Terms & Conditions

  1. In these conditions
    1. Sellers means Bellevue Group Australasia.
    2. Buyer means the person whose name appears under “Customer’s Name”.
    3. Singular includes Plural and Vice Versa.
    4. Person includes Corporation and Public Authority
  2. Unless otherwise agreed in writing these conditions apply to all sales of goods by the Sellers.
  3. Unless a price is agreed in writing, the price payable is Seller’s current price at date of despatch.
  4. Buyer is deemed to have accepted goods as being in accordance with contract unless he notifies Sellers within seven days of receipt
  5. Where goods supplied are defective through faulty materials or workmanship and returned to Sellers, within seven days of receipt or such other time as agreed between the Sellers and Buyer, the goods supplied will be either:
    1. repaired or replaced, or
    2. the Buyer will be credited with the purchase price

Statutory warranties over goods will only remain in effect so long as the goods are used for their intended purpose in accordance with any instructions contained with the goods or available online.

  1. Goods are sold without advice or instruction for installation, service and/or use in connection therewith on condition that Sellers and their servants are not liable in contract, tort or otherwise for any loss, damage or injury to persons or property arising from installation, service and/or use of the goods.
  2. Sellers are excused from any delay in delivery or failure to perform the contract due to Industrial Disputes or to any cause beyond Sellers’ control.  If cost to Sellers of supplying any goods not yet delivered shall be increased materially by any such dispute or cause and the parties cannot agree on how such increases shall be borne, Sellers may cancel their contract without liability in respect of such undelivered goods.
  3. The risk in the goods shall pass upon delivery of the goods to the Buyer.  However the property in the goods shall not pass to the Buyer until such time as the same shall have been paid in full.  In the event of the Buyer selling or otherwise disposing of the goods before the same shall have been paid for in full, the Buyer shall hold the proceeds of sale or disposal on trust for the Sellers.
    1. The Buyer agrees, at the request of the Seller, to enter into a security agreement with the Seller to grant in favour of the Seller a security interest in all of the Buyer’s present and after acquired property relating to the goods.
    2. The Buyer agrees to do all things and sign all documents as required by the Seller to registered, confirm or validate the security interest created over the Buyer’s assets by any security agreement and do all things required to enable the Seller and register the security agreement pursuant to the provisions of the Personal Property Security Act (‘PPSA’).
    3. The Seller may exercise its rights under the security agreement any time after the Buyer fails to comply with these terms and conditions without the Seller first having to take any action or enforce any of its rights against the Buyer.
    4. The Buyer acknowledges and agrees that from the date of registration of the security interest under the Personal Property Security Act (PPSA):
      1. it shall not cause or permit any person to take a security interest over, or to register a financing arrangement in relation to any secured property without the prior consent of the Seller;
      2. the Buyer has no rights under, or by reference to, Sections 125, 142 and 133 of the PPSA, if it defaults and the Seller takes enforcement action under these terms and conditions with respect to the secured property;
      3. the Buyer waives its rights to:
        1. receive any notice under Sections 95, 130 and 135 of the PPSA in relation to the enforcement of any security interest registered by the Seller;
        2. receive a statement of account under Section 132(3)(g) and 132(4) of the PPSA where the Seller disposes of any of the secured property following repossession of that secured property; and
        3. receive notice of any verification statement confirming registration of a financial statement or financial change statement relating to any security interest created pursuant to these terms and conditions
  4. No allowance for returned goods will be made after seven days from Despatch of the goods except at the sole discretion of the Seller.  Where returned goods are accepted by the Seller a restocking fee of 7.5% of the purchase price of the goods shall be imposed unless goods are faulty or the Seller in its sole discretion determines not impose such fee.
  5. The terms and conditions herein contained shall not be deemed to be negative or varied unless same shall be in writing and signed by the Sellers.
  6. Every care will be taken by the Sellers in relation to the quality of goods sold but the Sellers shall not be liable for any claim for consequential damages whatsoever.
  7. Payment for goods is strictly to be made within 30 days from the end of the month in which the Seller shall be entitled to claim interest at a rate of 2% on the unpaid balance of any account on the expiration of 14 days from the due date of the account.
  8. The Seller may refuse to supply a customer with goods where the customer has failed to comply with these Terms & Conditions.
  9. The Australian Consumer Law provides for guarantees for consumers with respect to goods and services supplied to consumers.  The Australian Consumer Law provides that a supplier of goods guarantees the goods are of acceptable quality and match any description.  A supplier guarantees that a consumer is buying goods:
    1. that have clear title, unless otherwise stated;
    2. that do not have undisclosed securities;
    3. that are fit for any disclosed purpose;
    4. with a right to undisturbed possession;
    5. that match sample or demonstration model;
    6. these consumer guarantees apply to all the goods bought on or after 1 January 2011 by a consumer from the supplier in the course of trade.  They apply to any type of goods costing up to $40,000.00 or goods or services costing more than $40,000.00 which normally are normally used for personal, domestic or household purposes.  When a problem with goods or services is minor, the supplier can chose between providing a repair or offering the consumer a replacement or refund.  Where there is a major failure, the consumer can:
      1. reject the goods or services and either a chose a refund or replacement, or
      2. ask for compensation for any drop in value of the goods or services.
    7. Consumer protection agencies may take action on behalf of the affected consumers when a supplier fails to meet obligations under the consumer guarantees.