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Limitation of Liability
Proprietary rights
Export Limitation
Legal Provisions
Returns Procedure

The following words and expressions shall have the meaning set out opposite unless the context shall require otherwise:
i.Prunustoft means Registered Sole Trader and or any approved associated subsidiary or group of companies Prunustoft associates with or on behalf of.
ii.Customer” means the person who buys or agreed to buy or in any way purchase Products, Goods, Service or Livestock from Prunustoft.
iii.Products, Goods, Service or Livestock” means the goods or service supplied by Prunustoft to the Customer.
iv.GST” means a goods and service tax imposed by legislation enacted by Australian consumer laws.
v.Price” means the price referred to in Clause 3.1.2.

i.Any order for Products shall be deemed to be an offer by the Customer to purchase Products, Goods, Service or Livestock pursuant to these terms and conditions.
ii.The contract between Prunustoft and the Customer in respect to the Products, Goods, Service or Livestock comes into existence when Prunustoft has accepted the Customer’s order in accordance with the terms and conditions herein.
iii.These terms and conditions shall not be altered, modified or varied unless expressly agreed to in writing by an authorised representative of Prunustoft.                                                                        Back Top

3. Price
i.The price shall be issued by Prunustoft at the time of the Customer placing the order and for Australian customers only it shall include GST (on taxable supplies) and delivery charges.
ii.All price list catalogues advertising matter or similar materials issued by Prunustoft are indicative only as to the price and range of products available from time to time and information contained therein shall not be binding on Prunustoft.
iii.Prunustoft reserves the right to amend quoted prices and delivery charges at any time prior to delivery.

4. Payment (Pre Arranged Credit Accounts)
i.Prunustoft will issue invoices on the day of despatch of the products.
ii.Unless otherwise agreed the Customer shall pay the Price and any other sums due in respect of the Products, Goods, Service or Livestock within 14 days of receiving Prunustoft invoice.
iii.In the event of late payment Prunustoft reserves the right to charge interest on overdue amounts at an interest rate similar to that charged by the Westpac Bank on personal credit cards (Standard Master / Visa Card Rate) (currently of 14.70%).

5. Delivery
i.Delivery times quoted are estimates only and time shall not be of the essence of the contract. In no circumstances shall Prunustoft be liable to compensate the Customer in any way for late delivery or non-delivery of the Products, Goods, Service or Livestock.
ii.Prunustoft shall be entitled to deliver the Products, Goods or Service in one or more consignments unless otherwise expressly agreed.
iii.Delivery shall be deemed to take place when the Products, Goods, Service or Livestock arrive at the Customers premises.
iv.All risk in the Products, Goods or Service shall pass to the Customer or its appointed agent at the time of delivery.

6. Title
i.In spite of delivery having been made title in the Products, Goods, Service or Livestock, shall not pass to the Customer until the Customer shall have paid all sums due to Prunustoft.                                         Back Top
ii. Prior to title in the Products, Goods, Service or Livestock passing to the Customer. The Customer shall hold the Products, Goods, Service or Livestock as fiduciary agent to Prunustoft and shall keep the Products, Goods, Service or Livestock separate from any other Products, Goods, Service or Livestock properly stored or otherwise cared for and insured and clearly identified and shall bear the costs thereof.

7. Returns
i.In removing the Products, Goods, Service or Livestock from any packaging or wrapping or the taking the delivery of, the Customer shall be deemed to have accepted the Products, Goods, Service or Livestock and agreed to be bound by these terms and conditions specifically those referred to in clauses 7.ii to 7.v hereunder.
ii.The Customer shall inspect the Products, Goods, Service or Livestock immediately on delivery and shall within 5 days of date of recept of invoice notify Prunustoft of any damaged goods defects or discrepancies.
iii.Any damaged defective or unopened Products, Goods, Service or Livestock to be returned to Prunustoft must be returned within 7 days of delivery.
iv.If the Customer returns any Products, Goods, Service or Livestock within 7 days after the delivery date, Prunustoft will make good by repair or at Prunustoft sole option, replacement of any Product, or Goods, which under proper use are or become defective within a period of 12 months from date of delivery.
v.Before returning any products to Prunustoft for whatever reason, a Return Authorisation Number (Prunustoft number) must be obtained and the returns procedures and conditions detailed below must be followed. Please note that RA numbers are valid for 14 days only.

