Courage For Profit logo
Connect With Us
Privacy Policy, Terms and Conditions - Courage For Profit
16524
page-template-default,page,page-id-16524,qode-quick-links-1.0,ajax_fade,page_not_loaded,,side_menu_slide_from_right,qode-child-theme-ver-1.0.0,qode-theme-ver-16.9,qode-theme-bridge,qode_header_in_grid,wpb-js-composer js-comp-ver-5.5.5,vc_responsive

Privacy Policy, Terms and Conditions

Privacy and Confidentiality Policy

Courage for Profit Pty Ltd (ACN 139 815 393) and its related bodies corporate are committed to protecting the privacy of your personal information. We will only collect and deal with your information in accordance with the Privacy Act 1988 (Cth) (Privacy Act) and in particular, the Australian Privacy Principles.

Types of personal information we collect

We do not collect personal information unless the information is necessary for one or more of our functions or activities, and only by lawful and fair means and not in an unreasonably intrusive way. We will collect personal information necessary to market and deliver our services and products, which may include the following:

  • Personal contact information – for example, your name and contact details such as your emailing and home addresses
  • Demographic information – any information that describes your demographic characteristics or your personality, values, attitudes, interests, and lifestyles such as your date of birth, gender and geographic location;
  • Account login information – including any username or passwords allocated by us or used by you to access our services and products;
  • Payment information – if you are a customer that is responsible for payments to us regarding our services and products, we may hold payment related information (including direct debit or credit card details);
  • Website usage information – for example we may hold information regarding your access to our website applications. This may include how you navigate whilst online our websites (i.e. date and time of your visit and interactions made with our website);
  • Consumer-generated information – for example, information that you enter and submit to us or third parties during your use of our services and products, either through our online website, hardcopy forms or through social media sites such as Facebook;
  • Social network platforms –information that you share as part of your profile on a social media website;
  • Technical computer information – any information about a computer system or other technological devices that you may be using to access one of our websites or applications; and
  • Government issued identifiers, such as Tax File Numbers and Australian Business Numbers (which are only used in accordance with the Privacy Act).

How we collect personal information

Generally we will collect this information directly from you but in some cases it will be collected through other forms, including the following:

  • Websites – this may include any Courage for Profit Pty Ltd websites or consumer-directed websites that we run on third party social network sites such as Facebook;
  • Social networking sites – personal information may be collected when you interact with social networking features such as “Facebook Connect” or “Facebook Like” when these features are integrated in our sites or applications;
  • Hardcopy forms –Booking forms, promotional, marketing or other general forms that you may fill in from time to time;
  • Consumer Services call centre – personal information may be collected via our call centre, for example, where you have provided us with feedback or called regarding a query; and
  • Data from third parties – although we generally only collect personal information from you directly, we may be provided with information from third parties. For example, third parties who we engage to run promotional activities, third parties who we may acquire and information we may require when we consider business customer credit applications

Use and disclosure of personal information

Courage for Profit Pty Ltd may collect and use your personal information for some or all of the following purposes (not all of which will be relevant for every individual):

  • Marketing our services and products to you through emails, newsletters, promotions etc. where you have opted-in to receive marketing updates or you have agreed to be included in our promotional activities. We may use your personal information in this regard in the following ways:
  • General marketing communications – to send you communications by post, text message or email; and
  • Targeted advertising – this may include where we match information you have provided with similar information on third party sites (data-matching).
  • Managing your account(s) with us –to maintain your account(s) with us, including maintaining any loyalty rewards that you may be entitled to;
  • Monitoring, developing and improving our services and products – to improve our services and products, tailor them to your needs, come up with new services and products ideas and inform you of any changes to our services and products;
  • Order fulfilment – this may include using your details to keep you informed of the general status of any orders you have placed with us;
  • Consumer/customer service –to provide you with customer service, including responses to your inquiries, complaints and general feedback about our services and products;
  • Website improvement and personalisation – to improve and personalise your experience on our websites and applications;
  • Website community features – to give you access to website community features including features that may allow you to upload and share pictures, videos or other messages or content; and
  • Other general purposes – for other general business purposes such as to maintain the day-to-day operation and security of our websites and applications and to conduct internal marketing and demographic studies and to contact you for consumer research.

We may disclose personal information to third party suppliers that we use in the course of providing our services and products, our related bodies corporate and our advisors. We may also disclose personal information to government and regulatory authorities and other organisations, as required or authorised by law. We will take reasonable steps to ensure that any third party to whom we disclose personal information are bound by confidentiality and privacy obligations in relation to the protection of your personal information. Please note that third parties may also collect personal information directly from you.

