ErgoEquip PTY LIMITED:

STANDARD TERMS AND CONDITIONS OF SALE

Interpretation
1. In these conditions:
  1. “Customer, you” shall mean a person who purchases the Goods;
  2. “ErgoEquip, we, us, our” shall mean ErgoEquip Pty Ltd (ACN 154 795 570) and its related body corporate;
  3. “Goods” shall mean goods agreed to be supplied or supplied by ErgoEquip to the Customer;
  4. “GST” has the meaning given to that term in the GST Act;
  5. “GST Act” means A New Tax System (Goods and Services Tax) Act 1999 (Cth) and its associated regulations, as amended;
  6. “person” shall be deemed to include a corporation, words importing the singular or plural number shall be deemed to include the plural or singular number respectively and words importing the masculine gender only shall include the feminine or neuter gender as the case may require;
  7. “Terms” means these Standard Terms and Condition of Sale.
Prices
1. The price for Goods shall be as set out on ErgoEquip’s website as at the date of order. All prices include GST, but exclude delivery (which will be notified separately). ErgoEquip reserves the right to change the price of the Goods listed on the website.
Ordering Goods
1. ORDERS
  1. By representing our Goods online for sale, ErgoEquip is inviting you to make an offer to us to purchase those Goods on the Terms set out herein.
  2. To offer to purchase Goods online, you must:
    1. place an order for the Goods using the process set out on the website.
    2. confirm the order details;
    3. make payment in full on the website at the time of placing the order; and
    4. accept our pricing and terms.
    5. Alternatively, you can set up an Account by telephoning us on 1300 696 696.
  3. Once you have placed your order, you cannot cancel or revoke your order, unless expressly provided for in these Terms, or if one of the exceptions under the Electronic Transactions Act
  4. You acknowledge and agree that:
    1. the electronic transmission of information is sometimes unreliable and it is possible that your offer or payment may not be received by ErgoEquip for reasons beyond either parties’ reasonable control;
    2. to the extent permitted by law, ErgoEquip is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with your use of the website the transmission of an electronic communication through the website, or any failure to receive an electronic instruction for whatever reason; and
    3. we are under no obligation to investigate the authenticity or authority of persons placing an order, or to verify the accuracy and completeness of such electronic instructions.
  5. You will receive an email from ErgoEquip as soon as practicable after you have made payment. If you have any questions regarding your order you may contact ErgoEquip. The contact details for ErgoEquip will be displayed on your order confirmation, or they can be found on our website.
  6. We may, in our sole and absolute discretion, accept or reject any offer to purchase made by you for any reason, including but not limited to an error in the advertised price for, or description of, the Goods on the website, or an error in your order.
  7. While we endeavour to accept and fulfil all orders, there may be occasions where we may not be in a position to accept your order. If that occurs, we will notify you by telephone or email and arrange for a full refund of any payment made by you in relation to that order to be processed.
2. ONLINE Price
  1. Prices shown on our website are in Australian dollars and will include GST unless otherwise noted. Prices will not include delivery which will be notified as a separate amount. Prices are subject to change.
  2. Unless otherwise stated, any accessories shown in any image of Goods are not included in the price. Any images used on the website are there for illustration purposes only.
  3. We reserve the right to correct any errors published on the website.
3. ONLINE Payment
  1. To pay for an order, you will need to provide ErgoEquip with the information necessary to process an order from you, including your shipping address and the billing information requested on the website to pay for such order.
  2. If any other third party supplier is utilised by ErgoEquip to process payments, use of the website will be subject to any terms and conditions of that provider.
  3. ErgoEquip accepts credit card payments from Australian banks. Note that a surcharge of 2% for purchases made using Mastercard and Visa, and 3% for payments made by American Express credit cards.
4. ONLINE PAYMENT and credit card fraud
  1. To the extent permitted by law, ErgoEquip will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card account is fraudulently used or is used in an unauthorised manner.
5. Disclaimer and Indemnity
  1. To the extent permitted by law, ErgoEquip excludes all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
    1. errors, mistakes or inaccuracies on the website;
    2. any interruption or cessation of transmission to or from the website;
    3. you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
    4. any unauthorised access to or use of the website’s secure servers; and/or
    5. any malware, viruses, Trojan horses, worms or other harmful or malicious code or communications which may be transmitted to or through the website, save to the extent that ErgoEquip’s gross negligence has directly caused or contributed to that liability.
  2. Except as expressly provided in these Terms, and to the fullest extent allowed by the law, ErgoEquip, its related bodies corporate and their respective directors, employees, contractors, agents and other third parties will not be liable for any indirect, special, incidental or consequential damages arising out of your access to or use of the website including, but not limited to, any loss of profit, loss of opportunity, loss of income, loss of business, any loss of goodwill or reputation; increase in expenses; and pure economic loss.
