Terms & Conditions
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AB Industries Australia TERMS & CONDITIONS OF SALE:
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I /we the company Director(s)/Partner(s)/Proprietor/Individual acknowledge that should an account or sale be granted to the Company/Partnership/Business/Individual (the Debtor/Purchaser/Customer) then the following conditions apply:-
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1. The reference to the Purchaser in these terms and conditions means the Purchaser or Customer, his/her employees and any person appearing to have the authority of the Purchaser. AB Industries Australia Pty Ltd can also be referred to as the Supplier.
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2. The Purchaser agrees that the payments to AB Industries Australia Pty Ltd will be made according to the credit terms offered to them by AB Industries Australia Pty Ltd. COD (Cash on Delivery) Customers must ensure all purchasers be paid for in full before delivery of goods. Customers who have an approved Credit Account must make payment within 30 days from the end of the month of the invoice date and if at any time sums of money are overdue, the whole debt then becomes due and AB Industries Australia Pty Ltd shall be at liberty to sue for the recovery of the whole debt. The Purchaser will be liable for all costs incurred by AB Industries Australia Pty Ltd in recovering the debt. AB Industries Australia Pty Ltd may charge a fee for any payments made for purchases by credit cards. The fee will depend on the credit card used but will not exceed three percent (3%) plus GST.
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3. All amounts not paid by the Purchaser within their set credit terms shall bear interest at a rate being the equivalent to the amount allowed by the supreme court of South Australia in respect of judgement debts as at the date of such invoice.
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4. In the event of the Supplier’s written demand for payment remaining outstanding for a period of seven (7) days from the date of the demand, the Purchaser irrevocably authorises the Supplier or their representative to enter any premises where the goods, or any of them, are situated, or where the Supplier reasonably believes the goods, or any of them, are situated, and to take possession of and remove those goods without incurring any liability whatsoever.
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5. Where a Credit Account has been approved and offered to the Purchaser, the Purchaser agrees to abide by the current Terms & Conditions of Sale. The Purchaser must ensure that all payments are made within the credit account terms. Where a credit limit has been offered the Purchaser must keep all orders within the credit limit amount. If at any time the Purchaser is over the credit limit offered they must make payment to the Supplier for the amount which brings the Purchaser’s account back to its specified limit. If the Purchaser wishes to increase their specified credit limit, then a signed letter by all Director(s)/Partner(s)/Proprietor/Individual must be given to AB Industries Australia Pty Ltd requesting the credit limit increase with the new amount clearly advised. It is the discretion of AB Industries Australia Pty Ltd as to whether this credit account increase request is offered and approved. If it is not approved by AB Industries Australia Pty Ltd, then the original credit limit which has been set remains. If the Purchaser does not abide by AB Industries Australia Pty Ltd terms and conditions of the sale then AB Industries Australia Pty Ltd reserves the right to change the credit limit originally offered to the Purchaser or/as well as discontinue the Credit Account, which means the Purchaser must then be classed as a COD (cash on delivery) Customer.
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6. AB Industries Australia Pty Ltd offers a warranty on manufacturing & material faults on its AB Industries Australia Pty Ltd products for a period of one (1) year from the purchase date which appears on the sales tax invoice. AB Industries Australia Pty Ltd will not be liable to and will be indemnified by the Purchaser or any third party for any damage or claim which arises out of any defects whatsoever caused by goods delivered by AB Industries Australia Pty Ltd to the Purchaser. Subject to the clauses contained in the Competition and Consumer Act 2010 AB Industries Australia Pty Ltd liability in regards to manufacturing defects shall be limited in the case of goods, to any one of the following as AB Industries Australia Pty Ltd in its sole discretion may determine:
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(i) The replacement of the goods or the supply of equivalent goods; or
(ii) The repair of the goods; or
(iii) The payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) The payment for having the goods repaired
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AB Industries Australia Pty Ltd will not be liable for any additional costs associated with the faulty item(s) including but not restricted to the removal and the return of the faulty product as well as the re-installation of the replacement item(s). This will be the responsibility of the Purchaser.
