than public holidays) at a time agreed by the Seller and Buyer.
- Unless stated otherwise, the Price is exclusive of GST.
- The Buyer must pay the Price, plus the requisite GST, in relation to each order to the Seller at the time of checkout unless otherwise agreed between the buyer and seller in writing prior.
- The Buyer must pay the Price by electronic funds transfer to the Seller’s nominated bank account, notified to the Buyer in writing.
- The Buyer must pay interest on any outstanding amount not paid by the Payment Due Date. Interest will be calculated on the basis of the Reserve Bank of Australia interest rate as published from time to time plus 10%. Interest will accrue daily from the Payment Due Date until the outstanding amount is paid in full.
The seller warrants the quality of the goods for the period advertised per product.
The Seller’s warranty is void if the Buyer misuses the Goods or does not follow the instructions provided by the Seller for the use of the Goods.
Buyer must raise a query in relation to goods defective at the time of delivery immediately, within 24 hours and are required to take photos and provide to seller.
If the Seller does not accept that Goods are defective, then the parties will use all reasonable commercial efforts to resolve the dispute consensually but if they fail to resolve the dispute within 30 days of notice having been given to the Seller of the defect the dispute is to be resolved in accordance with “ Resolution of Disputes”
If Goods are defective the Seller may (at its discretion) replace the Goods at no additional cost to the Buyer. This is the only remedy available to the Buyer in relation to the supply of defective Goods.
Returns, Exchanges & Refunds
Returns and exchanges must be authorised by a Sanitiser Solutions Australia in writing and are subject to the following conditions:
(a) Returns of stocked items that are incorrectly ordered may be accepted within 7 days from date of delivery;
(b) Returns of non-stocked items (special orders) that are incorrectly ordered may not be accepted. This will be at the discretion of a Sanitiser Solutions Australia;
(c) Proof of purchase must be provided;
(d) Returned products will incur freight charges and re-stocking fees;
(e) Returned products must be of merchantable quality with original packaging, unless the issue relates to faulty product or the product is under warranty; and
(f) Returned products may be subject to manufacturer’s warranty conditions. Face Masks, Hand Sanitiser Stations and Hand Sanitiser are non returnable items. For information and conditions about guarantees and warranties please refer to Sanitiser Solutions Australia invoice.
Should you have a major problem with a product, you may be entitled to a replacement or refund as follows:
(a) Replacement products will be of an identical type to the product originally supplied, subject to availability.
(b) Refunds will be the same amount you have already paid, provided in the same form as your original payment.
(c) We may take into account how much time has passed since you bought the product considering the following factors; type of product, the quantity of the product originally supplied, how you are likely to use the product, the length of time for which it is reasonable for the product to be used and the amount of use it could reasonably be expected to tolerate before the failure becomes noticeable.
The liability of Sanitiser Solutions Australia in respect of any breach of or failure to comply with any right or guarantee that you may have under the Australian Consumer Law or other rights in relation to the supply of goods or services (such as terms implied into a contract) that cannot lawfully be excluded is limited to the following:
(a) In the case of goods, to:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired.
(b) In the case of services, to:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
Passing of title
a) Title to the Goods constituting an order passes to the Buyer free of encumbrances and all other adverse interests upon receipt by the Seller of payment in full of the Price.
b) Until title to the Goods constituting an order passes to the Buyer, the Seller holds a security interest in the Goods and all proceeds from the sale of the Goods as contemplated under the Personal Property Security Act 2009 (Cth).
The Seller warrants to the Buyer that:
i) The execution, delivery and performance by the Seller of its obligations under this Agreement and the consummation of the transactions contemplated in it are within the Seller’s corporate powers and have been authorised by all necessary corporate action on its part; and
ii) This Agreement is a legal, valid and binding obligation of the Seller, enforceable against the Seller in accordance with its terms.
b) The Buyer warrants to the Seller that:
i) The execution, delivery and performance by the Buyer of its obligations under this Agreement and the consummation of the transactions contemplated in it are within the Buyer’s corporate powers and have been authorised by all necessary corporate action on its part; and
i) This Agreement is a legal, valid and binding obligation of the Buyer, enforceable against the Buyer in accordance with its terms.