  3. You will at all times indemnify, and keep indemnified, ErgoEquip and each of its related bodies corporate, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with, or in respect of, your conduct or breach of these Terms.
  4. This clause is subject to the Non-excludable Rights set-out in clause 13.3.
6. REFUNDS AND EXCHANGE POLICY
  1. To the extent permitted by law, ErgoEquip will accept refunds or exchanges on any stocked item up to a maximum of 5 items on any one order if the Goods are returned within 7 days of receipt.
  2. The returns and exchange policy in relation to special orders are referred to in clause 7 of these Terms.
  3. To the extent permitted by law, any Goods that require assembly are not available for refund or exchange once assembled.
  4. Nothing in this clause negates your rights under the Consumer Law to return defective goods.
Online Communications By using our website you consent to receive communications from us in an electronic form; and agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.
Third Party Content and Websites
1. Content from third parties websites, and links to third party websites may be made available to you through the our website. We do not control such content. You agree that we are not responsible for any such content. We do not make any warranties, representations, endorsements or guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other users, advertisers, and other third parties or violation of any third party rights related to such content. Our inclusion of links to such websites does not imply any endorsement of the materials on such third party websites or any association with their operators.
General Rules of Use
1. The Customer agrees not to use, reproduce, duplicate, copy, sell, resell or exploit the Goods or any portion of the website, for any purposes other than for which the Goods or website are being provided to you. The Customer will not, and must ensure than any authorised users will not:
  1. do anything illegal;
  2. attempt to reverse engineer or otherwise attempt to derive the source code of the software;
  3. attempt to gain access to secured portions of the website or services to which you do not possess access rights;
  4. upload or transmit any form of malicious code;
  5. use any high volume automatic, electronic or manual process to access, search or harvest information from the website or services (including without limitation robots, spiders or scripts);
  6. interfere in any way with the proper functioning of the website;
  7. use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the website or the Content contained on any such web page for commercial use without our prior express written permission; or
  8. impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.
Special/Custom Orders
1. Goods manufactured that include specifications that are customised for the Customer are not returnable to ErgoEquip under any circumstances (unless those Goods are defective) and may be subject to additional terms and conditions agreement between us and you at the time of order. The Customer agrees to indemnify and to keep indemnified ErgoEquip from and against all costs, losses and damages claimed in relation to any design defect in such Goods and any third party claim that the Goods as manufactured infringe any patent, registered design, copyright, trademark or common law intellectual property right of any person.
Promotional offers.
1. We may run promotional offers from time to time on the website. The terms of any such promotion will be posted on the website. You acknowledge that you have read and understood the applicable terms for information related to any such promotion. Each promotional terms are incorporated by this reference into, and made a part of, these Terms. Unless otherwise indicated, we may modify, in our sole discretion, the terms of such promotional offers and end such offer at any point.
Representations
1. All information contained within our sales documentation, and representations made by our staff, or on our website are for general guidance purposes only. The Customer is relying on its own skill and judgement in relation to the purchase of the Goods.
Ownership
1. Ownership of the Goods supplied passes to the Customer on delivery
Delivery, Risk and Receipt of the Goods
1. Delivery of the Goods to the Customer at that address nominated by the Customer shall constitute both delivery to and receipt of the Goods by the Customer. ErgoEquip may deliver Goods in instalments.
2. Goods will be dispatched to the address specified in the order once the payment becomes clear funds in our account.
3. ErgoEquip is unable to deliver Goods to PO Boxes and delivery will not occur on weekends or public holidays.
4. Risk in the Goods passes to the Customer on delivery.
5. The Customer must comply with all safety, care, cleaning, disposal and manufacturing directions or requirements issued by ErgoEquip in relation to the Goods.
6. Subject to the Electronic Transactions Act and our Returns Policy published on our website ErgoEquip will not accept return for Goods ordered in error, or any Goods that have been damaged in any other way or where the Customer has not complied with all safety, care, disposal and manufacturing directions or requirements.
7. Depending on your location and the availability of the Goods, the delivery may take up to 5 days or longer.
8. If the Goods purchased includes chairs, the delivery times will vary depending on the supplier and their stock levels.
9. For further information regarding delivery times, please contact enquiries@ErgoEquip.com.au.
Privacy
1. Personal information received from the Customer/s and any individual will be treated in accordance with ErgoEquip’s Privacy Policy and the Privacy Act 1988.
Statutory Warranty and Limitation of Liability
1. Subject to clause (b) below, ErgoEquip makes no guarantee, condition or warranty as to materials, workmanship or performance of the Goods.
