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Terms & Conditions

Website Terms and Conditions of Use

 

  1. About the Website
    1. Welcome to www.australianplasticfabricators.com.au (Website). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (Products). The Website provides this service by way of granting you access to the content on the Website (Purchase Services).
    2. The Website is operated by Australian Plastic Fabricators (APF) with registered ACN 624 527 742.
    3. Access to and use of the Website, or any of its associated Products or Services, is provided by Australian Plastic Fabricators. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
    4. Australian Plastic Fabricators reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Australian Plastic Fabricators updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

 

  1. Acceptance of the Terms
    1. You accept the Terms by remaining on the Website.

 

  1. Purchase Services
    1. The Website offers a choice of Purchase Services.
      1. You may Contact Us and ask for a quote on a specific product you need manufactured.
      2. You may choose to purchase an existing Product through the Websites online store.
    2. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, this Terms and Conditions of Use, Privacy Policy, Shipping Refunds & Returns Policy.

 

  1. Quotation or Purchase through Online Store
    1. If you purchase through the online store;
      1. You will agree to the payment of the purchase price listed on the Website for the Product (Purchase Price).
    2. If you get a quote by contacting us;
      1. Any Quotation made by APF is not an offer to sell, and no order given in pursuance of any Quotation shall bind the company unless accepted by it.
      2. To minimize errors and improve efficiency, orders should be placed using a formal purchase order or via our on-line ordering system whenever possible.
    3. All pricing is in Australian dollars and are exclusive of GST unless specified otherwise.
    4. Pricing and stock availability are subject to change.
    5. All orders are subject to acceptance by APF within seven (7) days.

 

  1. Payment
    1. Unless otherwise agreed in writing, payment for products supplied shall be made in full by the Customer to APF without deduction or demand, within the approved term as advised by APF, or in the absence of a term approved by APF, within (7) days from the order date, unless there is a prior written agreement on trading terms between APF and the client.
    2. Payment for products ordered through APF online store can be made by bank transfer, credit card and PayPal only.
    3. Payment for other orders through phone, fax or email can be made by credit card or direct deposit.
    4. Following payment being confirmed by Australian Plastic Fabricators, you will be issued with a receipt to confirm that the payment has been received and Australian Plastic Fabricators may record your purchase details for future use.

 

  1. Delivery
    1. You acknowledge that the Purchase Services offered by Australian Plastic Fabricators integrate delivery (Delivery Services) through the use of third party delivery companies (Delivery Service Providers).
    2. Alternatively, you may organise to pick up your product/s yourself from one of our locations at your own expense.
    3. Please note:
      1. We do not ship to PO Box address.
      2. We do not ship to third party addresses unless that address is known and can be verified by APF. The responsibility of providing correct and updated information for shipping address lies with the customer.
    4. For more information on delivery lead times please read our Shipping, Refunds & Returns policy.

 

  1. Cancellations
    1. We do not offer any refund if you change your mind, or find the same product cheaper elsewhere. Please select carefully at the time when you place your order.
    2. For more information around cancellations, please read our Shipping, Refunds & Returns policy.

 

  1. Warranty
    1. Australian Plastic Fabricators Products come with guarantees that cannot be excluded under the Australian Consumer Law.
    2. You may make a claim under this clause (Warranty Claim) for material defects and workmanship of the Products within 7 days from the date of purchase (Warranty Period).
    3. To find out more, please read our Shipping, Refunds & Returns Policy.

