Terms and Conditions
Terms and Conditions
Terms and Conditions of Sale
Effective 27 June 2018
1. Definitions and interpretation
In these terms and conditions of sale (terms and conditions), unless the context clearly indicates otherwise:
Buyer means the purchaser of the Goods, whose details are set out in the invoice.
Goods means the products and, if any, services specified in the invoice.
Seller means PRECISE LEVELLING PTY LTD (ABN 34 629 857 209) or such other seller of the Goods whose details are set out in the invoice.
Nothing in these conditions exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Competition and Consumer Act 2010 (Cth)) and which by law cannot be excluded, restricted or modified.
These conditions (which will only be waived in writing signed by the Seller and Buyer) will prevail over all conditions of the Buyer’s order, to the extent of any inconsistency.
3. Terms of sale
The Goods and all other products sold by Seller are sold subject to these terms and conditions.
4. Seller’s quotations
Unless previously withdrawn, Seller’s quotations are an invitation to treat and orders may be submitted to the Seller within the period stated in them or, when no period is so stated, within 30 days only after its date. The Seller reserves the right to refuse any order based on its quotation following receipt of such order.
The cost of any special packing and packing materials used in relation to the Goods are at the Buyer’s expense, even if that cost has been omitted from any quotation.
The Buyer waives any claim for shortage of any Goods delivered if a claim in respect for short delivery has not been lodged with the Seller within 2 business days from the date of receipt of Goods by the Buyer.
All specifications, images and particulars of weights and dimensions submitted to the Seller are approximate only and any deviation from any of these things does not vitiate any contract with the Seller or form grounds for any claim against the Seller.
The descriptions, illustrations and performances contained in the website, catalogues, price lists and other advertising matter of the Seller do not form part of the contract of sale of the Goods or of the description applied to the Goods.
Where specifications, drawings or other particulars are supplied by the Buyer for the purposes of the Goods order, the Seller’s price will be calculated on the basis of estimates of quantities required to provide the Goods as specified, drawn or otherwise particularised by the Buyer. If there are any adjustments in quantities above or below the quantities estimated by Seller as set out in a quotation, then any such increase or decrease will be adjusted on a unit rate basis according to unit prices set out in this document or in the quotation.
The Customer acknowledges and agrees:
Goods which are described by the Seller as “economy” or “factory second” are goods that have failed to pass quality inspection, including due to cosmetic reasons (as opposed to functional reasons);
to the maximum extent permitted by law, such “economy” or “factory second” Goods are sold “as-is”, including in respect of their cosmetic and other physical features due to the nature of such “economy” or “factory second” Goods and having regard to the basis upon which they are sold, the Buyer shall not be entitled to make any claims in respect of cosmetic faults in respect of such Goods, including with respect to calibration differences in the Goods;
all “economy” or “factory second” Goods are subject to limited availability and are sold on that basis that such Goods shall only be available from the Seller “while stocks last”;
order quantities are the responsibility of the Customer and all associated calculations must be checked by the Customer prior to submission of any order to the Seller. Without limiting the foregoing, to the maximum extent permitted by law the Seller does not accept any responsibility for and the Seller shall not be liable in respect of any claim, liability, cost, expense, claim or demand in connection with any calculation in respect of any quantities of Goods required by the Customer which has been made by the Seller or any of its officers, employees, agents, contractor or other personnel;
the Customer shall be responsible for confirming all shade and/or batch variations in respect of Goods delivered prior to installation of them;
the Customer shall not be entitled to make any claims and the Seller shall not be liable to the Customer for any claim, liability, cost, expense, claim or demand in respect of shade and/or batch variations after installation of Good; and
all Goods listed as available by the Seller are subject at all times to stock availability. In the event Goods are out of stock from time to time, the Seller may offer alternative Goods or a refund of the purchase price and this shall be the sole remedy of the Customer in respect of such matters. Further, the Customer acknowledges certain Goods may be available through an alternative supply chain and still be available to purchase at an alternative price point. The Seller will use reasonable commercial endeavours to provide details of same to the Purchaser, including details of the price of such alternative Goods.
Any performance figures given by the Seller are estimates only. To the maximum extent permitted by law, the Seller is under no liability for damages for failure of the Goods to attain such figures unless specifically guaranteed in writing. Any such written guarantees are subject to the recognised tolerances applicable to such figures.