We may disclose your personal information to our related bodies corporate if it is necessary for one of the purposes for which the information has been disclosed to us. Apart from this, your personal information is never shared, sold, rented or otherwise disclosed except if required by law or with your consent. At any time you may opt-out of receiving any communications from us (other than as required for the operation of our business e.g. regarding payment of accounts). See below for our contact details.

Security

We will take reasonable steps to ensure any personal information we collect, use or disclose is accurate, complete and up-to-date. You should inform us promptly if there are any changes to any of your personal or company information. We will take reasonable steps to:

  • protect the personal information we hold from misuse and loss and from unauthorised access, modification or disclosure; and
  • destroy or permanently de-identify personal information if it is no longer needed for any purpose for which the information may be used or disclosed under this policy (unless we are required by law to keep it).

Access, accuracy and correction

You have a right to request a copy of the personal information we hold about you at any time. If your personal information changes, if you have a concern about how we are handling your personal information or if you no longer require our services, we will endeavour to provide a way to correct, update or remove the personal data you have provided to us. You may also request us to amend your personal information where you believe it is out-dated.

Anonymity

Where it is practical and legal to do so, we will generally provide you with the ability to interact with us anonymously.

Sensitive information

We will not collect, use or disclose sensitive information (such as information about racial or ethnic origins or political or religious beliefs) except with your specific consent or in the circumstances permitted in the Privacy Act.

Clickstream Data

Each time you visit our web site(s) our server collects some anonymous information, known as clickstream data, including the type of browser and system you are using; the address of the site you have come from and move to after your visit; the date and time of your visit; and your server’s IP address. Courage for Profit Pty Ltd may collect this information for statistical purposes to find out how our web site(s) are used and navigated, including the number of hits, the frequency and duration of visits, most popular session times. We may use this information to evaluate and improve our web site performance.

Cookies

A Cookie is a piece of information that our web server may send to your machine when you visit our web site(s). The Cookie is stored on your machine, but does not identify you or give us any information about your computer. A Cookie helps us to recognise you when you re-visit our web site(s) and to coordinate your access to different pages on our web site(s). With most Internet Browsers, you can erase Cookies from your computer hard drive, block all Cookies, or receive a warning before a Cookie is stored. If you want to do this, refer to your Browser instructions or help screen to learn more.

Links to other sites

Websites operated by us may contain links to other sites operated by third parties. We make no representations or warranties as to the privacy practices of any third-party site and are not responsible for the privacy policies of other sites. We advise that you check the privacy policies on those sites.

Future changes to this policy

We may change this policy from time to time and will notify you by posting an updated version of this policy on this website. This document represents our policy as at October 2018.

Contacting us, complaints and further information

If you have any questions about our privacy policy, or any complaint or concern regarding your privacy information held by us, please contact us as follows: Email: steve@courageforprofit.com Telephone: 1300 88 55 30 / 0422 101 560 By mail: Privacy Officer, Courage for Profit Pty Ltd, 6-7 Hartnett Close, Mulgrave, Victoria 3170, Australia

Terms & Conditions & Refund Policy

These are the terms and conditions upon which the Seller (as named in section 1.1(q)(i) below) or as agents for Seller sell and quote for the sale of goods and services as of 1st October 2018.

1. DEFINITIONS AND INTERPRETATION

1.1 Definitions

In these terms and conditions, unless the context otherwise requires:
(a) “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of State Fair Trading legislation.
(b) “Buyer” means the Person named in the relevant Sales Invoice or Quotation.
(c) “Business Day” means a day other than a weekend or public holiday in the place which the goods are delivered.
(d) “Consumer” means: (i) a person acquiring Goods of a kind ordinarily acquired for personal, domestic or household use or consumption; or (ii) a person acquiring Goods at a price not exceeding $40,000; or (iii) the Goods consisted of a vehicle or trailer acquired for use principally in the transport of goods on public roads, But excludes a person acquiring the Goods, or holding himself or herself out as acquiring the Goods for the purpose of: (i) re-supply; or (ii) using them up or transforming them, in trade or commerce, in the course of a process of production or manufacture or in the course of repairing or treating other goods or fixtures on land.
(e) “Excluded Loss” means:

  • If less than 14 business days’ notice is given, then only a 0% refund will be made.

