• Terms and Conditions

Terms and Conditions

TERMS & CONDITIONS OF SALE

1. These Terms and Conditions are applicable to all Customer purchases regardless of how the purchase request is made and by whatever means the order is transmitted (e.g. in person, or via telephone, email, facsimile, Electronic Data Interchange (EDI) or via the web). By submitting an order with us you are deemed to be making an order to purchase goods and or services. In the case of webshop orders, the customer accepts that freight delivery charges may be applied with permission after submission by the customer and equivalent products may be supplied as substitutes if the requested one is not available.

2. As the buyer, you agree to indemnify the seller and its related companies, affiliates, directors, officers and employees, against any claim, demand, damage, loss, expense or liability made against or suffered by the customer in connection with your use of this website or your breach of these terms.

3. These Terms and Conditions supersede all previous Terms and Conditions imposed by the Seller. Each Order will constitute an offer by the Customer to acquire Products from the Seller upon and subject to the Terms and Conditions to the exclusion of all other Terms and Conditions. A contract will be made between the Seller and the Customer for the sale and purchase of Products only on acceptance of an Order by the Seller, which may be by delivery of all or part of the Products ordered.

4. Unless otherwise agreed, the Seller will arrange for delivery of the Products. Risk of Loss to Products will pass to the Customer on the earlier collection of Products by the Customer; delivery of Products to the Customer by the Seller; and delivery of Products by the Seller to a carrier for the purpose of delivering Products to the Customer. The Seller will not be liable for any delay in delivery of Products.

5. Cancellations and Returns for Credit - Orders can only be cancelled or goods returned for credit with the prior written agreement of the Supplier provided that the goods are returned in the same re-saleable condition as when they were originally sold. Goods accepted for return must be despatched by a carrier nominated by the Supplier, only after receiving a credit return authority number from the Supplier (invoice number and date are required on all claims). Returns due to purchase error will incur a re-stocking charge of 20% and transportation costs of products. Any goods specifically made and/or procured on behalf of the customer, that meet the customer’s specific request are not refundable for credit. The Supplier will not accept cancellations or returns unless notified within 7 days and only in the sole discretion of the Supplier.

6. Except only for such rights and remedies which the Customer has in respect of the supply of Products under the Trade Practices Act and other applicable laws and which cannot be lawfully excluded, restricted or modified, the Customer agrees that: (1) all conditions and warranties whether statutory or otherwise are excluded in relation to the Products and any services provided by the Seller; and

(2) the Seller will not be liable for any Loss (other than in accordance with clause 4) which the Customer suffers, incurs or is liable for in connection with supply of the Products under these Terms and Conditions, the promotion or sale of the Products by the Customer, or the provision of services by the Seller.

7. Where the Seller is permitted under the Trade Practices Act or other applicable laws to limit its liability for the breach of a condition or warranty that is implied by the Trade Practices Act or any other applicable laws the Seller’s liability is limited to

(1) in the case of Products, any one of the following as determined by the Seller:

(i) the replacement of the Products or the supply of equivalent Products;

(ii) the repair of the Products;

(iii)the payment of the cost of replacing the Products or of acquiring equivalent Products; or

(iv) the payment of the cost of having the Products repaired:

(2) in the case of services any one of the following as determined by the Seller:

(i) the supply of the services again; or

(ii) the payment of the cost of having the services supplied again.

8. The Customer acknowledges that it has not relied upon any representation made by the Seller which has not been stated expressly in these Terms and Conditions. Any representation, advice, recommendation, information or assistance provided by the Seller in relation to Products supplied or their use or application must not be relied upon by the Customer and the Customer acknowledges that it is the responsibility of the Customer to satisfy itself as to the appropriate use or application of Products and that the Products are suitable for any particular purpose. The Customer indemnifies the Seller against all Loss incurred by the Seller in connection with any act or omission of the Customer including, but not limited to, negligence of the Customer or any unauthorised representation made or warranty given by the Customer in connection with Products.

9. You agree to indemnify Robertsons Lifting & Rigging and its related companies, affiliates, directors, officers and employees, against any claim, demand, damage, loss, expense or liability made against or suffered by the applicant in connection with your use of this website or your breach of these terms.

***DISCLAIMER***

This website may contain links to other websites and materials obtained through third parties. You should make your own enquiries before relying on the content of any third party website. Robertsons Lifting & Rigging is not liable for any content appearing on websites operated by third parties. Further, this website may contain product information provided by or obtained directly or indirectly through third parties (such as suppliers) and while it is provided in good faith, we cannot always verify its accuracy. To the extent permissible by law, such material is provided on an "as is" and without warranty basis, and you acknowledge it may contain inaccuracies or errors or be incomplete or out of date. You should make your own enquiries before relying on such content, including by referring to the relevant third party's websites and other materials for information regarding their relevant products and services. To the extent permitted at law, your access to and use of this website is subject to these terms and all applicable laws, and is at your own risk. Robertsons disclaims all liability for loss or damage (whether direct or indirect) arising out of your use of this website or reliance on its contents.