OVERVIEW

Welcome! This website is operated by Southern Pumping Specialists Pty Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Southern Pumping Specialists Pty Ltd. Southern Pumping Specialists Pty Ltd offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

 By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

 We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Southern Pumping reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Southern Pumping confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Southern Pumping may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Southern Pumping, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Southern Pumping, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Southern Pumping.
Southern Pumping’s names, logos, product and service names, designs, and slogans are trademarks of Southern Pumping or its affiliates or licensors. You must not use such trademarks without the prior written permission of Southern Pumping. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access to any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Southern Pumping is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Southern Pumping. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Southern Pumping, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Southern Pumping.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES

 You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Southern Pumping, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 - TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 15 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY Southern Pumping, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

 SECTION 16 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Southern Pumping, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Southern Pumping, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claims at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 18 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 - ASSIGNMENT

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 21 - GOVERNING LAW

 These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia. You and Southern Pumping consent to venue and personal jurisdiction in such courts. 

SECTION 22 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at enquiries@southernpumping.com.au.
Our contact information is posted below:
Trade name: Southern Pumping Specialists Pty Ltd

Phone number: (02) 4271 2220

Email: enquiries@southernpumping.com.au

Physical address: 6-8 Industrial Road, Unanderra NSW 2526, Australia

ABN number: 97 664 899 334

ANNEXURE “A” 

GENERAL TERMS AND CONDITIONS FOR SALE 

ALL QUOTATIONS AND CONTRACTS ARE SUBJECT TO THE FOLLOWING CONDITIONS 

1. SELLER means SOUTHERN PUMPING SPECIALISTS PTY LTD ACN 664 899 334 and BUYER means the Buyer whose order for the purchase of goods is accepted by Seller. 

2. ACCEPTANCE OF BUYER’S ORDER: These terms and conditions shall apply to every sales contract and sale of goods between Seller and Buyer. Any terms and conditions of Buyer’s order deviating from or inconsistent with these terms and conditions are expressly rejected by Seller. This rejection also extends to any statement by Buyer that Buyer’s terms and conditions shall prevail and to any stipulation by the Buyer as to the manner of declaring such rejection. A contract shall only be deemed to have been entered into between Seller and Buyer for the supply of goods when, upon an order having been placed upon Seller for goods, that order has been accepted by Seller. Such acceptance or order may be made and communicated by Seller in writing or by overt act of acceptance. The provisions of this Clause 2 shall apply to every quotation or offer by Seller for the supply of goods. 

3. PRICES: Quotations are to be treated as estimates only and subject to withdrawal, correction and alteration at any time before acceptance of Buyer’s order by Seller. Prices are ex Seller’s Warehouse unless otherwise agreed in writing. 

4. GOODS AND SERVICES TAX: 

a) In this clause: 

“GST” refers to goods and services tax under the A Tax System (Goods and Services) Act 1999 (‘GST Act’). The terms used herein have the meanings contained within the GST Act. 

b) It is hereby agreed between Seller and Buyer that the consideration for the supply expressed in this agreement is exclusive of Seller’s liability for GST. 

c) On Sale 

i. Buyer will pay to Seller, in addition to the total purchase price, the amount payable by Seller as GST on the taxable supply made by seller under this agreement: 

ii. Seller shall deliver to Buyer a tax invoice for the supply in a form which complies with the GST Act and regulations. 

5. INSURANCE: Buyer is responsible to effect whatever insurance cover he requires at his expense. 

6. PAYMENT: The Buyer is required to pay a one third (33%) deposit to at the time of the order with 

progress payments as requested b y t h e S e l l e r and balance on completion or on advice from Seller that completed goods are ready for delivery. If Seller shall extend credit to Buyer payment for all goods sold will be within Thirty (30) days from the last day of the month in which each delivery was made. Interest shall be payable by Buyer on all amounts overdue to Seller at the rate of Two (2) per centum per month. 

7. CONFIRMATION ORDERS: Orders confirming a prior order must be marked as such by Buyer. If not, Seller will consider Buyer’s order as additional. 

8. CANCELLATION: Orders accepted by Seller cannot be countermanded or delivery deferred or goods returned except with the written consent of Seller upon terms that reimburse and indemnify Seller against all loss including cartage, bank charges and other incidental expenses on any part of the order that is cancelled. Where Seller agrees to accept goods for return, a restocking charge of 20% of the price of the goods returned is to be paid by the Buyer. This amount is a genuine pre-estimate of the loss incurred by the Seller arising from the return of the goods. . 