(i) in the case of loss or damage resulting from a breach of contract (including any contractual duty of care) loss of revenue; loss of profit; loss or denial of opportunity; loss of access to markets; loss of goodwill; loss of business reputation; loss arising from late delivery or failure to deliver goods; loss arising from any business interruption; increased overhead costs and any indirect, remote or unforeseeable loss occasioned by that breach, whether or not in the reasonable contemplation of the Buyer and the Seller at the time of the Quotation, Sales Invoice or any delivery of goods as being a probable result of the relevant breach; and

(ii) in the case of loss or damage arising from any tort (including negligence) which does not also constitute a breach of contract – indirect, remote or unforeseeable loss and, in the case of pure economic loss, loss not flowing directly from the commission of the tort.

(f) “Excluded Loss” means:

(i) ) in the case of loss or damage resulting from a breach of contract (including any contractual duty of care) loss of revenue; loss of profit; loss or denial of opportunity; loss of access to markets; loss of goodwill; loss of business reputation; loss arising from late delivery or failure to deliver goods; loss arising from any business interruption; increased overhead costs and any indirect, remote or unforeseeable loss occasioned by that breach, whether or not in the reasonable contemplation of the Buyer and the Seller at the time of the Quotation, Sales Invoice or any delivery of goods as being a probable result of the relevant breach; and

(ii) in the case of loss or damage arising from any tort (including negligence) which does not also constitute a breach of contract – indirect, remote or unforeseeable loss and, in the case of pure economic loss, loss not flowing directly from the commission of the tort.


(g) “Exclusive Goods” means any goods which are, at the Buyer’s request, embellished, embroidered, printed, machined, cut-to-size or specifically ordered for the Buyer.
(h) “GST Amount” means any Payment (or the relevant part of that Payment) multiplied by the appropriate rate of GST.
(i) “GST Law” has the meaning given to that term in A New Tax System (Goods and Services) Act 1999, or, if that Act does not exist for any reason, means any Act imposing or relating to the imposition or administration of a goods and services tax in Australia and any regulation made under that Act.
(j) “Payment” means any amount payable under or in connection with a Quotation or Sales Invoice including any amount payable by way of indemnity, reimbursement or otherwise (other than a GST Amount) and includes the provision of any non-monetary consideration.
(k) “Person” includes an individual, the estate of an individual, a body politic, a corporation, an association (incorporated or unincorporated) and a statutory or other authority.
(l) “PPSA” means Personal Property Securities Act 2009 (Cth).
(m) “Purchase Price” means the price for the goods set out in the relevant Quotation or Sales Invoice.
(n) “Quotation” means the form of quotation submitted by a Seller to the Buyer in which these terms and conditions are deemed to be incorporated.
(o) “Sales Invoice” means the sales invoice issued by a Seller to the Buyer in which these terms and conditions are or are deemed to be incorporated.
(p) “Seller” in relation to any Quotation or Sales Invoice means: (i) except as set out in (ii) below, Courage for Profit Pty Ltd: ACN 139 815 393; (ii) if in a Quotation or Sales Invoice a company referred to in (i) above is expressed to be acting as agent for a Person named in the Sales Invoice or Quotation then the Seller is that Person and the Buyer acknowledges that the Seller as named above acts only as the agent of that Person.
(q) “Tax Invoice” has the meaning given to that term by the GST Law.
(r) “Taxable Supply” has the meaning given to that term by the GST Law.

1.2 Interpretation


(a) Any special conditions specified on a Quotation or Sales Invoice shall, to the extent they are inconsistent with these terms and conditions, take precedence over these terms and conditions.
(b) Words importing the singular shall include the plural (and vice versa).
(c) If any provision of these terms and conditions is invalid and does not go to the essence of this agreement, these terms and conditions should be read as if that provision has been severed.

2. GOVERNING TERMS AND CONDITIONS

These are the only terms and conditions which are binding upon a Seller with the exception of those otherwise agreed in writing by the Seller which are imposed by a statute such as the Competition and Consumer Act 2010 (Cth) and which cannot be excluded. Any direction by the Buyer either verbal or written to procure goods or services from the Seller will be deemed as acceptance by the Buyer of these terms and conditions, despite any provisions to the contrary in the direction or any purchase order issued by the Buyer.

