Terms & Conditions


ACCEPTANCE OF TERMS


These terms and conditions govern all supply of goods and services ("products") by 316 Australia Pty Ltd ("316 Engineering", "we, "us") to you, the purchaser of goods and services from us, including your use of the website at 316-engineering.com ("the website").

They are effective from 1 July 2020 and will replace all earlier 316 Australia Pty Ltd terms of use, terms and conditions of purchase and any conditions contained in any document used by you and purporting to have contractual effect.

We reserve the right to change these terms by notice to you. Notice may be given by posting the revised terms and conditions on our website.

To make a purchase from our online shop you must be 18 years of age or over.

Purchases from our online shop may only be made by persons who are acquiring goods or services for their own use or consumption, and you must not acquire goods from us via the website for resupply (whether in trade or otherwise).

If you are purchasing on behalf of another entity such as a company, you warrant you have the authorisation to agree to these terms and conditions on behalf of the entity.

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WEBSITE TERMS OF USE

1 AVAILABILITY AND SUPPLY

All orders are subject to the availability of those products or services. If for any reason a Product is not available, we will endeavour to notify the non-availability on our online shop.

2 PRICING

All prices are in Australian Dollars and are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise but are exclusive of delivery charges. All prices are correct when published. We reserve the right to alter prices at any time.

An invoice will be emailed to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.

3 PAYMENT OPTIONS

We accept the following credit cards: Visa, MasterCard and American Express. All card payments attract a surcharge of 1.75% for domestic cards and 2.9% for international cards.

All payments are processed via Stripe's secure payments system to ensure high levels of payment security and are subject to Stripe's terms and conditions.

We also accept payment via direct deposit.

4 DELIVERY AND DELIVERY CHARGES

Prices for goods and services stated on our website are exclusive of any applicable delivery charges.

The cost of delivery is as stated on our website and a total delivery cost will be provided in the order summary, we in your online shopping basket.

We will use all reasonable endeavours to ensure that orders for tangible goods will be dispatched promptly after an order has been placed.

4.1 Shipment Processing Time

All stocked orders are processed within 2-3 business days by either Australia Post or TNT. All products requiring manufacturing are subject to the lead time noted in the item's description.

Orders are not shipped or delivered on weekends or holidays. If we are experiencing a high volume of orders, shipments may be delayed by a few days. Please allow additional days in transit for delivery. If there will be a significant delay in shipment of your order, we will contact you via email or telephone.

4.2 Shipment Confirmation & Order Tracking

You will receive a Shipment Confirmation email once your order has shipped containing your tracking number(s). The tracking number will be active within 24 hours.

4.3 Shipping rates & delivery estimates

Shipping charges for your order will be calculated and displayed at checkout.

5 RETURNS, REFUNDS AND ORDER CANCELLATIONS

If for any reason you would like to cancel an order before it is shipped, please contact us via phone of email. If your product has not been customised in any way, we will refund the full amount, minus any associated payment fees.

6 PRODUCT DESCRIPTIONS

316-engineering.com and its affiliates attempt to be as accurate as possible. However, 316-engineering.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by 316-engineering.com itself is not as described, your sole remedy is to return it in unused condition.

7 OTHER BUSINESSES

Parties other than 316 Engineering and its subsidiaries sell product lines on this site. In addition, we may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. 316 Engineering does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

8 DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

This site is provided by 316 Engineering on an "as is" and "as available" basis. 316 Engineering makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site.

You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, 316 Engineering disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

316 Engineering does not warrant that this site, its servers, or e-mail sent from 316 Engineering are free of viruses or other harmful components. 316 Engineering will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

9 APPLICABLE LAW

By visiting 316-engineering.com, you agree that the laws of Australia, without regard to principles of conflict of laws, will govern these Website Terms of Use and any dispute of any sort that might arise between you and 316 Engineering or its affiliates.

10 DISPUTES

Any dispute relating in any way to your visit to 316-engineering.com or to products you purchase through 316-engineering.com shall be submitted to confidential arbitration in Brisbane, Australia, except that, to the extent you have in any manner violated or threatened to violate 316 Engineering's intellectual property rights, 316 Engineering may seek injunctive or other appropriate relief in any court in Australia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of an independent arbitrator. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

11 PRIVACY POLICY AND CONFIDENTIALITY

Unless you opt to receive messages from us, we will not contact you again in future. If you have opted to receive ongoing communications and at a later date you no longer wish to receive these communications, you will be able to opt out of receiving this information by contacting us by email or by following the unsubscribe instructions at the bottom of emails sent to you.

Opting out of receiving the above-mentioned messages will not prevent the sending of messages that specifically relate to your order(s).

We may use personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your purchases from us.

You will need to permit us to place data files ("cookies") on your computer to enable you to use some features of some of our websites. Where you choose not to enable cookies from our Website, some functionality of those Website may not be available to you.

We may disclose your personal information as required by law.

Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.

You can request details of your personal information that we hold, and ask us to correct it, at any time.

12 GENERAL CONDITIONS

We reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on our website at 316-engineering.com.

If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.

If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.

Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.

We may deliver notices to you by sending them to an email address that you have notified to us.