The warranty does not apply to normal wear and tear, or any damage caused by incorrect or unauthorized installation, incorrect or unauthorized service or repair of the product, lack of care, abnormal use of the product, or damage caused by water, fire or any other natural disasters. Proof of purchase must be shown before applying for a warranty claim. AB Industries Australia Pty Ltd reserves the right to have warranty claims confirmed for fault or defect before a warranty claim can be approved.
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7. AB Industries Australia Pty Ltd will not be liable in any manner what so ever for delay in delivery or non-delivery which is attributed to transport delays, unavailability of materials, lockouts, shortages of vehicles or any other cause that may delay or cancel delivery. Quoted Delivery & Consignment dates are estimates only. A delivery (freight) & handling charge will be applied to all deliveries outside Victoria and South Australia. FIS $200 minimum order METRO Melbourne and Adelaide. FIS $400 Country Victoria and South Australia. All freight & delivery costs are subject to GST. Where the Purchaser requests AB Industries Australia Pty Ltd to use the Purchaser’s Courier account, then this implies that AB Industries Australia Pty Ltd has full authority to book and have the Purchaser’s orders dispatched for delivery using the Purchaser’s Courier and that all costs incurred by the Purchaser from the Courier will be paid by the Purchaser.
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8. If at the request of the Purchaser a delivery vehicle in the service of AB Industries Australia Pty Ltd enters a delivery site the Purchaser will indemnify AB Industries Australia Pty Ltd against all claims from any person which may arise from entry onto the delivery site.
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9. The prices quoted are subject to acceptance by the Customer for the Goods as set out in the quotation or other such documents given by AB Industries Australia Pty Ltd. The Customer accepts the quotation and/or the price quoted in this agreement and all the terms and conditions on the commencement of delivery by AB Industries Australia Pty Ltd. All Quotation remains valid for thirty days commencing from the date shown on the quotation. An acceptance received by AB Industries Australia Pty Ltd after a period of 30 days from the said date is subject to the right of AB Industries Australia Pty Ltd to alter the terms offered, including a revision of the price quotation.
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10. All prices are correct at the time of publication, & subject to change without notice. Prices do not include GST. This will be added to the invoice and the amount will be in accordance with the Tax Act.
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11. The ownership of all goods delivered or sold by AB Industries Australia Pty Ltd to the Purchaser remain the property of AB Industries Australia Pty Ltd until payment in full for all the goods delivered to the Purchaser has been received by AB Industries Australia Pty Ltd, but the risk in the goods shall pass to the Customer upon delivery to the Customer’s delivery site. It is the Customer’s responsibility to insure the goods.
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12. AB Industries Australia Pty Ltd reserves the right to accept or decline any order or part of an order. AB Industries Australia Pty Ltd requires all orders to be in writing, with a purchase order number quoted.
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13. Unless otherwise requested, any goods ordered which are not in stock will be placed on backorder. Backorders will be supplied at the original purchase price.
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14. In the event that the Purchaser chooses to return goods purchased from AB Industries Australia, no goods will be returned unless:-
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* Prior authorisation has been given by AB Industries Australia Pty Ltd
* The correct invoice number has been quoted on the Purchasers return form.
* Returns are made within 7 days after receipt of goods by the purchaser. At our discretion, if we accept the returns after this time a re-stocking fee of 20% may be charged.
* Reason for return is clearly stated on Purchaser’s return form.
* No credit will be given on faulty goods until the fault has been confirmed by AB Industries Australia Pty Ltd.
* If goods are being returned for any reason other than fault then all goods returned must be in their original packaging & shall not be soiled, damaged or obsolete as such goods will be rejected or credited at a reduced price.
* The cost of freight in returning goods will be the responsibility of the Purchaser.
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15. Where goods are returned in accordance with section number 14. Only a credit note is issued. No cash refund will be given. Credit Notes or Credit Adjustments are valid for a period of one (1) year after the issue date on the Adjustment note.
