Terms of service

1) Definitions, Interpretation

1.1 Definitions

Additional Charges includes all delivery, handling and storage charges, goods and services tax, interest, legal and other costs of recovery of unpaid money and all other government imposts and all money, other than the Purchase Price, payable by the Customer to Blue Dinosaur arising out of the sale of the Goods.

Blue Dinosaur means Blue Dinosaur Pty Ltd ABN 89 159 791 376.

Customer means the person, firm or corporation named in the Quotation / Invoice or Order and in the case of an individual, his executors, administrators and assigns, and in the case of a corporation, its successors and assigns.

Goods mean the goods sold to the Customer by Blue Dinosaur and includes any related services provided by Blue Dinosaur.

GST means any goods and services tax under A New Tax System (Goods and Services Tax) Act 1999 ("GST Act").

Invoice means any invoice given by Blue Dinosaur to the Customer in connection with its supply to the Customer of the Goods that are subject to these Terms.

Order means an order to buy the Goods from Blue Dinosaur made by the Customer to Blue Dinosaur.

PPSA means the Personal Property Securities Act 2009 (Cth).

Purchase Price means:

    1. in the case where a Quotation has been issued by Blue Dinosaur to the Customer for the supply of the Goods, such amount as Blue Dinosaur has specified in the Quotation as being the Purchase Price; and
    2. in any other case, the price determined by Blue Dinosaur and specified in Blue Dinosaur's Invoice in respect of the relevant Goods

Quotation means any quotation given by Blue Dinosaur to the Customer for Blue Dinosaur to supply to the Customer the Goods and subject to these Terms.

Special Conditionsmeans those terms and conditions of Blue Dinosaur (if any) in addition to these Terms set out in the relevant Quotation, or acceptance of any Order, as the case may be.

Terms means these terms and conditions of sale as amended from time to time by Blue Dinosaur and notified to the Customer.

Transaction means a payment by the Customer to Blue Dinosaur in exchange for Goods.

Website means Blue Dinosaur's website located at the URL www.bluedinosaur.com.au.

1.2 Interpretation

In the event of any inconsistency between these Terms and any Special Conditions, the Special Conditions will prevail.

2A) Transactions

2A.1 The Customer may be required to make a Transaction through the Website for Goods.

2A.2 All Transactions made through the Website will be covered by these Terms and any additional terms or conditions displayed during the finalisation of the Transaction.

2A.3 All Goods offered on the Website are subject to the restrictions and disclaimers contained in these Terms in addition to any other Terms and conditions which apply to those Goods.

2A.3 By completing a Transaction the Customer agrees to pay all amounts related to the Transaction including all taxes and delivery charges by the relevant due date. Once a Transaction is completed on the Website it cannot be cancelled or reversed.

2A.4 The Customer acknowledges and accept that, while Blue Dinosaur make all reasonable commercial efforts to ensure Transactions occur in a secure environment, transacting through the Internet has inherent risks and Blue Dinosaur is not responsible for any unauthorised:

    1. interception, modification or diversion of a Transaction request; or
    2. access or copying of details relating to a Transaction (including personal or financial information).

2A.5 Blue Dinosaur reserves the right to modify, suspend or cancel any Transaction for any reason.

2) Quotation & Orders

2.1 Unless previously withdrawn, a Quotation is valid for 14 days from the date the Quotation is provided or such other period as agreed by Blue Dinosaur. A Quotation is not to be construed as an obligation by Blue Dinosaur to sell but merely an invitation to treat and no contractual relationship shall arise there from until an Order has accepted by Blue Dinosaur.

2.2 Blue Dinosaur is not bound by any conditions attached to any Order unless such conditions are expressly accepted by Blue Dinosaur; otherwise, these Terms and any Special Conditions override and prevail over any conditions contained in the Customer's Order.