9. ACCEPTANCE AND CLAIMS: Acceptance of the goods delivered, shall be deemed for all purposes to have taken place at the expiration of seven (7) days from the date of each delivery. 

10. DELIVERY AND RISK: 

a) Unless Buyer has requested Seller to make special delivery arrangements the risk in respect of the goods shall pass to Buyer upon delivery to Buyer’s premises or the nominated carrier’s depot. Buyer shall provide or cause to be provided full and clear access for delivery and will at its own expense provide all necessary assistance in unloading the goods at the nominated place of delivery. 

b) Where Buyer has requested special delivery arrangements (i.e. other than Seller delivering to premises of Buyer) risk in respect of goods shall pass to the Buyer upon the goods leaving the premises of Seller in Unanderra. Seller will not in any circumstances accept liability for damage shortage or loss during transit. 

c) If delivery of goods by Seller is delayed for a cause other than its own negligence, Buyer shall be liable for extra charges, losses or expenses incurred by Seller and Buyer shall not be entitled to cancel this contact by reason thereof. 

d) If delivery of goods is delayed due to any circumstances beyond the control of Seller the risk passes to Buyer on the day when the goods were first ready for consignment from the Seller’s warehouse and this day is to be regarded as date of delivery for purposes of payment in Clause 6. 

11. SPECIAL ORDERS: Buyer will place order in writing on Seller for non-stock items. Seller will not accept return of non-stock items unless manufacturer agrees to accept return from Seller. Seller may deduct transport, handling and restocking charges of 20% of the price of the goods from the credit due to Buyer (being a genuine pre-estimate of the loss incurred by the Seller arising from the return) and may also deduct there from reasonable labour costs associated with the restoration of non-stock items to the condition as supplied by manufacturer. 

12. TITLE: Title in goods shall remain Seller’s until it has received in cash the total contract price. Seller may at any time recover the goods if they are in Buyer’s possession and resell the goods if any payment owed by Buyer on any accounts is overdue or if Seller considers that the amount outstanding from Buyer on the general statement of account between the parties is in excess of the credit limit Seller is willing to accord to Buyer and for this purpose Seller, its servants or agents may enter upon Buyer’s or other premises upon which the goods are situated. Buyer shall hold any proceeds from disposal or sale of goods in trust for Seller until payment in full is received by Seller. 

13. SECURITY INTEREST UNDER THE PPSA 

a) “PPSA” means the Personal Properties Securities Act 2009. 

b) Buyer agrees that: 

(i) each order accepted by Seller, being an order accepted under these Term and Conditions, creates a registrable security interest under the PPSA in any goods supplied under it. 

(ii) Buyer acknowledges the right of Seller to register a financing statement under the PSAA with respect to the security interest created by these Terms and Conditions. 

(iii) If Seller registers a security interest under the PSAA, Seller may exercise any or all remedies afforded to Seller as a secured party under it without prejudice to any other rights or remedies arising out of breach by Buyer of any agreement with Seller and 

(iv) The goods are collateral for the purpose of the PPSA. 

14. DELIVERY TIME: Seller may deliver the goods by installments or partial shipments and Buyer will accept each delivery. Requirements of Buyer shall not be a condition or of the essence of the contract. Seller shall be under no liability for direct or consequential loss or damage to Buyer arising from delay or postponement of delivery. 

15. WARRANTY: 

a) The Seller shall only be bound by an express warranty or guarantee if the same is in writing. Goods sold shall only have the benefit of a manufacturer’s warranty if the purchaser has complied with the manufacturer’s instructions in relation to maintenance and operation of the said goods. 

b) Apart from any consumer guarantees under the Australian Consumer Law (ACL), all other guarantees, conditions and warranties, express or implied by law or Statue, are hereby expressly excluded and negated so far as legally permissible. 

c) In the event of any breach of an implied guarantee, warranty or condition which is not excessively excluded from these Terms and Conditions, Seller’s liability shall at Seller’s option be limited to: 

(i) The repair or replacement of the goods or the supply of equivalent goods; or 

(ii) The cost of such repair, replacement or supply. 

d) Seller is not otherwise liable for any direct, indirect or consequential loss or damage howsoever arising or occurring, whether founded in tort, contract, and statute or otherwise. Nothing in this clause affects the Buyer’s rights for any alleged failure of a guarantee under the ACL. 

