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General Terms and Conditions of Sale

General Terms and Conditions of Sale

Educational Experience is the parent company of Toys and More, and the following General Terms and Conditions of Sale apply.

1. All goods and services ("Products") supplied by Educational Experience Pty Limited ("Educational Experience") are supplied on these terms and conditions

2. No order shall be binding on Educational Experience until accepted by Educational Experience. An individual contract for the supply of Products, on these terms and conditions, is formed on acceptance by Educational Experience of an order from the Customer. Educational Experience reserves the right to accept any order in whole or in part. Where Educational Experience makes a part delivery of any order, such delivery shall constitute a separate contract. No order may be cancelled or varied after acceptance by Educational Experience.

3. All credit orders are accepted by Educational Experience subject to satisfactory credit approval of the Customer, which may be withdrawn at any time. Where credit approval has not been granted, or is withdrawn, payment for all Products supplied is required before delivery. Where credit has been granted, payment for the Products is to be made on or before 30 days from the date of invoice. Payment must be made in full without set off or deduction. Educational Experience will investigate any disputed amounts, and if resolved in favour of the Customer, a credit will be issued to the Customer.

4. Ownership in the Products does not pass to the Customer until the Customer has discharged all outstanding indebtedness, whether in respect of the Products or otherwise, to Educational Experience. Risk in the Products will pass on delivery to the Customer.

5. Returns
   Please cross check all products against your original order and our packing list before opening, marking or using them. Any Products which are damaged or defective, delivered after their "use by" or "best before" date, or which are not otherwise in accordance with the Customer's order, may be returned to Educational Experience within 7 days of delivery, at no cost to the Customer provided a return authorisation number has been obtained from Customer Service by calling TOLL FREE 1300 134 211. The Customer may otherwise return Products to Educational Experience and obtain a credit:

   1. provided that it does so within 7 days of delivery and a return authorisation number is obtained from Educational Experience by calling Customer Service on TOLL FREE 1300 134 211

   2. provided that the Products are in their original packaging, unopened, of a current make and model, and otherwise as new and in a saleable condition;

   3. at the Customer's own expense, or to the Customer's account; and

   4. on the basis that risk in the Products remains with the Customer until the Products are received by Educational Experience, and that a restocking or return fee may be charged.
      N.B. It is important to send a copy of your original invoice or packing slip with all returns.

6. Except for those required or implied by legislation, Educational Experience gives no express warranty in relation to products and services supplied to the Customer, and the Customer acknowledges that it has not relied on any representation or warranty made by or on behalf of Educational Experience. Certain legislation may imply conditions and warranties into these terms and conditions. To the extent that such conditions and warranties may lawfully be excluded, all such conditions and warranties are expressly excluded. The liability of Educational Experience under or arising out of the supply of goods and services for breach of any term, condition or warranty implied in or imposed upon the supply of goods and/or services by legislation, shall be limited, at the option or Educational Experience to: If the breach or liability relates to goods:

   1. the replacement of the goods or the supply of equivalent goods;

   2. the repair of the goods;

   3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or

   4. the payment of the cost of having the goods repaired;

   
   

   If the breach or liability relates to services;

   1. the supplying of the services again; or

   2. the payment of the cost of having the services supplied again.

7. Except as expressly provided above, Educational Experience shall not be under any liability to the Customer in respect of any loss or damage (including consequential or indirect loss or damage or loss of profi ts, loss of use or loss of data) however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the Products, any services supplied by Educational Experience or the failure of Educational Experience to comply with these terms and conditions.

8. These terms and conditions will apply to the exclusion of all other terms and conditions contained in the Customer's order. In the event of any inconsistency, Educational Experience will be deemed, by delivering the Products to the Customer or supplying services to the Customer, to have made an offer to the Customer to sell the Products or 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. Educational Experience reserves the right to change these Terms and Conditions at any time.

9. Educational Experience reserves the right to recover from the Customer all goods and services tax (GST") payable in respect of the supply of goods and services to the Customer.

10. These terms and conditions are governed by and will be construed in accordance with the laws of New South Wales and the parties agree to submit to the jurisdiction of the courts of that state.

11. The failure by Educational Experience to exercise, or any delay in exercising, any right, power or privilege available to it under these terms and conditions will not operate as a waiver thereof or preclude any other or further exercise thereof or the exercise of any other right or power.

Additional Information

COPYRIGHT: Our catalogue cannot be reproduced in whole or in part without the express permission of Educational Experience.

CREDIT CARDS: We accept Visa, Mastercard, American Express, Diners Club and Bankcard.

FURNITURE ASSEMBLY: If you require any of our furniture products to be assembled before despatch please contact Customer Service on TOLL FREE 1300 134 211 for a quotation.

MATERIAL SAFETY DATA SHEETS: MSDS are available for selected products, please contact our friendly customer service team on TOLL FREE 1300 134 211 for more information.

PAYMENT TERMS: Net 30 days from date of invoice for established accounts. Statements are not issued.

PRICES: All prices quoted in our 2009 catalogue do not include GST and are net ex-warehouse Newcastle. Prices are current at the time of publication, however may be subject to change without notice. All comparative pricing in this catalogue refers to previous published prices in either our Teacher's, Christmas Craft, Go Play, Toys & More, Hands On Classroom, Mother's Day or Father's Day Catalogues.

PRIVACY STATEMENT: We appreciate that your privacy is important to you and are committed to ensuring that any personal information that we retain remains confidential.

PRODUCT DESIGN: As the products in this catalogue may be subject to design/colour change or alteration at any time, Educational Experience reserves the right to supply the current item. All products are designed for the purpose described and must be used by children of an appropriate age under adult supervision when required.

PURCHASE VOUCHERS: Remember to use your 2009 Toys and More Purchase Voucher before the expiry date of 30 June 2010 to avoid any disappointment. Please quote your Purchase Voucher number when ordering.

RETURNS Please cross check all products against your original order and our packing list before opening, marking or using them. Any Products which are damaged or defective, delivered after their "use by" or "best before" date, or which are not otherwise in accordance with the Customer's order, may be returned to Educational Experience within 7 days of delivery, at no cost to the Customer provided a return authorisation number has been obtained from Customer Service by calling TOLL FREE 1300 134 211. The Customer may otherwise return Products to Educational Experience and obtain a credit:

1. provided that it does so within 7 days of delivery and a return authorisation number is obtained from Educational Experience by calling Customer Service on TOLL FREE 1300 134 211;

2. provided that the Products are in their original packaging, unopened, of a current make and model, and otherwise as new and in a saleable condition;

3. at the Customer's own expense, or to the Customer's account; and

4. on the basis that risk in the Products remains with the Customer until the Products are received by Educational Experience, and that a restocking or return fee may be charged. N.B. It is important to send a copy of your original invoice or packing slip with all returns.

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