SITECRAFT – TERMS AND CONDITIONS

1         Acceptance

(a)     Our website (Site) is operated by Sitecraft Trust No 1 & Sitecraft Trust No 2 & Sitecraft Trust No 3 trading as Sitecraft (ABN 36 423 328 526) (we, our or us). It is available at: https://www.sitecraft.net.au and may be available through other addresses or channels.

(b)     If you access and/or use the Site you:

(1)            warrant to us that you have reviewed these terms and conditions including our Website Terms of Use (available on the Site) and our Privacy Policy (available on the Site) (Terms), with your parent or legal guardian (if you are under 18 years of age), and you understand them;

(2)            warrant to us that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years of age) you have your parent’s or legal guardian’s permission to access and use the Site and they have agreed to the Terms on your behalf; and

(3)            agree to use the Site in accordance with the Terms.

Please read the Terms carefully and immediately cease using the Site if you do not agree to them.

(c)      If you request for us to provide the products and/or services to you as described on our Site and/or any quote issued by us to you for the products and/or services (Quote), you accept these Terms by:

(1)            making an order for the products and/or services on our Site;

(2)            confirming (whether in writing (including by email) or orally) any Quote provided by us to you (including by providing a purchase order);

(3)            instructing us (whether in writing (including by email) or orally) to proceed with the provision of the products and/or services;

(4)            paying, in part or in full, the purchase price for the product and/or services.

2         Registration

(a)     You may create an account on our Site in order to purchase products and/or services from us. You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.

(b)     When you create an account, we will give you certain account details (such as a username and password). It is your responsibility to keep your account details confidential. You are liable for all activity on your account, including purchases made using your account details.

3         Collection Notice

(a)     We collect personal information about you in order to enable you to access and use the Site, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

(b)     We may disclose that information to third party service providers who help us deliver our products or services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information we may not be able to provide our products or services to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.

(c)      Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and

(iv) our complaint handling process.

(d)     By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

4         Orders

(a)     You may order products or services from us as set out on the Site.

(b)     You may also order the products or services by contacting us directly (including by email or telephone). If we have the capability to provide the products or services, we will provide you with a Quote for the products or services.

(c)      You acknowledge and agree the following:

(1)            Any order placed through the Site or otherwise is an offer by you to purchase a particular product or service (or products or services) for the specification set out on the Site or otherwise in our Quote. We may, at our absolute discretion, accept or reject an order. We will endeavour to notify you of a rejection at the time of the order or within a reasonable time thereafter.

(2)            The provision of a Quote by us to you, is an offer by us to you to purchase the product or services for the price and specifications set out in the Quote. You may accept the Quote as set out in clauses 1(c)(2), 1(c)(3) or 1(c)(4) within 30 days from the date of the Quote.

(3)            Each order that we accept, or Quote that you accept, results in a separate binding agreement between you and us for the supply of products or services in accordance with these Terms.

(4)            It is your responsibility to check the details set out in the order or Quote, including the selected products or services, their pricing and specifications (including weight and measurements), before you submit your order or accept the Quote.

(5)            Unless otherwise agreed between the parties, we will have no obligation to supply the products or services until you have paid the relevant price in full.

(6)            You must provide all assistance (including information or documentation) which we request, to enable us to comply with the obligations under these Terms.

(7)            We may provide the products or services through our employees, subcontractors or agents.

(8)            We will be entitled to rely on the accuracy of any plans, specifications and other information (including measurements and quantities of products required to complete any services) provided by you. In the event that any information provided by you is inaccurate, incomplete or out of date, to the maximum extent permitted by law, we accept no responsibility of any loss, damages, costs or liability resulting from those plans, specifications or other information.

5         Availability and cancellation

(a)     All purchases are subject to availability. We do our best to keep products or services in stock and to keep the Site up to date with the availability of products or services.

(b)     If there is a considerable delay in dispatching your order, or if for any reason, we cannot supply the products or services, we will contact you using the details you provided when you placed your order. If we cannot supply the products or services, any costs you have paid for the products or services will be refunded to you.

6         Price and Payments

(a)     You must pay us the purchase price of each product or service you order in accordance with the payment terms and payment methods set out on the Site or our invoice (the Price). All amounts are stated in Australian dollars and unless otherwise stated are not inclusive of GST. We will display  freight costs separately from the product price.

(b)     Unless otherwise agreed by us in writing, you must pay the Price upfront as a condition precedent to our supply of the products or services to you. Only once the Price has been paid in full will we supply the products or services to you. If you choose to start a customer account with us, we may, in our absolute discretion, allow you to pay for the product and/or services on a 30-day invoice basis.

(c)      You must not pay, or attempt to pay, the Price by fraudulent or unlawful means.

(d)     If any payment has not been made as set out on the Site or in our invoice, we may (at our absolute discretion) immediately cease supplying the products and/or services and/or charge you interest on the outstanding payment at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 8% per annum, calculated daily and compounding monthly.

