TERMS & CONDITIONS
The terms and conditions of Supply via the Starleaton webstore are as follows:
1. OWNERSHIP AND OPERATION OF THIS SITE
This website is owned and operated by Starleaton Holdings (ABN 87 003 316 247) hereafter Starleaton. See Contact Details for further company information.
2. PAYMENT & CREDIT CARD SURCHARGE
When the purchaser, hereafter the Customer, does not have a credit account, payment for the goods is to be organised prior to delivery. When the Customer has a credit account with Starleaton the customer agrees to pay for products delivered to the Customer within thirty (30) days from the end of month of purchase for consumable products and seven (7 days) from the invoice date for inventory. For the purposes of this clause inventory is defined as any printer, hardware, software or printing system. The Customer agrees that if it does not pay any amount to Starleaton by or on the due date for payment then Starleaton may charge interest at the rate charged by STARLEATON’s bank on unsecured overdrafts over $100,000 plus 2% pa on all overdue monies calculated on a daily basis. Should there be any invoices under dispute, then all remaining outstanding balances are to be paid within 30 days from the end of the month of purchase.
Credit card surcharges apply. For account payments made greater than 14 days after our normal credit terms of 30 days from statement date with the exception of invoices for anything other than Inventory, credit card surcharges are: American Express 3%, Diners Club 4% and Visa/Mastercard 1.5%. For Inventory invoices surcharges apply regardless of the payment date.
The Customer agrees that all expenses, cost and disbursements incurred in recovering any overdue monies, including debt collection agency and solicitor’s fees will be paid by the Customer.
The Customer agrees that Starleaton without notice to the Customer reserves the right to withhold the supply of products, at any time while there are outstanding monies payable by the Customer to Starleaton.
The Customer will be responsible for payment for all goods supplied against their company order or for any order placed by any person in their employ or any agent acting on their behalf.
All pricing is quoted ex GST. Starleaton has the right to amend prices from time to time. Starleaton reserves the right to impose a minimum order value which can be placed on any credit account. Starleaton also reserves the right to impose a surcharge for any goods that are sold as a non-standard pack size.
All prices are subject to any federal, state or other taxes in force at the time of purchase.
5. RETENTION OF TITLE
5.1. Ownership of goods remains with the Starleaton: Ownership of, or title in, the goods will not pass to the Customer until the Customer has paid to Starleaton the invoiced price for all goods in the Customer’s possession at time of payment.
5.2. Continuing security: The Customer agrees with Starleaton that it will treat the security interest in the goods as a continuing and subsisting security with priority over a registered general security and any unsecured creditors.
Personal Property Securities Act
a. PPSA means the Personal Property Securities Act 2009 (Cth) as amended from time to time:
b. A term used in this clause has the same meaning as in the PPSA.
a. In consideration of Starleaton supplying the goods to the Customer, the Customer by signing or otherwise providing consent that it agrees with these Terms and Conditions hereby agrees;
1. To grant to Starleaton at Starleaton’s discretion a security interest or purchase money security interest (PMSI) in the goods;
2. That any goods or proceeds of sale in the goods coming into existence after the date of this application will come into existence subject to:
1. The security interest or PMSI granted in these Terms and Conditions; and
2. These Terms and Conditions; without the need for any further action or agreement by any party;
1. That the Customer has received valuable consideration from Starleaton and that is sufficient; and
2. That the security interest or PMSI has attached or will attach to all goods supplied now or in the future to the Customer when the Customer takes possession of the goods and that the attachment of the security interest or PMSI has not in any way been deferred or postponed from the date of this application.
5.5. Customer to take all steps:
Starleaton may by notice to the Customer at any time require the Customer to take all steps that Starleaton considers necessary or desirable to:
1. Ensure that these Terms and Conditions or any security interest or PMSI arising under them, are enforceable against the Customer or any third party; and
2. Protect, perfect, record, or better secure the position of Starleaton under these Terms and Conditions as a first ranking security.
5.6. Registration and notices:
1. Waives the right to receive a copy of any notice, verification statement confirming registration of a financing statement or a financing change statement relating to the security interest or PMSI under these Terms and Conditions, unless the notice or statement is required by law and cannot be excluded; and
2. Agrees to comply with any notice from Starleaton under this clause at its cost and expense.
The Customer agrees:
i. Not to allow any person to register a financing statement over any of the goods supplied by the Customer without prior written consent of Starleaton; and
ii. That it must immediately notify Starleaton if it becomes aware of any person taking steps to register a financing statement in relation to the goods.
1. The Customer agrees to perfect and maintain any security interest or PMSI that it may have in the goods under the PPSA.
5.7. No accessions or commingling of goods:
The Customer must not allow the goods to become accessions or commingled with other goods unless Starleaton has first perfected any security interest or PMSI that the Customer has in relation to the goods.
If STARLEATON perfects any security interest or PMSI that Starleaton has in relation to the goods, the Customer must not do anything that could materially adversely effect:
a. Starleaton’s business; or
b. In the opinion of Starleaton, its security position under these Terms and Conditions.
