Definitions
Seller and Supplier means Rigger Imports Safety Pty Ltd ABN 73 152 582 655 except where the context requires otherwise. Customer means the Customer whose order for the purchase of goods is accepted by the Seller. Customer includes a buyer that has not dealt with the supplier previously
Responsibility
It is the Customers responsibility to ensure the product(s) purchased is suitable and safe for the intended use and that they have the necessary expertise to make the decision.
Conditions
These Terms and conditions shall apply to every sale contract and sale of goods between Seller and Customer. Any terms and conditions of the Customers order or any statement by Customer deviating from or inconsistent with these terms and conditions are expressly rejected by the seller. An accepted order is not cancellable. No agent or distributor of the Seller has the authority to add to, vary or contradict these terms and conditions.
Not obliged to accept orders
The Seller is not obliged to accept any orders from the Customer. No Tender or quotation from the Seller obliges the Seller to accept any order from the customer. But if the Customer places an order with the Seller then it becomes binding from the moment the Seller accepts the order even if the Seller does not tell the Customer that he has accepted
Conditions to overrule any other form
These conditions prevail even if they are inconsistent with anything in any earline or later order forms or similar document
Prices and Good and Services Tax (GST)
All prices are subject to change without notice. As a wholesale company prices shall be shown excluding GST and the current percentage GST shall be added. The seller may increase any agreed sale price after the Seller accepts an order, to cover the full amount of any increases in the GST or other taxes and duties such as customs duty, sales taxes consumption taxes and stamp duty which the Seller incurs in connection with a transaction after the date of the Customers order.
Delivery
The Seller reserves the right to apply a freight charge where, in the Seller’s option, the cost of delivery is not covered by the current price structure. The Seller also reserves the right to apply fuel levy. The Seller is entitled to invoice the Customer for alternative packing or delivery arrangements. If the Seller agrees to arrange delivery elsewhere the Seller will deliver any goods ordered by the customer at the customers cost. The Seller may dispatch an order in one or more instalments. In that case the customer must pay separately for each instalment and each instalment becomes a separate contract. Non-delivery of one instalment does not affect the contracts for the other instalments that are to be delivered or are to be delivered. If part of an order of any goods is not collected or accepted by the Customer for any reason the seller may place such goods or services in storage, including at or on the Sellers premises. The Customer must pay the Seller for all expenses incurred in relation to storing any goods not collected or accepted and in any case not less than the commercial value of the storage space occupied by the goods. The Customer takes all the risk associated with the good in all respects from the time of deliver or, if the Seller stores goods that are ready for delivery then from then from the time that the Seller notifies the customer that the goods are held in storage.
Passing of Risk
The risk in the goods sold passes to the customer at the point of delivery at the Supplier’s warehouse unless otherwise agreed or subject to clause (Delivery). Where the goods are transported by the Supplier to the Customer’s premises, delivery shall be deemed to take place at the moment the goods pass over the side of the vehicle in which they were transported to the customer’s premises. The Customer shall provide or cause to be provided full and clear access for delivery and will at own expense provide all necessary assistance in unloading the goods at the nominated place of delivery. Where the Customer has requested special arrangements (i.e. other than Seller delivering to the premises of the Customer) risk in respect of the goods shall pass to the Customer upon the goods leaving the premises of the Seller. The Seller will not in any circumstances accept liability for damage, storage or loss during transit.
Ownership passes to Customer on payment
Goods remain the property of the Seller until payment is made in full plus any associated charges. Where payment is tendered by cheque payment shall not be deemed to have been received until such cheque is honoured upon presentation at the drawer’s bank. If the cheque is dishonoured the seller reserves the right to charge the customer for accounting and bank charges and other fees incurred by it in respect of such dishonour. Upon any default by the Customer in payment of any amount due to the Seller, the Customer Irrevocably authorizes the Seller by its servants or agents to enter any premises or vehicle owned or leased or otherwise occupied by the Customer, or by any of the Customer’s agents or associates for the purposes of taking possession of the goods if the Seller has reasonable grounds to expect that the seller may find any part of the goods there and the Customer authorizes the Seller by its servants or agents to use reasonable force to obtain such possession.
