Terms and Conditions for A’besco Architectural Hardware

1.

Acceptance of Terms

1.1

By accessing our Website or acquiring any Goods from us, you agree to be bound by the these Terms. If you do not agree to these Terms, you must not access or use our Website or seek to acquire Goods from us through our Website.

1.2

If you are an employee or officer of a company, trustee of a trust, partner in a partnership or an agent for third party that is using our Website or seeking to acquire Goods from us through our Website, then you warrant to us that you are irrevocably authorised to act as their agent in doing so.

2.

Product Specifications

2.1

Goods offered for sale through our Website are described and presented accurately as possible using information provided by the manufacturer of the Goods however, we do not warrant that the descriptions, colours, information or other content available on the Website are accurate, complete, reliable, current or error free. Any specifications provided for the Goods are those provided by the manufacturer

2.2

You must act reasonably and you must take all steps reasonably available to you to protect your own interests in relation to the selection of the Goods, including checking that the Goods are of the correct specifications for your intended use

2.3

Variations in colour, texture or form of the Goods may occur due to the nature of the materials used or the manufacturing process.

3.

Pricing & Payment

3.1

All prices displayed on the Website for Goods are in Australia dollars and include GST where applicable. Prices are subject to change without notice.

3.2

We accept various payment methods as indicated on our Website, including credit card, EFT and PayPal. We do not hold payment information supplied by you, it is processed by third party providers.

3.3

Payment must be received in full before we arrange dispatch any Goods unless we have agreed to other arrangements with you, such as signing Credit Application & Deed of Guarantee & Indemnity by any officers.

4.

Shipping & Delivery

4.1

Goods will only be sent to addresses within Australia only. Shipping charges for your order will be calculated and displayed at checkout and will vary based on the size and weight of the Goods comprising your order, as well as the shipping destination, as determined by the third party carrier used.

4.2

Shipping times are estimates only and commence from the date of shipping, rather than the date of order. Delivery times are subject to the acceptance and approval of your order, which may be delayed where Goods are not held in stock and are on back order. We will endeavour to keep you informed of any delays in dispatch of orders.

4.3

Any delivery dates provided by us are estimates. We have no control over the timing of delivery by third party carriers and are not liable for any delays in of failures of delivery.

4.4

We are not liable for Goods damaged or lost during shipping. Risk of damage to or loss of the Goods are at your risk once dispatched by us. If you receive your order damaged in transit, please contact the shipping carrier directly. You must at your own cost arrange appropriate insurances to cover all risks associated with damage to or loss of the Goods in transit.

4.5

You must inspect any Goods immediately upon delivery. Details of any Goods as recorded by us upon dispatch will be conclusive evidence of the Goods and their quantity received by you on delivery unless you provide evidence reasonably satisfactory to us proving the contrary within 5 business days of delivery.

4.6

You waive any claims regarding any shortages in any Goods dispatched unless notice of claimed short delivery is provided to us within those 5 days. Any requests for the return of or refund for Goods must be made within those 5 days.

5.

Returns & Refunds

5.1

We are not obliged to accept the return of any Goods or to provide refunds (other than where required by law) however, we may do so on terms satisfactory to us.

5.2

Goods which are:

1. expressly sold on a no-return basis (including sale items);
2. custom made or personalized (due to their bespoke nature);
3. not in the condition we supplied them;
4. damaged in transit or by abnormal use, use contrary to our or the manufacturer’s instructions or by lack of or improper maintenance or are damaged during the installation process; or
5. returned by someone other than you as the original purchaser

will not be returnable unless we otherwise agree in writing, which we may refuse to do in our absolute discretion

5.3

If you seek the refund or return of any Goods, please contact us for our consideration. To be eligible for a return, your item must be unused, in the same condition that you received it, and in its original packaging.

6.

Termination

6.1

We may terminate any order at any time without cause in our absolute discretion and without any liability to you however, you may only terminate an order with our consent and on terms satisfactory to us such as indemnifying us from all costs and losses in respect of the order sought to be cancelled and pay such amounts within 7 days of the cancellation.

6.2

Subject to these Terms, on termination, that part of the price paid will be refunded to you within 14 days of the cancellation of the relevant order, less the costs and losses associated with that order and any other amounts that may be due and payable by you to us under these Terms or otherwise.

7.

Release & Indemnity

7.1

Any advice given by us in relation to Goods or their use or application is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given based on information on the Goods provided to us by their manufacturer, but is provided without any warranty as to accuracy, appropriateness or reliability and we do not accept any liability or responsibility for any loss, cost, damage, liability or expense suffered from reliance on such advice, recommendation, information or assistance. You agree to rely on your own judgment in making decisions concerning these Terms, the Goods and their fitness for your use.

7.2

You have no right of action against us and you release and indemnify us from any loss, cost, damage, liability or expense, including indirect, consequential and special losses (including loss of use, enjoyment, reputation, income or profit), and against all actions, suits, claims and demands against us in relation to the Goods, including any failure to deliver or delay in delivery of any Goods or part thereof.

7.3

If the Goods are not for personal or domestic use or not covered by the Australian Consumer Law, then to the maximum extent possible, you hereby release and indemnity us and agree to forever keep us indemnified from any loss, cost, damage, liability or expense, including indirect, consequential and special losses (including loss of use, enjoyment, income or profit), that we may incur in relation to you or any third party, where the loss, cost, damage, liability or expense is caused by or contributed to by us, the Goods, any defect of fault in workmanship or design or their use or for any other reason whatsoever. You acknowledge and agree that no such loss, cost, damage, liability or expense is reasonably foreseeable other than those stated/limited in clause 10.

