Original Product GUARANTEE
Club of Diamonds Pty Ltd (Manufacturer of Original Products)
ABN:95324150712

TERMS & CONDITONS

Original® Products 10 year Guarantee

The performance of Original products is guaranteed for 10 years.

The founding company Original holds testimonials from some customers who confirm they have kept the Original products for over 20 years and testify to seeing the same excellent results achieved as when first purchased. 

During production, Original products are subject to rigorous quality control and are manufactured according to regulated pharmaceutical requirements. The Original products are environmentally friendly, biodegradable, safe on hands, non-hazardous and jewellery cleaner is reusable.

Replacements

If, despite all care, this product is found to be defective upon receipt, please advise in writing at sales@original.com within 24 hours of receipt and arrange return despatch to
Original, PO Box 1044, Ashmore City, QLD, 4214, Australia.

Purchasers of the Original products are advised that unless Club of Diamonds Pty Ltd (Agent for Original Products) is advised of defects within 24 hours of receipt or sale of goods then the goods will have been deemed to have been received in good order and condition, and, property in the goods will have passed if payment has been received.

 Club of Diamonds Pty Ltd shall not be required to replace goods which are defective as a result of not being used for their proper or intended purpose or which have been treated, processed or changed in any manner without Club of Diamonds Pty Ltd approval. The benefits conferred by this product guarantee are in addition to all implied guarantees, other rights and remedies in respect of the product, which consumers have under the Practices Act and similar State and Territory Laws.

Product Information & Packaging

The Original Diamond & Precious Jewellery Cleaner bottle has a white lid that when unscrewed reveals a white heat seal attached firmly over the bottle neck, thus preventing tampering and leakage.

The Original Gold and Silver Polish with a gold lid does not contain the white heat seal as the polish being of a thicker consistency than the blue Diamond & Precious Jewellery Cleaner liquid is not prone to leakage.

The specially designed & trademarked blue Original bottles are available in two sizes:

110ml - *Gold and Silver Polish
120ml – Original Diamond & Precious Jewellery Cleaner

50ml - *Original Gold and Silver Polish
55ml – Original Diamond & Precious Jewellery Cleaner

Please note: *Original Gold & Silver Polish instructions require that the bottle must be well shaken to allow the contents to be completely mixed before use; therefore, the Gold & Silver polish bottles are not filled to maximum capacity thus allowing contents to be fully mixed when shaken as instructed, before use.

Care and Life of Product

Definitions: Generally *PRECIOUS METALS are defined as: Gold; Platinum; Silver; Rhodium; Iridium and when the alloys the jewellery is comprised of are a high percentage in the content.

It is recommended that Original products are kept airtight, away from direct sunlight and that the Diamond & Precious Jewellery Cleaner liquid when used for cleaning *precious or semi-precious jewellery is poured into a non-metallic (plastic) airtight jar or container while jewellery is soaking and during storage. If the Original Diamond and Jewellery Cleaner is used on imitation or costume jewellery then the liquid used must be stored separately. On polishing the instructions advise not to polish costume or imitation jewellery or to mix them with precious jewellery during cleaning or soaking. This prevents alteration of the chemical composition by ferrous and non ferrous reaction of different metals.

If a piece of jewellery is plated with a good thickness of *precious metal, the Original products will work on the precious metal. However, if the item/s are plated and the plating is worn off any section/s, then the cleaning or polishing will not improve the exposed brass, gilding metal, pewter, steel or material contained beneath the plating. Replating is recommended.
                                                                                                                                         Postage & Delivery

Any period or date for delivery of goods or provision of services stated by Club of Diamonds Pty Ltd is intended as an estimate only and is not a contractual commitment. Club of Diamonds Pty Ltd will use its reasonable endeavours to meet any estimated date for delivery of the goods but will not be liable in any circumstances for any loss or damage suffered by the Customer or any third party for failure to meet any estimated date or period.

Completed couriers or drivers' manifest or delivery docket, or Australia Post record whether signed by the driver or the Customer or its employee or agent will be proof of Delivery of goods. 

