Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Nearco Supplies Pty Ltd's relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
The term ‘Nearco Supplies Pty Ltd’ or 'Nearco Supplies' or 'Nearco' or ‘us’ or ‘we’ refers to the owner of the website whose ABN is 85 635 131 672. The term ‘you’ refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:
Order Acceptance Policy
General
Even though you may have received an electronic or other form of order confirmation, this does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Nearco Supplies reserves the right at any time after receipt of your order to accept or decline your order for any reason.
Fraud
Nearco Supplies is committed to minimising the impact of fraud on our business and our customers. If you attempt to commit any type of fraud, we will report this to the relevant federal authority for investigation and prosecution. Rest assured that we do have very careful screening processes and we may require additional verifications or information before accepting any order.
Terms and Conditions of Sale
Customer Acknowledgement
The Customer acknowledges agreement with these Terms and Conditions of Sale by the placement of an order to purchase product from Nearco Supplies Pty Ltd, ABN 85 635 131 672.
This contract of sale is between the entity named on the invoice (the “Customer”) and Nearco Supplies.
All goods are supplied on these terms and conditions only and no person in the employment or otherwise as agent for Nearco Supplies has any authority to supply goods on any other terms and conditions or to vary these terms and conditions in any way whatsoever. Previous dealings shall not vary or negate these terms and conditions in any respect.
Return or Exchange of Goods
For full details, go to Returns Policy.
Warranty Information
For full details, go to Warranty Information.
Refund Policy
For full details, go to Returns Policy.
Delivery of Goods
We place great importance on the fast and reliable delivery of Customers orders, however please note that delivery times are estimates only and Nearco Supplies shall not be liable for delays.
If the Customer fails or refuses to take delivery of the goods, then in addition to all other rights and remedies of Nearco Supplies, the Customer shall be liable for all loss and damage (including consequential loss and damage) suffered or incurred by Nearco Supplies as a result thereof and Nearco Supplies, at its discretion may charge a restocking fee of up to 30% of the purchase price.
The goods shall be at the Customers risk at the point of delivery. The Customer, upon taking delivery of the goods, shall immediately examine the goods and give written notice to Nearco Supplies of any defect within five (5) days of such date, failing which the goods shall be deemed to have been delivered in good order and condition and accepted by the Customer.
Title of Goods
The goods shall remain the sole and absolute property of Nearco Supplies as legal and equitable owner and the Customer shall hold such goods as bailee only until such time as the Customer shall have paid the full price. The Customer shall be liable to Nearco Supplies in respect of any loss or damage to the goods during such bailment.
Payment
The price shall be paid by the Customer in full without any deduction in respect of any claimed set-off or counterclaim (including any such set-off or counterclaim on account of any delay on the part of Nearco Supplies in delivering any part of the goods) on or before the payment date.
In addition to any other rights or remedies of Nearco Supplies in the event of the Customer’s default hereunder, Nearco Supplies shall be entitled:
a) To charge and recover costs incurred for the collection of payment (such as but not limited to collection agency fees and legal costs), cheque dishonour fees, interest at the current bank overdraft rate plus two percent per annum from the due date for payment until payment in full;
b) To immediately and without notice retake possession of the goods (and for such purpose the Customer irrevocably licenses Nearco Supplies, its employees, contractors, servants or agents to enter upon the premises at which the goods are located to so retake possession) and resell the goods after seven (7) days written notice to the Customer and thereafter recover from the Customer any amount by which the resale price is less than the price agreed to be paid by the Customer, together with all costs and expenses suffered or incurred by Nearco Supplies as a result of the Customer’s default;
c) At the sole discretion of Nearco Supplies charge a restocking fee of up to 30% of the purchase price.
d) At the sole discretion of Nearco Supplies put the Customer account credit on hold and suspend the supply of goods and services (including RA).
Errors and Omissions
At Nearco Supplies, we work hard to offer you the most competitive pricing and accurate product information. Because of the dynamic nature of this industry (e.g. vendor price changes and other variables beyond our control), prices, promotions, versions and availability advertised are subject to change without prior notice. Please be assured of our every effort to ensure the accuracy; however the documents and graphics published may contain technical inaccuracies or typographical errors. Nearco Supplies makes no representations about the suitability of this information; it is provided “as is” without warranty of any kind. If an error is made or a product is listed at an incorrect price, Nearco Supplies shall maintain the right to refuse or cancel any orders placed. If the order has been confirmed and charged to your credit card, Nearco Supplies shall immediately issue a refund.
Limitation of Liability
Nearco Supplies, shall under no circumstances be liable for special, incidental, or consequential damages including loss of profit or opportunity, even if it has been advised of the possibility of such damages: the maximum liability for all direct damages, if any, arising out of any action shall be limited to an amount not to exceed the purchase price of the product.
Subject to any applicable Commonwealth or State Legislation, Nearco Supplies’s liability for any such breach shall be limited, at its sole discretion, to any of the following:
a) Replacement of the goods or any part thereof;
b) Supply of equivalent goods or any part thereof;
c) Repair of the goods or any part thereof;
d) Payment of the cost of replacing the goods or acquiring equivalent goods or any part thereof;
e) The payment of the cost of having the goods or any part thereof repaired; or
f) Refund of the goods upon return.
All Sales Made in Victoria
All sales shall be deemed made in the state of Victoria of Australia regardless of the location of the Customer. The Customer agrees that any dispute with Nearco Supplies shall be brought by the Customer exclusively in the state or federal courts situated in the State of Victoria.
General
Nearco Supplies warrants that it has good title to all products it sells.
In the event any section or portion of a section of these Terms and Conditions of Sale are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms and Conditions of Sale, and the remaining terms shall continue in full force and effect.
