Unless otherwise agreed by TBST in writing, these Conditions are deemed incorporated in and are applicable to (and to the extent of any inconsistency will prevail over) the terms of every Quote, Order, Plan, contract, or other arrangement in connection with the supply of Goods and/or Services by TBST to the Customer.
Force Majeure: If TBST is unable to supply any Goods or Services due to circumstances beyond its reasonable control, TBST may cancel the Order (even if the Order has already been accepted) or cease to provide the Services by written notice to the Customer, in which case the Customer will hold TBST harmless.
TBST will not be liable for any breach of contract due to any matter or thing beyond TBST’ control, including failures by third parties to supply goods, services or transport, stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention or public authority, explosion or accident.
TBST makes every effort to ensure that all prices and descriptions quoted are correct and accurate. In the case of an error or omission, TBST may rescind the affected contract by written notice to the Customer, notwithstanding that it has already accepted the Customer’s Order and/or received payment from the Customer. TBST’ liability in that event will be limited to the return of any money the Customer has paid in respect of the Order.
TBST makes no representations or warranties in relation to information available on TBST website, including without limitation:
The Customer acknowledges that no employee or agent of TBST has any right to make any representation, warranty or promise in relation to the supply of Goods or Services other than subject to and as may be contained in the Conditions.
Any notices given under the Conditions shall be in writing and sent:
The Conditions shall be governed by and construed in accordance with the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the Courts of New South Wales.
TBST may at any time vary these terms and conditions by publishing the varied terms and conditions on TBST website. You accept that by doing this, TBST has provided you with sufficient notice of the variation. TBST is under no other obligation to notify you of any variation to these terms and conditions.