Terms & Conditions
Business Name - Acme Firearms
Postal Address - PO Box 7258, Karingal Centre, Victoria, 3199, Australia
Copyright - © 2007-2019 Klaus von zum Hof t/as Acme Firearms. All material on this website is protected by Australian Copyright law. All material appearing on this website is copyright. If you wish to publish, copy or reproduce material from this website, you need written permission by applying to firstname.lastname@example.org
Trade Mark - Words : ACME FIREARMS PRECISION QUALITY ACCURACY. Device : PARALLELOGRAM, DIVIDED. Is a registered trademark.
Firearm Legislation - Acme Firearms conducts firearm and ammunition sales in accordance with the Victorian Firearms Act 1996. Customers should always check with their relevant state law enforcement authority to verify they may legally possess articles offered on this website prior to making a purchase.
Terms and Conditions of Sales - The purchaser acknowledges that until his total debt to Acme Firearms is discharged they hold the goods sold as bailee of Acme Firearms and that a fiduciary relationship exists between Acme Firearms and the purchaser. In the event that the purchaser sells the goods to the purchaser's customers before payment in full for the goods has been made the purchaser in a position fiduciary shall:-
- Assign to Acme Firearms the benefit of any claim against such customers.
- Account fully to Acme Firearms for the proceeds of the sale of the goods sold or any part thereof until the purchaser's total debt to Acme Firearms is discharged.
Purchases - An order, invoice or quote shall describe the goods or services to be supplied. All purchases are to be made on-line. We are not a retail store. No goods are offered for sale to customers when attending our premises. Counter pickup is available for goods which have been purchased online.
Description of Goods - Acme Firearm lists similar barcodes or item numbers as manufacturers to identify goods. Goods shall be supplied as listed by the manufacturers barcode or item number. Variations in our descriptions defers to the manufacturers description.
Goods and Services Tax and Government Imposts - Prices are inclusive of GST. Should Government Imposts become applicable they shall be for the purchaser's account at actuals.
Pricing - Prices are current at time of publication and are subject to change without notice. Contact Acme Firearms to confirm pricing prior to placing any E-shop order. All prices are cash and in Australian Dollars unless otherwise indicated and include a 10% Goods & Services Tax (GST). Use of credit cards, cheques, EFTPOS or other forms of payment may attract fees / surcharge at point of sale.
Payment by Credit Cards - Shall attract a surcharge of 2% for MasterCard and 2.4% for Visa.
Terms of Payment - Unless otherwise stated in the offer, prices are in cash and strictly net. Any payment due to Acme Firearms shall be made in full not later than fourteen (14) days after date of invoice. Acme Firearms reserves the right to deliver and invoice any item of items comprising the whole or part of any order. If delivery is delayed as a result of circumstances beyond the reasonable control of Acme Firearms, then fourteen (14) days after notification by Acme Firearms that the goods, or part thereof are ready for delivery, payment of 50% of the contract price applicable to the goods or part thereof referred to in the notice of delivery, shall fall due and be paid, the balance becoming payable on delivery or within one (1) month of the date such notification, whichever is the earlier. Should the purchaser delay in respect of any payment due to Acme Firearms then Acme Firearms shall have the right, in addition to all other rights to which Acme Firearms is entitled at law, to charge interest on the overdue amount at a rate of 12% per annum in excess of the interest rate prescribed by the Westpac indicator lending rate for overdrafts above $100,000 calculated from the date of the invoice to the date the actual date of full and final payment. Any payment by the purchaser shall be credited first against any interest so accrued and the balance of payment if any shall be applied in reduction of the outstanding balance of the contract price. The extension of credit facilities is in any case at the discretion of Acme Firearms and is subject to confirmation of the receipt of an order however in any event Acme Firearms retains the right to withdraw credit facilities at any time prior to delivery without further notification.
Payment by Cheque - The advent of Electronic Funds Transfer has relegated cheque payment as burdensome, time consuming and generally requiring a special trip to the bank to lodge a single transaction. Payment by cheque can only be made by prior arrangement with management. Payment by cheque should be completed at least 72 hours prior to delivery to allow enough time for the funds to clear. Cheque payment offered at point of sale shall be banked and cleared prior to the goods being delivered. No goods shall be delivered until such time as the funds have cleared. A dishonoured cheque fee of $55 shall be payable by the purchaser for any dishonoured cheques. An administration fee for the resubmission of the invoice shall also be payable. Additionally, an interest charge may also become payable as per the terms of payment. No further credit shall be available until payment in cash, EFT or money order is received.
Payment of Deposit - Deposits paid for goods and services are due as required by Acme Firearms.
Final Payment - Final payment is due as per our Terms of Payment prior to delivery of goods and services, or at such time as goods become available.
