Bunzl Express - Version 202105a

These Terms and Conditions, and any amendments published from time to time on Bunzl Outsourcing Services Limited ABN 99 007 286 133 (Bunzl) website at http://express.bunzl.com.au (Terms) apply to all orders and contracts whenever Bunzl supplies, provides or delivers any products (Goods) to any person or company (the Customer).  By placing an order, the Customer is offering to purchase a product on and subject to the following Terms and is deemed to have accepted these Terms and to have agreed that they apply to the exclusion of all others.

 

  • Orders
  •  

      1. All orders are subject to availability and confirmation of the order price.
      2. When the Customer places an order, the Customer will receive an acknowledgement e-mail confirming receipt of the Customer’s order. This email will only be an acknowledgement and will not constitute acceptance of the Customer’s order. 
      3. Unless otherwise provided for in these Terms, the Customer may not cancel or amend the Customer’s order (including, but not limited to the delivery address or removing items) after the Customer’s order has been placed. Please ensure all details provided are full and correct at the time of order placement. 
      4. A contract between Bunzl and the Customer for the purchase of the Goods will not be formed until your payment has been approved by Bunzl and Bunzl have debited the Customer’s credit card or payment has been received via Paypal.
      5. The site may contain typographical errors or other errors or inaccuracies and may not be complete or current. Bunzl therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Bunzl reserves the right to refuse to fill any orders that the Customer may place based on information on the site that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.


  • Prices 
  •  

      1. Prices for Goods are advertised alongside the Goods and are subject to change from time to time. 
      2. Whilst Bunzl tries to ensure that all details, descriptions and prices which appear on this site are accurate, errors (including processing errors) may occur. If Bunzl discovers an error in the price or payment of any Goods which the Customer has ordered, Bunzl will inform the Customer of this as soon as possible and give the Customer the option of reconfirming the order at the correct price or cancelling it. If Bunzl is unable to contact the Customer, Bunzl will treat the order as cancelled. If the order is cancelled and the Customer has already paid for the Goods, the Customer will receive a full refund for those Goods.
      3. Unless stated otherwise, the prices advertised by Bunzl for the Goods exclude GST. The Customer must pay GST at the same time as paying the price. In the event that Goods are GST Free, it will be labelled as GST Free on the website http://express.bunzl.com.au and any invoice generated shall indicate that no GST is charged for the GST Free Goods.
      4. Delivery costs (metropolitan and regional) will be charged in addition to the price for Goods and GST and will include both the delivery service costs and GST. The delivery fee will be applied to the Customer’s cart when the Customer enters their delivery address and postcode. Any additional charges are clearly displayed where applicable and will be included in the total cost payable.
      5. Bunzl may from time to time offer pricing and/or volume promotions which may apply in respect of any, or certain specified, purchases made through http://express.bunzl.com.au. The conditions of any promotion will be made available to the Customer upon the Customer selecting the specific Promotion Terms and Conditions link.
      6. Unless otherwise stipulated, all references to dollars are references to the currency of Australia.


  • Payment
  •  

      1. Our site accepts payments using credit card and PayPal. Upon placing the order, Bunzl will debit your account immediately for the full order amount. 
      2. The Customer hereby agrees to indemnify and/or reimburse Bunzl in relation to any costs incurred by Bunzl in attempting to recover amounts owed by the Customer to Bunzl pursuant to these Terms.
      3. Further to any other rights or remedies Bunzl may have under these Terms, if the Customer has made payment to Bunzl, and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Bunzl under this clause where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer’s obligations under these Terms.
      4. The name that will appear on the Customer’s credit card statement is Bunzl Express. 


  • Dispatch and Delivery
  •  

      1. If Goods are ordered via Bunzl’s website http://express.bunzl.com.au, Bunzl will arrange for delivery of the Goods as follows:
        1. If the order is made by the Customer between 9am and 5pm, Monday to Friday, then the order shall be dispatched the next business day.
        2. Any order made outside of the hours 9am and 5pm, Monday to Friday shall have the order dispatched within 2 days or on the next business day, as determined solely by Bunzl. Bunzl will not dispatch on weekends.
      2. The Customer will be notified via email once the Customer’s order has been dispatched, and this email will include all tracking details relating to the Customer’s order. 
      3. Changes to the Customer’s order's delivery status will be indicated via your tracking or consignment number on the courier website. 
      4. All orders are delivered via StarTrack Express and may require a signature. 
      5. Bunzl cannot guarantee delivery times and as such will not provide a time frame for delivery. 
      6. Dispatch of orders may be delayed where payment or address information requires verification or correction prior to dispatch.
      7. If there is an issue fulfilling the Customer’s order, the Customer will be contacted via phone and a manual refund will be provided.
      8. If the Customer’s order is lost or damaged in transit, please contact Bunzl to discuss the lost or damaged order. In the event that the lost or damaged order cannot be resolved via a phone conversation, the Customer can send Bunzl’s customer service an email to notify them of the lost or damaged order. 
      9. Delivery is only available within Australia for Bunzl Express customers and guests.