2.3 The Customer and Blue Dinosaur agree that an Order is binding on Blue Dinosaur and Customer immediately upon Blue Dinosaur accepting the Order or Blue Dinosaur making a supply to the Customer and such Order is subject to these Terms.

2.4 An Order which has been accepted in whole or in part by Blue Dinosaur cannot be cancelled by the Customer without obtaining the prior written approval of Blue Dinosaur, which it may refuse in its absolute discretion.

2.5 The Customer must place all Orders to Blue Dinosaur in writing specifying order number, date of order, Goods required, place of delivery and full name and title of person placing the order.

2.6 Minimum order values or quantity may apply to particular Orders made by the Customer (as specified in Blue Dinosaur's price list or as otherwise advised by Blue Dinosaur from time to time). Orders below a minimum order value or quantity will incur an additional (excluding GST) service charge.

3) Price & Payment

3.1 The Customer must pay the Purchase Price and the Additional Charges to Blue Dinosaur.

3.2 Where Blue Dinosaur has not agreed to grant credit to the Customer, all payments must be made by the Customer in advance or on delivery of the Goods. Where Blue Dinosaur has agreed to grant credit to the Customer, all payments are due by date specified on the invoice.

3.3 All prices quoted, unless otherwise stated, are inclusive of GST.

3.4 All prices, unless otherwise stated, are quoted in Australian dollars (AUD).

3.5 Goods prices do not include delivery fees.

3.6 In the event a Customer is entitled to a refund, the refund will be made to the original credit card. For paypal transactions the refund will be made to the paypal account.

3.7 When providing your credit or debit card details the Customer is warranting it is authorised to use that card and has sufficient available funds to cover the charges for the Goods and their delivery.

3.8 All payments by made by credit card (Visa/MasterCard only accepted) may incur a merchant handling fee of up to 2.5%. It is at Blue Dinosaur's sole discretion whether it chooses to charge this fee to the Customer.

3.9 All amounts payable by the Customer under these Terms must be paid without set-off or counter claim of any kind.

3.10 If the Customer fails to pay any amounts outstanding to Blue Dinosaur in full in accordance with this clause, then without prejudice to any other rights under these Terms or available by law:

    1. the Customer will be liable to pay interest on overdue amounts calculated at the rate of 1.5% per month or part of a month on amounts overdue from the due date until the date full payment is received by Blue Dinosaur; and
    2. Blue Dinosaur may suspend or cancel performance (including the supply/dispatch of the relevant Goods) of any of its contractual obligations to the Customer without prejudice to any of its existing rights; and/or
    3. Blue Dinosaur may cancel all discounts or rebates previously extended by it to the Customer.

3.11 The Customer is deemed to be in default immediately if any payment to Blue Dinosaur is not made promptly on or before the due date for payment.

3.12 In the event of a default by the Customer, then without prejudice to any other rights which Blue Dinosaur may have at law or under these Terms:

    1. Blue Dinosaur or its agents may without notice to the Customer enter the Customer's premises or any premises under the control of the Customer for the purposes of recovering the Goods;
    2. Blue Dinosaur may recover and resell the Goods; the Customer must pay to Blue Dinosaur all reasonable costs and disbursements incurred by Blue Dinosaur in pursuing any recovery action, or any other claim or remedy against the Customer, including debt recovery fees and legal fees incurred by Blue Dinosaur on a solicitor client basis and as a liquidated sum.

4) Cancellation & Termination

4.1 The Customer may not cancel an Order or any part of an Order:

    1. in respect of any Goods made specially to the Customer's requirements; or
    2. that is already prepared and/or with a courier for delivery.

4.2 Orders cancelled less than 2 days prior to the scheduled delivery date for deliveries within Australia, will incur an administration fee of $50.00.

4.2 If the Customer wishes to cancel the whole or any part of an Order the Customer must serve a cancellation request in writing on Blue Dinosaur, which it may accept in its absolute discretion.