7         Promotional Discount Codes

We may from time to time issue promotional discount codes for certain products or services on the Site. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site or otherwise. The conditions of use relating to promotional discount codes will be specified on the Site at the time they are issued, and may be amended by us at our discretion, from time to time.

8         Delivery, title and risk

(a)     You may choose to pick-up the product (either yourself or through an external freight business) or have the product delivered to a delivery address nominated by you at the time of providing your order (provided it is within Australia).

(b)     If the product is being picked-up from a location nominated by us (Pick-up Location), you acknowledge and agree that:

(1)            We will contact you when the product arrives in the Pick-up Location using the contact details you provided when placing your order. You must arrive at the Pick-up Location on the time, and on the date, nominated or notified by us (whether orally or in writing).

(2)            All collections must be signed for either by yourself or your authorised representative. If for any reason you or your authorised representative are unable to collect the product on the nominated collection date, you must contact us to arrange another collection time. If you do not collect the products on the agreed collection date

and you have not collected them within 14 days of being notified by us that the product has arrived in the Pick- up Location, we may charge a daily storage fee at our absolute discretion.

(3)            You must comply with all of our requirements, protocols, policies, procedures and directions in relation to your collection of the product at the Pick-up Location or as otherwise advised to you by us.

(c)      If the product is being delivered by us to the delivery address nominated by you at the time of placing your order, we will deliver the products to the delivery address. You acknowledge and agree that:

(1)            We deliver Australia wide. We do not deliver to PO box addresses. The applicable delivery costs will be set out on the Site or on our Quote.

(2)            Specific products may be advertised as “Free Delivery”. This offer is only for delivery within Australia and only for those that are designated “Free delivery”

(3)            Any delivery periods displayed on the Site or Quote are estimates only.

(4)            If you or an authorised representative are not available at the delivery address, you authorise us to leave the product at the delivery address or pay any additional costs incurred or suffered by us (including, but not limited to, any re-delivery costs).

(5)            If applicable, you must provide us with unfettered access to the delivery address, free from harm or risk to health or safety at the times and on the dates requested by us or to enable us to comply with these Terms. You must ensure that you, or any third party, do not cause or contribute to any:

(A)            injury or death to us or our employees, contractors or agents; or

(B)            loss of, or damage to, any of our (or our employees’, contractors’ or agents) property.

(6)            If you do not comply with your obligation under 8(c)(4) and this causes or contributes to additional costs, then:

(A)            you must pay us the additional costs as a debt due and immediately payable to us (including, but not limited to, the costs of our employees, contractors or agents); and

(B)            despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with the breach of clause 8(c)(4).

(d)     Title to the products will remain with us until you have paid us the Price in full in accordance with these Terms. Until title passes:

(1)            you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products;

(2)            you hold the products solely as a bare baillee for the purposes of these Terms and at no time will legal ownership of the products transfer to you;

(3)            you must return the products on our request, and grant us all rights of access to any premises where the products are stored to enable us to retrieve these products, immediately on request by us;

(4)            we may commence proceedings to recover the Price of the products notwithstanding that title of the products has not passed to you; and

(5)            you will hold the benefit of any insurance on trust for us and must pay us the proceeds of any insurance in the event of the products being lost, damaged or destroyed.

(e)     If you request to pick-up the products from the Pick-up Location, risk in the products will pass to you immediately upon commencement of the collection of the products at the Pick-up Location. If you have requested us to deliver the product to the delivery address, risk in the products will pass to you as soon as the product is dispatched for delivery to the nominated delivery address from our premises. Once risk in the products passes, you will be solely responsible for them.

9         Contractual Lien and Security Interest

(a)     If the Price or any amounts due under these Terms (including by way of indemnity) are unpaid by the time specified in these Terms, or otherwise in accordance with any relevant credit terms entered into by the parties, we reserve our rights to recover our costs or expenses or to enter any place where the products are held for the purposes of recovering and repossessing the products.

(b)     You acknowledge and agree that we hold a general lien over any products held in your possession under these Terms, for the satisfactory performance of your obligations under these Terms.

(c)      You acknowledge and agree that these Terms and your obligations under these Terms create a registrable security interest in favour of us, and you consent to a security interest (and any other registrable interest created in connection with these Terms) being registered on any relevant securities register (and the you must do all things to enable the us to do so).

(d)     If you have left any product with us for services (including, but not limited to, repair, modifications or exchange) and we have not received or been tendered the whole or any of the Price, we will have:

(1)            a lien on the product; and

(2)            the right to retain or sell the product, such sale to be undertake in accordance with any legislation applicable to the sale or disposal of uncollected goods.

Our lien will continue despite the commencement of proceedings, or judgment for any monies owing to us having been obtained against you.

