Last Updated 12th October 2023
1. Seller Details
Kavanagh Balloons Australia Pty Limited here after referred to as Kavanagh Balloons
An order is only accepted for production once the applicable documents have been signed and returned and the required deposit or payment has been made. Documents may include but are not limited to;
Previous quotations and correspondence whether written or verbal are not part of this agreement unless noted on the quotation or other documents or communicated in a reasonable manner and accepted by the seller.
Unless specified the prices quoted are ex-works, are in Australian Dollars, export sales are delivered duty unpaid (DDU), and are valid when the quotation is signed and delivered to Kavanagh Balloons within 30 days of its issue date. Acceptance of a quote outside 30 days is by prior arrangement only.
After signing, prices are fixed except as detailed in condition 7 below or subject to changes noted and accepted in design visuals or order sheets.
Kavanagh Balloons reserves the right to correct errors in quotations in a reasonable timeframe before production commences.
A separate invoice will be provided and includes our banking details. Please communicate any relevant customer / accounting details to firstname.lastname@example.org so our accounts department to generate your invoice.
Unless specified, the quotation and this sales agreement does not include freight insurance. Kavanagh Balloons recommend securing insurance against damage or loss in transit.
6. PAYMENT TERMS
Payment may be made :-
a) By Bank Transfer to
Kavanagh Balloons Australia Pty. Limited
SWIFT: CTBAAU2S BSB: 062181 Account Number: 10146512
b) Payment by other methods by prior arrangement only
7. RETENTION OF TITLE
Title to ownership of goods passes only when payment has been made in full. Payment is required on collection or prior to dispatch. A bill of sale can only be issued after full payment has been received. The identifying data plates remain the property of Kavanagh Balloons in perpetuity. Kavanagh Balloons has the right to recover these data plates without notification should they be used on products not manufactured by Kavanagh Balloons.
8. LATE PAYMENT
If payment is not received within two weeks of notification of completion any discount or commission may be forfeit in whole or part. If payment is not received within eight weeks of notification of completion the applicable price will be that at the time of payment instead of the price appearing on the quotation if these differ.
If payment is not received within twelve weeks of notification of completion any deposit shall be considered forfeit and Kavanagh Balloons reserve the right to take other cost recovery actions as required.
9. DELIVERY TIME
Any quoted production time begins when the deposit and all information for definition of the order including colour scheme and artwork have been received by Kavanagh Balloons in Sydney. The indicated production time is the most accurate forecast available at the time of ordering but is an approximate guide only.
Kavanagh Balloons will make every effort to maintain indicated production times. Additional time may be required to obtain suitable weather for testing and Kavanagh Balloons is not responsible for delays caused by third parties such as certifying authorities, shippers or customs.
Verbal representations as to delivery dates whether given by Kavanagh Balloons’ staff, representatives, or third parties, cannot be relied upon. Achievement of the estimated production time to completion is not a condition of this contract.
10. CONSEQUENTIAL LOSS
Kavanagh Balloons will make good any deficiencies in its performance of this agreement but will not accept responsibility for consequential loss. In particular this agreement excludes liability for loss of earnings for any reason.
11. APPLICABLE LAW
The parties to this agreement accept the exclusive jurisdiction of the laws and courts of NSW, Australia.