4.3 If Blue Dinosaur agrees to the cancellation request Blue Dinosaur will refund any amounts paid by the Customer, less any administration fee and any other costs incurred by Blue Dinosaur up to the date that such notice is received by Blue Dinosaur. If Blue Dinosaur has incurred costs in excess of any amounts paid by the Customer, the Customer must on demand reimburse Blue Dinosaur for all such costs.

5) Delivery & Passing of Risk

5.1 The Customer acknowledges that any time quoted to them by Blue Dinosaur for delivery of the Goods is an estimate only. Blue Dinosaur may suspend delivery or extend delivery time in whole or part for any reason whatsoever.

5.2 Blue Dinosaur will not be liable in any way to the Customer (including without limitation for loss of profits or other consequential loss) for any loss arising out of any failure or delay in delivery of the Goods or in connection with damage to the Goods howsoever caused during delivery.

5.3 Blue Dinosaur may arrange for delivery of the Goods in instalments and these Terms will apply to the supply of each instalment as if that supply was the subject of a separate contract between Blue Dinosaur and the Customer. In particular, the Customer will pay Blue Dinosaur for each instalment so supplied, irrespective of the failure or delay in delivery of any other instalment.

5.4 The Goods will be at the Customer's risk:

    1. in the case where Blue Dinosaur arranges for delivery of the Goods to the Customer, just prior to the Goods being unloaded at the address nominated by the Customer for delivery; and
    2. in the case where the Customer arranges for the delivery of the Goods, immediately upon the Goods being placed into the possession of the Customer's carrier or the Customer's agent's carrier (as the case may be).

6) Title to Goods

6.1 Legal and beneficial title to the Goods will remain with Blue Dinosaur until the Purchase Price and any other amounts owing have been paid in full to Blue Dinosaur. Until such time and notwithstanding the delivery of the Goods to the Customer:

    1. Blue Dinosaur may retain possession of all documents or certificates of ownership or other evidence of title to the Goods;
    2. the Customer must maintain the Goods in the same condition as they are at the date of their delivery to the Customer;
    3. the Customer must not place, or allow to be placed, on the Goods any plates or marks that are inconsistent with the ownership of Blue Dinosaur;
    4. the Customer must not part with possession of the Goods without Blue Dinosaur's written consent;
    5. the Customer must store the Goods separately from any other goods in the Customer's possession and in such a manner as to indicate that the Goods are the property of Blue Dinosaur;
    6. the Customer will hold the Goods as Bailee on trust for Blue Dinosaur; and
    7. the Customer must not give another person an interest in or any form of security over the Goods, or authorise anyone else to do so, without Blue Dinosaur's written consent.

7) Return Policy

7.1 This clause applies where Blue Dinosaur, at its sole and absolute discretion, accepts the return of Goods from the Customer.

7.2 The Customer undertakes to examine the Goods immediately after delivery.

7.3 Any dissatisfaction with any Goods and all return and refund requests must be made by the Customer to Blue Dinosaur within seven (7) days of delivery of the order to the Customer. Complaints, return and refund requests can be made to info@bluedinosaur.com.au. Blue Dinosaur reserves the right to request photos of the original Goods.

7.4 Any returns or refunds must be authorized by Blue Dinosaur before any Goods can be returned.

7.4 If approval is granted by Blue Dinosaur, then Blue Dinosaur will issue the Customer with a "Credit Request Number". This does not constitute an acceptance by Blue Dinosaur of returned Goods.

7.5 Blue Dinosaur will not be obliged to accept Products returned by the Customer or granting a credit for such Products, unless:

    1. the returned Goods are accompanied by Blue Dinosaur's "Credit Request Number";
    2. the returned Goods are accompanied by Blue Dinosaur's packing reference and original invoice or the original invoice number; and
    3. the Goods are returned in original packaging and condition in which they were delivered or collected.

