Welcome to C-Mac Industries Pty Ltd's Terms & Conditions, these terms and conditions contained herein are comprised of 4 parts;
Account means the online account that the buyer uses to purchase products on the website;
Buyer means the entity to whom Goods are supplied by C-Mac Industries Pty Ltd;
Buyer Credit means financing provided by C-Mac Industries to the Buyer to pay for the supply of Goods provided;
Contract means a contract of the sale of Goods arising out of an order accepted by C-Mac Industries Pty Ltd;
Delivery means the Goods have been:
- handed to the Buyer or the Buyers Representitive;
- delivered to the carrier or site nominated by the Buyer;
Delivery Services means the delivery of products offered by C-Mac Industries Pty Ltd;
Delivery Services Providers means third party delivery companies;
Dispute an unresolved claim which arises under these terms and conditions.
Goods means any goods and or services supplied by C-Mac Industries Pty Ltd;
C-Mac Industries Pty Ltd means C-Mac Industries Pty Ltd ABN 81 640 964 923 and its assigns;
GST means Goods and Services Tax as provided for in A New Tax System (Goods and Services Tax) Act 1999 (Cth);
Invoice means the Invoices issued by C-Mac Industries Pty Ltd in relation to a Contract; and words importing the singular number include the plural and vice versa;
Member means an account holder under the website who has completed the registration process and agree to be bound by the terms and conditions;
MSDS means any Material Safety Data Sheet or other similar information published or made available by C-Mac Industries Pty Ltd from time to time;
Notice means written notice of a dispute in accordance with Clause 14(b);
Parties means the parties to these terms and conditions;
PPSA means
- the Personal Property Secutities Act 2009; and
- the Personal Property Securities Regulations 2010, as amended, supplemented or affected by any other applicable legislation of the Commonwealth, or any State or Territory, of Australia;
PPSA Register means the Personal Property Securities Register within the meaning of, and as defined in, PPSA;
Products means purchase products that have been listed for sale by C-Mac Industries;
Purchase Order means an invoice, quotation, purchase order or other document detailing the goods wishing to be purchased.
Purchase Services means the service provided by C-Mac Industries which allows you to purchase the listed products via the Website or phone service;
Refund means a refund of the purchase services fee under the Refund Policy;
Services Fee means the total monetary amount payable for purchase of products on the website including any associated bank, payment gateway or credit card charges;
Terms means the terms and conditions contained herein within this document;
Warranty means a guarantee to repair or replace the products if they fail to be of acceptable quality and the failure does not amount to a major failure;
Warranty Claim means a claim brought over material defects and workmanship within the warranty period;
Warranty Period means 30 days from the date of purchase; and
Website means ‘https://www.cmac.com.au’ and any pages or subpages associated with this domain name.
- About C-Mac Industries
- C-Mac Industries Pty Ltd (ACN 640 964 923) herein referred to as C-Mac Industries provides you with an opportunity to browse and purchase products through the website, for online and phone/email orders. Please read these terms and conditions (the '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, Products or any of the Purchase Services, immediately.
- C-Mac Industries reserves the right to review and change any of the Terms by updating this page at its sole discretion.
- When C-Mac Industries 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.
- Warranty
- C-Mac Industries's Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').
- Please inspect goods immediately upon arrival. You may make a claim under this clause (the 'Warranty Claim') for material defects and workmanship in the Products within 90 days from the date of purchase (the 'Warranty Period').
- In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to C-Mac Industries showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products, by sending a written notice via the Resolution Centre on C-Mac Industries’ Website.
- Where the Warranty Claim is accepted then C-Mac Industries will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
- The Warranty shall be the sole and exclusive warranty granted by C-Mac Industries, and shall be the sole and exclusive remedy available to you in addition to any other rights under law in relation to the Products to which this warranty relates.
- All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
- The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
- Shipping and Delivery
We endeavour to provide you with the best shipping and delivery services. Please see our Shipping and Delivery Policy for more information.
- Retention of Title and PPSA
- Items and property pertaining to the Goods supplied will remain the property of C-Mac Industries and will not pass on to you until payment of the money owing for the Goods and any other money owing by you to C-Mac Industries has been fully paid.
- You shall, at the request of C-Mac Industries, assist in taking any measures necessary to protect C-Mac Industries’ title of the Goods supplied in the country concerned.
- You must inform C-Mac Industries of any seizure or other act of intervention by third parties in relation to the Goods supplied.
- Until the Goods have been paid for in full:
- you have possession of the Goods as bailee only;
- you must properly store, protect and insure the Goods, including storing them in a manner that shows clearly that they are the property of C-Mac Industries; and
- you may sell or consume the Goods, in the ordinary course of business, but only as the fiduciary agent of C-Mac Industries.