Personal Property Securities Act 2009 (Cth) (PPSA)
a) This agreement is a security agreement.
b) The interest of the Seller in the Goods and all proceeds from the sale of the Goods by the Buyer to a third party is a security interest.
c) The Buyer consents to the Seller registering its security interest on the Personal Property Securities Register and agrees to provide all assistance reasonably required by the Seller to facilitate registration.
d) Until title in the Goods has passed to the Buyer as contemplated by clause 6, the Buyer agrees not to in any way assign, charge, lease or otherwise deal with the Goods in such a manner as to create a security interest over the Goods in favour of the Buyer or any third party. The parties agree that this clause will not prohibit the Buyer from selling the Goods in the ordinary course of business.
e) The Buyer waives its rights to receive any notice under the PPSA (including notice of verification statement) unless the notice is required by that Act and cannot be excluded.
f) The Seller and Buyer agree that this agreement and all related information and document(s) are confidential (Confidential Information) and will not be disclosed to unauthorised representatives or third parties, except to the extent disclosure is permitted by this agreement or required by law. The Seller and Buyer agree that the Seller will not disclose the Confidential Information pursuant to a request under section 275(1) of the PPSA.
g) Unless the Goods are used predominantly for personal, domestic or household purposes, the Seller and the Buyer agree each of the following requirements or rights under the PPSA do not apply to the enforcement of the Seller’s security interest in the Goods or of this agreement:
i) Any requirement for the Seller to give the Buyer a notice of removal of accession;
ii) Any requirement for the Seller to give the Buyer a notice of the Seller’s proposed disposal of the Goods;
iii) Any requirement for the Seller to include in a statement of account, after disposal of the Goods, the details of any amounts paid to other secured parties;
iv) Any requirement for the Seller to give the Buyer a statement of account if the Seller does not dispose of the Goods;
v) Any right the Buyer has to redeem the Goods before the Seller exercises a right of disposal; and
vi) Any right the Buyer has to reinstate this agreement before the Seller exercises a right of disposal of the Goods.
h) Expressions defined in the PPSA have the same meaning when used in this agreement.
Resolution of Disputes
a) If a party considers that a Dispute has arisen, it may give a notice to the other party. The notice must set out reasonable particulars of the Dispute.
b) Promptly after the receipt of a notice of a Dispute, the representative of each party must meet to discuss the Dispute and negotiate in good faith to resolve the Dispute without resorting to any legal proceedings.
c) If the parties do not resolve the Dispute in accordance within 10 days of receipt of the notice of the Dispute, either party may request that the Dispute be escalated to the chief executive officers of each party who must negotiate in good faith to resolve the Dispute without resorting to any legal proceedings.
d) If the chief executive officers of each party have not resolved the Dispute within 30 days from the date of escalation of the Dispute under clause 15(c), either party may commence legal proceedings.
e) Compliance with this clause 16 is a condition precedent to a party’s entitlement to commence legal proceedings in relation to a Dispute.
f) For the purposes of this clause 15, Dispute means any dispute which arises out of or relates to each party’s obligations or this Agreement, including without limitation the entry into, breach, termination or validity of this Agreement.
We have made every effort to display as accurately as possible the colours of our products that appear on the Site. Due to inconsistencies of electronic screens, we cannot guarantee that your computer monitor’s display of any colour will be accurate, and this is why we recommend purchasing a product sample before finalising an order.
Unless otherwise noted, the Site, and all materials on the Site including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by Seller and its suppliers. You the User are permitted to download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You, the User, may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site. Unless otherwise specified, the Site and the Contents are intended to promote Seller products and services available in the countries in which it operates. The Site is controlled and operated by Sanitiser Solutions Australia from its Head Office in Sydney, Australia.
Product Descriptions and Images
“Seller” reserves the right to alter, or change from time to time, descriptions, product information, product images or prices without notice to you. While “Seller” strives to ensure the accuracy of product information on this website, vendors occasionally alter products, packaging or ingredients without updating the website. Actual products and packaging may differ from the descriptions contained on this site. You should not rely solely on information contained on this website before ordering or using a product. Image accuracy is not guaranteed. Please do not rely on the image for your purchase.
Errors or omissions, if any, are not intentional.
Pictures are for illustrative purposes only.
These terms are effective unless and until terminated by either you or Seller. You may terminate this Agreement at any time. Seller also may terminate this Agreement at any time without notice at its sole discretion, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.