The delivery times made known to the Buyer are estimates only and the Seller is not liable for late delivery or non-delivery.
The Seller will not be liable for any loss, damage or delay occasioned to the Buyer or its customers arising from late or non-delivery or late installation of the Goods.
The Seller may at its option deliver the Goods to the Buyer in any number of instalments unless there is an endorsement overleaf to the effect that the Buyer will not take delivery by instalments.
If the Seller delivers any of the Goods by instalments, and any one of those instalments is defective for any reason:
this does not constitute a repudiation of the contract of sale formed by these conditions; and
the defective instalment is a severable breach that gives rise only to a claim for compensation.
11. Loss or damage in transit
The Seller is not responsible to the Buyer or any person claiming through the Buyer for any loss or damage to Goods in transit caused by any event of any kind or by any person (whether or not the Seller is legally responsible for the actions of that person).
The Seller must provide the Buyer with such assistance as may be reasonably necessary to institute claims against a carrier for damages to Goods in transit so long as the Buyer:
has notified the Seller and the carrier in writing immediately after loss or damage is discovered by the Buyer on receipt of Goods; and
serves a claim for compensation on the carrier within 3 days of the date of receipt of the Goods.
The Seller’s liability for Goods manufactured by it is limited to making good any defects. This must be done by repairing the defects or, at the Seller’s option, by replacement, within a period not exceeding 12 calendar months after the Goods have been dispatched. This applies so long as:
the defects have arisen solely from faulty materials or workmanship;
the Goods have not received maltreatment, inattention or interference;
accessories of any kind used by the Buyer are manufactured by or approved by Seller;
the seals of any kind on the Goods remain unbroken; and
the defective parts are promptly returned free of cost to the Seller.
If the Goods are not manufactured by the Seller, the guarantee of the manufacturer of those Goods is accepted by the Buyer and is the only guarantee given to the Buyer for the Goods. The Seller agrees to assign to the Buyer on request made by the Buyer the benefit of any warranty or entitlement to the Goods that the manufacturer has granted to the Seller under any contract or by implication or operation of law to the extent that the benefit of any warranty or entitlement is assignable.
The Seller is not liable for, and the Buyer releases the Seller from, any claims in respect of faulty or defective design of any Goods supplied. This is unless the design has been wholly prepared by the Seller and the responsibility for any claim has been specifically accepted by the Seller in writing.
The Seller’s liability under clause 12(c) is limited strictly to the replacement of defective parts in accordance with clause 12(a) of these conditions.
Except as provided in these conditions, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the Goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded. The Seller is not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of the Goods or arising out of the Seller’s negligence or in any way.
13. Consumer guarantees
The Seller’s liability for a breach of a condition or warranty implied by Part 3-2 Division 1 of the Australian Consumer Law is limited to:
in the case of Goods, any one or more of:
the replacement of the Goods or the supply of equivalent goods;
the repair of the Goods;
the payment of the cost of replacing the Goods or of acquiring equivalent goods; and
the payment of the cost of having the Goods repaired; or
in the case of services:
the supplying of the services again; or
the payment of the cost of having the services supplied again.
14. Indemnification of suppliers by manufacturers
The Seller’s liability under section 274 of the Australian Consumer Law is expressly limited to a liability to pay to the purchaser an amount equal to:
the cost of replacing the Goods;
the cost of obtaining equivalent goods; or
the cost of having the Goods repaired,
whichever is the lowest amount.
Unless otherwise stated all prices quoted by vendor are exclusive of Goods and Services Tax (GST).
Prices quoted are calculated at the date of issue of a relevant quotation and include rates provided by third parties providers. These third party rates include the cost of freight, insurance, customs duties, exchange, shipping expenses, sorting and stacking charges, cartage, rate of water, cost of materials and other charges affecting the cost of production (Third Party Rates). Third Party Rates may vary slightly from the date of the quotation to the time of delivery of the Goods. The Buyer will be liable for any increase in the Third Party Rates.
If the Seller makes any alterations to the price of the Goods or to any of their inputs either before acceptance of or during the currency of the contract, these alterations are for the Buyer’s account.