8.

Warranties

8.1

We do not provide any warranties in relation to the Goods. The only warranties in relation to the Goods are those of the manufacturer and not us and to that end, the rights in any manufacturer’s warranty are required to be assigned to you, to the extent possible, they are assigned and title passes with the Goods subject to these Terms.

8.2

Any warranty or condition which would otherwise be implied in any agreement between us or in these terms (including, but not limited to, merchantability, suitability or fitness for purpose, quality, design, assembly, installation, operation or otherwise of the Goods) is expressly denied and is excluded to the maximum extent permitted by law.

8.3

Any hyperlinks from our Website to external sites (such as those of our suppliers or the manufacturers of Goods) are provided for information purposes only. We have no control over the information published by those linked websites and will not be responsible for a ny third party’s work product, content or privacy practices.

8.4

To the maximum extent permitted by law, we do not warrant or guarantee the quality or workmanship or fitness for purpose of any Goods. Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure. Any warranties provided in relation to Goods are those of the manufacturer.

9.

Late payment and security

9.1

Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and such interest shall compound monthly at such a rate) after as well as before any judgment.

9.2

You charge all of your right, title and interest in any land, realty or other assets capable of being charged, owned by you either now or in the future, to secure the performance of your obligations to us under these Terms (including, but not limited to, the payment of any money) and irrevocably authorize us to lodge caveats or other documents or notices to notify and protect that charge.

9.3

In this clause 9.3, the terms ‘financing statement’, ‘financing change statement’, ‘security agreement’ and ‘security interest’ have the meanings given to them by the Personal Property Securities Act 2009 (Cth) (PPSA).

1. You acknowledges and agree that these Terms constitute a security agreement for the purposes of the PPSA and creates a security interest in:
   1. all items supplied by us to you under these Terms;
   2. all items supplied in the future by us to you; and
   3. all of your present and after acquired property including any thing in respect of which you have at any time a sufficient right, interest or power sufficient to grant a security interest, being a charge granted by you in favour of us for the purposes of securing payment of all monetary obligations in relation to the provision of the goods and services under these Terms.
2. You undertakes to:
   1. promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Agent may reasonably require to; 
      1. register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register established by the PPSA (PPSR);
      2. register any other document required to be registered by the PPSA; or 
      3. correct a defect in a statement referred to in clause 9.3biA or 9.3biB;
   2. indemnify, and upon demand reimburse, us for all expenses incurred in registering a financing statement or financing change statement on the PPSR or releasing any items charged; 
   3. not register a financing change statement in respect of a security interest without our prior written consent; and
   4. not register, or permit to be registered, a financing statement or a financing change statement in relation to the items and/or collateral (account) in favour of a third party without our prior written consent. 
3. We each agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these Terms. 
4. You waive any rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA. 
5. You waive your rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA. 
6. Unless otherwise agreed to in writing by us, you waive any right to receive a verification statement in accordance with section 157 of the PPSA. 
7. You must unconditionally ratify any actions taken by us under clauses 9.3b-d. 
8. Subject to any express provisions to the contrary, nothing in these Terms is intended to have the effect of contracting out of any of the provisions of the PPSA.

9.4

If you owe us any money or we exercise our rights under these Terms, you indemnify us from and against all costs and disbursements incurred by us in recovering the debt due or exercising our rights (including but not limited to legal costs and disbursements on the indemnity basis).

10.

Limited Liability

10.1

To the maximum extent permitted by law and notwithstanding clauses 7 and 8, our liability to you in respect of any loss, cost, damage, liability or expense is limited (even where caused or contributed to by our negligence or breach of any term, condition or warranty stated in these Terms) in our absolute discretion to:

1. repairing the Goods; 
2. replacing the Goods or supplying equivalent goods;
3. refunding the purchase price paid; or
4. payment of the costs of repairing, replacing or acquiring equivalent goods.

10.2

All data inputted by you into our Website held will be securely stored and backed up on our servers managed by our third party service providers. We are not liable for any failure in service, loss of data or data protection due to security breaches in security systems.

11.

Intellectual Property

11.1

All content included on the Website, including text, graphics, logos, images, downloadable files, as well as the compilation thereof, and any software used on the site, are either the property of us or our suppliers and protected by copyright and other intellectual property laws.

11.2

You may not use, reproduce, duplicate, modify, reverse engineer, adapt or otherwise exploit such intellectual property without our prior written consent, which may be withheld.

12.

Privacy

12.1

To the maximum extent permissible by law, you waive all rights under the Privacy Act 1988 (Cth) and consent to the collection, storage and provision of information by us to third parties. Such information may be used for such things as our supplying the Goods to you, improving our offering of Goods or for our own statistical or marketing purposes. 

13.

Entire Agreement

13.1

These terms contain the entire agreement as between the parties in relation to its subject matter. Any previous representations or communications between us are merged in and superseded by these Terms and are of no force or effect.

14.

Governing Law & Jurisdiction

14.1

These Terms and the transactions contemplated by them are governed by and construed in accordance with the law of New South Wales, Australia and the parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia and all courts called to hear appeals from them.

15.

Amendment

15.1

We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Website. The changes apply from the date of such update (but will not affect ordered made prior to the change, which are governed by the Terms in force at the time of order). It is your responsibility to check this page periodically for changes.