7.6 The return of Goods will be assessed and reviewed on a case by case basis.

7.7 Any discount or allowance (however determined) allowed by Blue Dinosaur to the Customer in respect of the Goods will be credited against the price of the Goods and will represent a reduction of that price.Should any refund be payable, such refund will be paid within 30 days.

7.8 Notwithstanding any right of the Customer to return the Goods, to the extent permitted by law, Blue Dinosaur will not accept the return of the Goods in the following circumstances:

    1. where the Goods have been incorrectly ordered by the Customer;
    2. any Goods that cannot be returned for health and/or safety reasons;
    3. if the Goods have been damaged or a defective as a result of the Customer's negligence in dealing with the Goods, or mishandling or misuse of the Goods;
    4. where the Customer has purchased the Goods from wholesaler, broker or other unauthorised supplier;
    5. where the Customer has purchased the Goods from a trustee, administrator, receiver or liquidator sale or auction.

7.9 The Customer is responsible for all shipping, postage, delivery, and / or freight costs when returning any Goods to Blue Dinosaur.

8) Registration of PPSR Security Interest

8.1 Defined terms in this clause have the same meaning as in the PPSA. At Blue Dinosaur's request, the Customer must promptly execute any documents and do anything required to register Blue Dinosaur's security interest in the Goods under applicable legislation (including the "security interest" granted to Blue Dinosaur under clause 8.3(a).

8.2 The goods supplied or to be supplied under these Terms fall within the PPSA classification of "Other Goods" acquired by the Customer pursuant to these Terms.

8.3 To secure payment of all amounts owing to Blue Dinosaur by the Customer and the performance of all other obligations of the Customer under these Terms which constitutes a Security Interest, to the extent applicable to the sale of the Goods, the Customer:

    1. grants to Blue Dinosaur a Security Interest in the Goods;
    2. must immediately return the Goods if requested to do so by Blue Dinosaur following non-payment of any amount owing by the Customer to Blue Dinosaur or non-fulfilment of any other obligation of the Customer to Blue Dinosaur, without limiting any other right Blue Dinosaur may have;
    3. gives Blue Dinosaur the right to inspect the Goods or any part of them at all reasonable times;
    4. waives its right:
      1. to receive any notice that Blue Dinosaur intends to sell the Goods or to retain the Goods on enforcement of the Security Interest granted to Blue Dinosaur under these Terms;
      2. to object to Blue Dinosaur's proposal to retain the Goods in satisfaction of any obligation owed by the Customer to Blue Dinosaur; and
      3. where any Goods become an accession, as defined in the PPSA, to not have any Goods damaged when the owner removes the accession, to receive notice of removal of the accession and to apply to the court for an order concerning the removal of the accession, under the PPSA;
    5. must not give to Blue Dinosaur a written demand, or allow any other person to give to Blue Dinosaur a written demand, requiring Blue Dinosaur to register a financing change statement or enter into or allow any other person to enter into the register of personal property securities a financing change statement under the PPSA in relation to the Goods;
    6. must not sell, lease, dispose of, create a Security Interest in, mortgage or part with possession of the Goods or any interest in them (or purport or attempt to purport to do such thing) or permit any lien over the Goods;
    7. by collecting or accepting delivery of the Goods, acknowledges that these Terms constitute a Security Agreement for the purposes of section 20 of the PPSA and it has received value as at the date of first collection of the Goods and has not agreed to postpone the time for attachment of the Security Interest granted to Blue Dinosaur under these Terms; and
    8. to the extent permissible by law, waives its right to receive notification of or a copy of any Verification Statement confirming registration of a Financing Statement or a Financing Change Statement relating to a Security Interest granted by the Customer, as Grantor, to Blue Dinosaur.

