1.   Acceptance of terms and condition

These terms and conditions set out the basis upon which Freeline™ Sports Australia Pty Limited (FSAPL) will supply goods to end user customers (Customer).

These terms and conditions:

(a)   can only be varied by the written agreement of FSAPL; and

(b)   override all terms or conditions sought to be imposed by the end user Customer, unless expressly agreed by FSAPL

FSAPL may at any time make changes to any one or more of the following terms of an order, provided such changes are notified to the Customer prior to the order being despatched:

(i)   the detailed specifications of goods supplied, provided the goods comply in all material respects with the sample or description provided to the Customer;

(ii)   methods of shipment or packing; and

(iii)   time and place of delivery.

2.   Price, payment and ownership

The prices specified in a confirmed order or, if no such price is specified, applying at the time of an order, shall apply.

All pricing is in Australian dollars and includes GST.

All orders placed are subject to confirmation and acceptance by FSAPL.

FSAPL requires payment to be made in full for all orders prior to shipping or supply of any goods.

Ownership of all goods shall pass from FSAPL to the Customer upon payment in full.

3.   Delivery

FSAPL agrees to use all reasonable efforts to meet the Customer's requirements for delivery. FSAPL shall under no circumstances be responsible if the goods are delivered late.

4.   Risk

Risk of loss or damage from any cause whatsoever shall pass to the Customer upon delivery of the goods to the Customer's nominated place of delivery.

5.   Warranties

FSAPL warrants that the goods comply with the manufacturer's standard quality.

All warranty claims must be approved by FSAPL before returning goods. This may be done by contacting FSAPL by phone, email or fax.

The Customer is responsible for any shipping and insurance cost of returning goods for warranty claim.

All other warranties are excluded to the fullest extent permitted by law.

6.   Defective Goods

In the event that any goods supplied by FSAPL are found to be defective, the Customer shall notify FSAPL as soon as practicable, and in any event within 30 days of delivery of the goods by FSAPL to the Customer. FSAPL will not be responsible for defects notified after this time.

FSAPL liability for such defective goods shall be limited to either replacing the goods, or refunding the Customer the cost price, at FSAPL's option.

7.   Limitation of Liability

The liability of FSAPL to the Customer, whether in tort, contract or otherwise howsoever shall be limited to the cost of the goods in question.

In the event of any third party claim, the Customer shall notify FSAPL as soon as practicable of such claim, and shall provide all such assistance as FSAPL shall reasonably require.

FSAPL shall not be liable to the Customer, or any other person whomsoever, for any loss, injury, death or damage whatsoever or howsoever caused arising directly or indirectly in connection with the goods or use thereof.

The Customer shall indemnify Freeline™ and hold it harmless to the extent that the Customer shall have caused or contributed to such claim.

8.   Governing Law

All orders shall in all respects be deemed to be a contract made in New South Wales and shall be governed by New South Wales law.