Conditions of Sale

THESE CONDITIONS OF SALE CONTAIN VERY IMPORTANT INFORMATION REGARDING CUSTOMER’S RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO CUSTOMER.  PLEASE READ THE CONDITIONS OF SALE CAREFULLY.

  THESE CONDITIONS OF SALE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.  BY PLACING AN ORDER FOR PRODUCTS AND/OR SERVICES FROM THIS WEBSITE, CUSTOMER ACCEPTS AND IS BOUND BY THESE TERMS OF SALE.  CUSTOMER MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF CUSTOMER (A) DOES NOT AGREE TO THESE CONDITIONS OF SALE, (B) IS NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH SELLER, OR (C) IS PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These conditions of sale shall apply to and form an integral part of any Application for Credit Account submitted by Customer and/or any purchase order contract (a “contract”) for the supply of goods and/or services by the Seller to the Customer, including without limitation any contract arising from oral acceptance of repeat or additional orders from the Customer for goods and/or services that are the same or similar to those to which an existing contract applies and the purchase and sale of goods and services on or through the Website. These conditions of sale shall terminate, cancel and supersede any previous written or oral agreements and understandings (if any) entered into between the Seller and the Customer with respect to the specific goods and/or services purchased hereunder.

If Customer accepts any performance by Seller, Customer will be deemed to have accepted the terms and conditions set forth herein. These conditions of sale are subject to change by Seller without prior written notice at any time, in Seller’s sole discretion. The latest version of these conditions of sale will be posted on this Website, and Customer should review these conditions of sale before purchasing any goods or services that are available through this Website. Customer’s continued use of this Website after a posted change in these conditions of sale will constitute Customer’s acceptance of and agreement to such changes.  Customer should also carefully review our Privacy Policy before placing an order for goods or services through this Website.

1. DEFINITIONS

“Seller” means BlastOne International (Aust) Pty Ltd as the trustee for Uniblast Global Trust and shall include its subsidiaries, successors, and permitted assigns.

“Customer” means: (1) in the event of a purchase made other than on or through the Website, the party set out in the Application for Credit Account provided, or (2) in the event of a purchase made on or through the Website, the individual, or, if an individual is purchasing on behalf of an entity, the entity, purchasing goods and/or services and shall include its successors, personal representatives, and permitted assigns.

“Website” means www.blastone.com.au.

2. OFFER AND ACCEPTANCE

No quotation given by the Seller shall constitute an offer. A contract shall only be deemed to have been entered into between the Seller and the Customer when an order placed with the Seller has been accepted by Seller. Any confirmation order provided offline (not on or through this Website) must be marked as such by the Customer, failing which the Seller is entitled to consider the Customer’s order as original.

For purchases on or through the Website, Customer agrees that Customer’s order is an offer to buy, under these conditions of sale, all goods and services listed in Customer’s order. All orders must be accepted by Seller or Seller will not be obligated to sell the goods or services to Customer. Seller may choose not to accept any orders in Seller’s sole discretion. After having received Customer’s order, Seller will use reasonable efforts to send Customer a confirmation email with Customer’s order number and details of the items Customer has ordered. Acceptance of Customer’s order and the formation of the contract of sale between Seller and Customer will not take place unless and until Customer has received an order confirmation email. Customer has the option to cancel Customer’s order at any time before Seller has sent the applicable order confirmation email by calling Seller at 1800-190-190 .

To the extent permitted by law, goods may not be returned by the Customer to the Seller unless agreed to by the Seller in writing, prior to the goods return, unless otherwise determined by the Arbitrator (as defined in Section 17). Any return of such goods is at the discretion of the Seller and is subject to any conditions that the Seller may determine in its sole discretion, unless otherwise set forth in these conditions of sale. The return of such goods is entirely at the Customer’s expense and risk. Unless otherwise determined by the Arbitrator, upon return of the goods with the Seller’s permission, the Customer must pay to the Seller a 15% re-stocking fee based on a percentage of the price of the goods returned.