  • Returns
  •  

      1. In the event that Bunzl elects to have the Goods returned, the Goods must be returned to Bunzl in the same condition as when they were first delivered to the Customer. 
      2. Returns will not be accepted by Bunzl due to change of mind.
      3. Returns will only be made in respect of faulty or damaged goods and must be agreed to by Bunzl prior to the return being made. 


  • Warranties
  •  

      1. Bunzl warrants that all Goods supplied by it to the Customer:
        1. are free from any encumbrance, other than any encumbrance created under these Terms; and
        2. are of merchantable quality and are fit for their intended purpose.
      2. If any of the Goods delivered to the Customer do not meet the standards set out in clause 6.1, the Customer must notify Bunzl in writing within 7 days of receipt of delivery and Bunzl’s responsibility for any non-compliant Goods will be determined in accordance with clause 7.1.  Any claims not made within this timeframe will be invalid and Bunzl will have no liability whatsoever in respect of such claims.  The Customer has the opportunity to review this provision prior to ordering any Goods and confirms that it has agreed to this provision.
      3. Except for the warranties provided in clause 6.1 and subject to any warranties which may be provided by the manufacturer of specific Goods, to the extent permitted by law Bunzl excludes all warranties of whatsoever kind or nature, either express or implied in connection with the supply of Goods by Bunzl to the Customer. These Terms shall not exclude or modify the rights, entitlements, remedies and liabilities of either party by any condition or warranty implied by any Commonwealth, State or Territory Act (including but not limited to the Australian Consumer Law set out in schedule 2 of the Competition and Consumer Act 2010 (Cth) (CCA)) or any other law rendering void or prohibiting such exclusion or modification.


  • Limitation of Liability
  •  

      1. In respect of the warranties in clause 6.1 and any non-excludable warranties, Bunzl’s liability for breach of such conditions or warranties and the Customer’s remedy in relation to such breaches shall be either: 
        1. replacing the Goods; 
        2. repairing the Goods; or 
        3. refunding the Price paid for the relevant Goods.
      2. The warranties provided by Bunzl and a manufacturer of Goods are void on all Goods sold where the Goods have been used other than in accordance with the instruction manual for the Goods. 
      3. Notwithstanding the above-mentioned clauses but subject to the Competition and Consumer Act 2010 (CCA), Bunzl shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
        1. the Customer failing to properly maintain or store any Goods; 
        2. the Customer using the Goods for any purpose other than that for which they were designed; 
        3. the Customer continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user; 
        4. the Customer failing to follow any instructions or guidelines provided by Bunzl; or
        5. fair wear and tear, any accident, or act of God.
      4. To the extent permitted under the Australian Consumer Law, the Customer must not make a claim or demand against Bunzl or its agents for consequential, indirect, special, incidental, exemplary or economic damage or loss (including loss of use, loss of revenue, loss of profit, business interruption, costs of procurement or substitution of goods, technology or services or loss of information) arising in connection with the supply of Goods pursuant to these Terms (including any claim in negligence, equity or otherwise).  The Customer agrees that this provision is necessary to protect Bunzl’s business.
      5. Without limiting clause 7.4, Bunzl accepts no responsibility or liability for any loss or damage arising out of or in connection with any personal injury, illness or death to any person or damage to any property or any other loss or damage of any kind whatsoever caused by the supply of Goods.
      6. To the extent permitted under the Australian Consumer Law, the Customer indemnifies Bunzl from and against liability and any loss or damages that it or its related bodies corporate suffer, incur or are liable for as a direct or indirect result of:
        1. any breach of these Terms;
        2. any injury or harm suffered by an employee, agent or contractor of Bunzl on the premises of the Customer or any other premises that employees, agents or contractors of Bunzl are required by the Customer to attend;
        3. any claim by any person in respect of or arising out of or in connection with any of the matters referred to in clause 7.5;
        4. in connection with the use of Bunzl’s website http://express.bunzl.com.au; or
        5. any conduct which may be considered misleading or deceptive, by the Customer or its agents.


  • Risk and Title
  •  

      1. Risk of damage to or loss of Goods passes to the Customer on dispatch of the Goods to a carrier commissioned by Bunzl on behalf of the Customer.
      2. Ownership of and title to the Goods is retained by Bunzl and shall not pass to the Customer until Bunzl receives payment in full for the Goods.

      

  • Intellectual Property
  •  

      1. The sale to and the purchase by the Customer of Goods does not confer on the Customer any licence or right under any copyright, patent, design or trade mark or any other intellectual property right which is the property of Bunzl. Title to all intellectual property rights subsisting in the supply of Goods shall remain the exclusive property of Bunzl or Bunzl’s third-party suppliers or licensors.
      2. The intellectual property rights in the software and content made available to the Customer on or through http://express.bunzl.com.au remains the property of Bunzl and its related bodies corporate or its licensors and are protected by copyright law. The Customer may store, print and display the content supplied solely for your own personal use. The Customer may not publish, manipulate, duplicate, copy, sell, distribute, or otherwise reproduce or exploit, in any format, any of the content or copies of the content supplied to the Customer or which appears on Bunzl’s website http://express.bunzl.com.au nor may the Customer use any such content in connection with any business or commercial enterprise.