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16. AB Industries Australia Pty Ltd shall not be liable to the Customer for any false or misleading information given to the Customer, or any damage caused by the negligence of the company’s employees or agents.
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17. The Purchaser may only be classed as a Distributor & therefore be given Distributor pricing at the discretion of AB Industries Australia Pty Ltd. The Distributor must meet a specified sales amount (given by AB Industries Australia Pty Ltd and subject to change at any time) in order to continue on the Distributor pricing level. If this is not fulfilled by the Purchaser, then AB Industries Australia Pty Ltd may place the Purchaser on a different pricing structure.
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18. All goods purchased are covered by the Building and Construction Industry Security of Payment Act.
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19. All print media and electronic media including but not restricted to Illustrations, Photos, Packaging, brochures and websites are only representations of the products listed, variations may occur from store to store. All products were available at the time of printing or uploading. AB Industries Australia Pty Ltd will not be responsible for the lack of stock of its items. AB Industries Australia Pty Ltd reserves the right to limit purchases to normal retail quantities.
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20. These terms & conditions may be updated without notice. Copies of the terms & conditions will be available for viewing upon request. These terms & conditions herein override any other terms & conditions and/or contracts and/or specifications, unless otherwise approved & given in writing by AB Industries Australia Pty Ltd.
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AB Industries Australia TERMS & CONDITIONS OF ONLINE USE AND SALE:
Legal Notice, Policies, Terms and Conditions
These pages state the notices, policies, terms and conditions that govern your use of the AB Industries Australia Pty Ltd website. Please read them carefully. If you do not accept these notices, policies, terms and conditions - including the limitations of liability and exclusion of warranty, please do not use our website and services.
Any and all rights not expressly granted in these Notices, Policies, Terms and Conditions, (collectively, these "Terms") are reserved by AB Industries Australia Pty Ltd.
AB Industries Australia Pty Ltd reserves the right to change these Terms, at its sole discretion, at any time by updating these pages; therefore, you should visit these pages periodically to read these terms.
To report any problems regarding this Web Site, please contact the Webmaster at enquiries@abindustries.com.au
Intellectual Property Rights
AB Industries Australia Pty Ltd is the owner of all intellectual property rights (including copyrights) in this Web Site. Material, including text, graphics, images, logos, buttons, icons, software, etc. published by us on this Web Site may contain other proprietary notices or describe products, services, processes or technologies owned by us or third parties. Except as expressly set forth herein, nothing in these Terms or in this Web Site shall be construed as granting to you a license under any copyright, trademark, patent or other intellectual property right of AB Industries Australia Pty Ltd or any third party.
AB Industries Australia Pty Ltd and all related product and service names, design marks, and slogans are the trademarks or service marks of AB Industries Australia Pty Ltd. All other product and service marks contained herein are the trademarks or service marks of their respective owners.
Notice to Owners of Proprietary and other Intellectual Property Rights: You shall have absolutely no recourse against us for any alleged or actual infringement of any proprietary rights you may have in anything you post on our website.
Copyright laws and international treaties protect the editorial content and graphics on this Web Site, as well as the HTML based computer programs used to generate these pages and this Web Site. Therefore, editorial content and graphics may not be copied or re-used without the express written permission of AB Industries Australia Pty Ltd, which reserves all rights. Please direct any requests for permission to Webmaster - enquiries@abindustries.com.au
The deletion or alteration of any copyright or other proprietary notices from this Web Site is strictly forbidden.
Monitoring The Content of our Web Site
AB Industries Australia Pty Ltd strives for perfection; however, please be aware that the information, software, products, and services published on this Web Site may include inaccuracies, typographical errors, or untimely information. Changes are made and items and information are added to the Web Site from time to time at the sole discretion of AB Industries Australia Pty Ltd.
