Better Music terms and conditions of lay-by sales
1) Lay-by deposits:
1. Normal stock items (as determined by BETTER MUSIC) require a deposit of a minimum of 20% of the selling price of the goods
2. Special orders of non-stock items (as determined by BETTER MUSIC) requires a deposit of a minimum 50% of the selling price of the goods
2) Lay-by terms:
The terms of the lay-by is to be three months maximum from the date of the initiation of the lay-by. Longer terms may be available by prior arrangements
3) Lay-by minimum value:
Goods with a collective selling price of less than fifty dollars may not be considered for lay-by.
4) Lay-by cancellations:
(A) Cancellation by customer:
If a customer wishes to cancel their lay-by agreement with BETTER MUSIC, BETTER MUSIC reserves the right (as set out in the A.C.T. LAY-BY SALES AGREEMENT ACT 1963) to recoup the following expenses:
- STORAGE CHARGE - $50.00
- ADMINISTRATION FEES - $150.00
Under normal circumstances, the above charges may equal a minimum of 10% of the selling price of the goods. BETTER MUSIC agrees to furnish the customer with a detailed statement concerning the above event.
(B) ABANDONMENT OF LAY-BY BY BETTER MUSIC
BETTER MUSIC reserves the right to cancel a lay-by agreement with a customer (as set out in the A.C.T. LAY-BY SALES AGREEMENT ACT 1963 when the agreement goes outside the conditions of lay-by and to recoup storage charges and selling costs as per section (a)(above).
BETTER MUSIC agrees to give notice in writing by way of a detailed statement of its intentions concerning the cancellation of the lay-by and to allow a minimum of fourteen days after service of this notice, for the customer to meet the obligation of the lay-by agreement without any extra charges being incurred.
LAY-BY SALES AGREEMENTS ACT 1963
Section 7 Amended by
No 19, 1966, S.2
No 46, 1978, S.3
Australian capital territory
SUMMARY OF SECTIONS 5, 7, 12, 15, 16, AND 17 OF THE LAY-BY SALES AGREEMENTS ACT
1) The seller of good under a lay-by sale agreement is required to hand to the buyer, at the time the agreement is made, the following documents:
1. A sales docket stating a description of the good including, where the goods are second-hand; a statement that the goods are second-hand goods, the price of the goods and the recorded number if the lay-by sale agreement;
2. A copy, signed by the seller or the person who enters into the agreement on his behalf, of the terms and conditions of sale, not being terms and conditions implied by law; and
3. A copy of this summary
2) Any agreement made between the seller and the buyer varying, or adding to, the terms and conditions of the lay-by sale agreement, as stated in the copy of them handed to the buyer at the time of the making of the agreement, is voidable at the option of the buyer.
3) The buyer has the right to inspect, at any reasonable time, the goods that have been labelled and set aside for him/her under the lay-by sales agreement and entry relating to the lay-by sale agreement in the records of lay-by sales agreements kept by the seller. If the seller fails to label and set aside the goods after they have been approved by the buyer of to allow the buyer to inspect the goods of the records relation to the lay-by sale agreement, the buyer may avoid the lay-by sale agreement and claim the return of any moneys he/she has paid to the supplier.
4) Notwithstanding any agreement to the contrary, a seller shall not, in the exercise of a power expressly or impliedly by conferred on him under the terms of a lay-by sale agreement, determine the lay-by sale agreement unless-
1. He/she gives notice of this intention so to do by serving on the buyer, at the last address of the buyer known to him/her, a notice of his intention to determine the lay-by sale agreement;
2. He/she specifies, in the notice, the date, not being a date earlier than fourteen days after the service of the notice, upon which he/she intend to determine the lay-by sale agreement;
3. He/she serves on the buyer, at the same time as he serves the notice of his intention to determine the lay-by agreement, a statement in writing signed by him specifying –
1. The purchase price of the goods under the lay-by agreement;
2. The amount of the storage charge, if any, at the date on which it is intended to determine
the lay-by sale agreement;
3. The total amount of moneys paid, or the value of any other consideration provided towards
the purchase price by the buyer.
4. The amount that the seller estimates is sufficient to recoup him go the selling costs in
respect of the lay-by agreement;
5. The balance payable by the owner to complete the lay-by sale agreement; and
6. The balance, if any, which the seller estimates to be the amount to be due to the buyer in
accordance with Clause 8 of this summary.
5) If, on or before the date specified, in the notice of intention to determine the lay-by sale agreement as the date on which the seller intends to determine the lay-by sale agreement as the date on which the seller intends to determine the lay-by sale agreement, the buyer tenders to the seller the balance due in respect of the purchase price of the goods and the storage charge under the lay-by sale agreement, if any, seller shall deliver the goods to the buyer.
6) Notwithstanding any agreement to the contrary, the buyer may, at any time before the lay-by sale agreement is completed or determined, determine the lay-by sale agreement by serving, at the place of business of the seller, a notice in writing of his/her intention to determine the lay-by sale agreement and, if the buyer so serves such a notice, or, where a date later than the date of service is specified in the notice as the date on which the lay-by sale agreement shall be determined, from the later date.
7) If –
1. The buyer serves on the seller a notice in writing of his/her intention to determine the lay-by sale agreement;
2. The buyer requests the seller to furnish him with a statement under the sub-section (2) of section 16 of the Lay-by Sales Agreement Act; and
3. The buyer pays or tenders to the seller the sum of Twenty Cents
The seller shall, within seven days after receiving the receiving the request, make available to the buyer a statement signed by the seller stating the same particulars in respect of the lay-by sale agreement as are required in the statement that the seller is required to serve on the buyer if the seller intends to terminate the lay-by sale agreement (see paragraph (c) of clause 4 of this summary)
8) Where, at any time of determination of a lay-by sale agreement, the total of-
1. The amount of moneys paid by the buyer under the lay-by sale agreement;
2. The value of any other consideration provided by the buyer under the lay-by sale agreement; and
3. The value of the goods at the time of the determination of the lay-by sale agreement,
Exceeds the total of –
1. The amount of the storage charge, if any, under the lay-by sale agreement;
2. An amount sufficient to recoup the seller for his selling costs in respect of the lay-by sale agreement; and
3. The purchase price of the goods;
The buyer is entitled to recover from the seller the amount of the excess as a debt due and payable by the seller to the buyer
9) Where the total of the amounts specified in paragraphs (d), (e) and (f) of clause 8 exceed the total of the amounts in paragraphs (a), (b) and (c) of that clause, the seller is entitled to recover from the buyer the amount of the excess as a debt due and payable by the buyer to the seller.
10) Except as provided in clause 9, where a lay-by sale agreement is determined, the buyer ceases to be liable to make any further payments under the lay-by sale agreement.
11) Where a lay-by sale agreement has been determined under section 15 or 16 or the Lay-By Sale Agreement Act, the value of the goods at the time of the determination of the lay-by sales agreement shall be deemed to be –
1. He/she purchase price of the goods; or
2. The retail market selling price of the goods at the time of the determination, assuming, in a case where the condition of the goods has deteriorated since the time when the property in the goods passed to the buyer, that their condition has not deteriorated whichever is the less.