Porter's Paints
Direct from a showroom, our experts give you the confidence to make outstanding colour choices.
Important notice: This document sets out the terms and conditions on which we agree to supply goods to you. It contains provisions that might affect your interests, such as by limiting or excluding our liability in some circumstances. Please read it carefully and, if appropriate, seek professional advice.
In these terms and conditions:
“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any other equivalent legislation (such as the Fair Trading Acts (or equivalent legislation) in each State and Territory in Australia);
“Consequential Loss” means any loss or damage suffered by a party or any other person which is indirect or consequential, or which relates to loss of revenue, loss of income, loss of business, loss of profits, loss of goodwill or credit, loss of business reputation, future reputation or publicity, loss of use, loss of interest, damage to credit rating, or loss or denial of opportunity;
“Contract” means the contract for the purchase of Goods consisting of these conditions of sale, any Trading Account Application Form submitted by you and accepted by us (if applicable), any Trade Card Form submitted by you and accepted by us (if applicable) and the accepted Orders for Goods placed under this Contract (as applicable);
“Defect” means a defect, flaw or imperfection in the Goods which prevents the Goods from being used for the purposes intended for such Goods or which makes the use of the Goods dangerous, but does not include anything which has been disclosed by us as a feature or limitation of the Goods prior to the date of purchase, or any defect, flaw or imperfection that is trivial or insubstantial;
“Goods” means all products and services agreed to be supplied by us to you from time to time under this Contract;
“GST” means any goods and services tax and any replacement or similar tax;
“GST Law” means A New Tax System (Goods and Services Tax) Act 1999 (Cth);
“Invoice” means the invoice issued by us to you setting out the amount to be paid by you for the Goods purchased under this Contract;
“Order” means any order for Goods placed by you with us, in whatever form;
“you” means the customer specified on the Invoice for Goods purchased under this Contract; and
“we” or “us” means the DuluxGroup entity which is specified on the Invoice issued to you in relation to the Goods purchased under this Contract (or otherwise, DuluxGroup (Australia) Pty Ltd).
Except for any guarantees, rights or remedies which cannot be excluded or modified under the Australian Consumer Law, you hereby acknowledge that you have not relied on any service involving skill or judgment, or on any advice, recommendation, information or assistance provided by us in relation to the Goods or their use or application.
We will make all reasonable efforts to have the Goods delivered to you by the estimated delivery date. However, time is not of the essence under this Contract and, except where we have an obligation under the Australian Consumer Law, we shall not be liable for any failure to deliver or delay in delivery for any reason.
Unless otherwise agreed in writing, all risk and title in and to the Goods purchased shall pass to you when the Goods are delivered to the address specified in your Order.
The price charged for the Goods will be the price listed on our online store website at the time of purchase.
You indemnify us against all liability, loss, costs, damages or expense (including legal costs and expenses) incurred or suffered by us on a full compensation basis to the extent that it arises from a breach of this clause 10 by you or your contractors.
Except where legislation which cannot be excluded (such as the Australian Consumer Law) would make this clause 12 illegal, or where the inclusion of this clause 12 would otherwise make us liable to a penalty, you release us from any claim that is made against us for damages or otherwise in respect of any loss, damage, death or injury arising from negligence or otherwise caused directly or indirectly by or arising out of the use or condition of Goods sold to you, except to the extent that such loss, damage, death or injury has been caused by us.
If any provision of this Contract or its application to any person or circumstance is or becomes invalid, illegal or unenforceable the provision shall, so far as possible, be read down to such extent as may be necessary to ensure that it is not invalid, illegal or unenforceable. If any provision or part of it cannot be so read down the provision or part of it shall be deemed to be void and severable and the remaining provisions of this Contract shall not in any way be affected or impaired.
These terms may be varied and updated by us from time to time. When you offer to purchase Goods from us, you are offering to acquire them on the most up-to-date version of these terms as notified to you by us. You may not assign your rights under this Contract without our prior written consent.
This Contract is governed by the law of the State of Victoria. You and we submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia.
Notwithstanding any other clause in this Contract, to the extent that any supply made under or in connection with this Contract is a taxable supply (as defined by the GST Law), you must pay to us, in addition to the consideration provided for under this Contract for that supply (unless it expressly includes GST) an amount (additional amount) equal to the amount of that consideration (or its GST exclusive market value) multiplied by the rate at which GST is imposed in respect of the supply. You are responsible for paying any other duties, taxes or charges, including any stamp duty (if applicable), in relation to the Goods.
Waiver by us of a breach of this Contractor of any right or power arising on a breach of this Contract must be in writing and signed by us. A right or power created or arising on a breach of this Contract is not waived by any failure to exercise or delay in exercising, or a partial exercise of, that or any other right or power.
No amount owing, whether present or future, actual, contingent or prospective and on any account whatsoever by you to us may be offset against any amount owing whether present, future, actual, contingent or prospective of you to us hereunder or on any other account whatsoever.
The purchase of Goods under this Contract does not confer on you any licence or assignment of any copyright, patent, design or trade mark, or any other intellectual property right (whether registered, registrable or not) that subsists in the Goods.