3. TERMS OF PAYMENT

Payment to the Seller for goods delivered and accepted is due within 7 from invoice receipt for the month in which the Buyer is invoiced for the goods. If the Buyer fails to make payment in accordance with this clause, all amounts owing by the Buyer to the Seller named in the Sales Invoice or any other Seller on any account shall immediately become due and payable. Each outstanding amount shall bear interest of the rate of 10% per annum calculated on a daily basis from the day it falls due until the day it is paid.

4. INSPECTION AND ACCEPTANCE

The Buyer shall inspect all s uposervices delivery and shall within two (2) Business Days of delivery give notice to the Seller named in the relevant Sales Invoice or of any matter or thing by which the Buyer alleges that the goods are not in accordance with the Buyer’s order. Failing such notice, subject to any non-excludable condition implied by law, such as those in the Competition and Consumer Act 2010 (Cth), the goods shall be deemed to have been delivered to and accepted by the Buyer.

5. RETURNS

Return of goods (other than in situations where the Seller is required to accept a return of goods under the Australian Consumer Law) must be approved by the Seller named in the relevant Sales Invoice. These authorised returns must be freight prepaid and will only be accepted if they are in a saleable condition and (unless otherwise agreed with the Seller) the goods are returned within 14 days of supply. The Seller reserves the right to charge a handling fee of 10% of the price of the goods returned (whichever is greater) under this provision. The Seller will not accept the return of goods specifically purchased, manufactured, machined or cut to size or to the Buyer’s specification other than in situations where the Seller is required to accept a return of such goods under the Australian Consumer Law.

6. QUOTATIONS


(a) Unless previously withdrawn, a quotation is valid for 30 days or such other period as stated in it. A quotation is not to be construed as an obligation to sell but merely an invitation to treat and no contractual relationship shall arise from it until the Buyer’s order has been accepted in writing by the Seller which provided the Quotation.
(b) No Seller shall be bound by any conditions attaching to the Buyer’s order or acceptance of a Quotation and, unless such conditions are expressly accepted by the relevant Seller in writing, the Buyer acknowledges that such conditions are expressly negatived.
(c) Every Quotation is subject to and conditional upon obtaining any necessary import, export or other licence.

7. GST

The parties agree that:
(a) the Purchase Price is inclusive of GST;
(b) all other Payments have been calculated without regard to GST;
(c) each party will comply with its obligations under the Competition and Consumer Act 2010 (Cth) when calculating the amount of any Payment and the amount of any relevant Payments will be adjusted accordingly;
(d) if the whole or any part of any Payment is the consideration for a Taxable Supply (other than for payment of the Purchase Price) for which the payee is liable to GST, the payer must pay to the payee an additional amount equal to the GST Amount, either concurrently with that Payment or as otherwise agreed in writing.
(e) any reference to a cost or expense in this Agreement excludes any amount in respect of GST forming part of the relevant cost or expense when incurred by the relevant party for which that party can claim an Input Tax Credit; and the payee will provide to the payer a Tax Invoice.

8. PASSING OF PROPERTY AND RISK


(a) Goods supplied by a Seller to the Buyer shall be at the Buyer’s risk immediately upon deliver to the Buyer, into the Buyer’s custody or at the Buyer’s direction (whichever happens first). The Buyer shall insure the goods from the time of that delivery at its cost against such risks as it thinks appropriate, shall note the interest of the Seller named in the relevant Sales Invoice on the insurance policy and shall produce a certificate to this effect to that Seller upon request.
(b) Property in the goods supplied by a Seller to the Buyer under these terms and conditions shall not pass to the Buyer until those goods and other goods have been paid for in full.
(c) Until the goods have been paid for in full:

(i) the Buyer shall store the goods in a manner which shows clearly that they are the property of the Seller which supplied them; and

(ii) the Buyer may sell the goods, in the ordinary course of its business, as agent for the Seller and shall account to the Seller for the proceeds of sale (including any proceeds from insurance claims). These proceeds must be kept in a separate bank account.


(d) The Buyer irrevocably authorises each Seller at any time to enter onto any premises upon which:

(i) the Seller’s goods are stored to enable the Seller to:- inspect the goods; and/or – if the Buyer has breached these terms and conditions, reclaim the goods;

(ii) the Buyer’s records pertaining to the goods are held to inspect and copy such records.


(e) The Buyer and each Seller agree that the provisions of this clause apply notwithstanding any arrangement under which that Seller grants credit to the Buyer.
(f) Each party consents to the other perfecting any security interest under this agreement which arises by operation of the PPSA in any property by registration under the PPSA and agrees to do anything reasonably requested by the other party to enable it to do so.
(g) The parties contract out of each provision of the PPSA which, under section 115(1) of that Act, they are permitted to contract out of, other than:

(i) sections 117 and 118 (relationship with land laws); and

(ii) sections 134(1) and 135 (retention of collateral).