16. NO IMPLIED SERVICE: Buyer acknowledges that except as provided by law this agreement does not entitle the Buyer to demand to receive from Seller any site inspection or service of the goods supplied, delivered and installed, if applicable. If Buyer does require Seller’s services in respect of site inspection and service of the goods, then Buyer should arrange with Seller to enter a separate agreement in respect of the same. In the event that no separate agreement in relation to site inspection and service is required by Buyer then buyer acknowledges that in the event of the goods supplied requiring to be serviced or inspected due to breakdown or otherwise then Buyer shall rely solely on any benefit in respect of the same provided by the manufacturer. 

17. AGREED USE: Buyer acknowledges that the matters set out in the schedule hereto are a true description of the purposes for which the goods purchased hereby are to be applied in respect of work required to be performed by such goods and that Buyer may forfeit any rights if any Buyer may have against Seller for the supply of the subject goods if they are applied to any other use. Buyer forfeits any rights or claims against Seller if any alteration to the goods sold or quoted is carried out without Seller’s written consent. Buyer further acknowledges sole responsibility for any damage or injury to property or persons caused by using the sold goods to pump or transfer hazardous or toxic fluids or substances. 

18. REPAIRS: Goods returned by Buyer to Seller for repair will be free of all charges to Seller at Buyer’s risk. 

19. PRIVACY: Seller adheres to the National Privacy Principles in respect of any personal information collected from an individual. In respect of such personal information, Seller discloses that: 

a) The identity of Seller and how to contact Seller are set out on the first page of the Application of Credit. 

b) The individual is entitled to access to the personal information collected. 

c) The personal information is collected for the purpose of processing the application for credit and the application for the supply of goods. 

d) The only organisations to which Seller discloses the personal information are credit reporting agencies. 

e) The consequences if the personal information is not provided is that the Seller will be unable to process the application for credit and/or the application for supply of goods. 

20. VARIATION BY BUYER: Should there be any variation in details, sizes and quantities, delivery instructions or any other item or matter on which the quotation or invoice is based Seller reserves the right to revise and amend the contract price accordingly. 

21. COUNCIL APPROVAL: Seller’s quotation makes no allowance for building or development application or Fees to Council or relevant approvals for use required by Council or Government Codes. Responsibility is solely on Buyer for such approvals for the goods and their installation or use. 

22. CLERICAL ERRORS: Clerical errors in computations, typing or otherwise of catalogue, quotation, acceptance, offer, invoicing, delivery docket, credit note or specification of Seller shall be subject to correction. 

23. MODIFICATIONS: All modifications and amendments to these Terms and Conditions shall be in writing and if otherwise shall not be binding upon Seller. 

24. If any provisions of the Contract are unlawful or invalid by reason of any applicable statute or rule of Law, then such provision shall be severed from the rest of this Contract which shall remain valid and binding on the parties. 

25. Force majeure: If circumstances beyond the Seller’s control prevent or hinder its provision of the goods, the Seller is free from any obligation to provide the goods while those circumstances continue. The Seller may elect to terminate this agreement or keep the agreement on foot until such circumstances have ceased. Circumstances beyond the Seller's control include, but are not limited to, unavailability of materials or components, strikes, lockouts, riots, natural disasters, fire, war, acts of God, government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems

26. Dispute resolution 

a) If a dispute arises between the Buyer and the Seller, the following procedure applies: 

i. A party may give another party a notice of the dispute and the dispute must be dealt with in accordance with the procedure set out in this clause. 

ii. A party must not commence legal proceedings (except proceedings seeking interlocutory relief) in respect of a dispute unless the dispute has been referred for resolution in accordance with this clause . 

iii. A party must not oppose any application for a stay of any legal proceedings that may be issued in respect of a dispute pending the completion or termination of the procedure set out in this paragraph. 

b) If a dispute is notified, the dispute must immediately be referred to the parties' respective senior management. Those representatives must endeavour to resolve the dispute as soon as possible and in any event within 10 Business Days (or other period as agreed). 

c) Unless otherwise agreed by the parties, any dispute that cannot be settled by negotiation between the parties or their representatives, the parties expressly agree to endeavour to settle the dispute by mediation administered by the Australian Commercial Disputes Centre (ACDC) before having recourse to arbitration or litigation. The mediation must be conducted in accordance with the ACDC Guidelines for Commercial Mediation (Guidelines) which operate at the time the matter is referred to ACDC. This paragraph survives termination of these terms of trade. 

d) Despite the existence of a dispute (including the referral of the dispute to mediation), each party must continue to perform its obligations under these terms of trade.