(e)     This clause 9 will survive the termination or expiry of these Terms.

10      Defects

(a)     If, within 48 hours after the delivery, collection or completion of the products or services (as applicable), you notify us in writing of any fault, defect or error in the products or services, which is caused by a breach of these Terms by us (Defect), along with a photo and description of the relevant Defect, we will, at our own cost:

(1)            repair or remedy the Defect; or

(2)            if we are unable to repair or remedy the Defect, offer you a choice of a credit or a refund with respect to that part of the Price applicable to the Defect.

(b)     If requested by us, you must make available or return to us the products or services the subject of a notice under clause 10(a), together with all packaging, parts, accessories, documentation and proof of purchase which were handed over by us with the products or services. You must adequately package any products you are returning to us to ensure they are not damaged during return delivery to us or otherwise notified by us to you. We will cover the costs of you returning the products to us.

(c)      Despite anything to the contrary, to the maximum extent permitted by law, our aggregate liability for any fault, defect, error, omission or lack of functionality or suitability with respect to the products or services will be limited to, and must not exceed, the costs we incur in complying with clause 10(a)(1) or 10(a)(2) (as applicable).

11      Returns

(a)     We offer exchanges (subject to stock availability) or refunds of products for change of mind where we determine (at our absolute discretion):

(1)            you have provided the proof of purchase and you purchased the products within 14 days prior to the request for an exchange or refund;

(2)            the products are in their original condition and have not been used, worn, damaged, tampered with, washed, altered, connected, installed or attempted to be connected or installed;

(3)            the products are in their original undamaged packaging with all product tags still intact;

(4)            the products are not sale items, custom-made, special buy products or gift vouchers; and

(5)            a return and exchanges form has been completed and a return authorisation number issued to you.

(b)     We will not cover the costs of delivery or re-delivery for a change of mind return and you must cover these yourself.

(c)      You must pay us a 17% restocking fee in accordance with the payment terms set out in these Terms for each product returned to us under this clause 11.

12      Limitations

(a)     Despite anything to the contrary, to the maximum extent permitted by law:

(1)            our maximum aggregate liability arising from or in connection with the Terms (including the products, services and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products and/or services the subject of the relevant claim; and

(2)            we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,

whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

(b)     Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:

(1)            loss of, or damage to, the products, or any injury or loss to any person;

(2)            failure or delay in providing the products or services; or

(3)            breach of the Terms or any law, where caused or contributed to by any:

(4)            event or circumstance beyond our reasonable control; or

(5)            act or omission of you or your related parties,

and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the products.

(c)      Nothing in the Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our products and services come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and 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 and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.

13      Intellectual property

(a)     All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms and the products and/or services) will at all times vest, or remain vested, in us.

(b)     You must not, without our prior written consent:

(1)            copy or use, in whole or in part, any of our intellectual property;

(2)            reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or

(3)            breach any intellectual property rights connected with the Site, the products or the services, including (without limitation) altering or modifying any of our intellectual property; causing any of any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.

14      Termination

(a)     You may stop using the Site at any time for any reason.

(b)     We may stop making the Site (or any part of it) available without prior notice. If we do this, any order that we have accepted will not be affected, subject to the Terms.

(c)      The Terms will terminate immediately upon written notice by:

(1)            either party, if mutually agreed in writing between the parties;

(2)            us, if you seek to cancel or withdraw your acceptance of the Quote or placement of an order, or otherwise do not accept the products or services which have been provided in accordance with the Terms;

(3)            us, if you are in breach of the Terms and that breach has not been remedied within five business days of being notified by us; or

(4)            you, if we are in breach of a material term of the Terms and that breach has not been remedied or overcome within 15 business days of being notified by you.

(d)     On termination for these Terms, you will:

(1)            where the Terms are terminated under clauses 14(c)(2) or 14(c)(3), pay the Price and all other amounts due and payable to under the Terms in full and all additional costs resulting from the termination of the Terms, to us, as a debt due and immediately payable; and

(2)            where the Terms are terminated under clauses 14(c)(1) or 14(c)(4), immediately pay the Price and all other amounts due and payable to us under the Terms.

(e)     Termination of these Terms will not affect any rights or liabilities which a Party has accrued under it.

15      General

(a)     Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).

(b)     Notices: Any notice given under these Terms must be in writing and addressed to us at the details set out below or to you at the details provided when setting up your account, submitting your order or contacting us. Any notice may be sent by standard post or email and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of email.

(c)      Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.

(d)     Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.

(e)     Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.

(f)      Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

(g)     Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.

(h)     Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us or Quote that has been accepted by you, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.

(i)       Governing law: These Terms are governed by the laws of Victoria. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with these laws in the place you access the Site.

For any questions and notices, please contact us at: Sitecraft
17 Macquarie Drive, Thomastown VIC 3074

Last update: August 2018

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