The purchase price for the Goods plus GST where applicable is payable at the time the Customer places its order (Payment Due Date) unless other terms of payment are agreed in writing between the parties.
The Buyer must pay interest on any outstanding amount not paid by Payment Due Date. Interest will be calculated on the basis of the Commonwealth Bank of Australia Business Indicator Rate as published from time to time plus 2%. Interest will accrue daily from the Payment Due Date until the outstanding amount is paid in full.
17. Buyer’s property
Any property of the Buyer under the Seller’s possession, custody or control is completely at the Buyer’s risk as regards loss or damage caused to the property or by it.
The Seller reserves the right to charge a reasonable fee for storage if delivery instructions are not provided by the Buyer within 3 business days of a request by the Seller for such instructions. The parties agree that the Seller may charge for storage from the first day after the Seller requests the Buyer to provide delivery instructions.
19. Returned Goods
Except for any provisions to the contrary contained in this agreement, the Seller is not under any duty to accept Goods returned by the Buyer. The Seller will do so only on terms to be agreed in writing in each individual case.
If the Seller agrees to accept returned Goods from the Buyer under clause 19(a) of this clause, the Buyer must return the Goods to the Seller at the Seller’s place of business referred to at the head of these conditions.
Seller may charge a restocking fee of 30% of the price of the relevant Goods. Customer acknowledges that such fee is a genuine pre-estimate of Seller’s costs and expenses in connection with the supply and return of such Goods.
20. Goods sold
All Goods to be supplied by the Seller to the Buyer are as described on the purchase order agreed by the Seller and the Buyer and the description on such purchase order as so agreed prevails over all other descriptions of the Goods including any specification or enquiry of the Buyer.
No order may be cancelled by the Buyer except with the written consent of the Seller. If there is a cancellation of the order by the Buyer, the Seller has the right to claim indemnity against all losses suffered by the Seller as a result of such cancellation.
In the absence of any breach of this agreement, the Seller may terminate this agreement in its absolute discretion with a minimum of 7 days’ written notice to the other party.
This agreement will automatically terminate if a party enters into any composition or arrangement with its creditors or has a receiver appointed over any of its assets or is the subject of any resolution or petition for winding up or judicial management (other than for the purpose of amalgamation or reconstruction).
Either party may terminate this agreement if the other party is in material breach of any of its obligations under this agreement and if the breach is capable of remedy fails to remedy the breach for a period of 14 days after receipt of a written notice by the other party requiring rectification of the breach.
Exercise of the right of termination afforded to either party under this clause will not prejudice the legal rights or remedies which either party may have against the other in respect of a breach of any term, condition or warranty of this agreement.
The obligations of the parties that by their nature could reasonably construed as being intended to continue to apply beyond the termination of this agreement will continue to apply.
23. Governing law
This agreement shall be governed by and construed in accordance with the laws of the State of Queensland, Australia and the parties submit to the non-exclusive jurisdiction of the Courts of Queensland.
Website terms and conditions
Effective 27 June 2018
In these terms and conditions, ‘us’ ‘we’ or ‘our’ means PRECISE LEVELLING PTY LTD (ABN 34 629 857 209) and each of our related bodies corporate from time to time.
By using our website you accept these terms and conditions.
By accessing this website, you agree to be bound by these terms and conditions (these terms). If you do not accept these terms, you must not use this website.
These terms must be read in conjunction with any other applicable terms and conditions governing the use of this website.
We may make changes to these terms
We may change these terms from time to time by publishing changes to it on our website.
By using our website, you confirm that you accept these terms and that you agree to comply with them. If you do not agree to these terms, you must not use our website.
We may make changes to our website
We may update and change our website from time to time to reflect changes to our products, our users’ needs and our business priorities or for any other reason.
We may suspend or withdraw our website
Our website is made available free of charge. We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms and other applicable terms and conditions, and that they comply with them.
Eligibility to use our website
Our website is directed to users who are at least 18 years old and are residing in and using this website within Australia. We do not represent that content available on or through our website is appropriate for use or available in other locations. If you access our website from outside Australia, you do at your risk and you are responsible for compliance with laws applicable to your accessing the website from your location.
You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at https://www.preciselevellingsystems.com.
How you may use material on our website
We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our website for your personal use and you may draw the attention of others to content posted on our website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged.