Customers within Australia are provided the option of registered post, no liability is accepted by Club of Diamonds Pty Ltd for goods sent unregistered.  Goods claimed to not have been received via post will not be reissued until goods are returned to Club of Diamonds Pty Ltd, via post to Club of Diamonds Pty Ltd. Club of Diamonds Pty Ltd will be liable for repost costs if fault is proven to have resulted through company error.  If fault has resulted from customer error, the customer will be responsible for re postage costs.  
Disputed delivery / Delayed delivery -  from the date of despatch; a period of 2 months is allowed for return post of goods within Australia, and 4 months for goods posted overseas.
The Customer must provide reasonable and proper access to the location specified for delivery.
The Customer authorizes Club of Diamonds Pty Ltd in its absolute discretion to subcontract delivery.

Samples

Samples despatched as a result of business inquiries will be invoiced and a credit to the same value applied to subsequent orders.

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TERMS & CONDITIONS OF TRADE
Club of Diamonds Pty Ltd

1. Definitions in these conditions:

"Agreement" means any agreement or contract entered into for the provision of goods and /or services by Club of Diamonds Pty Ltd to the Customer.

"Terms" means these Terms and Conditions of Trade.

"Customer" means a person, firm or corporation, jointly and severally if there is more than one, acquiring Goods or Services from Club of Diamonds Pty Ltd.

"Delivery" means when Goods are delivered to the Customer's premises or when Services are provided.

"GST" means Goods and Services tax as defined in A New Tax System (Goods and services Tax) Act 1999 as amended.

"Intellectual Property" means all copyrights, patents, trademarks, designs, formulae, specifications, confidential information, manufacturing processes and or modifications, improvements and derivations (whether registrable or not) owned or licensed by Club of Diamonds Pty Ltd in respect of the goods and services

" Club of Diamonds Pty Ltd " for the purposes of these Terms and Conditions means
Club of Diamonds Pty Ltd Partnership ABN 85 186 101 11

"Terms" means the terms and conditions of Trade

2. Basis of Agreement

a. These Terms apply to the supply of all Goods and Services by Club of Diamonds Pty Ltd to the Customer and cannot be varied except in writing signed on behalf of Club of Diamonds Pty Ltd.

b. The Customer shall supply Club of Diamonds Pty Ltd with detailed and specific instructions as to the Goods & Services it requires

c. Any written quotation provided by Club of Diamonds Pty Ltd to the Customer for the supply of Goods and Services is:

i) Valid for 3 months from its date

ii) An invitation to treat only:

iii) Subject to the Customer offering to enter into an Agreement in accordance with these terms.

d. Club of Diamonds Pty Ltd may include additional terms in its quotation to the customer. In the case of inconsistency between terms set out in Club of Diamonds Pty Ltd's quotation and these Terms and terms set out in the quotation shall prevail.

e. The Customer shall offer to purchase Goods by signing the quotation and returning to Club of Diamonds Pty Ltd.

f. The Customer's offer shall be deemed to be accepted by Club of Diamonds Pty Ltd when:

i.) Club of Diamonds Pty Ltd confirms its acceptance in writing or by electronic means, or

ii.) Club of Diamonds Pty Ltd delivers the Goods and or Services the subject of the offer to the Customer

g. Club of Diamonds Pty Ltd may in its absolute discretion refuse to accept any offer to purchase.

3. Pricing

a. Prices quoted for the supply of Goods and Services exclude GST and all other taxes or duties imposed on the Goods and Services in addition to paying the price of goods and services, the Customer may pay any GST and any other taxes or duty imposed on the Goods and Services.

b. If the customer requests any variation to the Agreement, Club of Diamonds Pty Ltd may vary the price of the Goods or Services for the variation.

c. Where there is a substantial variation in the cost of materials or services used by Club of Diamonds Pty Ltd in producing the goods or services Club of Diamonds Pty Ltd may vary its price for Goods or Services by notifying the Customer.

4. Payment

a. Unless otherwise agreed in writing the Customer shall pay for Goods and Services supplied by Club of Diamonds Pty Ltd prior to delivery or as specified in the Trade Application Terms.

b. Payment by cheque is not deemed made until proceeds of the cheque have cleared.

