Terms & Conditions
- These terms and conditions (Conditions) apply to any order (order) for Gypsy Red Corpse Pty Ltd (T/A Gypsyredcorpse) (ABN 376 67 92 43 61) (GRC) to supply services and/or materials (Goods) to the entity identified as the ‘customer’ (Customer) on any invoices or quote (both hereinafter referred to as Invoice). The placing of any Order (including via the clicking of a ‘place order’ button on our website) by the Customer will constitute an agreement upon these Conditions which will supersede any terms or conditions embodied in the Customer’s instructions or otherwise sought to be imposed by the Customer, whether orally or in writing.
- GRC’s Goods are not intended for human or animal consumption. GRC disclaims, to the fullest extent permitted by law, any and all liability for any injury or loss resulting from consumption of GRC’s Goods.
- GRC reserves and retains all of its copyright in the Goods. No copyright or license in relation to copyright passes to the Customer as a result of the sale of the Goods to the Customer.
- Subject to these Terms, and provided GRC has the purchased item in stock, GRC agrees to provide the Goods paid for by the Customer to the Customer via post or courier, at the Customer’s election and cost.
- GRC does not provide any Goods on credit. GRC shall not dispatch any Goods to a Customer prior to payment in full. GRC maintains ownership (legal and beneficial) of all Goods until paid in full by the Customer.
- Should a Customer’s payment for any Goods be recovered for any reason (including via action by a credit card company or credit entity), such amount recovered shall immediately become a debt due and owing by the Customer to GRC.
- The Goods are provided subject to GRC’s warranty obligations under the Australian Consumer Law. All other warranties and representations in relation to the Goods are expressly disclaimed.
- The Customer accepts a GRC tax invoice as being a sufficient evidence of the value of the Goods provided.
- Should GRC agree to provide Goods on credit for any reason (and which GRC may decline to do in its absolute discretion), the amount stated as the value for those goods on GRC’s website, or in any writing prepared by GRC around the time of sale (whichever is the higher) shall be conclusive evidence of the value of the amount owing by the Customer to GRC for those goods.
- The Customer shall make payment immediately for Goods upon selecting the ‘purchase’ option on GRC’s website.
- The Customer agrees to pay interest at the current Law Society of Queensland Inc Standard Contract Default Interest Rate plus five percent (5%) on all amounts owing by it to GRC, plus all legal costs and expenses on a full indemnity basis incurred by GRC (including letters of demand and other actions prior to starting proceedings) in connection with the recovery of debts owed by the Customer to GRC.
- The Customer hereby charges in favor of GRC all of the Customer’s interest in real & personal property both present and future with the payment of all monies which may be owing to GRC by the Customer from time to time upon any account. The Customer shall upon request by GRC sign all documents and do all things that GRC may reasonably require to be signed and done to secure further to GRC any such monies owing from time to time. In the case of a Customer which is a trustee entity, said entity acknowledges and agrees that it shall be personally liable to pay all amounts due GRC in full (and such liability shall not be limited to the Trust’s assets) and that in addition the Trust’s assets shall be available to meet and satisfy payment of the account.
- All other guarantees, terms, warranties, undertakings, or representations of GRC only, whether express or implied, statutory or otherwise, relating to these Terms & Conditions or the contractual relationship between GRC & Customer are excluded to the maximum extent permitted by law.
- To the greatest extent permitted by law, GRC’s liability to the Customer, whether under common law, statute or otherwise, in respect to any defect, fault or other undesirable feature in respect to the Goods shall be limited to the value of the Goods provided by GRC in respect to which complaint is made. This limitation of liability extends to any form of loss that the Customer may alleged and said limitation includes any consequential or pure economic loss arising therefrom.
- These terms and conditions shall be subject to the law applicable to the State of Queensland and the parties thereto shall submit to the non-exclusive jurisdiction of the Queensland State Courts.
- The Customer shall not make any disparaging or critical remarks or comments in regards to GRC, including via social media.
- Any information relating to GRC’s suppliers, pricing, know-how, copyright documents, designs or customer details shall be confidential information which the Customer shall not disclose to any third party without GRC’s written consent.
- Should any of the clause(s) in these Conditions be held to be unenforceable, such clause(s) (or part thereof) will be severable from the remaining terms and conditions which will continue to be enforceable.
