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Terms and Conditions
RebelDirect - Terms and Conditions
  1. DEFINITION - "REBEL SPORT" or "REBEL DIRECT" means REBEL SPORT LIMITED." "Customer" means the person(s) who has requested the supply of goods by REBEL SPORT LIMITED and, unless the contrary is proven, to whom the goods are invoiced. "Orders" means all orders (written or oral) placed by the Customer or its servants or agents for the supply of goods by REBEL SPORT LIMITED, being orders which are accepted by REBEL SPORT LIMITED, in its absolute discretion.

  2. GENERAL - These terms and conditions apply to all sales of goods by REBEL SPORT LIMITED despite any contrary terms in any documents of the Customer. Acceptance of delivery of the goods indicates the Customer's acceptance of terms unamended.

  3. SALES - All sales are firm. REBEL SPORT LIMITED does not sell on 'sale or return' basis, and no employee or agent of REBEL SPORT LIMITED has any authority to offer such terms or alter any condition of sale. In addition, orders are non-cancelable. The minimum order value is $250.00 (plus GST).

  4. TERMS AND PAYMENT - Normal Trading terms are net cash thirty (30) days from statement date (or invoice date where no statement is issued) subject to the completion of a credit account application form. REBEL SPORT LIMITED reserves the right to charge interest on accounts due and unpaid thirty days from invoice date at the rate of 2% per month and continuing.

    REBEL SPORT LIMITED also reserves the right to suspend deliveries of further goods if the terms of payment are not strictly adhered to by the Customer. Please note should your account exceed our trading terms and be handed over for collection all costs including commission, solicitor's fee and any out of pocket expenses will be the liability of the Customer.

  5. OWNERSHIP OF GOODS - The following are separate and dependant conditions, namely that:

    a) Ownership and property of the goods shall, not withstanding delivery to the Customer, only pass from REBEL SPORT LIMITED to the Customer when payment in full ("Payment") for the goods has been received by REBEL SPORT LIMITED (whether or not the goods are delivered in installments and some have been paid for the by Customer) and until such time the Customer shall pay separate storage or some other means to ensure that the goods are readily identifiable as the property of REBEL SPORT LIMITED and shall keep the goods as bailee for and on behalf of REBEL SPORT LIMITED.

    b) Payment shall become due immediately upon the commencement of any act or proceeding in relation to the Customer's insolvency.

    c) If payment is not made within three (3) days of final demand in writing made by REBEL SPORT LIMITED the Customer irrevocably authorises REBEL SPORT LIMITED, without prejudice to any other remedies REBEL SPORT LIMITED may have, to enter the premises where the goods are stored and re-take possession of the goods.

    d) Not withstanding the above, until REBEL SPORT LIMITED has received full payment for the goods the Customer shall be entitled to offer for sale and sell the goods in the ordinary course of business as principal not agent at the best obtainable price and will be legally and beneficially entitled to the proceeds of sale to the extent of any payments due to REBEL SPORT LIMITED and the Customer must keep the proceeds of any such sale separate from its own money and account to REBEL SPORT LIMITED for such proceeds according to the rule of common law.

    e) Not withstanding the above, all risk in the goods passes to the Customer on delivery to the carrier or any Customer. The Customer shall at its own expense insure the goods against any damage however caused and shall maintain such insurance until ownership and property in the goods passes to the Customer.

  6. PRICES - All quotations provided for the sale of goods are based on current costs (Australian Currency) and are subject to amendments and variation in duty, GST and currency fluctuations up to the time of invoicing. REBEL SPORT LIMITED shall make every endeavor to estimate the correct delivery date.

  7. DELIVERY

    a) Times given for delivery are approximate and for guidance only. REBEL SPORT LIMITED shall not be under any liability nor subject to Clause (b) hereof shall the Customer be entitled to terminate the contract in the event of reasonable delay and without limiting the generality of the foregoing. REBEL SPORT LIMITED shall in no event be liable if dispatch is delayed by alterations to the contract or specifications of the goods by the Customer. Any other act of default on the part of the Customer, or by fire, flood, earthquake, storm, tempest and other natural phenomenon, acts of God, strikes, lock-outs, shortage of raw material or shipping or transport facilities or insurrection, riot, civil commotion and any embargoes, restraint order or restrictions imposed directly or indirectly by any government or governmental authority, agency or departments, wrecks, mutinies or barratry or from any other cause which is unavoidable or beyond the reasonable control of REBEL SPORT LIMITED and if delays from such cause or causes should occur then REBEL SPORT LIMITED's delivery time shall be correspondingly extended.