(h) Each party waives its right to receive each notice which, under section 157(3) of the PPSA, it is permitted to waive.
(i) Each party waives its rights to receive anything from any other party under section 275 of the PPSA and agrees not to make any request of any other party under that section.

9. SUPPLY

Each Seller reserves the right to immediately suspend, cancel or discontinue the supply of goods to the Buyer without further notice to the Buyer where:
(a) the Seller reasonably suspects that the Buyer is in breach of these terms and conditions; or
(b) the Buyer is otherwise in breach of its payment obligations to the Seller, and Courage for Profit Pty Ltd: ACN 139 815 393will not incur any liability to the Buyer in respect of such suspended, cancelled or discontinued supply.

10. PART DELIVERIES

Each Seller reserves the right to make part deliveries of any order, and each part delivery shall constitute a separate sale of goods upon these terms and conditions. A part delivery of an order shall not invalidate the balance of an order.

11. INSTALLATION

A Seller’s Quotation or Sale Invoice is made on a supply only basis. Installation and commissioning (if any) is at the expense of the Buyer unless otherwise specified in writing by the relevant Seller.

12. DIMENSIONS, PERFORMANCE DATA AND OTHER DESCRIPTIVE DETAILS


(a) Photographs, drawings, illustrations, weights, dimensions and any other particulars accompanying, associated with or given in a Quotation, descriptive literature or a catalogue approximate the goods offered but may be subject to alteration by the manufacturer or supplier without notice.
(b) To the extent permitted by statute, any performance data provided by the Seller, a supplier or a manufacturer is an estimate only and should be construed accordingly.
(c) Unless agreed to the contrary in writing, each Seller reserves the right to offer an alternative brand or substitute product that has characteristics that are materially consistent with the goods offered when necessary. Substitution will not be given effect to until approval is received from the Buyer.

13. SHIPMENT AND DELIVERY


(a) Upon acceptance of an order by a Seller that Seller will seek confirmation of the period of shipment or delivery. If any variation has occurred in the quoted period, that Seller will notify the Buyer. Unless the Buyer objects in writing within 7 days of that notification to the Buyer, the period of shipment or delivery notified to the Buyer will be the contractual period for shipment or delivery.
(b) Each Seller may impose a delivery charge on all deliveries (subject to such charge being notified to the Buyer in advance) with the exception of back order deliveries which are part of an original order that has been partly fulfilled.

14. MANUFACTURERS’ CHANGES

Where a Seller is acting as agent for a manufacturer or supplier, to the extent permitted by statute, the Seller (as defined in clause 1.1(q)(i)) shall not be liable for any alteration or variation in the goods made by this manufacturer or the supplier.

15. CURRENCY

Where goods are imported into Australia, any adverse variation in the price arising from fluctuation in exchange rates between the date of the Buyer’s order and the date of payment by the relevant Seller will be to the Buyer’s account.

16. CONTINGENCIES

Any charge, duty, impost, sales tax or other expenditure which is not applicable at the date of Quotation or Sales Invoice but which is subsequently levied upon a Seller in relation to a Quotation or Sales Invoice as a result of the introduction of any legislation, regulation or governmental policy, shall be to the Buyer’s account.

17. CHARGES BEYOND POINT OF DELIVERY QUOTED

Unless otherwise agreed in writing, if a Seller prepays freight, insurance, custom and import duties (if any), landing and delivery charges and all other charges in connection with shipment and delivery of the goods, then any such charges shall be to the Buyer’s account. Each Seller reserves the right to nominate the means of delivery.

18. FORCE MAJEURE

If the performance or observance of any obligations of any Seller is prevented, restricted or affected by reason of a force majeure event including strike, lock out, industrial dispute, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond the reasonable control of the Seller, the Seller may, in its absolute discretion give prompt notice of that cause to the Buyer. On delivery of that notice the Seller is excused from such performance or observance to the extent of the relevant prevention, restriction or effect.