6. DELIVERY, RETURNS AND REFUNDS

1. Unless otherwise agreed, goods will be delivered to Customer F.O.B. point of shipment. Title to goods and risk of loss or damage will pass to Customer upon Seller’s tender of delivery of the goods. For shipments outside of the United States, freight shall be Ex Works INCOTERMS 2020 (“EXW”) Seller’s designated facility. Delivery shall occur and risk of loss or damage shall transfer, when goods are made available at Seller’s designated facility.
2. The Seller shall not be liable for any loss or damage (including consequential loss or damage) arising from delay in delivery or supply or failure to deliver or supply goods or services to the Customer. Shipping and delivery dates are estimates only and cannot be guaranteed. If the goods or services are delivered or supplied, the Customer must accept and pay for the goods or services notwithstanding late delivery.
3. Where goods are not delivered to the Customer due to Customer’s request or Customer’s declaration of intent not to accept delivery in accordance with these conditions of sale, delivery shall be deemed to be tendered upon Seller providing Customer with notice that the goods are ready for delivery. The Seller may deliver goods by installments or partial deliveries, the timing of such deliveries being entirely at the Seller’s discretion and the Customer shall accept each delivery.
4. Deliveries to third parties may be arranged at the request of the Customer, subject to prior agreement by the Seller. Deliveries to third parties pursuant to this sub-clause shall be deemed to be delivery to the Customer.
5. The Seller will make all reasonable efforts to have the goods delivered or services supplied to the Customer on the date agreed between the parties as the delivery or supply date, but the Seller shall be under no liability whatsoever should delivery not be made or service not supplied on this date.
6. Each delivery of goods will be inspected promptly by Customer for damage or defect. All damaged goods or shortages must be clearly noted on the bill of lading and witnessed by the delivering truck driver at the time of delivery. Customer will notify Seller of all claimed damage or defects within seven (7) days of Customer’s receipt of goods and prior to use of the goods by Customer. If Customer fails to so inspect or notify Seller, Customer will be deemed to have accepted the goods and to have waived any damage or defect. If Customer inspects the goods and promptly notifies Seller of its claim that the goods are damaged or defective, Seller will review Customer’s claim, and, if valid as determined in Seller’s sole discretion, Customer and Seller will mutually agree on the method and timing of curing such damage or defect.
7. In the event of a permitted return, Customer is responsible for all shipping and handling charges on such returned items. Customer also bears the risk of loss or damage during shipment. Seller therefore strongly recommends that Customer fully insure any return shipment against loss or damage and that Customer use a carrier that can provide Customer with proof of delivery for Customer’s protection. All returns are subject to a 15% restocking fee.
8. Return policy is 30 day money back guarantee. This assumes that the article is resaleable. Abrasive that is unused can be returned, but the customer will pay freight, and abrasive must be unused.
9. Seller will use reasonable efforts to process refunds within approximately 30 business days of our receipt of the returned goods, in new unused condition. Any refund will be credited back to the same payment method used to make the original purchase. SELLER OFFERS NO REFUNDS ON ANY PRODUCTS DESIGNATED AS NON-RETURNABLE.

20. SALES TAX

• The customer is responsible for paying sales tax or GST on the goods or services they purchase from the seller.
• The sales tax or GST rate will vary depending on the location of the customer and the type of goods or services they are purchasing.
• The customer can provide proof of sales tax exemption if they are exempt from paying sales tax.

21. GOODS NOT FOR RESALE OR EXPORT

• The customer agrees to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. The customer represents and warrants that the customer is buying goods and/or services from the seller for the customer’s own use only and not for resale or export, unless otherwise indicated and agreed to by the seller (or otherwise permitted herein).
• Goods and services purchased from the seller may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, “Export Regulations”).
• The customer acknowledges that goods purchased from the seller may also be subject to the export regulations of other countries. The customer agrees not to export or re-export goods in violation of these regulations or any other applicable law, and will obtain any required export licenses if necessary.

22. ENTIRE CONTRACT; MISCELLANEOUS; NATURE OF RELATIONSHIP

• These conditions of sale, together with any application for credit and/or any applicable purchase order contract(s), contain the complete and final agreement between the customer and the seller on the matters contained in these conditions of sale relating to the specific goods and/or services purchased hereunder. No other agreement in any way modifying the conditions of sale will be binding on the seller unless made in writing and signed by the seller’s authorized representative.
• In the event of a conflict between the terms and conditions of this agreement and any purchase order contract, the terms and conditions of this agreement shall control. Notwithstanding anything to the contrary contained herein, the parties expressly agree that no browse-wrap, shrink-wrap, click-wrap, or other terms and conditions provided with any purchase order or other documents or materials of the customer will constitute a part or amendment of this agreement or will be binding on the seller for any purpose.
• If any provision of this agreement is deemed invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will in no way be affected or impaired thereby.
• No right or interest of the customer hereunder may be assigned without the prior written consent of the seller. The rights and remedies of the seller herein will be cumulative and additional to any other or further rights and remedies provided in law or equity.
• Upon the occurrence of any default of the customer hereunder, the customer will pay to the seller all attorneys’ fees, court costs, and expenses incurred by the seller in connection with the seller’s efforts to collect amounts due to the seller hereunder.
• This agreement imposes no obligation on the customer to buy goods or services and no obligation on the seller to sell goods or services. If the customer submits an order to the seller, the seller may elect to accept or reject such an order. If the seller accepts an order, the terms and conditions set forth herein shall apply to the purchase and sale of such goods and services.
• The customer understands that its relationship with the seller is only that of a buyer of goods. Under no circumstances whatsoever shall any type of franchise, dealership, or distributorship arrangement or obligation be created in connection herewith, unless established in a formal written agreement signed by both parties.