This page (together with the documents referred to on it) informs you of the terms and conditions in which we supply any of the product (“Products”) listed on our website kulbardi.com.au (“Site”/ “Website”) to you. Please read these terms and conditions (“Terms”) carefully before ordering any Products from the Site. By ordering any of our Products, you agree to be bound by these Terms.

1. Property and Risk

Until the purchase price of the products and all other sums due by the Customer to Kulbardi upon any account whatsoever have been paid or satisfied in full: 

• the products shall remain the property of Kulbardi notwithstanding the delivery of the products and the passing of risk of loss or damage to the product to the Customer;
• Kulbardi may at any time recover the products if they are in the Customer’s possession and re-sell the products if any payment owed by the Customer on any account is overdue;
• in order to recover the products, Kulbardi, its servants or agents may enter the Customer’s or other premises upon which the products are located;
• the Customer shall possess all products on a fiduciary basis only; and
• the Customer has the right to dispose of the products during its business for the account of Kulbardi and to pass good title to the products to its customer being a bona fide purchaser for value without notice of Kulbardi’s rights. If the products are on-sold prior to Kulbardi being paid in full then the sale proceeds are to be held in trust by the Customer for Kulbardi.

2. Liability

In the case where the products or services are not of a kind ordinarily acquired for personal, domestic or household use, Kulbardi hereby limits the amount of its liability, at its option, to:

• the replacement of the products or the supply of equivalent products;
• the repair of the products;
• the payment of the cost of replacing the products or of acquiring equivalent products; or
• the payment of the cost of having the products repaired; and

(b) For services:

• the supplying of the services again; or
• the payment of the cost of having the services supplied again.

Subject to the above, under no circumstances will Kulbardi be liable for any loss or damage to persons or property of any nature thus, direct or indirect, of any defect, deficiency or discrepancy in products or services sold or supplied by Kulbardi. It is the Customer’s sole responsibility to ensure that the products or services supplied are sufficient and suitable for the purposes of the Customer.

The Customer waives any claims, demands, causes of action or recoveries for punitive, exemplary, indirect or consequential damages arising under this Agreement, or otherwise with respect to the sale of goods or services, and completely indemnifies Kulbardi, without limitation, for any lost revenues or profits, consequential or incidental damages, injury to persons or property, business interruption or damage to business reputation, including any tort or statutory causes of action, in relation to the supply to it by Kulbardi of any goods and services, including any liquor related products, which Kulbardi may supply to the customer.

3. Supply of Products

4. Prices

All prices listed on the Site are exclusive of GST, and GST is applied at checkout. Prices displayed are current at the time of issue, but may change at any time and are subject to availability. 

5. Payment

• Payment by approved customers is to be made within 30 days of the end of the calendar month of purchase. Customers on the monthly billing program must pay within 30 days of the end of the calendar month of purchase in full.
• Interest at the rate of 1.5% per calendar month (or part thereof) will be charged on all overdue amounts.
• Credit card payments may incur a fee.

(d) Recovery of legal costs and collection expenses by Kulbardi

• In the event of non-payment of Kulbardi’s Tax Invoice, Kulbardi reserves the right to commence collection action and stop delivery of goods and/or services.
• Legal action will include recovery of the whole debt including any and all legal costs and disbursements incurred by Kulbardi on a solicitor/client basis, and any collection expenses incurred.
• The Customer shall indemnify Kulbardi in respect of, and must pay to Kulbardi on demand, any costs and expenses incurred by Kulbardi in enforcing any Charge, Guarantee, Mortgage, or Other Security, given by the Customer to Kulbardi, including and not limited to collection costs and expenses, and legal costs incurred as a result of non — payment of Kulbardi’s tax invoices, court or tribunal issue fees, solicitor costs and expenses on a solicitor/client basis, witness expenses in relation to any defended action, barrister’s fees, expert witness fees if required, adjudicator’s expenses, and the like. The Customer agrees and acknowledges that such collection expenses do not constitute a penalty but Kulbardi’s genuine and anticipated expenses incurred if legal and/or collection action is commenced
• The Customer shall also indemnify Kulbardi in respect of, and must pay to Kulbardi on demand, any taxes or stamp duties or other fees which may became due and payable in respect of any Charge, Guarantee, Mortgage, or other security given by the Customer to Kulbardi.

6. Invoice Dispute

If you notify Kulbardi that you dispute the validity of any invoice:

7. Delivery

8. Special Buy Ins

Special Buy Ins are products sourced specifically or made specifically for the Customer. These products are not returnable once ordered. The Customer warrants that any logos, photographs or other material provided by the Customer about Specific Buy Ins do not infringe any rights of third parties and the Customer agrees to indemnify Kulbardi from any claims, liability or expense relating to any breach of this warranty.

9. Clearance Products

No other discount is valid with these offers. These products are not returnable once ordered. Back orders are not possible on clearance products.

10. Furniture, Print and Promotional Items

11. Customer Specific Stock

• Kulbardi is entitled to charge a storage fee for such stock;
• Kulbardi may invoice the Customer for the whole (or any part) of the stock; and
• Kulbardi may arrange for the stock to be destroyed or otherwise disposed of (or used) if the Customer fails to pay for and collect or take delivery of the stock, and all costs so incurred shall be a debt due to Kulbardi by the Customer.

12. Return/Credits

Any returns should be made in accordance with Kulbardi’s Returns Policy which is to be read in conjunction with these Terms.

13. Inconsistencies

Any orders placed with Kulbardi are based on these terms and conditions unless otherwise expressly agreed in writing by Kulbardi. In the event of any inconsistency between any terms and conditions in the Customer’s order and these terms and conditions, Kulbardi will be deemed, by delivering the product to the customer or supplying services to the Customer, to have made an offer to the Customer, to sell the products or to supply the services pursuant to these terms and conditions, which offer will be deemed to have been accepted if the Customer retains the products or accepts the services.

14. Notice Details

Name: Kulbardi Pty Ltd

ABN: 39 166 659 525

Short form name: Kulbardi

Notice details

Address: 11-15 Mackay Street, Kewdale, WA 6105

Email: customersupport@kulbardi.com.au

Telephone: 1300 551 042

15. Scope

The Site is only intended for use for people residing in Australia. Kulbardi does not accept orders from and does not deliver to addresses outside of Australia.

16. Governing Law

These terms and conditions are governed by the laws of Western Australia, Australia each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Western Australia, Australia.

17. Revisions to Terms of Use

18. Intellectual Property

19. Third Party Websites