Terms and Conditions
Terms of Sale
1. In these Terms of Sale, the following terms have the following meaning:
(a) “Additional Charges” includes all delivery, handling and storage charges, goods and services tax, stamp duty, interest, legal and other costs of recovery of unpaid money and all other government imposts and all money, other than the Purchase Price, payable by the Customer to Ricky Nowak arising out of the sale of the Goods or the provision of the Services.
(b) “Ricky Nowak” means Ricky Nowak & Associates Pty Ltd ABN 32 604 540 088.
(c) “Customer” means the customer who purchases tickets for an event from Ricky Nowak or who purchases Goods or Services.
(d) “Registration” means the price of tickets for an event run by Ricky Nowak.
(e) “Goods” means those goods sold by Ricky Nowak to the Customer.
(f) “Purchase Price” means the list price for the goods as charged by Ricky Nowak at the date of delivery or such other price as may be agreed by Ricky Nowak and the Customer prior to delivery of the Goods.
(g) “Services” means those services sold by Ricky Nowak to the Customer, including tickets to events.
2. As a part of our quality procedures, it is important that Ricky Nowak and the Customer agree on the terms on which business is to be transacted. These Terms of Sale are current for trading with Ricky Nowak at the time of issue, however the Terms of Sale may vary from time to time
3. All bookings for an event run by Ricky Nowak must be in writing. A booking is accepted by Ricky Nowak once written notification is provided to you.
4. An acceptance of a booking by Ricky Nowak is then to be an acceptance by Ricky Nowak and the Customer of these Terms of Sale to the exclusion of any terms and conditions imposed by the Customer. No booking is binding on Ricky Nowak until accepted by it.
5. Entry to any event may be refused if the Customer has not paid for the event in advance or at the time of the event.
6. Any booking cancellation must be in writing (email or fax) and will only be accepted if received 7 days prior to the event date (“Cancellation Date”). If the cancellation is received on or before the Cancellation Date, a transfer will be allowed. If a cancellation is received after the Cancellation Date, NO REFUND will be issued and you will be invoiced upon receipt of registration.
7. The Customer acknowledges that cameras, audio and video recorders may not be permitted in certain events.
8. Ticket Prices are subject to change and Ricky Nowak will inform you accordingly if there is a change in Ticket Price. The Customer must pay the Ticket Price for an event and any applicable goods and services tax.
9. If an event is cancelled or postponed, the Customer may, at its option, credit the Ticket Price towards another event, or obtain a full refund of the Ticket Price. No Administration fee will be charged.
10. An order given to Ricky Nowak is binding on Ricky Nowak and the Customer, if a written acceptance is signed for or on behalf of Ricky Nowak; or the Goods or Services are supplied by Ricky Nowak in accordance with the order.
11. An acceptance of the order by Ricky Nowak is then to be an acceptance of these conditions of sale by Ricky Nowak and the Customer and these conditions of sale will override any conditions contained in the Customer’s order. No order is binding on Ricky Nowak until accepted by it.
12. An order which has been accepted in whole or in part by Ricky Nowak cannot be cancelled by the Customer without obtaining the prior written approval of Ricky Nowak, which it may refuse in its absolute discretion.
13. The times quoted for delivery are estimates only and Ricky Nowak accepts no liability for failure or delay in delivery of Goods or Services. The Customer is not relieved of any obligation to accept or pay for Goods or Services by reason of any delay in delivery. Goods may be delivered by installments at the discretion of Ricky Nowak.
14. Risk in accepting the Goods passes on delivery to the Customer.
15. All Additional Charges are payable by the Customer in addition to the Purchase Price of the Goods or Services.
16. Return of Goods will not be accepted by Ricky Nowak except by prior agreement in writing with Ricky Nowak.
17. The Customer must pay the Purchase Price and the Additional Charges to Ricky Nowak. If the Customer is in default, Ricky Nowak may at its option withhold further deliveries or cancel a contract without prejudice to any of its existing rights.
18. Goods and Services Tax (GST) will be shown separately in the tax invoice for the sale of the Goods. The amount of GST payable in respect of the supply of the Goods is payable by the Customer. The Customer must indemnify Ricky Nowak in respect of GST paid and payable by Ricky Nowak for the supply of the Goods.
Limitation of Liability
19. Certain laws imply terms, conditions and warranties (“Prescribed Terms”) into contracts for the supply of Goods and Services and prohibit the exclusion, restriction or modification of such term, conditions and warranties. The liability of Ricky Nowak in respect of a breach of a Prescribed Term or any warranty made under these terms of sale is limited, to the extent permissible by law and at the option of Ricky Nowak to:
(a) In the case of Services, the supply of the Services again; or the payment of the cost of having the Services supplied again; and
(b) In the case of Goods, the replacement of Goods or the supply of equivalent Goods; the repair of Goods; the payment of the cost of replacing the Goods or acquiring equivalent Goods; or the payment of the cost of having the Goods repaired.
Unless the terms and warranties are included in these terms of sale, all prior discussions, quotations, warranties and Prescribed Terms, to the extent permitted by law, are excluded and Ricky Nowak will not be liable for any loss or damage or for consequential loss or damage of any kind arising out of the supply or failure to supply of Goods or Services or arising out of Ricky Nowak’s negligence or in any way whatsoever.
20. These terms of Sale are to be construed in accordance with the laws from time to time in the State of Victoria and the parties submit to the non-exclusive jurisdiction of the courts of Victoria.
21. These standard Terms of Sale contain all of the terms and conditions of the contract between the parties and may only be varied by agreement in writing between the parties.
22. Any conditions found to be void, unenforceable or illegal may, to that extent be severed from the Agreement.
23. No waiver of any of these terms and conditions or failure to exercise a right or remedy by Ricky Nowak will be considered to imply or constitute a further waiver by Ricky Nowak of the same or any other term, condition, right or remedy.