1.1 In these Terms:
“Company” means [Cast a Memory]
“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
2.1 Prices are determined at the time of order and, prior to payment of the deposit, are subject to change without notice.
3.1 Payments are to be made to Cast a Memory Pty Ltd.
3.2 A minimum deposit of 50% of the invoice price must be paid at the time of casting appointment.
3.3 The balance of the invoice price must be paid in full within 14 days after appointment date. Frame orders will only be placed with the custom framer once the full 100% of invoice price has been paid.
3.4 Should the invoice not be paid within the invoice period, the Customer will receive a phone call reminder from Cast a Memory franchise owner to pay the outstanding invoice, if the customer does not pay the outstanding invoice Cast a Memory Pty Ltd will post unfinished hand and feet impressions (sculptures) to customer and customer forfeits any deposit paid.
4.1 The Customer must, within 14 days of being notified of their availability, collect or accept delivery of the Goods and pay the balance of the invoice price.
4.2 If the Customer fails to collect the Goods or accept delivery within 14 days of being notified of there availability, Cast a Memory may terminate this contract, keep the deposit and return the frame to the supplier.
4.3 The Company reserves the right to charge the Customer storage on goods not collected or delivered within 14 days of notification of their availability at the rate of $15.00 per week or part thereof. Storage of goods is off Cast a Memory’s premises hence the storage fee applies.
4.4 Cast a Memory Pty Ltd take care in packaging goods to ensure their protection is transit. Cast a Memory Pty Ltd take NO responsibility for breakages or damages that occur during transit and customer should contact carrier directly should damage have occurred.
4.1 Unless the Customer has inspected the Goods and given written notice to the Cast a Memory within 24 hours after collection or delivery 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.
5. Limited Liability
5.1 These Terms do not affect the rights, entitlements and remedies conferred by the Trade Practices Act 1974.
5.2 Cast a Memory is not subject to, and the Customer releases the Cast a memory 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 Cast a Memory 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.
5.3 If any statutory provisions under the Trade Practices Act 1974 or any other statute apply to the contract between Cast a Memory and the Customer (Contract) then, to the extent to which Cast a Memory is entitled to do so, Cast a Memory’s liability under the statutory provisions is limited, at Cast a Memory’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, Cast a Memory will not be liable for any consequential loss or damage or other direct or indirect loss or damage.
6. Force Majeure
6.1 Cast a Memory will not be liable for any breach of contract due to any matter or things beyond Cast a Memory’s control (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, strikes, lock-outs, work stoppages,riots or civil commotion, intervention or public authority, explosion or accident.