5.9. Right of entry:
The Customer irrevocably grants to Starleaton the right to enter on the Customer’s property or premises, without notice, and without being in any way liable to the customer or to any third party, if Starleaton has cause to exercise any of Starleaton rights under section 110 of the PPSA, and the customer indemnifies Starleaton from any claims made by any third party as a result of the exercise.
5.10. Contracting out of enforcement provisions:
If Chapter 4 of the PPSA would otherwise apply to the enforcement of a security interest arising out of these Terms and Conditions, Starleaton and the customer agree that in accordance with section 115 of the PPSA, the following sections do not apply to the enforcement of that security interest; section 95, 121(4) and 130.
5.11. Payments made in respect of the goods:
Despite any statement to the contrary by the customer, every payment to Starleaton in respect of the goods must be taken as a payment:
1. First, of the amounts held by the Customer in trust or subject to a security interest, to the extent that the security interest is not a PMSI;
2. Secondly, of amounts subject to a security interest, to the extent that it is a PMSI;
3. Thirdly, for any goods that the Customer has sold but for which it has not received the proceeds; and
4. Fourthly, for whatever goods the customer has not sold as Starleaton elects.
STARLEATON and the Customer may not disclose any information of a kind referred to section 275(1) that is not in the public domain.
5.13. If the Customer is insolvent:
If the Customer becomes insolvent, without prejudice to any other rights of Starleaton:
1. TheCustomer’s right to sell the goods in the ordinary course of business in accordance with the PPSA and any other rights of the Customer in respect of the goods immediately cease; and
2. The customer must immediately return to Starleaton the goods in which title has not passed as provided for under clause
The risk for the goods passes to the Customer on delivery, however title to the goods shall remain with Starleaton until payment is received in full for all outstanding invoices. The Customer agrees that at any time Starleaton has the right to reclaim possession of the goods in the event that full payment is not received.
STARLEATON endeavours to ship all goods promptly on receipt of an order, but may make partial deliveries of any order received. Any delivery dates quoted are estimates and Starleaton is not liable for any costs, loses or damage arising whether directly or indirectly from non or late delivery of any goods ordered. The risk for the goods passes to the Customer on delivery.
7. EXCHANGE OR RETURN OF GOODS
Return of goods will not be accepted unless Starleaton has issued a Return Authorisation Number. Any claims by the Customer against Starleaton arising from product sold must be commenced within 7 days of delivery of such goods or such longer period allowed by law that cannot be lawfully excluded. A 15% re-stocking fee applies on goods returned that have been incorrectly ordered. The liability of Starleaton arising from a breach of any condition or warranty in relation to the products sold to the Customer is limited at the option of Starleaton to replacement of products or replacement with equivalent products or payment of the cost of replacing the products or of acquiring equivalent products.
The Customer agrees that apart from any rights and remedies implied by the Competition and Consumer Act 2010 and any other law that cannot be lawfully excluded, all conditions and warranties, provided by statute or otherwise are excluded concerning the products.
8. CHANGE IN OWNERSHIP
The Customer agrees to notify Starleaton in writing of any changes of ownership or directorships of the Customer within 7 days from the date of such change and indemnifies Starleaton against any loss or damage incurred by it as a result of the Customers failure to notify Starleaton of any change. Notification of a change does not affect any liability of the Customer or Director.
9. USE OF THIS SERVICE
The Customer agrees to keep account and password information confidential and agrees to accept responsibility for all activities that occur under the Customer’s account or password. The Customer agrees to send all requests for cancellation of login details, for any reason, to email@example.com.
10. PRODUCT STARLEATONCRIPTION
Starleaton takes all care to insure the listed product descriptions are as accurate as possible but in the event of an inaccurate or incomplete description takes no responsibility for any losses or damages arising from such errors. The Customer may however return the item for a full refund in accordance with the Exchange or Return of Goods policy above.
11. STOCK LEVEL
Starleaton takes all care to insure that adequate stock levels are maintained to fulfill the requirements of our customers. If however goods ordered are not available at time of order the Delivery policy set out in Point 6 above applies.
12. CANCELLATION OF ACCOUNTS/ORDER
STARLEATON reserves the right to refuse service, terminate accounts or cancel orders at its sole discretion.
13. GOVERNING LAW
The Customer agrees that any and all use of this service is governed by the terms and conditions here-in and the laws of Australia and the state of New South Wales and agrees to submit to the non exclusive jurisdiction of the courts of New South Wales.
14. COPYRIGHT AND TRADEMARK
The information on this site is protected by the copyright and trademark laws of Australia and other countries through international law and treaties. No copyrighted or trademarked material on this site may be used or reproduced without prior written consent of Starleaton or any 3rd party copyright or trademark owners.
15. REVISION TO THE TERMS AND CONDITION
Starleaton reserves the right to revise or amend these Terms and Conditions at its sole discretion and will post any such revisions or amendments to this webpage.
Starleaton aims to represent the products as best we can through images, although in some cases the image provided may be an indication of the product only- not a true representation.