5. Credit Facility

If Club of Diamonds Pty Ltd allows the Applicant time to pay for Goods or Services then such credit facility shall be conducted upon the following terms:

a The Customer shall pay for all Goods and Services supplied by Club of Diamonds Pty Ltd according to the terms agreed

b Late payments outside of the terms will incur penalties

c Club of Diamonds Pty Ltd may in its sole discretion at any time terminate the credit facility with the customer or require the Customer to provide security or additional security in support of the credit facility.

d. Club of Diamonds Pty Ltd may at any time cease or withhold the supply of goods to the Customer on Credit.

e. If the Customer fails to pay all monies due to Club of Diamonds Pty Ltd by the Due Date or is otherwise in breach of the credit facility then the Customer shall reimburse Club of Diamonds Pty Ltd all expenses and costs incurred by Club of Diamonds Pty Ltd in recovering monies not paid by the Applicant by the due date.

6. Risk and Insurance

a. The Goods shall be deemed at the Customer's risk immediately following Delivery of the Goods.

b. The Customer shall obtain all necessary licenses and permits in relation to the Goods under all relevant laws or regulations.

c. From the time of Delivery the Customer assumes all risk and liability for the loss, damage or injury to persons or property of the Customer, or third parties arising out of the use of possession of any of the Goods whether such goods are used singularly or in combination with other substances, or any process.

7. Acknowledgements

The Customer acknowledges that

a. It is solely responsible for satisfying itself that the goods or services are suitable for their intended use

b. Any description of the goods provided in a quotation or invoice is given by way of identification only and the use of such description does not constitute a contract of sale by description.

8. Performance of agreement

a. Any period of date for delivery of goods or provision of services stated by Club of Diamonds Pty Ltd is intended as an estimate only and is not a contractual commitment. Club of Diamonds Pty Ltd will use its reasonable endeavours to meet any estimated date for delivery of the goods or completion of the services but will not be liable in any circumstances for any loss or damage suffered by the Customer or any third party for failure to meet any estimated date.

b. A completed couriers or drivers' manifest or delivery docket, or Australia Post record whether signed by the driver or the Customer or its employee or agent will be proof of Delivery of goods invoiced.

9. Delivery

a. Club of Diamonds Pty Ltd will, at its discretion, arrange for the delivery of the goods to the customer and shall designate the route and means of transportation for the delivery of Goods or Services. In the event that the Customer requires a different route or form of transportation the Customer will reimburse Club of Diamonds Pty Ltd for the extra costs involved.

b. Unless otherwise agreed in writing by Club of Diamonds Pty Ltd, the Customer will be responsible for all costs associated with delivery, including freight, insurance and other charges arising from the point of despatch of the goods to the Customer to the point of deliver.

c. The Customer must provide reasonable and proper access to the location specified for deliver.

d. the Customer authorizes Club of Diamonds Pty Ltd in its absolute discretion to subcontract deliver.

e. The Customer indemnifies Club of Diamonds Pty Ltd against any loss or damage suffered by Club of Diamonds Pty Ltd, its subcontractors or employees as a result of delivery, except where such a loss or damage is cause by the negligence of Club of Diamonds Pty Ltd.

f. The obligation of Club of Diamonds Pty Ltd to deliver goods shall be satisfied by the delivery by Club of Diamonds Pty Ltd of the quantity of goods ordered (+/- 10%). The Customer shall only be required to pay for the actual quantity of the goods delivered by Club of Diamonds Pty Ltd.

10. Liability

a. Except as specifically set out herein, or contained in any warranty statement provided with the goods or services, any term, condition or warranty in respect of the quality, merchantability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or services, whether implied by statute, common law, trade usage, custom, or otherwise which may be lawfully excluded, is hereby expressly excluded.

b. Club of Diamonds Pty Ltd's liability arising under or in connection with the sale, use of, shortage in delivery of or any other dealings with the Goods or Services by Customer or third party shall be limited to replacement.

c. Club of Diamonds Pty Ltd shall not be liable for any loss damage suffered by the Customer where Club of Diamonds Pty Ltd has failed to deliver goods or services or fails to meet any delivery date or cancels or suspends the supply of goods or services.

d. Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting, or modifying the application of any State or Federal legislation applicable to the sale of goods or supply of services which cannot be restricted or modified.

