('Terms and Conditions')

Issued and updated as at 1 August 2013

In using this website you are deemed to have read and agreed to the following terms and conditions.

Please note: Whilst every attempt is made to show the latest prices for all publications offered, due to ongoing significant movements in overseas currencies, notably the British Pound and the Australian dollar, the price of books not held in stock by IMB may fluctuate from the prices shown.  If in any doubt then it is suggested that customers email IMB seeking a quote for the books they are wishing to purchase in the first instance.

 

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1. Interpretation

 1.1.   In these Terms and Conditions and in any Contract to which these Terms and Conditions apply, unless inconsistent with the context:

1.1.1.      the Act means the Competition & Consumer Act 2010.

1.1.2.      Austral meansAustral Marine Insurance Services Pty Ltd ABN 47696652320;

1.1.3.      Claim means any actual or threatened claim, demand, action or proceeding;

1.1.4.      Contract means the contract between IMB and the Purchaser for or in relation to the sale and purchase of Goods;

1.1.5.      Goods means any item of whatsoever nature which is sold to the Purchaser by IMB, including but not limited to books;

1.1.6.      IMB means 'Insurance and Maritime Books' a registered trading name of Austral;

1.1.7.      Prescribed Terms means any terms, conditions, guarantees and warranties which the Act and any other law expressly provides may not in respect of a Contract be excluded, restricted or modified, or may be excluded, restricted or modified only to a limited extent;

1.1.8.      Quote or Invoice means any document prepared by a duly authorised representative of IMB and so titled

1.1.9.      Purchaser means the person or corporation who buys or has agreed to buy the goods from IMB;

1.2.   The headings in these Terms and Conditions are provided for convenience only and do not effect the interpretation thereof.

1.3.   Any reference to a corporation or business in these Terms and Conditions is also taken to be a reference to its employees, agents, assigns and related bodies corporate.

 2. General Conditions

2.1.   Subject to any Prescribed Terms, this document together with the relevant  Quote or Invoice embodies the sole Terms and Conditions of the Contract between IMB and the Purchaser and supersedes all other conditions and agreements between the parties, unless expressly amended in writing by a duly authorised representative of IMB.

2.2.   These Terms and Conditions shall without further notice apply to all future transactions between IMB and the Purchaser in relation to the sale and purchase of Goods, whether or not this document is delivered or executed in the course of the transaction.

2.3.   For the avoidance of doubt, none of the Terms and Conditions contained in any document or other instrument supplied by or on behalf of the Purchaser (including without limiting the foregoing those included in any purchase order or like document from the Purchaser) shall apply to or form part of the Contract, except and to the extent otherwise agreed in writing by a duly authorised representative of IMB.

2.4.   All purchase orders supplied by the Purchaser are subject to acceptance by IMB and no Contract between IMB and the Purchaser comes into existence until IMB issues a Quote or Invoice in relation to the order.

2.5.   No variation or abrogation of these Terms and Conditions shall be effective unless it is evidenced in writing signed on behalf of IMB.

 3. Shipping of Goods

 3.1.   IMB offers free delivery on all Goods within the Sydney CBD

3.2.   For deliveries of Goods to location outside of the Sydney CBD, the following delivery options apply:-

 3.2.1.Australia Post  (Regular Parcels)

 Delivery in 3 to 7 days *

3.2.2.Australia Post (Express Parcels)

Next day delivery for most major cities  *

* Delivery time is approximate from date of actual shipment

Costs associated with either method of delivery shown above is applied as per current Australia Post charges and dependent on weight of goods shipped and final destination in Australia. An estimate of these costs will be shown in your online 'Shopping Cart' or advised to you at the time of ordering.

3.2.3.International Orders:

 All deliveries of Goods to locations outside of Australia will be despatched by courier. Costs associated with shipping Goods to overseas destinations will be advised in IMB's Quote or Invoice.

Australian Goods and Services Tax (GST) will not apply to orders received and despatched outside of Australia.

Import Taxes and Customs Duties applicable to orders from outside Australia will be the responsibility of the Purchaser. IMB is unable to assess or control these costs which will remain the Purchaser's responsibility to pay.

 4. Shipping Conditions

 4.1.   Any time or date named by IMB for completion, delivery, despatch, shipment or arrival of the Goods is an estimate only and does not constitute a condition of the Contract or part of the description of the Goods and is not of the essence of the Contract.

4.2.   Unless otherwise stated in writing, IMB may make partial deliveries or deliveries by instalments of the Goods in any amount it may determine and each such partial delivery or delivery by instalments shall be deemed to be a separate Contract and these Terms and Conditions shall apply to each partial delivery or delivery by instalments.

4.3.   The Purchaser shall notify IMB within 7 days of delivery of any shortfall in or loss or damage to Goods delivered. Failure to so notify shall, subject to the requirements of any Prescribed Terms, disentitle the Purchaser to any remedy in respect to the shortage, loss or damage.

 5. Risk and Title

5.1.   Except as otherwise provided herein, the Goods supplied by IMB to the Purchaser shall be at the Purchaser's sole risk immediately on their delivery to the Purchaser.

5.2.   Property and title in the Goods supplied by IMB to the Purchaser will not pass to the Purchaser until such time as the goods the subject of the Contract and all other goods supplied by IMB to the Purchaser have been paid for in full.

6. Privacy Statement

6.1.  IMB will not disclose Purchaser's information to third parties except where required by law. Data we may collect is to be used to take and fulfil customer orders.

 7. Disclaimer

 7.1.   IMB does not monitor or review the content of any website(s) linked to, or accessed via, this website. IMB does not make any representation as to the contents of any book (either hardcopy or electronic) purchased through IMB including, but not limited to, the accuracy or currency of the contents of such books.

7.2.   To the fullest extent permitted by law, IMB excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

8. Availability

8.1.  IMB does not warrant that the products from this site will be available, timely or error free, although they are provided to the best of our ability.

9. Termination of Agreements and Refunds Policy

9.1.  IMB reserves the right to terminate any Contract for any reason subject to any Prescribed Terms.

9.2.   Subject to any Prescribed Terms, no refunds shall be offered by IMB where Goods have been delivered to the Purchaser.

10. Changes to Terms and Conditions

10.1.  IMB reserves the right to update or vary these Terms and Conditions from time to time without further notice

 11. Jurisdiction

11.1.   The laws of Australia govern these Terms and Conditions and any Contract entered into by IMB and the Purchaser.

11.2.    By accessing this website and buying Goods you consent to these Terms and Conditions and to the exclusive jurisdiction of the courts of New South Wales, Australia, in all disputes arising out of such access.

11.3.    If any of these Terms and Conditions are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above) then the invalid or unenforceable provision will be severed from these Terms and Conditions and the remaining Terms and Conditions will continue to apply.

11.4.    Failure of IMB to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.

11.5.    These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of IMB.

 12. Contact IMB

12.1.     If you have questions regarding our Terms and Conditions please email us at imb@australmarine.com or alternatively write to us at Insurance and Maritime Books a unit of Austral Marine Insurance Services, PO Box 549, Roseville, NSW, 2069, Australia.