8. Limitation of Liability
i.P Prunustoft liability (if any) whether in contract tort or otherwise in respect of any defect in the Products, Goods or Service or for any breach of this Agreement or of any duty owed to the Customer in connection herewith shall be limited in the aggregate to the price of the Products, Goods, Service or Livestock in question.                    Back Top

9. Proprietary rights
i.Products, Goods, Service or Livestock are sold subject to the rights of any person whether in respect of any patent trademark registered design copyright confidential disclosure or otherwise to prevent or restrict the sale or use of the Products, Goods, Service or Livestock in any part of the world and the Customer will in this respect accept such title to the Products, Goods, Service or Livestock as Prunustoft may have.
ii.The Customer hereby acknowledges that failure to comply with such terms and conditions may result in the Customer being refused any mentioned licence or having the same revoked by the proprietary owner. The Customer hereby further agrees to indemnify Prunustoft in respect of all cost charges or expenses incurred by Prunustoft as a result of any breach by Customer of such conditions.

10. Export Limitation
i.Certain Products, Goods, Service or Livestock supplied by Prunustoft may have been purchased from the United States of America under certain agreements, which restrict or forbid subsequent re-exportation from Australia. The Customer will not export any Products, Goods, Service or Livestock supplied by Prunustoft without first obtaining all appropriate approval from relevant authorities.

11. Waiver
i.The failure of Prunustoft to enforce or to exercise at any time or for any period of time or any right arising pursuant to this Agreement does not constitute and shall not be construed as a waiver of such term or right.

12. Force Majeure
i.Neither party shall be liable for any default due to any act by any of the Gods, war, strike, lockout, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.         Back Top

13. Notices
i.Any notice given under or pursuant to the contact may be sent by hand or by post or by registered post or by recorded delivery or transmitted by facsimile, e-mail plumtree_robert(at)hotmail.com  or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the face here of or such other address as the party may by notice to the other have substituted therefore shall be deemed validly and effectively given on the day when in the ordinary course of the means of transmission it would first be received by the addressee in normal business hours.

14.Legal Provisions
i.The laws of Australia governs the construction validity and performance of this Agreement. 

15.Clause Headings
i.Clause headings are for convenience only and do not form part of or affect the interpretation of this Agreement.

Returns Procedure
1.First you must obtain a Return Authorisation Number (RA number). For all inquires please call our Customer Service Department on 61 +3 6435 4616 or contact us by email: plumtree_robert(at)hotmail.com
2. In order to expedite returns some products are referred to the manufacturers who will deal with the return themselves.
3. We will only accept Products, Goods, Service or Livestock that are in a “Returnable Condition”.
4. For Products, Goods, Service or Livestock to be in a Returnable Condition they must be returned to us with all items included in the original sale including manuals, cables, disks, and any other items or progeny.
5. For Products, Goods, Service or Livestock being returned for a refund, the original product packaging or other equipment supplied at time of purchase, must also be returned in a suitable condition.
6. The Products, Goods, Service or Livestock must be adequately wrapped or transported to prevent damage during transit with the RA Number clearly marked or attached on the outside of the package. It would help us to speedily process your return if you also enclosed a detailed note of the fault.                                                              
7. Send e-mail regarding Products, Goods, Service or Livestock to:
Prunustoft Customer Service Department
PO Box 1533
Buddina, Qld 4575

8. Prunustoft does not accept liability for packages or livestock damaged during transit and proof of postage is also not proof of delivery. You are therefore strongly advised to send your returns by recorded delivery, registered post or livestock transport or courier and maintain sufficient insurance to cover the value of the Products, Goods, Service or Livestock. The cost of return carriage is to be borne by the customer.
9. On receipt of your returns, the Products, Goods, Service or Livestock will be tested for the stated fault and actioned accordingly. Products, Goods, Service or Livestock found to be in full working order will be returned to the Customer.
10. Products, Goods, Service or Livestock that are not defective or damaged and accepted by Prunustoft for restocking are subject to a 15% restocking charge.


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