These terms and conditions are the only terms and conditions of quotation and sale to which playhardsports.com.au (ABN 79 066 094 559) will be bound and the Customer agrees that these terms and conditions will in all circumstances prevail over the Customer’s terms and conditions of purchase.

These terms and conditions supersede and exclude all prior and other discussions, representations and arrangements relating to the supply of goods, including but not limited to, those relating to the performance of the goods or the results that ought to be expected of the goods.

1. AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and playhardsports.com.au’s rights and obligations to each other.

2. LIMITATION OF LIABILITY

It is an essential pre-condition to you using our website that you agree and accept that playhardsports.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

3. COMPETITION AND CONSUMER ACT

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), playhardsports.com.au’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and to purchase any goods or services.

4. ORDERS

Any special conditions specified on a Quotation or Invoice shall, to the extent they are consistent with these Terms, take precedence over these Terms.

Any direction by the Customer, either verbal or written, to procure goods or services from playhardsports.com.au, will be deemed as acceptance by the Customer of these Terms, despite any provisions to the contrary in the direction or any purchase order issued by the Customer.

Any orders placed by you in the manner described in this website is an offer to purchase a particular product for the price, including delivery charges and GST, specified in this website at the time you place your order and on these conditions.

All orders will be acknowledged by email with a Confirmation of Order and expected dispatch date. Playhardsports.com.au will not be held responsible for any delays in dispatch due to unforeseen circumstances.

Payment for orders is processed at the time of ordering goods. No goods will be dispatched until payment is made in full.

5. ACCEPTANCE

The Customer is to have accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for or accepts delivery of goods.

These terms and conditions may only be amended with playhardsports.com.au’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and playhardsports.com.au.

All patent, design rights, trade marks, copyright, original works and any other intellectual property in design, specification, process, method of working in relation to goods, shall vest for all times in playhardsports.com.au. The Customer is only granted an irrevocable licence to use the goods.

6. PRICES

Prices displayed on the website may change from time to time. Once an order is placed that price will hold. If playhardsports.com.au is unable to supply the product ordered or if there will be a significant delay in processing the order, we will contact you and either offer a similar product or refund your money.

Unless otherwise stated the price does not include freight, transportation, shipping, insurance, packing, storage and handling, and all sales, goods and services, excise or other taxes, and the Customer shall pay and indemnify playhardsports.com.au for those charges or taxes.

All prices are in Australian dollars and are subject to any variation in exchange rates, custom duties, taxes, freight insurance. Overseas customers should contact playhardsports.com.au for an export price.

Prices quoted are based on playhardsports.com.au’s estimated cost of production, manufacture or supply at the time of quotation and may be altered without notice to the Customer if there is any increase in the Supplier’s costs between date of quote and date of acceptance of the order. Subject to the above statement and at playhardsports.com.au’s discretion, the price shall be either as indicated on any invoice provided by playhardsports.com.au to the Customer or playhardsports.com.au’s quoted price which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.

7. PAYMENT

Payment may be made by cheque, Mastercard, Visa, American Express or EFT. Payment must be made prior to dispatch of goods unless otherwise agreed to by playhardsports.com.au in writing.

The Customer, at times, may be required to pay a deposit or invoice in full, prior to commencement of work or before despatch, if the value of the work exceeds a reasonable amount or due to the unique nature of the product.

Where playhardsports.com.au has agreed to extend credit to the Customer, payment must be made within the agreed terms. playhardsports.com.au also reserves the right to vary the terms of payment and to require payment in cash in full prior to any further deliveries, should the credit worthiness of the Customer at any time become in playhardsports.com.au’s opinion, unsatisfactory.

The Customer is not entitled to make any deduction from amounts owing, in respect of any set off or counter claim being held back for retention.

The debit balance of the account must not at any time exceed the credit limit.

8. PAYMENT DEFAULT 

If the Customer defaults in payment by the due date of any amount payable to playhardsports.com.au and does not remedy the default within seven (7) days of written notice of the default by playhardsports.com.au, then all money which would become payable by the Customer to playhardsports.com.au at a later date on any account, becomes immediately due and payable without the requirement of any notice to the Customer, and playhardsports.com.au may, without prejudice to any of its other accrued or contingent rights:

i) Charge the Customer interest on any sum due at the prevailing rate of 2.5% calculated on the outstanding balance and capitalised monthly till paid.

ii) Charge the Customer for, and the Customer must indemnify playhardsports.com.au from, all costs and expenses (including legal costs and expenses) incurred, resulting from the default or in taking action to enforce compliance with the Agreement or to recover any good.

iii) Cease or suspend supply of any further goods or services to the Customer.

iv) By written notice to the Customer, terminate any uncompleted contract with the Customer.

v) Where the Customer becomes bankrupt or has a liquidator, administrator or receiver appointed, all amounts owing will become due and payable.

vi) Without prejudice to any other rights which playhardsports.com.au may have under this contract or at law, playhardsports.com.au shall be entitled to enter upon the Customer’s premises and repossess the goods without notice, upon occurrence of any of the following events:

a) The Customer, being a natural person, commits an act of bankruptcy, or is declared insolvent;

b) Where the Customer is a corporation, proceedings are commenced to wind up the Customer or the Customer is put under official management or a receiver is appointed over the Customer’s undertaking or property, or the Customer is placed under any other form of administration;

c) The Customer, in the opinion of playhardsports.com.au is in breach of any terms of this contract.

vii) Legal and equitable title in the goods shall not pass to the Customer until the purchase price is paid in full to playhardsports.com.au, but risk in the goods shall pass to the Customer immediately upon delivery.