 

  1. Copyright and Intellectual Property
    1. The Website, the Purchase Services and all of the related products of Australian Plastic Fabricators are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (Content ) are owned or controlled for these purposes, and are reserved by Australian Plastic Fabricators or its contributors.
    2. Australian Plastic Fabricators retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
    3. the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Australian Plastic Fabricators; or
    4. the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
    5. a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
    6. You may not, without the prior written permission of Australian Plastic Fabricators and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

 

  1. Retention of Title
    1. The title to the Products will pass to the Customer when payment in full for the Products has been received by APF. Until the Customer has paid to APF the full purchase price:
      1. Customer shall hold the Products as bailee for APF.
      2. The Products shall be stored at the Customer’s risk, and in such manner that they are readily distinguishable from other products owned by the Customer or other persons.
      3. The Customer shall indemnify APF against any claim, action, proceeding, damage, loss, costs, expense or liability whatsoever, arising out of the possession, use or disposal of the Products by APF, or repossession or attempted repossession by APF.
      4. Any sale of the Products shall be affected as bailee for APF, and the proceeds of such sale shall be held on trust for APF. The proceeds of such sales must be held in a separate account or otherwise clearly identified in the books and records of the Customer.
      5. The Customer shall permit APF to inspect the Products, and the records and books of the Customer to the extent that they relate to the Products.
      6. APF reserves the right of entry to inspect or recover goods owned by APF, wherever they are located.

 

  1. Privacy
    1. Australian Plastic Fabricators takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Australian Plastic Fabricators’s Privacy Policy, which is available on the Website.

 

  1. General Disclaimer
    1. You acknowledge that Australian Plastic Fabricators does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
    2. Australian Plastic Fabricators will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
    3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
    4. Subject to this clause, and to the extent permitted by law:
      1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
      2. Australian Plastic Fabricators will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
      3. Use of the Website, the Purchase Services, and any of the products of Australian Plastic Fabricators (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Australian Plastic Fabricators, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Australian Plastic Fabricators including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Australian Plastic Fabricators) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
        1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
        2. the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
        3. costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
        4. the Content or operation in respect to links which are provided for the User’s convenience;
        5. any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
        6. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

 

  1. Limitation of Liability
    1. Australian Plastic Fabricators’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Australian Plastic Fabricators is the resupply of information or Purchase Services to you.
    2. You expressly understand and agree that Australian Plastic Fabricators, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
    3. Australian Plastic Fabricators is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Australian Plastic Fabricators, by third parties or by any of the Purchase Services offered by Australian Plastic Fabricators.
    4. You acknowledge that Australian Plastic Fabricators does not provide the Delivery Services to you and you agree that Australian Plastic Fabricators will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

 

  1. Termination of Contract
    1. The Terms will continue to apply until terminated by either you or by Australian Plastic Fabricators as set out below.
    2. If you want to terminate the Terms, you may do so by:
      1. notifying Australian Plastic Fabricators at any time; and
      2. closing your accounts for all of the Purchase Services which you use, where Australian Plastic Fabricators has made this option available to you.
    3. Your notice should be sent, in writing, to Australian Plastic Fabricators via the ‘Contact Us’ link on our homepage.
    4. Australian Plastic Fabricators may at any time, terminate the Terms with you if:
      1. you have breached any provision of the Terms or intend to breach any provision;
      2. Australian Plastic Fabricators is required to do so by law.
      3. the partner with whom Australian Plastic Fabricators offered the Purchase Services to you has terminated its relationship with Australian Plastic Fabricators or ceased to offer the Purchase Services to you;
      4. Australian Plastic Fabricators is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
      5. the provision of the Purchase Services to you by Australian Plastic Fabricators is, in the opinion of Australian Plastic Fabricators, no longer commercially viable.
    5. Subject to local applicable laws, Australian Plastic Fabricators reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Australian Plastic Fabricators name or reputation or violates the rights of those of another party.
    6. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Australian Plastic Fabricators have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

 

  1. Indemnity
    1. You agree to indemnify Australian Plastic Fabricators, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
      1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
      2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
      3. any breach of the Terms.

 

  1. Jurisdiction
    1. These terms and conditions are to be governed by and construed in accordance with the laws of NSW and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in NSW and you agree to submit to the jurisdiction of those Courts.
    2. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed, or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
    3. In case of a query or feedback, please contact Intelsol Pty Ltd T/A Australian Plastic Fabricators, 2a 172, Silverwater Road, Silverwater NSW 2128, Australia.

 

  1. Disclaimers
    1. Whilst we take all due care in providing our services, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose.
    2. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
    3. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
    4. From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
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