Goods returned for Credit - Goods shall be accepted for credit only by prior agreement or to the extent that they have been wrongly or over supplied. Returned goods shall be delivered to Acme Firearms free of charge, in original order and condition, unused and in the original packaging, accompanied by a dispatch note stating the original invoice number, date of supply and reason for return. Except where goods have been wrongly or over supplied, a charge as determined by Acme Firearms shall be made for handling costs. Goods made to special order or ordered on customer request cannot be returned or credited unless not to specifications or otherwise not in accordance with any expressed or implied term of the contract.
Shortages in Delivery - Claims for shortages in delivery shall only be accepted by Acme Firearms if Acme Firearms is notified in writing within ten (10) days of receipt of the goods.
Delivery of Goods - For delivery of goods to the purchaser, Acme Firearms shall use a cost effective delivery method unless instructed in writing by the purchaser to use a specific carrier. Once the goods have left the control of Acme Firearms; Acme Firearms shall not be responsible for any damage or loss arising from the use of any carrier.
Insurance of Shipped Goods - Acme Firearms shall not be responsible for insurance cover on any shipment. Upon request by the purchaser, insurance can be arranged for damage or loss at the purchaser's expense. Some carriers provide limited insurance as part of their terms of trade. Any claim shall be subject to the carrier's terms and conditions. All claims for damage or loss shall be directed to the nominated carrier.
Warranty - Manufacturer's warranty shall make good by repair or by replacement within a reasonable time after notification by the purchaser, defects which appear in the goods arising from faulty design, material or workmanship provided always that such goods have been properly handled and used and have been operated and maintained in accordance with instructions issued and such defects (whether apparent or not) occur within a period of:-
- 14 days after the goods have been delivered or
- 14 days from the date of notification of readiness for dispatch
Whichever period first expires and Acme Firearms is notified in writing within seven (7) days of alleged defect occurring and the purchaser has stated, proof and date of purchase. Where in accordance with the foregoing, the purchaser has notified Acme Firearms of an alleged defect, he shall if Acme Firearms so requires promptly, and at his own expense and risk, return the defective part(s) to Acme Firearms. The removal of a defective part and the installation of any repaired or replacement part may be performed by the purchaser at his own expense. Where any defective part(s) has been replaced such part(s) shall become the property of Acme Firearms. Acme Firearms shall not be liable for goods of a consumable nature such as ammunition, batteries and cleaning components or where any unauthorized repair or alteration to the goods has been performed by the purchaser or others. This express warranty is in lieu of any other rights that would otherwise be conferred on the purchaser under any Law save that this express warranty does not exclude any conditions or warranties implied into this contract by the provisions of the Trade Practices Act or by any other Federal or State Laws to the extent that such condition or warranties may not be excluded by express agreement.
Liability of Acme Firearms - Acme Firearms shall not be under any liability whether in contract, tort or otherwise from any cause whatsoever, whether occasioned by negligence or otherwise, for any injury, damage or loss, including consequential damage or loss whether to persons or property, arising out of this contract or the goods and services supplied pursuant hereto including any defects therein or anything connected therewith or with repair or replacement or any other work related thereto.
When Purchaser is a Consumer - If the basis of a contract is such that the purchaser is a consumer as defined in the Trade Practices Act or in any other Law of the Commonwealth (or any State or Territory) of Australia, the purchaser's rights shall be governed by the provisions of the said Act or any such Law to the extent that such liability may not be excluded by express agreement. If liability may not be excluded by express agreement and where the goods to be provided by Acme Firearms are not of a kind ordinarily acquired for personal domestic or household use or consumption, then the liability of Acme Firearms for a breach of a condition or warranty implied by the Trade Practices Act (other than a condition or warranty implied by Section 69) shall be limited to the repair of the goods, or, at Acme Firearms option, the replacement of the goods or the supply of equivalent goods.