You must not use any part of the content on our website for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our website in breach of these terms, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features.
You must not delete or alter any copyright, trade mark or other proprietary rights notices from copies of materials from this website.
Do not rely on information on this website
This website is provided on an “as is” and “as available” basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the website.
The content on our website is provided for general information only. It is not intended to amount to advice on which you should wholly rely.
Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is always accurate, complete or up-to-date.
We are not responsible for websites we link to
Where our website contains links to other sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.
This website may include information and materials uploaded by other users of the website, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our website do not represent our views or values.
This website may from time to time contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards or order forms and other interactive features (collectively, Interactive Services) that allow users to post, submit, publish, display or transmit to other users or other persons (post) content or materials (collectively, User Contributions) on or through the website.
All User Contributions must comply with the content standards set out in these terms.
Any User Contribution you post to the website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, however by providing any User Contribution on the website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the content standards in clause 12 of these terms.
You are solely responsible for securing and backing up your content.
Where this website permits User Contributions, you represent and warrant that:
You own or control all rights in and to your User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
All of your User Contributions do and will comply with these terms.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you (and not us) have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the website.
We have the right to remove, refuse to post or take any action with respect to any User Contributions for any or no reason in our sole discretion. If you wish to complain about information and materials uploaded by other users please contact us at: https://www.preciselevellingsystems.com.
The content standards in these terms apply to any and all User Contributions and use of social media features. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. In particular, you warrant that your User Contributions will not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Contain or promote sexual or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trade mark, trade secret, copyright or other intellectual property or other rights of any other person.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organisation, including with us.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Whenever you make use of a feature that allows you to upload content to our website, or to make contact with other users of our website, you must comply with the content standards in this clause 12.
You warrant that any such contribution complies with these standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. We may report any breach of your warranty to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
Limitation of liability
In no event will we, our affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our website, any websites linked to it, any content on our website or such other websites or any services or items obtained through our website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law.
You agree to defend, indemnify and hold us, our affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these terms or your use of the website, including, but not limited to, your User Contributions (if any), your use of any information obtained from the website and any use of the website’s content, services and products other than as expressly authorised in these terms.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our terms of sale.
We are not responsible for viruses
We do not guarantee that our website will be secure or free from bugs or viruses.
You are responsible for configuring your technology to access our website. You should use your own virus protection software.
Rules about linking to our website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. The website in which you are linking must comply in all respects with the content standards set out in clause 12.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Our website must not be framed on any other website, nor may you create a link to any part of our website other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on our website other than that set out above, please contact us via: https://www.preciselevellingsystems.com
These terms, their subject matter and their formation, are governed by the laws of Queensland, Australia. You and we both agree that the courts in Queensland, Australia will have non-exclusive jurisdiction.
Our trade marks
“Precise Levelling Systems” and all related names, logos, product and service names, designs and slogans are our trademarks or the trademarks of our affiliates or licensors. You must not use such marks without our prior written permission unless they are part of material you are using as permitted under these terms. Other names, logos, product and service names, designs and slogans on this website are the trademarks of their respective owners and are used by us under licence.
You may use the website only for lawful purposes and in accordance with these terms. You agree not to use the website:
in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);
for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
to send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in clause 12 of these terms;
to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or
to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the website, or which, as determined by us, may harm us or users of the website or expose them to liability.
Additionally, you agree not to:
use the website in any manner that could disable, overburden, damage, or impair the website or interfere with any other party’s use of the website, including their ability to engage in real time activities through the website;
use any robot, spider or other automatic device, process or means to access the website for any purpose, including monitoring or copying any of the material on the website;
use any manual process to monitor or copy any of the material on the website or for any other unauthorised purpose without our prior written consent;
use any device, software or routine that interferes with the proper working of the website;
introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the website, the server on which the website is stored, or any server, computer or database connected to the website;
attack the website via a denial-of-service attack or a distributed denial-of-service attack; or
otherwise attempt to interfere with the proper working of the website.
We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
All purchases through our website or other transactions for the sale of goods or services formed through the website or as a result of visits made by you are governed by our terms of sale, which are incorporated into these terms.
Other terms and conditions
Additional terms and conditions may also apply to specific portions, services or features of the website. All such additional terms and conditions are incorporated by this reference into these terms.