9. GOODS AND SERVICES TAX

Prices shown on the website are exclusive of GST unless otherwise stated. GST will be calculated and added to the final invoice price.

All prices quoted are ex-gst which shall be paid by the Customer to playhardsports.com.au and which shall be indicated on a Tax Invoice.

10. DELIVERY OF GOODS
Playhardsports.com.au uses National Freight Carriers or reputable courier companies to deliver goods.

Deliveries are processed promptly upon receipt of full payment. Stock items are despatched within 3 working days. Custom items may take 14 working days to be despatched. Replacement of damaged or lost items is made at the discretion of playhardsports.com.au.

Play Hard Sports Equipment will endeavour to deliver in the time frame indicated but will not be responsible for any loss or damage sustained by you or any other person, by reason any delay in delivery or any failure to fulfil an order or make delivery, however caused

The Customer shall be responsible for the immediate examination of the goods upon delivery and shall notify playhardsports.com.au of any defects, damages or incorrect supply within 7 days of delivery. Failure to notify playhardsports.com.au within the seven days the Customer shall be deemed to have accepted the goods and become liable for payment.

Delivery of goods is taken to occur at the time that the Customer or the Customer’s nominated carrier takes possession of the goods at playhardsports.com.au premises or playhardsports.com.au carrier delivers the goods to the Customer’s nominated address even if the Customer is not present at this address.

At playhardsports.com.au discretion the cost of delivery is either included in the Price or is in addition to the Price. If hand unloading or a truck with a lifter is required, additional charges will be incurred by the Customer and an Invoice will be raised in addition to the original sale unless playhardsports.com.au was made aware of this requirement at the time of purchase.

Playhardsports.com.au. may deliver the goods in separate instalments. Each separate instalment will be invoiced and paid in accordance with the provision of these terms and conditions.

Any time or date given by playhardsports.com.au given to the Customer is an estimate only. The Customer must still accept delivery of the goods even if late and playhardsports.com.au. will not be liable for any loss or damage incurred by the Customer as a result of the delivery being late.

Risk of damage or loss of the goods passes to the Customer on delivery. It is the Customer’s right to refuse acceptance of any goods which have been damaged in transit. In this event Customers need to contact playhardsports.com.au.

If the Customer requests playhardsports.com.au to leave goods outside the Customer’s premises or deliver to an unattended location then such goods shall be left at the Customer’s sole risk.

11. WARRANTY

Playhardsports.com.au warrants that all goods manufactured by it will be free from defects in materials or workmanship under what playhardsports.com.au considers to be normal use and service.

The Customer must notify playhardsports.com.au immediately of any defect in the goods which it becomes aware after delivery and will take all reasonable steps to mitigate loss (if any) arising as a consequence of the defect. Playhardsports.com.au will not be required to incur additional expense in repairing goods caused by the transformation of goods or the integration of goods with other goods.

Playhardsports.com.au will investigate and determine, in its discretion, whether the goods and their components are defective. All other costs, including cartage and installation must be paid by the Customer. Playhardsports.com.au reserves the right to pursue reimbursement of any costs associated with any warranty investigation if it is determined not to be a fault or failure in its services and therefore not a warranty claim.

The Customer agrees to release, hold harmless and indemnify playhardsports.com.au from and against any liability whatsoever and howsoever arising in connection with the use of goods by the Customer.

In relation to the goods the subject of an order for less than $40,000, playhardsports.com.au acknowledges that the 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.

To the maximum extent permitted by law, the liability of playhardsports.com.au, howsoever arising under a contract, is limited at playhardsports.com.au’s option to:

i) the replacement or repair of the goods
ii) the supply of equivalent goods; or
iii) the cost of replacing or repairing the goods or of acquiring equivalent goods.

Playhardsports.com.au accepts no responsibility for loss of or damage to or maintenance of secrecy with respect of any plans, drawings, samples or other material supplied by the Customer to playhardsports.com.au, although reasonable care will be taken. If any goods are manufactured to the design or specifications of the Customer, the Customer will indemnify playhardsports.com.au for any loss or damage sustained by playhardsports.com.au arising out of any breach of patent, trademark or registered design.

12. RETURNS AND REFUNDS
Playhardsports.com.au handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
Should you wish to return your order, please notify us within 14 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. It will be the customer’s responsibility to organise return of the goods. Unopened goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment. Refund payments may take up to 7 business days to be received. Refunds are made at the discretion of playhardsports.com.au.
Playhardsports.com.au  reserves the right to charge a restocking and handling fee on goods returned by the Customer. Acceptance of returned goods is at the discretion of playhardsports.com.au and only with prior approval of same. Goods that have been manufactured to the Customer’s specifications will not be returnable to Playhardsports.com.au.

Goods must be returned at the expense of the Customer. Goods returned for credit and accepted by Playhardsports.com.au will at Playhardsports.com.au discretion be subject to a minimum 20% restocking fee. The Customer shall not be entitled to any credit if goods are not returned within 30 days of notification.

If the Customer does not comply with this clause the Customer shall be taken to have unconditionally accepted that the goods comply with the Sale Conditions.

13. RISK AND INSURANCE

Risk in the goods passes to you at the time you accept receipt of the goods.