Consignment of Items - Vendors shall submit a Certificate of Registration or receipt of ownership for consigned firearms. The term "consigned goods" shall be defined as a "firearm including any fittings and items as offered for sale" and includes magazines, bolts, adaptors, swivels, slings, sights, mounts, weights, cleaning gear, cases or bags and ammunition; or any additional items. For firearms, the Vendor shall remain a licensed firearms holder during the term of the consignment period. Should the Vendor become unlicensed or the firearm unregistered for any reason whatsoever, the Vendor shall forfeit ownership of the firearm to either Acme Firearms or Victoria Police. Victoria Police may seize or confiscate any items in the course of their duties, subject to the Firearms Act 1996. Acme Firearms may store items during the consignment period and make items available to prospective Purchasers; and may handle items for the purpose of exhibiting. Fees shall be payable to Acme Firearms at the time of sale. Fees shall be immediately deducted from any sale proceeds or deposits and are non-refundable. Fees are payable if Acme Firearms has not sold; or the Vendor withdraws items prior to being sold. Acme Firearms may also withdraw items from sale, at any time, and the Vendor shall retrieve their items within 7 days, or storage fees shall apply. A consignment shall not be withdrawn from sale if a Purchaser has paid a deposit. If the Purchaser is unable to complete the transaction in a reasonable amount of time as determined by Acme Firearms, the Vendor or Acme Firearms may withdraw items from sale. If the Purchaser withdraws from the sale or is unable to complete the transaction; Acme Firearms shall refund the deposit less fees to the Purchaser. If the Vendor withdraws the consignment from sale, the Vender shall take possession of their items within 24 hours. Storage fees shall be applied to any items possessed by Acme Firearms 24-hours after the withdrawal or completion of consignment. Victoria Police shall be notified of the storage arrangements of any firearms still possessed by Acme Firearms, six days after the 24-hour period expires. Any items held with unpaid storage fees due after 180 days, shall be entirely forfeited to Acme Firearms. Items forfeited shall become the unencumbered property of Acme Firearms.
Safekeeping - Safekeeping by Acme Firearm means the act of keeping items safe in a locked and protected area. Items delivered to Acme Firearms may require to be kept locked in a safe or protected area until retrieved by the purchaser. Items and firearms including their separate parts, kept for safekeeping by Acme Firearm are subject to storage fees and the terms of storage.
Storage Fees - Our schedule of Storage Fees is posted on our website and can be viewed by following the link here. Storage fees shall be paid in full, prior to the collection of any items jointly or severally. Any items with or separate of firearms are charged at the same rate as firearms. Items with an unpaid storage fee due, of more than 180 days shall be entirely forfeited to Acme Firearms. Items forfeited to Acme Firearms shall immediately become the unencumbered property of Acme Firearms.
Terms of Storage - All items kept for safekeeping are subject to a storage fee. Storage fees commence immediately upon receipt of the items. Items must be clean and free of contaminants. Firearms should be stored in their original packing box supplied by the manufacturer for optimum storage protection. Items may be wrapped in plastic by Acme Firearms to contain the spread of mould and other contaminants. Any contaminated or unstable items or their packaging may be disposed of by Acme Firearms without notice.
Electronic Application for Permit to Acquire (PTA) - We can apply for a PTA on your behalf. PTA's are usually electronically issued within 48 hours. We charge an administrative fee of $11.00 per application to cover our labour costs for lodging the paperwork. Additional you still need to pay for the cost of the PTA prior to being able to use it.
Firearm Transfer Fees - The fee to transfer ownership of a firearm is $27.70 and applies when two parties transfer ownership of a firearm. Either party must deliver the firearm in person onto our counter top at our trading address, with a valid Permit to Acquire. On completion of the transfer, the firearm is immediately taken from our premises by the other party. Any firearm left on the premises for safekeeping shall incur a Storage fee.
Firearm Transfer Fees for Interstate Transactions - The fee is $49.00 per firearm. Plus cost of freight to Australian destination.
Terms of Trade - Our terms of trade are subject to change from time to time. For the latest terms of trade please contact Acme Firearms for a copy.
Quotations - Quotations issued for goods which are held in stock are valid for a maximum of 7 days. Imported Goods and Custom Orders are subject to price change prior to completion of sale.
Back-orders - Goods purchased via E-shop and not in stock shall be placed on back-order and are subject to price change without notice.
Imported Goods - Imported goods may be subject to changes by Australian and Foreign Government policies and non-government agencies. Imported goods are subject to alteration. In case of force majeure such as fire, damages of storm, etc. or with strikes and lockouts with Acme Firearms and our suppliers any delivery times confirmed in writing may be exceeded or we may withdraw our delivery engagements. Claims of compensation from the purchaser because of non-respected delivery times or non-deliveries are excluded without any exception. Imported goods may be subject to fluctuations in the foreign exchange rate. All prepayments and deposits up to the total value of the offer are subject to change until the delivery of the goods. Acme Firearms may cancel importation of goods at any time and refund up to 100% of prepayments to affected purchasers.
Custom Orders - Custom ordered goods are any goods which are deemed to be such by Acme Firearms. Goods not normally held in stock or specially ordered for customers are considered custom orders. A prepaid non-refundable deposit may apply for custom made goods, prior to being ordered by Acme Firearms. Should the purchaser change or cancel the custom order after it has been lodged, any charges incurred by Acme Firearms shall be paid by the purchaser. Custom ordered goods cannot be returned and sales are final.
Restocking Fee - A restocking fee of 15% shall apply for all invoiced goods returned and accepted by Acme Firearms for restocking.
Legal Construction - The contract shall be construed and operate in conformity with the laws of the State of Victoria which is hereby deemed to the proper Law of the Contract.