  • Dispute Resolution
  •  

        1. If a difference or dispute arises between the parties arising out of or in connection with these Terms (Dispute), the aggrieved party must send a written notice to the other party setting out the nature of the Dispute, what outcome that party wants and what action they think will settle the Dispute. 
        2. The parties must use reasonable endeavours to resolve the Dispute by mutual negotiation. 

     

  • If any Dispute is not resolved within 28 days of the matter arising, either party may require the matter to be referred to mediation by notice to the other party setting out the general nature of the difference.
  •  

        1. If the parties fail to agree on mediation or settle the Dispute by mediation within 28 days of the matter being referred to mediation, then either party may initiate litigation to resolve the Dispute.

     

  •  Either party may take immediate steps at any time to seek urgent injunctive or equitable relief before an appropriate court.


  • Force Majeure
  •  

      1. Bunzl shall not be liable for any delay or failure to perform its obligations pursuant to these Terms if such delay is caused by any event or circumstance beyond Bunzl’s reasonable control, and includes but is not limited to, fire, storm, flood, earthquake, explosion, war, invasion, rebellion, sabotage or epidemic, pandemic, labour dispute, labour shortage, failure or delay in transportation, act or omission (including laws, regulations, disapprovals or failures to approve) of any third person (including, but not limited to, subcontractors, buyers, governments or government agencies) (Force Majeure Event).


  • Competition and Consumer Act 2010 (CCA)
  •  

      1. Where these Terms would otherwise be subject to the CCA, the Customer agrees that the Customer is acquiring the Goods for business purposes and that the CCA does not apply to the supply of the Goods to the Customer.
      2. If the Customer is a consumer as defined in section 4B of the CCA, and the Customer has not contracted out of the CCA under clause 12.1 of these Terms, nothing in these Terms will limit any rights the Customer may have under the CCA.


  • Privacy
  •  

      1. Bunzl will adhere to its Bunzl Express Privacy Policy and the Customer agrees to the collection of personal information by Bunzl for the purposes set out in the Bunzl Express Privacy Policy and in accordance with the Privacy Act 1988 (Cth).


  • Severance
  •  

      1. Should any part of these Terms be held to be void or unlawful, these Terms will be read and enforced as if the void or unlawful provisions have been deleted.


  • Miscellaneous
  •  

      1. Bunzl may transfer any right or liability under these Terms at its absolute discretion. The Customer may not transfer any right or liability under these Terms without the prior written consent of Bunzl which consent will not be unreasonably withheld. 
      2. These Terms are governed by and construed under the law in the State of Victoria. Any legal action in relation to these Terms against any party or its property may be brought in any court of competent jurisdiction in the State of Victoria.
      3. Bunzl may vary these Terms from time to time.  Any such variation will be effective from the date specified by Bunzl in any written notice provided to the Customer or published on Bunzl’s website http://express.bunzl.com.au.  By requesting any Goods after such effective date, the Customer accepts and agrees to be bound by such variation.
      4. To the extent that these Terms are a consumer contract (within the meaning of the Australian Consumer Law) and a standard form contract (within the meaning of the Australian Consumer Law), any term of these Terms which would be void because the term is unfair:
        1. must be read down to the extent necessary to avoid that result; and
        2. if the provision cannot be read down to that extent, it must be severed without altering the validity and enforceability of the remainder of the Terms.
      5. Bunzl’s website http://express.bunzl.com.au may contain links to other websites and materials obtained through third parties.  The Customer should make their own enquiries before relying on the content of any third-party website.  Bunzl will not be liable for any content appearing on the websites that are operated by third parties.  Bunzl’s website http://express.bunzl.com.au may contain product information provided by or obtained directly (or indirectly) through third parties and Bunzl does not verify its accuracy. To the extent that is permissible by law, any material that is provided on Bunzl’s website http://express.bunzl.com.au is provided on an as is and without warranty basis and the Customer acknowledges that it may contain inaccuracies or errors and may be incomplete or out of date.  To the extent permitted by law, the Customer’s access to the use of Bunzl’s website http://express.bunzl.com.au is subject to these Terms and all applicable laws and is conducted at the Customer’s own risk.  Bunzl disclaims all liability for loss or damage (being direct or indirect) that may arise out of the use of Bunzl’s website http://express.bunzl.com.au or reliance on the content therein.    
      6. The Customer must not misuse Bunzl’s website http://express.bunzl.com.au.  The Customer must not commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene. The Customer must not hack into any aspect of the website http://express.bunzl.com.au, corrupt data, cause annoyance to other users, infringe upon the rights of any other person's proprietary rights or send any unsolicited advertising or promotional material, commonly referred to as "spam". The Customer must not attempt to affect the performance or functionality of any computer facilities of or accessed through http://express.bunzl.com.au
      7. Bunzl shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect the Customer’s computer equipment, programs, data or other proprietary material due to the Customer’s use of Bunzl’s website http://express.bunzl.com.au or on any website linked to it.
      8. Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions Act 2000 or any other applicable provisions of that Act or any Regulations referred to in that Act.