9) Acknowledgments

9.1 The Customer acknowledges and agrees that:

    1. the Goods are of a size, quality, nutrition, description, manufacture, and material suitable to the Customer;
    2. the Customer is fully satisfied that the Goods are suitable for all the Customer's purposes;
    3. the Customer in ordering the Goods has relied entirely on its own judgment and not on any statements, written or oral, made by Blue Dinosaur, its employees or agents;
    4. all promises, warranties, and conditions express or implied by law or otherwise with respect to the Goods are hereby expressly negated and extinguished to the extent permitted by law; and
    5. Blue Dinosaur will not be liable to the Customer for any liability, claim, loss, damage or expense of any kind (direct or indirect) suffered by the Customer or any third party in connection with the Goods or any inadequacy or deficiency in the Goods.

9.2 Where the Customer on-sells the Goods the Customer must not:

    1. misrepresent to anyone the specifications, performance or purpose of the Goods; or
    2. make or give any warranties, guarantees or representations in relation to the Goods whatsoever without Blue Dinosaur's prior written consent.

10) Limitation of Liability

10.1 The liability of Blue Dinosaur is limited, to the extent permissible by law and at the sole option of Blue Dinosaur:

    1. in relation to Goods, to;
      1. replacing 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; and
    2. in relation to services, to:
    3. the supply of the services again; and
    4. the payment of the cost of having the services supplied again.

10.2 To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these Terms or in specific warranties accompanying the Goods, are excluded and Blue Dinosaur is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate the Customer for:

    1. any increased costs or expenses;
    2. any loss of profit, revenue, business, contracts or anticipated savings;
    3. any loss or expense resulting from a claim by a third party;
    4. any loss or damage whatsoever in connection with any information, written or oral, or assistance given to the Customer, whether by way of advice, instruction, technical information, demonstration or otherwise; or
    5. any special, indirect or consequential loss or damage of any nature whatsoever in connection with the Customer's purchase, on-sale or use of the Goods in any way.

11) Indemity

11.1 To the full extent permitted by law, Customer will indemnify Blue Dinosaur and keep Blue Dinosaur indemnified from and against any liability and any loss or damage Blue Dinosaur may sustain, as a result of any breach, act or omission, arising directly or indirectly from or in connection with any breach of any of these Terms by the Customer or its representatives.

12) Entire Agreement

12.1 These Terms apply (unless otherwise previously agreed in writing) to the supply of Goods by Blue Dinosaur to a Customer from time to time. Any supply of Goods by Blue Dinosaur to the Customer made after the date of acceptance of these Terms is a supply pursuant to the supply agreement constituted by these Terms and the relevant order accepted by Blue Dinosaur and any such supply does not give rise to a new or separate agreement.

12.2 The Customer and Blue Dinosaur acknowledge and agree that these Terms supersede any prior agreement, arrangement or understanding between the Customer and Blue Dinosaur. No local, general or trade custom will affect in any way the Terms.

12.3 No waiver or variation of these Terms will be binding on the Customer or Blue Dinosaur unless signed by both the Customer and Blue Dinosaur.

13) General

13.1 In respect of any matter or thing which must be done by the Customer within a stipulated time frame, time shall be of the essence, consequently, the Customers failure to comply with such time frame shall constitute a breach by the Customer of an essential term of these Terms.

13.2 If any provision of these Terms is held to be illegal, unenforceable or void then to the extent of such illegality, unenforceability or invalidity that provision will be considered independently of and severable from the other provisions.

13.3 A certificate by an employee of Blue Dinosaur as to any act or omission of the Customer shall be accepted by the Customer in all courts and at all times to be prima facie evidence of the matters stated therein.

13.4 These Terms shall be construed and interpreted in accordance with the laws of New South Wales and the Customer irrevocably agrees to submit to the non-exclusive jurisdiction of the courts of that state.

13.5 All notices given under these Terms must be in writing. A notice given by Blue Dinosaur to the last known place of business of the Customer will be deemed received on delivery or the business day in New South Wales following posting, whichever is the earlier.

13.6 Blue Dinosaur shall not be liable for any failure of or delay in the performance of these Terms for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or industrial disputes, embargoes, government orders or any other force majeure event.