By purchasing products from Canoesonline or using this website the purchaser agrees to the following terms and conditions of sale:

1. Acceptance of Conditions
   
   
   1. These Conditions apply to each order that Canoesonline (we)  accept from a customer (you) for the supply of products or services.
   2. No variation by you of these Conditions will be valid unless we give you written confirmation that that variation is accepted.
   3. We may make changes to these Conditions from time to time.
      
      
2. Prices, Charges and Payment
   
   
   1. All orders shall be prepaid by you unless we agree otherwise.
   2. You agree to pay in full the amount specified on any invoice rendered by us for products and services supplied to you the earlier of delivery of product or within [7] days of being notified by telephone or email that the product is available for collection.
   3. If you fail to pay for the products by the due date for payment, we will be entitled to retake possession of the products, resell them and keep the proceeds of the sale. Any shortfall remaining in the amount owing after resale will remain a debt owed by you.
   4. Any delivery charges will be agreed with the customer prior to delivery.
      
      
3. Delivery
   
   
   1. You accept that dates we give you for delivery are our best estimate, are given in good faith and may be subject to change without notice. By placing an order, you agree not to hold us liable for any loss or damage directly or indirectly arising out of or in connection with any delay or failure to deliver within any estimated timeframe.
   2. We will deliver products ordered to the address supplied on your order form or to an alternate address that we agree in writing.
   3. You agree that delivery will be complete when the goods are dispatched to your nominated address.
   4. Delivery by us to a carrier will be deemed to be delivery to you.
      
      
4. Risk and Title
   
   
   1. The risk in any products that you order from us will pass to you on delivery irrespective of when payment is completed.
   2. You agree that all products remain our property until you have paid for them in full. Until then, you acknowledge and agree that we remain the equitable and legal owner and that you are in possession of those products only as bailee until you have completed payment in full.
      
      
5. Stock Availability
   
   
   1. Should orders for products exceed our available inventory, we will allocate our available inventory and make deliveries in our sole discretion and without liability.
   2. Any claims by you for shortages or incorrectly supplied products must be filed by you with us within 3 days of receipt of the products.
      
      
6. Unanticipated Events
   

We may cancel or suspend delivery of any ordered product in the event of any delay or non-performance due directly or indirectly to wars, terrorism, strikes, lockouts, delays or defaults of manufacturers or suppliers, act of God, or any other cause beyond our reasonable control.


7. Costs
   

If you default in performing your obligations under these Conditions and we incur expenses in enforcing our rights under these Conditions (for example and without limitation, expenses incurred by us in recovering any moneys owed by you to us), you must pay those expenses to us on demand (including all legal costs on a full indemnity basis).


8. GST
   
   
   1. In these Conditions the terms “GST”, “supply” and “tax invoice” have the meaning given to those terms in the A New Tax System (Goods and Services) Tax 1999 (Cth) and the term “GST” also includes any penalties or additional tax imposed in relation to the GST payable in relation to the supply of services under these Conditions.
   2. Any amount payable by you under clause 2 is inclusive of GST.
      
      
9. Termination for Breach

Without prejudice to our other rights at law, we may cease supply of products or services to you immediately by giving notice in writing if you breach any material term of these Conditions.

10. Limitation of Liability and disclaimer of warranties
    
    
    1. We shall not be liable to you or any other party for any incidental, indirect, special or consequential damages arising out of or in connection with any purchase, use or performance of products or services even if we have been advised of their possibility. In no case shall the maximum liability exceed the cost of the original order.
    2. The Trade Practices Act 1974 (Cth) and similar laws may confer rights and remedies on you in relation to the provision by us of products and services ordered by you which cannot be excluded, restricted or modified (Non-excludable Rights). We do not exclude any Non-excludable Rights but we do exclude all other conditions and warranties implied by custom, law or statute.
    3. Except as provided for by the Non-excludable Rights:
       1. all products and services ordered by you are provided without warranties of any kind by us, either express or implied;
       2. products may be accompanied by a manufacturers warranty as more particularly provided in warranty documentation that accompanies such products;
       3. we do not warrant that those products and services will be complete or free from all errors; and
       4. all representations are expressly excluded and you have not relied on any representations in ordering products and services from us.
    4. To the fullest extent permitted by law, our liability for breach of any   implied warranty or condition which cannot be excluded is limited at our option to supply of the product or service ordered by you again or paying for their resupply.
       
       
11. Governing Law
    
    These Conditions will be governed by and construed according to the law of Western Australia and the parties agree to submit to the jurisdiction of the courts and tribunals of or exercising in that State.