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TERMS & CONDITIONS OF PURCHASE

1 DEFINITIONS

Agreement means the agreement between the Purchaser and the Supplier for the purchase of Goods or Services, comprising the documents set out in clause 2;

Business Day means a day (other than a Saturday, Sunday or public holiday) on which registered banks are open for business in Brisbane, Queensland;

Buyer means Person or entity that is a recipient of a good or service provided by a seller under a purchase order or contract of sale;

Delivery means delivery of the Goods or supply of the Services to the location specified in the Purchase Order;

Goods means the goods described in the Purchase Order;

GST means goods and services tax payable under the Goods and Services Tax Act 1985;

Price means the price for the Goods excluding freight, postage, packing, insurance and GST;

Proposal Form means the Seller's standard forms (quotations and invoices) completed with details of the Goods that the Seller is willing to sell to the Buyer and any special provisions applicable to that transaction;

Purchase Order means the Purchaser's request for Goods and/or Services placed or communicated with the Seller in whatever form and includes these Terms;

Seller means the person or entity who sells the Goods or Services to the Buyer;

Services means the services described in the Purchase Order;

Specifications means any technical or other specification relating to the Goods or Services referred to in the Purchase Order; and

Terms mean these terms and conditions of purchase.

2 TERMS OF AGREEMENT

The agreement between the Buyer and the Seller for the purchase of the Goods or Services, by the Buyer from the Seller comprises:
a) these Terms;
b) the Purchase Order; and
c) any agreed written variation.

The Buyer acknowledges the Seller will not accept any terms and conditions that may accompany the Buyer's Purchase Order.

The Buyer making payment for Goods on the Proposal Form (in part or full) shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and indicates that they have had sufficient opportunity to access, read and accept them, and will comply with these Terms;

Any variation of these Terms (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

3 PRICE

The Price of the Goods shall be the price specified in the Seller's standard Proposal Form as completed and submitted by the Buyer and accepted by the Seller.

Subject to the clause below, the Buyer shall pay the Price for the Goods, which cannot be varied without the prior written authorisation of the Seller signed by an authorised representative of the Seller.

If the Buyer wishes to change the quantity or Specification of the Goods (subject to the clause above) this may be done only with the prior written consent of the Seller and the Price will be varied to reflect the change in quantity or Specification and such variation in the Price will not take effect without the prior written authorisation of the Seller, or by an authorised representative of the Seller.

If the Goods are already in manufacture/manufactured for the Purchase Order no changes will be accepted or may only be accepted at the Seller's discretion.

The Price is exclusive of GST

The Price is exclusive of delivery to site unless stated separately as a delivery charge on the Proposal Form.

4 PAYMENT

The Seller will provide the Buyer with a valid tax invoice setting out the amount payable by the Buyer to the Seller for the Goods or Services.

A partial payment of no less than 30% of the purchase price may be required upon receipt of written order confirmation at the sole discretion of the Seller.

Full payment of the balance of the purchase price (including GST and delivery) is required prior to collection or shipping of the Goods.

Unless there is a bona fide dispute in relation to the invoice, the Buyer will pay the invoice of the Seller on/before the due date specified on the invoice. Payment will be made by direct credit to the bank account nominated by the Seller or other method as agreed by the Seller.

If invoices are overdue, the Seller has the right to engage debt collection services for the collection of unpaid and undisputed debts, and the right to commence legal proceedings for any outstanding amounts owed to the Seller. The Buyer acknowledges and agrees that it is liable for and will pay all costs including debt collection, commission, solicitors fees and any out of pocket expenses. The Buyer will indemnify the Seller for the full amount of the Seller's legal and debt recovery costs.

5 TITLE, RISK & DELIVERY

Unless otherwise agreed in writing, the Supplier will deliver the Goods or Services to or at the location specified in the Purchase Order.

Where the Goods are to be delivered by the Seller, the Seller will engage a third party delivery service provider of its choosing to effect the delivery. The Buyer agrees to bear all delivery charges and risk in the Goods passes upon dispatch and the Buyer agrees to bear all liability for damage incurred during transport.

The Buyer indemnifies the Seller from and against, any loss of and/ or damage caused to or by the Goods after the Goods are collected by or dispatched to the Buyer or its representative.

Any risk associated with the Goods remains with the Supplier until Delivery of the Goods to the Purchaser in accordance with these Terms. Title in the Goods passes to the Purchaser upon Delivery of the Goods to the Purchaser.

6 ACCEPTANCE OF THE GOODS

The Buyer shall be deemed to have accepted the Goods (24 hours) after delivery to the Buyer unless within that period it notifies the Seller that the goods are not in accordance with the Agreement. The Buyer shall provide such information as the Seller may reasonably request in respect of such rejection, including photographs of the items in dispute. Installation of the Goods is deemed as acceptance.

7 FORCE MAJEURE

Neither party shall be liable for any default due to any act of god, war, civil disturbance, malicious damage, strike, lockout, industrial action, fire, flood, drought, extreme weather conditions, compliance with any law or governmental order, rule, regulation, direction or other circumstance beyond the reasonable control of either party ('Force Majeure Event').

8 LIMITED WARRANTY

The Limited Warranty applies to physical goods (the "Product") and only for physical goods, purchased from the Seller.

The Limited Warranty covers any defects in material or workmanship under normal use during the Warranty Period.

All Products supplied by the Seller will be subject to a Limited Warranty for 10 years from the date of delivery.

During the Warranty Period, the Buyer must contact the Seller within 14 business days, the Seller will repair or replace, at no charge, Products or parts that proves defective because of improper material or workmanship under normal use and maintenance.

A replacement Product or part assumes the remaining warranty of the original Product or 10 years from the date of replacement or repair, whichever is longer.

The Limited Warranty does not apply to any damage, expenses, or injuries that occur from improper use, mishandling, faulty transportation, or incorrect installation of the Product.

The Seller makes no warranty, express or implied, oral or written, concerning the aforementioned Products merchantability, fitness, purpose or suitability.


 

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