AB Industries Australia Pty Ltd has the right, but not the obligation, to edit, modify, refuse to post, reject, eliminate or remove any information existing on or transmitted to its Web Site that it, in its sole discretion, believes is unacceptable or in violation of these terms or may create liability or may cause AB Industries Australia Pty Ltd to lose the services of its ISPs or other suppliers. Likewise, AB Industries Australia Pty Ltd shall have the right to terminate this service or your ability to access this service at any time without notice.
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Links and Connections to Other Parties and Other Sites
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This Web Site may contain links or other connections to websites operated by parties other than AB Industries Australia Pty Ltd, including but not limited to employers, manufacturers, companies, individuals, agencies, and advertisers (individually or collectively hereafter referred to as "Partners"). These links are provided for convenience only and AB Industries Australia Pty Ltd is not responsible for these web sites, their availability, content, or any viruses accessed through them. AB Industries Australia Pty Ltd inclusion of links or other connections to such Web sites or Partners does not imply any endorsement of the material on them or any association with their owners or operators. If you decide to access one of the third-party websites through the use of a link, you do so at your own risk.
Disclaimers, Warranty Exclusions & Limitation of Liability
You assume all responsibility and risk for your use of this website. This website and the information therein are provided totally without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by AB Industries Australia Pty Ltd, its affiliates or their respective employees shall modify the foregoing or create a warranty of any type.
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AB Industries Australia Pty Ltd expressly disclaims any warranty that the information on this website will be uninterruptable or error-free or that any information, software or other material accessible from this website is free of viruses or other harmful effects. If your use of our website causes your equipment or data to be serviced or replaced, AB Industries Australia Pty Ltd is not responsible for those costs or any costs or damages related thereto.
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The information on this website is provided on an "as is" basis. AB Industries Australia Pty Ltd does not assume any legal liability or responsibility for the accuracy, completeness or usefulness or any information, apparatus, product, software or process used or disclosed on this website or any other material accessible from this website.
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In no event shall AB Industries Australia Pty Ltd, its employees, agents, affiliates, its partners, or any third parties mentioned on this website be liable for any damages whatsoever, (including but not limited to direct, indirect, economic, non-economic, including incidental, special or consequential damages arising out of or in any way connected with the users of this website or with the delay or inability to use it or any linked sites or for damages resulting in the business interruption or the loss of data), or for any information, software products and services obtained through this system, or otherwise arising out of the use of this website, or on any other basis (whether based on contract, tort, strict liability, or other legal theory), even I AB Industries Australia Pty Ltd has been advised of the possibility of such damages.
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Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If this limitation of liability or the exclusion of warranty set forth above is held inapplicable or unenforceable for any reason, then AB Industries Australia Pty Ltd maximum liability for any type of damages shall be limited to AUD$100.00.
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Your Use of Our Web Site: Limited License
The AB Industries Australia Pty Ltd Web Site is for your personal and non-commercial use. Except as otherwise expressly provided, you may not sell, modify, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any information or content contained in the Web Site for any public or commercial purpose. You are granted a non-exclusive, non-assignable and non-transferable license to use this Web Site only under these terms and conditions of use.
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Your Responsibilities as a User, Partner or Member
You may use the AB Industries Australia Pty Ltd Web Site only for lawful purposes. You must not use (or plan, encourage or help others to use) this Web Site for any purpose or in any manner that is prohibited by these terms, conditions and notices or by applicable law (including but not limited to any applicable export controls).
It is YOUR RESPONSIBILITY to ensure that your use of this Web Site complies with these terms, conditions and notices and to seek prior written permission from AB Industries Australia Pty Ltd for any uses not permitted or not expressly set forth herein.
AB Industries Australia Pty Ltd prohibits the use of the Web Site, and all users, Partners and Members agree not to use the Web Site, for any of the following:
1. Transmitting or posting any message, information, data, text, software or images, or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, sexually explicit, defamatory, vulgar, obscene, libellous, hateful, racially, ethnically or otherwise objectionable or invasive of another's right of privacy.
