What are Your Terms and Conditions ?
The purchasers of products and/or services from Perfect Pens and Pencils are subject to the following terms and conditions. The term "Purchaser" shall mean the party placing an order with Perfect Pens and Pencils and identified as such in any document attached hereto, this document and all attachments are hereinafter referred to as "this Agreement".
The terms and conditions set forth in this agreement shall constitute the entire agreement between Perfect Pens and Pencils and Purchaser relating to the sale of the products and/or services described in any attachment, or in an subsequent purchase or sales order. No conflicting or final terms or conditions which may appear in any order or other document of Purchaser shall be of any force or effect unless accepted and agreed to in writing by us Perfect Pens and Pencils.
The prices under this agreement are subject to change and inclusive of GST. The prices set forth shall be in effect until notice from Perfect Pens and Pencils. Perfect Pens and Pencils reserves the right to adjust prices at its discretion with proper notice to Purchaser.
Unless otherwise directed by the Purchaser, Perfect Pens and Pencils will add all postage and or shipping charges to the Purchase and invoice the Purchaser for all postage, shipping and handling charges. The Purchaser is responsible for all shipping Insurance, shipping agents fees, transfer fees, taxes and duties and should advise their intentions on purchase. The Purchaser assumes all risk of loss during delivery of the Products by Perfect Pens and Pencils to the carrier or during shipping. In the absence of instructions to the contrary, Perfect Pens and Pencils, on behalf of the Purchaser, shall exercise its own discretion as to the method of shipping to be used and the selection of the carrier, but shall not be deemed thereby to assume any liability in connection with the shipment nor shall the carrier thereby be deemed an agent of Perfect Pens and Pencils.
Terms of Payment
Except as otherwise stated in any attachment, terms are net due upon purchase. Payment methods accepted are PayPal, Direct Deposit, Cash (For Customer Pickup Only). Buyer shall pay invoice within 5 days before the order is terminated to free up allocated stock.
No PayPal or Direct Deposit charges are passed on to you the customer. Direct deposit payments may take 1-2 days to clear dependent on banks or credit unions processing times
Disclaimer and Limitation of Liability
Perfect Pens and Pencils shall in no event be liable for damages, including but not limited to incidental or consequential damages, for injury to any property or to any person, by reason of the person's negligence or otherwise in connection with the safe, delivery, installation or use of the products and/or provision of services pursuant to this agreement, and purchaser shall indemnify and hold harmless Perfect Pens and Pencils against further liability. Without limiting the generality of the foregoing, Perfect Pens and Pencils shall in no event be liable for lost profits arising out of, or in connection with, this agreement. Neither Perfect Pens and Pencils nor purchaser shall be liable for delay in the performance of any of its obligations under this agreement arising out of causes beyond its control, including but not limited to acts of God, governmental action, fires, floods, epidemics, quarantines, strikes, embargoes, or severe weather.
General Provisions and Governing Law
This agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. Neither this agreement nor any variation or modification of this agreement or waiver of any of the terms or provisions hereof shall be deemed valid and binding upon Perfect Pens and Pencils unless in writing, signed by us of Perfect Pens and Pencils and delivered by Perfect Pens and Pencils to the Purchaser. Failure by either party to enforce the terms hereof shall not be deemed a waiver of future enforcement of that or any other term. This agreement shall be construed and enforced in accordance with the procedural and substantive Laws in Queensland, Australia (with the exception of the conflicts of law's provisions of each state).
Notices under this agreement shall be in writing and forwarded registered or certified mail, postage prepaid. Notices to Perfect Pens and Pencils shall be addressed to Perfect Pens and Pencils; 13 Teak Street Shailer Park Queensland 4128. Notices to purchaser shall be to the Purchaser's principal business address or at its address set forth on the face of this agreement.