ABN: 54 612 920 398
Terms & Conditions
1. The use of Gerrard Records Pty Ltd ('Gerrard Records') is subject to the following conditions. Please read these conditions carefully. By registering for, using or otherwise accessing Gerrard Records website in any manner whatsoever, you are consenting to the terms and conditions herein.
The Goods for sale on Gerrard Records website are only offered to you on the condition that:
(a) you read and accept all the Terms and Conditions; and
(b) you wish to become a User of the Service.
Your use of the Gerrard Record website constitutes acceptance and shall bind you to the terms and condition set out below. If you do not wish to accept these
Terms and Conditions:
(a) you may not access the Gerrard Record website; and
(b) you may not use any part of the website.
4. These Terms supersede all prior understandings, arrangements and agreements relating to use of Gerrard Records website. In the event that there is any inconsistency between these Terms and any other communication from Gerrard Records, these Terms shall prevail unless specified otherwise in writing by Gerrard Records.
5. These Terms shall not be varied without the express written consent of Gerrard Records.
A reference in these Terms to:
(a) the singular includes the plural and vice versa; and
(b) words importing gender shall include the other gender.
In these Terms and Conditions:
(a) "Customer" means the person, business or company that is the purchaser of the Goods as named in Gerrard Record's invoice and includes such
party's successors, transferees and assigns;
(b) "Goods" means the goods and/or materials supplied to the Customer by Gerrard Record and described in Gerrard Record's invoice to the Customer;
(c) "Person" shall include a corporation, company, society, partnership and firm.
(d) "Terms" means these Terms and Conditions of use.
(e) "Website" means
8. Please review our Privacy Policy which also governs your use and access to Gerrard Records.
9. These terms and conditions may be modified, deleted or added to at any time in the sole discretion of Gerrard Records. If any modification is unacceptable to a
Customer, they must stop using and accessing the Gerrard Records website. By continuing to place orders for Goods, the Customer will be deemed to have accepted
the revised Terms.
10. The Customer agrees to provide true, accurate, current and complete information about themselves in completion of the Gerrard Records website
Registration Process. The Customer agrees they will not knowingly omit or misrepresent any information.
11. The Customer is responsible for maintaining confidentiality of their Gerrard Records account, password and restricting access to their account.
12. Gerrard Records will make reasonable efforts to ensure the Gerrard Records website is operational. However, certain technical difficulties, maintenances and events outside the control of Gerrard Records may, from time to time, result in temporary service interruptions. The Customer aggress that Gerrard Records shall not be liable to any Customer or third party for any direct or indirect loss of such service interruptions.
13. All prices for Goods are subject to change and market fluctuation without notice by Gerrard Records and the Customer shall pay the price as at the date of purchase.
14. Payment for goods shall be made by credit card to Gerrard Records.
15. Unless otherwise stated in writing by Gerrard Records the Customer will be charged for cartage on all deliveries of Goods.
16. If Goods are to be delivered to a Customer, any period or date for delivery stated by Gerrard Records is intended as an estimate only and is not a contractual commitment. Gerrard Records will use its best endeavours to meet any estimated delivery dates but Gerrard Records will not be liable for any loss or damage suffered by the Customer or any other person for failure to meet an estimated delivery date.
17. The Customer will accept delivery of the Goods promptly and will be responsible for any demurrage and storage costs incurred as a result of failure to do so. The Customer acknowledges that it will also be responsible for all attempted delivery charges incurred by Gerrard Records as a result of the Customer's failure to accept prompt delivery of the Goods.
18. The contents of the services provided on the Gerrard Records website is the property of Gerrard Records and its licensors and is protected by copyright and other intellectual property laws. Content received through the service may be viewed, used and played for personal, non-commercial use only. The Customer agrees not to reproduce, retransmit, distribute, disseminate, sell, broadcast, perform, make available to third parties received from the services provided on the Gerrard Records website without the express prior written consent of Gerrard Records.
19. Gerrard Records retains the exclusive ownership of the services provided on its website and all intellectual property associated therewith.
20. By posting messages, review and/or uploading any other types of communication onto the website, the customer agrees that any such content becomes the sole property of Gerrard Records. Gerrard Records may copy, sublicence, adapt, publicly display or otherwise exploit such content throughout the world, in perpetuity, without any obligation to make any payment to the customer or others or to give them credit.
21. Customers may post reviews, comments or other content on the website provided the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass emailing, or any form of 'spam'. Gerrard Records reserves the right to remove or edit such content.
22. Gerrard Records disclaims and makes no representations or warranties of any kind, express or implied, as to the operation of the website or the information, content, materials, products or services included on or otherwise made available to the customer through the website unless otherwise specified in writing.
23. If any GST (within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 as amended from time to time, 'GST') is payable by the Gerrard Records in respect of the supply of services to the Client, then the Costs ('Original Cost') is to be increased so that Gerrard Records receives an amount ('Increased Cost') which, after subtracting the GST liability of Gerrard Records in that Increased Cost, results in Gerrard Records retaining the Original Cost after payment of that GST liability.
24. Conditions, warranties and other provisions which apply to or in respect of the Goods under or by virtue of the Trade Practices Act 1974 (Cth) as amended from time to time or any other enactment of the Commonwealth of Australia or of any State or Territory thereof and which, by or under that enactment, cannot be excluded from the contract for the supply of goods by Gerrard Records are declared to apply to the contract without restriction, limit or modification.
25. Gerrard Records shall be under no liability to you in respect of any loss or damage (including consequential loss or damage) which may be suffered or
incurred or which may arise directly or indirectly by you or any third party and which may arise directly or indirectly in relation to the services and Goods supplied pursuant to this Agreement, nor shall Gerrard Records be liable to indemnify the Client against any loss, claims or damage suffered due to performance of services.
26. Where the payment of any invoice or any part thereof is not made on the due date, Gerrard Records, without prejudice to its other rights hereunder or in law, shall be entitled to charge interest (before as well as after judgment) on the outstanding amount at the rate of fifteen percent (15%) per annum from the date of invoice until the outstanding sum is paid.
27. In addition to the above, should you fail to make any payment when due under this Agreement Gerrard Record shall have the right by notice in writing
forthwith to suspend all further services and supply of the Goods until the default be made good.
28. Gerrard Records, its licensors, suppliers, partners, affiliates and third parties service providers shall be liable to the customer or any third party for any direct or indirect damages arising out of access and use of the website.
29. The Website may include links to other site on the internet that are owned and operated by third parties. The customer acknowledges that these sites are beyond the control of Gerrard Records and Gerrard Records is not responsible for the content contained therein and is not liable for the actions, products and content of third parties. The customer should carefully read the terms and conditions and privacy policies of these third parties.
30. If the performance of Gerrard Records obligations under these Terms is prevented, restricted or affected by force majeure including strike, lock out, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond the reasonable control of Gerrard Records, Gerrard Records will not be liable for any loss or damage suffered by the Customer or any other person and Gerrard Records will give the Customer written notice if the force majeure event has continued unabated for 30 days.
31. Any provision of these Terms which is invalid or unenforceable will be read down to the extent necessary, and the remaining provisions will continue
32. The Customer may not assign or attempt to assign any of its rights and obligations under these Terms without the written consent of Gerrard Records.
33. These Terms are governed by the laws of the State of Victoria and the parties unconditionally submit to the jurisdiction of the courts of Victoria and courts entitled to hear appeals from these courts.