That applies even if the Seller holds some negotiated instrument or security before the amount unpaid. If the Customer resells any of the goods before becoming the owner, the Customer is acting as the Seller’s selling agent although only to the absolute minimum extent necessary to protect the Sellers ownership. Until title in goods has passes to the Customer, the Customer must (a) hold all such Goods as bailee of the Seller (b) store the goods so as to show clearly that they are the property of the Seller and keep the goods fully insured at the Customer expense and hold the proceeds of any insurance clam in respect of the goods (to the fullest extent of the Customers debts to the Seller) in trust for the Seller; and (c) in the event that any goods are sold by the customer (even if mixed with other goods) act as the agent of the of the Seller and hold the proceeds of the sale on the Sellers behalf and pay them to the Seller on request
Delivery time
Delivery times are estimates only and the Seller is not liable for minor delays in delivery.
Shortages
All items listed on the Seller’s invoice will be deemed to have been received in good order and condition, without shortage, unless the Seller is notified in writing to the contrary within 7 days of the delivery date. When the Customer signs any delivery or consignment note or similar document on receipt of delivery, that is conclusive evidence that the customer received the delivery without any shortage or damage that would have been visible on taking delivery without unpacking the goods. The customer carries all the risk of goods in transit where the Customer arranges for carriage.
Returns
Returns must be first authorised by the Seller and Goods Returned Authority (GRA) No. obtained. Returns for credit can only be made within seven days of purchase. To obtain a Goods Return No. the date of purchase and original Invoice No. must be quoted. Goods are to be returned freight prepaid and are to include the Goods Return No. and a copy of the original invoice. Returns are subject to a 20% restocking fee and will only be accepted if the goods and packaging are received in an unused and original condition. Return of incorrectly supplied goods at the Seller’s expense will be by the carrier of the Seller’s choice. The Seller will not accept freight charges for goods returned by other means. Product specially purchased, manufactured, machined or cut to size to the Customer’s specifications are not returnable.
Insurance
It is the Customer’s Responsibility to effect whatever insurance cover he requires at his own expense.
Outstanding Interference
The Supplier shall not be liable to the Customer for any defects, loss, damage or delay whatsoever caused by strikes, lockout, damage to or breakdown of plant, Government interference, earthquake, civil commotion, Force Majeure or any cause beyond the control of the Supplier
Sellers Warranty.
The Seller must repair or at our option, make a replacement available to the customer for any new item supplied by the Customer. If there is any material manufacturing defect in materials or workmanship. The Seller will only recognize a claim under this warranty if the customer gives due notice to the Seller in writing within 12 month after supply by the Seller of that Item. The notice must state the warranty under which the Customer is claiming and what has happened that put the seller at breach of the warrant. The Customer must bear the cost of making the claim. The Customers right under this are limited to repair or the provision of replacement and that is the Customer sole remedy. Any cost incurred by the Customer in substituting the defective product (including investigation and location of the defective product and cost of any kind incurred in carrying out the substitution), are to be worn by the Customer. Also the Sellers obligations are subject to the Sellers other trading conditions including conditions (Exclusion of implied conditions & Trade Practices Act etc. limits.)
Variation by Customer
Should there be any variation in details, size and quantity, delivery instruction or any other item or mater on which the quotation or invoice is based, Seller reserves the right to revise and amend the contract price accordingly.
Clerical Errors
Clerical errors in computation, typing or otherwise of price list, catalogue, quotation, acceptance, offer, invoice, delivery docket, credit note or specification of Seller shall be subject to correction. The Seller may complete any blanks on any relevant document on the Customer’s behalf.
Modifications
All modifications and amendments to these Terms Conditions shall be in writing and if otherwise shall not be binding upon the Seller. If any of the provisions of the contract are unlawful or invalid by reason of any applicable statute or rule of law, then such provision shall be severed from the rest of the Contract which shall remain valid and binding on the parties.
Government Laws
The Law governing these Terms and Conditions shall be the law of NSW and the Customer submits to the non-exclusive jurisdiction of Courts operating in NSW.
Unexpected Delays
This clause applies if something happens which is beyond the Sellers reasonable control that makes it imposable, more difficult or more expensive for the Seller to perform its obligations in its usual way. In those cases the Seller may wait until it is possible for it to perform its obligations in the Sellers usual way without additional difficulty or expense and the Seller is not liable for any delay which results. Without limiting those general words, that apply where the seller has problems due to accidents, strikes, transport difficulties, default or delay by any supplier to the Seller or stock shortages.
