Terms & Conditions

General

The whole of the Agreement between Burden’s Plumbing (Victoria) Pty Ltd ACN 007 236 624 (“Burdens”) and the user of this site (“Customer”) are those set out in these Terms and Conditions and those, if any, which are implied and which cannot be excluded by law (“Terms”). Any other contractual terms of the Customer (whether upon the Customer’s order or elsewhere) which are contrary to or inconsistent with these Terms will not apply nor will they constitute a counter-offer. By receiving delivery of all or a portion of the Goods, by accessing, browsing and/or using the Burdens website the Customer agrees to have accepted these Terms and to have agreed that they apply to the exclusion of all others. If you do not agree you must cease using the Burdens website immediately.

Burdens reserves the right to amend the Terms and Conditions at any time and without notice to the customer. The customers continued use of the website after any amendment becomes effective constitutes an agreement by the customer to abide and be bound by the Terms and Conditions, as so amended.

Content Disclaimer

The customer agrees that in relation to the content displayed on this site ("Content"), Burdens does not, nor does any other party who provides content to this site, make any warranty as to the accuracy, completeness or currency of the content. The customer should make their own enquiries before entering into any transaction on the basis of or in reliance upon the content. To the extent permitted by law, Burdens and its employees, officers, agents and contractors exclude all liability for any loss or damage (including without limitation, indirect, special or consequential loss or damage) arising from the use of, or reliance upon the content whether or not this is caused by a negligent act or omission. To the extent that Burdens is prohibited at law from excluding its liability, Burdens and each party providing content limits its liability to the extent permitted by law, to the resupply of the content. Burdens does not accept responsibility for any liability in respect of access to other content through the use of this site.

Capacity

The products on the website are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years and any other persons who are legally prohibited from entering into binding contracts.

Orders

Any order placed by the customer in the manner described in Burdens website is an offer by the customer to purchase a particular product for the price specified in this website at the time of order on these Terms and Conditions. Burdens reserves the right to accept or reject the customer offer for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this website, or an error in the order. The customer contract with Burdens only comes into existence when it forwards confirmation of receipt of order and payment.

Viruses

Burdens does not represent that any information (including any file) obtained from or through the website is free from computer viruses or other faults or defects. It is the customers responsibility to scan any such information for computer viruses. Burdens will not be liable to the customer for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any liability may be imposed on Burdens, it shall be limited to the cost of re-supplying that information.

Quotations and Pricing

If Burdens provides price and/or quotation for goods/services requested by the Customer:

• Such Quotations are open for acceptance for 14 days from the date of quotations. After this time the Quotations may be varied.
• All prices are based on taxes and statutory charges current at the time of quotation. Should these vary during the period from date of quotation to the date of invoice the difference will become the responsibility of the Customer and the Customer will be invoiced for the extra charge by Burdens.
• Goods supplied will be invoiced upon availability.
• Goods supplied and held by Burdens for longer than 30 days shall be returned to the supplier and recharged to the customer by way of a restocking and handling charge or 25% of the purchase price whichever the greater. After 30 days items deemed non-returnable shall be charged to the customer in full and those items shall be offered for sale to the public. Proceeds recovered from the sale shall be deducted from the customer charge less handling fees.
• At the customers request goods may be delivered for an additional charge nominated by Burdens.

Delivery & Supply

• It is the customers responsibility to collect the goods when the goods become available. 
• The goods shall be at the customers risk from the date upon which the customer is notified the goods are available for collection or the date of delivery, whichever comes first.
• Any times quoted for delivery are estimates only and Burdens will not be liable for failure to deliver, or for delay in delivery.
• The Customer must accept and pay for Goods, despite any delay in delivery or dispatch.
• Burdens reserves the right to stop supply at any time if the Customer fails to comply with the Terms.
• Where relevant, the Customer must ensure that Burdens, its servants and agents have full and safe access to the Customer’s premises and any necessary equipment, materials and information.