11. Cancellation

a. If, through circumstances beyond the control of Club of Diamonds Pty Ltd, Club of Diamonds Pty Ltd is unable to effect Delivery or provision of goods or services, then Club of Diamonds Pty Ltd may cancel the Customer's order (even if it has already been accepted) by notice in writing to the customer.

b. No purported cancellation or suspension or any order or any part thereof by any Customer is binding on Club of Diamonds Pty Ltd after that order has been accepted.

c. Club of Diamonds Pty Ltd, in its absolute discretion may review, alter or terminate the Customer's credit limit or payment terms without notice.

13. Intellectual Property

a. the Customer acknowledges that it has no proprietary rights or interest in the Intellectual Property.

b. The Customer must not register or record or attempt to register or record anywhere in the world the Intellectual Property or any part of any patent, invention, trademark or design derived from or similar to the Intellectual Property or aid or abet anyone else in doing so.

c. The Customer must not at any time create, sell manufacture or process any goods or services using or taking advantage of the Intellectual Property unless express permission in writing has been given.

d. The Customer warrants that where it provides material for use by Club of Diamonds Pty Ltd or provides demonstration directions, it is legally entitled to do so.

e. The Customer indemnifies and agrees to keep indemnified Club of Diamonds Pty Ltd against all liabilities losses and expenses incurred by Club of Diamonds Pty Ltd in relation to, or in any way directly or indirectly connected with, any breach of Intellectual Property rights in relation to the Customer's Demonstration processes or material provided by the Customer for the demonstration and sale or supply of the goods and services.

f. Any Intellectual Property provided to the Customer by Club of Diamonds Pty Ltd in connection with the goods and services remains the exclusive property of Club of Diamonds Pty Ltd and must be returned to Club of Diamonds Pty Ltd on demand and must not be copied or communicated to any third party without the express written consent of Club of Diamonds Pty Ltd, including the copying of Demonstration DVDs and manuals.

14. Warranty

a. Subject to clause 15c Club of Diamonds Pty Ltd will replace any Goods which in its reasonable opinion do not meet the standards specified in the product description by more than an acceptable level of variance.

b. Provision of the Warranty is subject to:

i. Payment in full of the amount owing to Club of Diamonds Pty Ltd by the Customer in accordance with this or any Agreement.

ii. Written notice form the Customer within 24 hours of delivery of any Goods that it believes such Goods are defective.

iii. Correct use and storage of the Goods in accordance with instructions provided.

iv. Using the Goods and Services in accordance with their intended purpose.

c. The Customer warrants using the goods in accordance with:

i. Any instruction provided to it by Club of Diamonds Pty Ltd from time to time.

ii. All government and local regulations including but not limited to all relevant environmental laws and regulations governing the storage, use handling and maintenance of goods.

iii. All necessary and appropriate precautions and safety measures relating to the storage, use, handling and maintenance of the goods. Storage should be in cool dry temperature and out of direct sunlight.

15. Miscellaneous

a. Club of Diamonds Pty Ltd shall not be required to replace goods which are defective as a result of not being used for their proper or intended purpose or which have been treated, processed or changed in any manner without Club of Diamonds Pty Ltd approval
b. The laws of Queensland from time to time govern this agreement and the parties agree to the non-exclusive jurisdiction of the courts of Queensland and the Federal Court of Australia
c. Failure by Club of Diamonds Pty Ltd to enforce any of these terms shall not be construed as a waiver of any of Club of Diamonds Pty Ltd s rights
d. Any provision herein contained which is found to be unenforceable shall be read down so as to be enforceable or, if it cannot be so read down, the condition shall be severed from these terms without affecting the enforceability of the remaining conditions.
e. A notice must be in writing and handed personally or sent by facsimile or prepaid mail to the last known address of the addressee. Notices sent by prepaid post are deemed to be received two days after posting. Notices sent by facsimile are deemed to be received upon confirmation of transmission.