No Other Representations
The seller relies on the following warranties from the Customer as essential conditions. The Customer has not replied on any representation made or implied by the Seller or arising out of or implied by its conduct, nor upon any description, illustration or specification contained in any other document produced by the seller, including any catalogue or publicity material, made in writing for the purposes of this transaction and signed by one of the Sellers directors. To the extent that the Seller may have or implied, or by conduct given rise to or implied, any representation that is not expressly stated in these conditions, the Customer is not proceeding in reliance on the representation because the Customer has had and taken the opportunity to independently check and form its own view about the significance, and the accuracy or otherwise, of the representation. Without limitation, the Customer acknowledges that it is not relying on being able to make any claim against the seller, for any representation made or conduct occurring before, under or in connection with any order, beyond the claims that can be made, and the limits applying, as provided in these trading conditions.
Manufacture
The Seller will use its reasonable endeavours to obtain for the Customer the benefit of any warranty from the manufacture of any goods that the Seller supplies to the Customer. This provision does not require the Seller to commence legal proceedings or incur legal costs.
Exclusion
All conditions, terms and warranties that are or might otherwise be implied by law, practice, trade usage or international convention, are excluded to the fullest extent permitted by law.
Trade Practices Act etc. limits.
Provisions of the Trade Practices Act and other statutes in some cases either cannot be excluded, restricted or modified; or can only be restricted or modified to limited extent. If any provisions of those types do apply, then to the extent permitted by law our liability under those provisions is limited as follows. The Sellers liability is limited at its option-in the case of goods, to replacement of the goods or the supply of equivalent goods; or repair of the goods; or payment of the cost of replacing the goods or of acquiring equivalent goods; or payment of the cost of having the goods repaired; and in the case of services, to supplying the services again or the payment of the cost of having the service supplied again.
Other damages Clams Excluded
Except as stated above, the Seller is not liable for, and the Customer does not reply on being able to claim against the Seller for, any loss or damage or Consequential Damage under or in relation to any agreement for the Seller to supply goods, services. Firmware or software or anything done or omitted in that regard or for that purpose, or in relation to any representation or conduct before, under or in respect of any order, and whether or not the possibility or potential extend of the loss or damage or Consequential Damage was known or foreseeable whether in contract or for any other tort or for breach of statutory, fiduciary or other duty (if any) and whether or not the act or conduct was authorised or required.
Consequential Damage in these trading conditions includes loss of use, lost production, lost income or profit, loss of opportunity, lost saving, Increased or wasted expenses, delay or lost time, loss of or damage to goodwill, increased operating cost, wasted or increased financing cost, damage to data or records, loss of unavailability of or damage to tangible or intangible property, claims made against the Customer by other, losses or cost or expenses associated with identification, investigation, assessment, repair, replacement or servicing and other economic loss or damage and other special, indirect or consequential or damage.
Privacy and Security
Rigger Imports Safety Pty Ltd understands that you value your privatise or rule of law, then such provisions and wish to have your personal information kept secure. Our Privacy Policy describes generally how we manage your personal information and safeguard your privacy. If you would like more information, please don’t hesitate to contact us by email to sales@riggerimports.com.au, or phone 02 96755250.
Collecting Personal Information About You
At Rigger Import Safety we only collect personal information that is necessary for us to conduct our business as an online provider of goods.
The personal information we collect will include information you give us when you place an order for the purchase of a good we supply. We may also collect personal information about individuals who are not customers of our business, but whose personal information is given to us by those individuals or other people in the course of a transaction. This personal information will include your name, address and contact details, and may include other personal information about individuals we collect in the course of a transaction.
We may also collect some information from you when you use our website. Your use of the information and services available through our website will determine the type of information that we collect about you.
The only personal information that we collect about you when you use our website is what you tell us about yourself, for example, when you complete an online form when placing an order, or information you provide to us when you send us an email. Please note, we will record your email address if you send us an email.
Using and Disclosing Your Personal Information
We respect your privacy. Any personal information that we collect about you will be used and disclosed by us so that we can provide you with the services that you have requested, or otherwise to enable us to carry out our business as suppliers of goods.
Please be assured we will not disclose information about you unless the disclosure is required or authorised by law, you have consented to our disclosing the information about you, or for another purpose (related to the primary purpose of collecting that information) that you would reasonably expect.
We may also use your personal information to provide you with information about other services offered by us. However, the only information that you must provide is your name and payment details (where applicable). If you would prefer not to receive promotional or other material from us, please let us know and we will respect your request.
Access to Your Personal Information
In most cases you may have access to personal information that we hold about you. We will handle requests for access to your personal information in accordance with the National Privacy Principles.
We encourage all requests for access to your personal information to be directed to our customer service department. We will deal with all requests for access to personal information as quickly as possible. Requests for a large amount of information, or information which is not currently in use may require further time before a response can be given. We may charge you a fee for access if a cost is incurred by us in order to retrieve your information, but in no case will we charge you a fee for your application for access.