2. Impersonating any person or entity, including but not limited to an AB Industries Australia Pty Ltd representative, forum leader, guide, or to falsely state or to otherwise misrepresent your affiliation with a person or entity.
3. Posting or transmitting any Content that you do not have a right to reproduce, display or transmit under any law or under any contractual or fiduciary relationships (such as nondisclosure or confidentiality agreements) or that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party, person, or entity.
4. Posting or transmitting any Content that contains a virus or corrupted data.
5. Deleting any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature.
6. Using any device, software, or routine that interferes with or attempts to interfere with the proper functionality of this Web Site.
7. Violating any applicable national or international law.
8. Attempting to decipher, decompile, disassemble or reverse engineer any of the software that makes up this Web Site.
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You agree to indemnify and hold AB Industries Australia Pty Ltd harmless from any third party claim, damages or demand, including reasonable attorneys' fees, relating to or arising out of your violation of these Terms, your representations and warranties, or your violation of any rights of another.
Violations of these terms or of Web Site security may result in civil or criminal liability. AB Industries Australia Pty Ltd will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
AB Industries Australia Pty Ltd makes no claims that this Web Site and the content existing thereon may be lawfully viewed or downloaded outside of Australia. Access to this Web Site may not be legal by certain persons or in certain countries. If you access this Web Site from outside of Australia, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
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By Your Use You are Granting Rights to Us
By submitting any content to any public or non-public areas of this Web Site, including forums, and contests, you automatically grant AB Industries Australia Pty Ltd the royalty-free, perpetual, irrevocable, non-exclusive, transferable right (including any moral rights) and license to use, reproduce, modify (to comport with the Web Site), adapt, publish, distribute, translate, create derivative works from, distribute, perform and display such content (in whole or part) worldwide or to incorporate it in other works in any form, media, or technology now known or later developed, without restriction or compensation. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant to us the rights and license stated above. Subject to the foregoing, the owner of such content placed on our Web Site retains any and all rights that may exist in such content.
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Information Collection
We may use the information we collect from you individually or aggregated with other Member's information to improve our services, to add other types of services, and to notify you about updates or new features. In addition, we may use the information we collect to notify you of third-party products and services that might interest you. If you wish to be removed from such e-mail lists, you may simply reply to any e-mail using the subject: REMOVE.
Certain Legal Requirements are Not Diminished
AB Industries Australia Pty Ltd performance of these terms and conditions is subject to laws and legal processes, and nothing contained herein will diminish our right to comply with law enforcement requests or requirements relating to your use of our Web Site or information provided to or gathered by AB Industries Australia Pty Ltd with respect to such use.
Agreement
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These terms represent the entire binding agreement between us, and our respective successors and assigns, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding AB Industries Australia Pty Ltd its Web Site or the information and contents thereon. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Waivers of Any Obligation or Right
No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced.
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Enforcement, Interpretation, etc.
These terms shall be governed by relevant Australian laws, without respect to conflicts of law principles, and, for any action or dispute, irrevocable consent is hereby granted by both parties to the exclusive jurisdiction and venue in the courts located in Australia. Use of this Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including this paragraph. Notwithstanding the foregoing sentence, these terms shall be severable and construed to the extent of their enforceability in light of the parties mutual intent if deemed at all unenforceable by a competent court.
Your Liability for Violation of these Terms
Given the nature of these terms, and the nature of the services and information provided by AB Industries Australia Pty Ltd you understand and agree that, in addition to money damages, AB Industries Australia Pty Ltd will be entitled to equitable relief upon a breach of them by you. Further, you agree to defend, indemnify, and hold harmless AB Industries Australia Pty Ltd, doing business as AB Industries Australia Pty Ltd, its officers, directors, employees, and agents, from and against any claims, actions, or demands, including but not limited to reasonable legal and accounting fees, resulting from your use of this Web Site or your breach of these Terms and Conditions. AB Industries Australia Pty Ltd will provide notice to you promptly of any such claim, suit, or proceeding.