- You have no authority to bind C-Mac Industries to any liability by contract or otherwise and must not purport to do so.
- You must, if requested by C-Mac Industries, deliver up the Goods to C-Mac Industries, failing which C-Mac Industries is irrevocably authorised to enter the place where the Goods are stored and repossess the Goods, if:
- you fail to pay a due amount following demand by C-Mac Industries;
- you commit an act of bankruptcy;
- a receiver is appointed to you;
- you go into liquidation, administration or some other form of insolvency administration;
- you cease to carry on business; or
- you enter into a scheme or compromise with its creditors.
- C-Mac Industries’ property in the Goods is not affected if the Goods become a fixture attached to your or a third party’s premises.
- The provisions of this clause 4 apply despite any arrangement between the parties under which C-Mac Industries grants you Buyer Credit.
- C-Mac Industries may commence legal action against you if Goods are not paid for, although property in the Goods has not passed to the Buyer.
- You irrevocably agree and consent to C-Mac Industries registering their interest in the Goods on the PPSA Register pursuant to the provisions of the PPSA.
- Pricing and Payment
- Prices of the Goods, including all GST and other government taxes in relation to the Goods, will be set out in the relevant Invoice.
- In addition to the price payable for the supply of Goods, you must pay the GST payable in respect of that supply.
- You must make payment for the price of all Goods supplied and all relevant charges before or immediately on Delivery, unless C-Mac Industries has granted you with Buyer Credit, so that payments then become due within 30 days from the Invoice date or as otherwise agreed.
- You must make all payments without any set off.
- All losses, legal, and other costs arising from your failure to pay the total amount by payable by the due date are recoverable from you as liquidated damages.
- All currency is in Australian Dollars ($AUD).
- Product Safety, Risk, and Responsibility
- You accept responsibility for the proper storage and use of the Goods and must ensure that the Goods are stored and used without risk to people or to the environment.
- You accept that risk of loss or damage to the Goods shall pass to you once Delivery of the Goods has been completed by the Delivery Services or the Delivery Services Providers.
- You acknowledge and warrant that you have familiarised yourself and any employees, contractors and agents with any recommended handling procedures contained in any MSDS in respect of the Product.
- Refund Policy
For information on refunds and returns, please refer to our Refund Policy.
- Copyright and Intellectual Property
- The Website, the Purchase Services and all of the related products of C-Mac Industries 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 Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by C-Mac Industries or its contributors.
- All trademarks, service marks and trade names are owned, registered and/or licensed by C-Mac Industries, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
- use the Website pursuant to the Terms;
- copy and store the Website and the material contained in the Website in your device's cache memory; and
- print pages from the Website for your own personal and non-commercial use.
C-Mac Industries does not grant you any other rights whatsoever in relation to the Website or the Purchase Services. All other rights are expressly reserved by C-Mac Industries or its contributors.
- C-Mac Industries retains all rights, title and interest in and to the Website and all related Purchase Services. Nothing you do on or in relation to the Website will transfer any:
- business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
- a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
- a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process) to you.
- You may not, without the prior written permission of C-Mac Industries 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 Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
- Privacy
- C-Mac Industries takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to C-Mac Industries Privacy Policy, which is available on the Website.
- General Disclaimer
- Nothing in the 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.
- These Terms govern every contract entered into between C-Mac Industries and the Buyer.
- These Terms, the terms of the relevant invoice, and any other written agreement between C-Mac and the Buyer constitutes the entire agreement between them, and supersedes any prior agreement between them.
- Any terms and conditions contained in the Buyer’s order documentation inconsistent with these Terms, including a statement that the Buyer’s terms & conditions prevail, are expressly excluded.
- After giving the Buyer notice, C-Mac Industries may vary these Terms from time to time.
- Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
- C-Mac Industries 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 Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
- Use of the Website and the Purchase Services is at your own risk. Everything on the Website and the Purchase Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of C-Mac Industries make any express or implied representation or warranty about the Purchase Services or any products or Purchase Services (including the products or Services of C-Mac Industries) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- 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;
- the accuracy, suitability or currency of any information on the Website, the Products, or any of its Purchase Services related products (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the Purchase Services or any of the products of C-Mac Industries; and
- the Purchase Services or operation in respect to links which are provided for your convenience.
- Any notice to be given to a party must be in writing.
- C-Mac Industries may assign the benefit of these Terms and Conditions to any person.
- Any indulgence or extension of time which C-Mac Industries may grant to you will not prejudice or interfere with C-Mac Industries’ rights under these Terms and Conditions and will not constitute a waiver.
- You are not a partner, joint venture or agent of C-Mac Industries and you are not authorised to hold yourself out as a partner joint venture of or agent of C-Mac Industries or purport to incur any obligation, undertaking or warranty or representation on behalf of C-Mac Industries.
