MORIARTY AERIALS

LEVEL 1, 61 HUME STREET, CROWS NEST, NSW 2065

E: tim@moriartyaerials.com.au     T: (02) 8377 8582

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PRIVACY + TERMS

1. IN THESE CONDITIONS

Goods and/or Services shall mean what the Seller has contracted with the Buyer to supply in consideration of the price.

 

Seller shall mean the seller and its successors and assigns.

 

Buyer shall mean the buyer or any person acting on behalf of and with the authority of the buyer.

 

Price shall mean the cost of the goods and/or services as agreed between the Seller and Buyer subject to Clause 3 in this agreement.

 

2. ACCEPTANCE

Upon acceptance of any order by the Seller a binding agreement shall arise between the Buyer and the Seller and the terms and conditions shall be deemed to be included in such agreement. All representations, statements, terms, conditions and warranties (whether implied by statute or otherwise) not embodied herein are expressly excluded to the fullest extent permitted by law.

 

3.PRICES

Unless stated to the contrary, the price does not include goods and services tax, and it does not include other taxes, import duties or other levies or tariffs, freight, delivery or insurance charges, which, if applicable, will be an extra charge.

 

4.PAYMENT

4.1. The Seller reserves the right to request payment to be paid in advance prior to the delivery of the goods and/or services.

 

5. LIMITATION OF LIABILITY

5.1. When a person is a consumer as defined in the Competition & Consumer Act 2010 or in any other law of the Commonwealth (or state or territory) of Australia, the Buyer’s rights shall be governed by the provisions of the said act or law to the extend that such liability may not be excluded by express agreement.

 

5.2. The Seller’s liability under the statutory provisions is limited at, the Seller’s option, to:

5.2.1. replacement or repair of the goods and/or services or the supply of equivalent goods and/or services.

5.2.2. payment of the cost of replacing or repairing the goods and/or of acquiring equivalent goods and/or services.

 

5.3. The Seller is not subject to, and the Buyer releases the Seller from any additional liability (including but not limited to consequential loss or damage, removal costs or re-installation costs or liability for loss of use or profit) because of any delay in delivery or fault or defect in the goods and/or services. And in either case, the Seller will not be liable for any consequential or other direct or indirect loss or damage.

 

5.4. The Buyer expressly acknowledges and agrees that it has not relied upon, and the Seller is not liable for any advice given by the Seller, its agents, representatives or employees in relation to the suitability for any purpose of the goods and/or services.

 

5.5. Except as to the extent permitted by law, the Seller is not liable for death of or injury to any person, for loss of or damage to goods, for delay or for consequential or other loss of any kind, arising directly or indirectly from negligence or omission or some other cause in connection with provision or non-provision for any goods and/or services.

 

6. RISK

6.1. The risk in the goods and/or services shall pass to the Buyer upon delivery.

 

7. TITLE

Notwithstanding that risk in the goods and/or services shall pass to the Buyer upon delivery to the Buyer, title to the goods and/or services shall remain with the Seller until all monies owing by the Buyer to the Seller have been paid in full (whether such monies are in respect of the monies payable under a specific contract or on any other account whatsoever) and until such time.

 

8. DELAY OR DEFAULT IN PAYMENT

In the event that the Seller has not been paid for any goods and/or services on the due date specified in this agreement, without prejudice to any other right or remedy.

 

8.1. The Seller may charge interest on the outstanding monies from the date at which the monies became due and until full payment, including interest, has been made.

 

8.2. The Buyer indemnifies the Seller from and against any legal costs and disbursements the Seller may incur in the collection of the debt.

 

8.3. The Buyer will reimburse any fees payable by the Seller to a commercial agent or mercantile agent in respect of any default up to a maximum of fifteen (15%) of the amount outstanding on the Contract at the time of the default.

 

8.4. The Seller may recover the price of the goods and/or services, together with all interest and the costs incurred in collecting the debt forthwith from the Buyer as a liquidated debt in a court or tribunal of competent jurisdiction, irrespective of any claim that the Buyer may have against the Seller from any thing or matter related to the goods and/or services delivered under this agreement.

 

8.5. Should any monies remain unpaid for a period of 30 days after the date of payments falls due, the Seller may charge an administration fee of $50.00, which will become immediately due and payable.

  

9. CANCELLATION

Care must be taken when making a purchase, as cancellations are not permitted.

 

10. CONSUMER GUARANTEES AND ADDITIONAL WARRANTIES

10.1 Consumer guarantees apply under the Australian Consumer Law. Nothing in these Terms and Conditions or in our warranty policies excludes the application of those guarantees.

 

11. SERVICE OF NOTICE

For the purpose of service of any document or notice in connection with the offer or agreement it shall be sufficient for ether party to forward such document or notice by ordinary mail to the last known address of the other party.

 

12. JURISDICTION

12.1 These terms of Trade shall be governed by the laws of the State of New South Wales.

12.2 The parties agree to submit to the non-exclusive jurisdiction of the Court of New South Wales.

 

13. VARIATIONS AND WAIVER

13.1 The Seller is not bound by any waiver, discharge or release of a condition of any agreement, which varies these conditions unless it is in writing, and signed for the Seller by an authorised person.

 

13.2 If the Seller waives a breach of a condition the waiver does not operate as a waiver of another breach of the same or any other condition or as a continuing waiver.

 

 

 

PRIVACY ACT 1988

 

Your privacy is very important to us. We follow the Privacy Act and will always abide by it. This statement explains your rights and obligations to your personal information. It also explains how your personal information is used.

 

Disclosure

In some cases it is necessary that we disclose your personal information to 3rd party organisations to provide you with our services. Examples include but are not limited to; warehousing partners, freight carriers, professional advisers such as lawyers, accountants, maintenance and repair services, providers who manage the services provided to you;

 

We may also disclose your information if we are required by law, although this is highly unlikely.

 

 

COLLECTION OF INFORMATION

It is necessary for us to collect your contact information and address to provide services to you. We may not be able to provide our services to you if all or part of the information is not provided to us.

 

PAYMENT INFORMATION

We use third-party services for payment processing (e.g. payment processors)

 

We will not store or collect your credit card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy.

 

The payment processors we work with are:

 

PayPal

Stripe

 

 

CORRECTIONS TO PERSONAL INFORMATION

You have the right to obtain your personal information from us at any time. If you believe that the information we have is incorrect or out of date, you also have the right to request us to change it. Please contact us should you need us to provide this information to you.

 

COOKIE

We use cookies and similar tracking technologies to tracks the activity on our Service and we hold certain information.

 

Cookies are files with a small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyse our Service.

 

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our service.

 

COMMUNICATION

We will communicate all information regarding your order by email. So it’s important that you provide a valid and up to date email address. Sometimes we may also contact you by phone or post.

 

CUSTOMER SERVICE

If you further wish to discuss the information we keep or the way we handle information, please contact us.

           

 

The above uses of information are not exclusive of any other purposes as shall be agreed between the buyer and Seller or that are required by law.

 

JURISDICTION

The privacy policy will be governed by the laws of the State of New South Wales.

 

The parties agree to submit to the non-exclusive jurisdiction of the Court of New South Wales.

 

 

SHIPPING

We deliver to most locations in Australia and Abroad, however we may not be able to deliver to remote locations due to courier restrictions. We also cannot ship to P.O. Boxes.

 

Your goods will ship via one of our standard carriers. Each shipping method has its own standard time in transit and delivery to your home or business. Delivery time can range from 6-14 working days depending on your location.