19. BUYER’S CANCELLATION

Unless otherwise agreed in writing, the Buyer shall have no right to cancel an order which has been accepted by a Seller. If a right of cancellation is expressly reserved to the Buyer, such right of cancellation must be exercised by notice in writing from the Buyer to the Seller with which the order has been placed not later than 14 days prior to the estimated date of shipment by the manufacturer or that Seller as the case may be. Unless otherwise agreed between the Buyer and Seller, upon cancellation prior to shipment any deposit paid by the Buyer shall be forfeited to the manufacturer or Seller (as the case may be).Despite the cancellation of any order for any reason, the Buyer must still purchase from the Seller any goods ordered by the Buyer which constitute Exclusive Goods (whether in store, in transit or being manufactured) which were procured or ordered by the Seller before such cancellation, unless otherwise agreed in writing by the Seller.

Cancellation Policy:

  • If less than 14 days’ notice is given, then no refund will be made
  • If more than 14 days’ notice is given, a full refund will be given

20. WARRANTY AND LIABILITY OF SELLER


(a) The Seller makes no express warranties under this Agreement. Manufacturers of goods may, from time to time, provide a voluntary warranty directly to the Buyer in relation to goods supplied to the Buyer. The Buyer must address issues relating to a manufacturer’s warranty with the manufacturer on the terms of that warranty.
(b) Buyer shall immediately notify the Seller in writing of any defect in the goods supplied by the Seller. The Buyer shall not carry out any remedial work to allegedly defective goods without first obtaining the written consent of that Seller to do so. The provisions of this clause 20(b) do not constitute a warranty in relation to the quality or fitness of the goods, or require the Seller to repair or replace goods, or offer a refund in relation to goods, in circumstances other those set out in Australian Consumer Law (to the extent that the Australian Consumer Law applies to the goods).
(c) The Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law guarantee certain conditions, warranties and undertakings, and give you other legal rights, in relation to the quality and fitness for purpose of consumer goods sold in Australia. These guarantees cannot be modified nor excluded by any contract. Nothing in these terms and conditions purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws which cannot be modified or excluded. Except as expressly set out in this Agreement and the Australian Consumer Law, the Seller makes no warranties or other representations under this Agreement. The Seller’s liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law.
(d) Without limiting clause 20(c), where the Seller sells goods to the Buyer, and the Buyer purchases them as a Consumer, then the Australian Consumer Law provides certain guarantees in relation to the goods. The rights of the Buyer buying goods as a Consumer include those set out in clause 20(e) below.
(e) Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
(f) To the extent permitted by statute, the liability, if any, of the Seller arising from the breach of any implied conditions or warranties, or failure to comply with a statutory guarantee under the Australian Consumer Law, in relation to the supply of goods other than goods of a kind ordinarily acquired for personal, domestic or household use or consumption, shall at the Seller’s option be limited to:

(i) the replacement of the goods or resupply of the goods by the Seller, or the cost of replacement or resupply of the goods; or

(ii) the repair of the goods, or the cost of repair of the goods.


(g) Subject to clause 20(c), the Seller shall not in any circumstances be liable to the Buyer under or in connection with this Agreement, or in negligence or any other tort or otherwise howsoever, as a result of any act or omission in the course of or in connection with the performance of this Agreement, for or in respect of any Excluded Loss.
(h) The Seller makes no express warranties in relation to the suitability for any purpose of goods or materials supplied by a Seller.
(i) To the extent permitted by statute, all warranties, conditions and guarantees (whether express, implied or applied, and whether given by the Seller, the manufacturer or a third party) and any obligation of the Seller to repair or replace any goods are void in respect of any goods which the Buyer tampers with or alters.

21. ALTERATION TO CONDITIONS

A Seller may, at any time and from time to time, alter these terms and conditions, provided that any variation to these standard terms and conditions will not apply to any:
(a) orders placed not yet fulfilled prior to the date of such variation taking effect; or
(b) contract for a specified term that incorporates a version of these standard terms and conditions released prior to the variation.

22. VIENNA SALES CONVENTION

To the fullest extent permitted by law, the United Nations Convention on Contracts for the International Sale of Goods (Vienna 1980) known as the Vienna Sales Convention does not apply to the contract comprised by these terms and conditions nor do any of the terms and conditions express or implied by the Vienna Sales Convention form part of the contract.

23. GOVERNING LAW

These terms and conditions and any contract including them shall be governed by and construed in accordance with the laws of the State of New South Wales and the Seller and the Buyer submit to the non-exclusive jurisdiction of the Courts of New South Wales.

Any queries please contact

Courage for Profit

6-7 Hartnett Close Mulgrave, VIC 3170

0422 101 560