2. Any warranties that may arise by implication, either by statute, common law or in any other way, are expressly excluded to the extent that such exclusion is not prohibited by law.
3. You may have rights under the Australian Consumer Law or other rights in relation to the supply of good and services that cannot lawfully be excluded (Non-excludable Rights). Subject to the Non-excludable Rights, and notwithstanding any other provision of these terms, ErgoEquip’s liability to the Customer, whether arising under or in connection with these terms or the performance or non-performance thereof or anything incidental thereto, and whether by way of indemnity, by statute (to the extent that it is possible to exclude such liability), in tort (for negligence or otherwise), or on any other basis in law or equity is limited to an amount equal to the lesser of (as determined by ErgoEquip);
  1. the cost of having the Goods repaired; or
  2. the cost of replacing the Goods; or
  3. the cost of obtaining and supplying equivalent goods.
4. Subject to the Non-excludable Rights, ErgoEquip shall not be liable for special, indirect or consequential loss or damage whatsoever in connection with the supply and use of the Goods, including but not limited to any loss of revenue or profits which would otherwise be derived from the use of the Goods.
Intellectual Property
1. The names, logos, and other materials displayed on the Goods or the website constitute trademarks, trade names, service marks, logos, graphics, designs or other commercial symbols (“ErgoEquip Marks”) of ErgoEquip or its related bodies corporate. You are not authorized to use any such Marks. Ownership of all such ErgoEquip Marks and the goodwill associated therewith remains with us or our related bodies corporate. These terms do not give the Customer any intellectual property rights in the ErgoEquip Marks.
2. The Customer warrants that the use by ErgoEquip of any intellectual property rights, designs, specifications, logo’s or other materials or information of any nature provided to ErgoEquip by the Customer shall not infringe any third party’s intellectual property rights. If any claim is brought or threatened against ErgoEquip in respect of such an infringement ErgoEquip, shall be entitled to suspend further work for the Customer, and the Customer shall indemnify ErgoEquip against all actions, claims, costs, demands, expenses and liabilities of whatsoever nature suffered or incurred by the ErgoEquip as a result of any such claim or threatened claim brought against
Force Majeure
1. No failure or omission to carry out or observe any of its obligations under these Terms shall give rise to any claim against ErgoEquip or result in a breach of these Terms if such failure or omission arises by reason of delay or inability to obtain materials, fire, storm or other action of the elements, accidents, pandemics, epidemics, government restrictions or from other causes whether like or unlike the foregoing which are unavoidable or otherwise beyond the control of ErgoEquip.
International Use
1. The website is controlled and offered by ErgoEquip from Australia. ErgoEquip makes no representations that the website is available for use in other locations or that the Goods will be available to users in other countries. Those who access or use the website or the services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Waiver
1. Failure by ErgoEquip to insist upon the performance of any one or more of the conditions hereof shall not be deemed to be a waiver of any rights and remedies that ErgoEquip may have and shall not be deemed a waiver of any subsequent breach or default. No provision of these Terms shall be deemed to have been waived by ErgoEquip unless such waiver shall be in writing and signed by an officer of ErgoEquip giving notice in that behalf.
Terms and Variation
1. These Terms and any other terms and conditions for supply of the Goods to which ErgoEquip has consented to in writing are the sole terms and conditions governing the sale and supply of the Goods by ErgoEquip to the Customer.
2. These Terms may be varied from time to time by us. The Terms published on our website at the time of an order will be the Terms applicable to that order.
Disputes
1. If any dispute arises in relation to these Terms and/or Goods supplied by ErgoEquip to the Customer, ErgoEquip may by notice in writing to the Customer at any time prior to determination by a court require that such dispute or part thereof be determined by arbitration according to law. The arbitration is to be conducted in accordance with the relevant commercial arbitration legislation (of whatever name) of New South Wales and must take place in Sydney, New South Wales. ErgoEquip may give notice that any dispute with the Customer is arbitrated with any other dispute relating to the same Goods or issues. There is to be a single arbitrator appointed by agreement or failing agreement by the president of the law society of New South Wales. The arbitrator’s decision is final and binding subject to any right of appeal under the relevant commercial arbitration legislation.
2. The reference of a dispute to arbitration does not affect the Customer’s obligation to pay the price for the Goods when due which must be paid without deduction or equitable or other set off pending the resolution of any dispute whether referred to arbitration or otherwise.
Severability
1. If any of these terms are or later become illegal or unenforceable, the illegal or unenforceable part of those terms are taken to be severed from these terms, but all other terms remain in place.
Governing Law
1. These terms will be governed by and construed in accordance with the laws of New South Wales and the Customer irrevocably submits to the exclusive jurisdiction of a competent court in that jurisdiction.

STANDARD TERMS AND CONDITIONS OF SALE

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