Any services to be provided by the Supplier will be:

• Deemed to be complete when the Supplier has certified that the Services have been completed; and
• Limited to the specific retainer as agreed between the Parties.

Property

Until further payment has been made for all Goods supplied by Burdens under these Terms (“Goods”) and any other sums in any way outstanding from the Customer to Burdens from time to time:

• All sums outstanding become immediately due and payable by the Customer to Burdens if the Customer makes default in paying any other sums due to Burdens, becomes bankrupt, or commits any act of bankruptcy, compounds with its creditors, has judgment entered against it in any Court or, being a company, has a Provisional Liquidator, Liquidator, Receiver, Manager or Administrator appointed.
• The property in the Goods does not pass to the Customer and the Customer must hold the Goods as Bailee for Burdens (returning the Goods to Burdens on request). The Goods will nevertheless be at the risk of the Customer from the time of delivery to the Customer or its nominated agent or collection of the Goods from Burdens.
• The Customer is only authorised to sell the Goods to third parties on behalf of Burdens. All payments received from third parties by the Customer for the Goods must be held on trust for Burdens pursuant to the Bailee/Bailor relationship.
• Burdens is irrevocably authorised to enter any premises where the Goods are kept, and to use the name of the Customer and to act on its behalf, if necessary, to recover possession of the Goods.

Returns

The Customer is not entitled to return the supplied Goods to the Supplier unless Burdens consents to the return of the Goods and subject to the following conditions:

• The Goods must be returned in unused condition in undamaged packaging.
• The Goods must be returned within one month of purchase.
• The Customer must have the original invoice number when returning the Goods.
• Goods made for the order of the Customer are not returnable.
• If Burdens consents to the return of the Goods and the manufacturer issues a charge, the charge will become the responsibility of the Customer and the Customer will be invoiced for the charge by Burdens.
• If Burdens consents to the return of the Goods, Burdens may impose a handling charge calculated at 15% of the original price of the Goods.

Warranties and Indemnity

All Customers warrant that they have received the Goods for the purposes of a business and/or for re-supply in trade and:

• Burdens gives no warranty that Goods are fit for any particular purpose and all other conditions, warranties and representations whether expressed, implied or statutory are excluded.
• Burdens will not be liable for any consequential indirect or special damage or loss of any kind whatsoever.
• No claims or return of Goods in respect of such a sale need be recognised unless authorised by Burdens within 21 days of delivery to the Customer.
• Liability of Burdens for any loss/damage/injury from any defect or non-compliance of Goods sold is limited to repair, replacement or damages (not exceeding the invoice value) at the option of Burden’s.
• Any statement or representation made expressly or implied by Burdens or its servants or agents is made in good faith on the basis that neither Burdens nor its servants or agents take the responsibility for that statement or representation, nor will Burdens or its servants or agents be liable in respect of any such statement or representation, whether by reason of negligence or for any reason whatsoever, and the entire agreement between the parties is merged herein.
• The Customer indemnifies Burdens from all claims made on Burdens arising from or in relation to Burdens properly carrying out Burdens obligations under this Agreement.

Equitable Charge

The Customer as beneficial owner and/or registered proprietor now charges in favour of Burdens all of the Customer’s estate and interest in any real property to secure payment of accounts rendered by Burdens to the Customer for the delivery and/or supply of the Goods including interest payable on these accounts and costs (including legal costs on a full indemnity basis) incurred by Burdens.

Legal Construction

These Terms are governed and interpreted according to the laws of Victoria and Burdens and the Customer consent and submit to the jurisdiction of the Courts of Victoria. Notwithstanding that any provision of the Terms may prove to be illegal or unenforceable pursuant to any statute or rule of law or for any other reason that the provision is deemed omitted without affecting the legality of the remaining provisions and the remaining provisions of the Terms will continue in full force and effect.

Copyright

Burdens is the copyright owner of the content of the website or is licensed by the copyright owner to use the content on the website. Except as permitted by the Copyright Act 1968 (Cth) no part of the website may be reproduced, adapted, performed in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) without the specific prior written consent of Burdens.