    b) If REBEL SPORT LIMITED is rendered wholly or in part unable to deliver the goods due to causes beyond its control at the time or in the manner provided in this contract for a continuous period of more than twelve (12) months or more either party may rescind this Contract by notice in writing to the other party without penalty but nevertheless without prejudice to any antecedent right of REBEL SPORT LIMITED in relation to any breach by the Customer of any of the conditions hereunder. c) Whilst REBEL SPORT LIMITED shall make every endeavor to deliver the correct quantity, quality and where applicable size, colour and weight of goods ordered, the Customer acknowledges that REBEL SPORT LIMITED may experience difficulty in supplying the goods in the exact terms as ordered. Accordingly, the Customer agrees that in relation to the supply of goods it shall accept and pay for the goods supplied by REBEL SPORT LIMITED not withstanding inaccuracies in the precise quantity, quality, size, colour or weight of goods as the case may be.

    d) Should delivery of the goods or any of them be required sooner than the normal time requisite for their production, REBEL SPORT LIMITED will exercise all possible and available endeavors to meet the expedited delivery requested. In such instance however the Customer acknowledges and agrees that:- I. Resultant imperfections or defects may occur for which no claim for compensation will be made. II. In the event that expedited delivery necessitates overtime charges or additional costs being incurred by REBEL SPORT LIMITED such increased working costs shall be paid by the Customer and form part of the purchase price. III. REBEL SPORT LIMITED reserves the right to deliver the goods by installments and each installment shall be deemed to be sold under a separate contract incorporating these terms and conditions and the failure of REBEL SPORT LIMITED to deliver any installments shall not entitle the Customer to cancel or rescind the balance of the contract.

  8. RETURN OF GOODS - No claim shall be made to or accepted by REBEL SPORT LIMITED in respect of faulty goods or workmanship or short delivery unless such claims forwarded in writing to REBEL SPORT LIMITED within fourteen (14) days after delivery of the goods to the Customer. Goods will not be accepted for credit unless prior written approval, in the form of a return authorisation number has been obtained from REBEL SPORT LIMITED.

  9. DAMAGES OR SHORT DELIVERY - Claims for short delivery of damaged goods must be made within 3 working days of delivery. All packaging must be retained for inspection and carrier delivery notes must be signed "short delivery" or "damaged".

  10. LEGAL CONSTRUCTION - The construction together with any performances of contract of which these conditions form part shall be governed by the laws of the state. If any of these conditions (or part thereof) shall to any extent be held by any court of competent jurisdiction to be invalid or unenforceable the remaining conditions (or any part thereof) shall not be affected thereby and shall remain in full force and effect.

  11. EXCHANGING INFORMATION WITH OTHER CREDIT PROVIDERS - (section 18N (1)(b) Privacy Act 1988) I agree to REBEL SPORT LIMITED checking personal information about me with any credit provider named on my credit application and with other providers that may be made in a credit report issued by a credit report agency, for any of the following purposes o to assess my credit worthiness o to assess an application by me for credit o to help me avoid defaulting on my credit obligations; and o to notify a default by me. I understand that this information can include any information about my credit worthiness, credit standing, credit history or credit capacity providers are allowed to give to or receive from each other under the Privacy Act 1988. If you wish to obtain additional information regarding Rebel Sport Limited's Privacy Policy, Collection Statement or Access Policy, the web address is www.rebelsport.com.au. I further agree that the supplier may disclose a credit report or any personal information derived from another credit provider for any of the purposes mentioned above.

  12. PASSWORD POLICY
    1. You acknowledge that you have an obligation to guard against the unauthorised use of the password issued to you in relation to REBEL SPORT LIMITED internet site. You must not disclose your password to any other person and you must take all reasonable steps to ensure that any other person does not know your password.
    2. You agree that REBEL SPORT LIMITED may assume that any access to the material gained by use of your password is authorised by you regardless of whether you have actually authorised another person to use your password. You agree that REBEL SPORT LIMITED will not be liable for any cost, damage, loss or claim arising from the use or misuse of your password.
    3. You must protect your password from being lost, stolen or disclosed to any person without the prior written approval of REBEL SPORT LIMITED. As soon as you have finished accessing the information, exit the Website containing the information immediately. Notify REBEL SPORT LIMITED as soon as you think or suspect that someone knows your password or that it has been lost or stolen.
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