In some cases, we may refuse to give you access to personal information we hold about you. This includes, but is not limited to, circumstances where giving you access would: be unlawful (e.g., where a record which contains personal information about you is subject to a claim for legal professional privilege by one of our clients); have an unreasonable impact on other people’s privacy; prejudice an investigation of unlawful activity.
We will also refuse access where the personal information relates to existing or anticipated legal proceedings and the information would not be accessible by the process of discovery in those proceedings. If we refuse to give you access we will provide you with reasons for our refusal.
Correcting Your Personal Information
If you request us to do so we will amend any personal information about you held by us which is inaccurate, incomplete or out of date. If we disagree with your view about the accuracy, completeness or currency of a record of your personal information held by us, and you ask us to associate with that record a statement that you have a contrary view; we will take reasonable steps to do so.
Securing and Storing Your Personal Information
We are committed to maintaining the confidentiality of the information that you provide us and we will take all reasonable precautions to protect your personal information from unauthorised use or alteration.
In our business, personal information may be stored both electronically (on our computer system) and in hard-copy form. Firewalls, anti-virus software and email filters, as well as passwords, protect all our electronic information. Likewise, we take all necessary measures to ensure the security of hard-copy information.
Disposal of Personal Information
Once your transaction is finalised, both the electronic and hard-copy information is securely archived. After a period of 7 years both the electronic and hard-copy information is destroyed.
For more information or to complain about a breach of your privacy
If you would like more information about the way we manage personal information which we hold about you, or are concerned that we may have breached your privacy, please contact us.
Changes to Our Privacy Policy
From time to time it may be necessary for us to revise our privacy policy. Any changes will be in accordance with the Privacy Act 1988 and the National Privacy Principles. We may notify you about changes to this privacy policy by posting an updated version on our website.
If you require any further information about the Privacy Act 1988 and the National Privacy Principles, you can visit the Federal Privacy Commissioner’s website.
Australian Sales Only
We only sell and ship Products within Australia. We will not make deliveries outside of Australia.
Placing Your Order
You may place an Order by filling in the Order Form on the Rigger Imports Safety PTY Ltd Web Site and clicking the “Place Order” button.
When you place your Order, we will issue you with an Order Number. We will do this by email.
By placing an Order, you make an offer to us to purchase the Products you have selected. Rigger Imports Safety will make every effort to supply Products to you. We will notify you that your order is being processed by sending you an Order Confirmation and confirm the total cost via email; however, we do not formally accept your offer until your order has validated your payment. Rigger Imports reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we cannot process or accept your Order after payment is received we will contact you by email or telephone.
Payment Methods and Processing
Rigger Imports currently accepts Pay Pal and EFT payments only.
Payment processing will not begin until we receive all the information we need.
Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day.
Business days are Monday through Friday, excluding Public holidays.
We will email your Order Confirmation with total cost of purchase. A tax invoice will be sent Please Note:
You may be required to provide further identification for additional security reference checks.
GST
Rigger Imports Safety purchases exclude GST unless otherwise stated on a Product listing GST will be added to the final total.
Prices
Rigger Import Safety reserves the right to change prices for Products displayed at Rigger Imports Safety at any time.
Recommended Retail Prices
Customers are encouraged to compare prices via comparative price shopping engines online and through various other means in order to find the best deal.
Rigger Imports Safety is committed to providing the very best prices and unbeatable value to its customers. We welcome feedback and notice of price rollbacks in the market.
Clearance Item
Rigger Imports Safety will indicate on the site the amount of products available. You will only be able to purchase the amount available. Your order will only permit the amount available at the time. If the item is no longer available, it will automatically remove itself from the website.
Some Products – Manufacturer Only Warranty
Some Products sold through Rigger Imports are serviced and supported exclusively by their manufacturer in accordance the warranty information provided on the listing.
For items advertised and sold with manufacturer’s warranty, we would ask you to contact the manufacturer or supplier in the first instance for replacement or repair under the warranty terms. If the manufacturer is unable to comply, Rigger Imports Safety will replace the item or issue a refund of your purchase price for that item.
Your Data – Use And Protection
By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing your Order. If you so indicate on the appropriate section of your Order Form, by placing your Order you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other Rigger Imports Safety products that may be of interest to you. If you do not agree to our using such data in order to provide you with information on other Rigger Imports Safety products, you should email us to take you off the product information list. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Statement.