- Any illustrations, drawings, and descriptive matter, including advertisements accompanying a quotation or included in C-Mac Industries’ current catalogues, must be regarded as an approximate representation only and are not binding in detail unless stated to be so in C-Mac Industries’ quotation.
- It is your responsibility to satisfy yourself as the suitability of any product before order.
- Liability
- C-Mac Industries’ 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 resupply of the Services to you.
- You expressly understand and agree that C-Mac Industries, its affiliates, employees, agents, contributors 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.
- C-Mac Industries 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 C-Mac Industries, by third parties or by any of the Purchase Services offered by C-Mac Industries.
- You acknowledge that C-Mac Industries 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 or Delivery Services Providers.
- You and your representatives accept all risk associated with entering C-Mac Industries’ premises and sites.
- Termination of Contract
- The Terms will continue to apply until terminated by either you or by C-Mac Industries as set out below.
- If you want to terminate the Terms, you may do so by:
- providing C-Mac Industries with 30 days' notice of your intention to terminate; and
- closing your accounts for all of the services which you use, where C-Mac Industries has made this option available to you.
Your notice should be sent, in writing, to C-Mac Industries via the 'Contact Page' link on the homepage.
- C-Mac Industries may at any time, terminate the Terms with you if:
- you have breached any provision of the Terms or intend to breach any provision;
- you fail to perform a precondition of the Contract for Delivery of Goods;
- C-Mac Industries is unable to deliver the Goods for 30 days after first attempting delivery;
- you commit an act set out in clause 4(f);
- you purport to assign your rights under this Contract;
- an event occurs outside the control of C-Mac Industries which would reasonably make it impractical or impossible for it to fulfill its obligations under the Contract;
- C-Mac Industries is required to do so by law;
- the partner with whom C-Mac Industries offered the Purchase Services to you has terminated its relationship with C-Mac Industries or ceased to offer the Purchase Services to you;
- C-Mac Industries 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
- the provision of the Purchase Services to you by C-Mac Industries is, in the opinion of C-Mac Industries, no longer commercially viable.
- Subject to local applicable laws, C-Mac Industries 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 C-Mac Industries' name or reputation or violates the rights of those of another party.
- When the Terms come to an end, all of the legal rights, obligations and liabilities that you and C-Mac Industries 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.
- Indemnity
- You agree to indemnify C-Mac Industries, its affiliates, employees, agents, contributors, third party content providers, Website and licensors from and against:
- 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 posted on the Website or provided in catalogues;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
- any breach of the Terms.
- Dispute Resolution
- Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
- Notice:
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
- Resolution:
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
- Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
- The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
- The mediation will be held in Sydney, Australia.
- Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
- Termination of Mediation:
If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
- Venue and Jurisdiction
The Products, Goods and Purchase Services offered by C-Mac Industries is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to C-Mac Industries or its Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of NSW, Australia.
- Governing Law
The Terms are governed by the laws of NSW, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of NSW, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
- Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties have taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
- Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
- About the Website
- The Website provides you with an opportunity to browse and purchase products that have been listed for sale through the website. The Website provides this service by way of granting you access to the content on the Website.
- The Website is operated by C-Mac Industries. Access to and use of the Website, or any of its associated Products or Purchase Services, is provided by C-Mac Industries.
- Acceptance of the Terms
- You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by C-Mac Industries in the user interface.
- Registration to use the Purchase Services
- In order to access the Purchase Services, you must first register for an account through the Website (the 'Account').
- As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
- Email address
- Mailing address
- Telephone number
- Password
- First and last name
- Business Name
- Date of birth
- You warrant that any information you give to C-Mac Industries in the course of completing the registration process will always be accurate, correct and up to date.
- Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms. As a Member, you will be granted immediate access to the Purchase Services.
- You may not use the Purchase Services and may not accept the Terms if:
- you are not of legal age to form a binding contract with C-Mac Industries; or
- you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Product Services.
- Member obligations
- As a Member, you agree to comply with the following:
- you will use the Purchase Services only for purposes that are permitted by:
- the Terms; and
- any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify C-Mac Industries of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of C-Mac Industries providing the Purchase Services;
- you will not use the Purchase Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of C-Mac Industries;
- you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
- you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by C-Mac Industries for any illegal or unauthorised use of the Website; and
- you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
- Online Payment
- Where the option is given to you, you may make payment for the Purchase Services (the 'Services Fee') by way of:
- Stripe - Credit Card Payment ('Credit Card');
- PayPal
- Bank Deposit
- Buyers Credit
- You acknowledge and agree that where a request for the payment of the Purchase Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Purchase Services Fee.
- You agree and acknowledge that C-Mac Industries can vary the Services Fee at any time.
- Email / Phone Orders and Quotations
- All information about the Goods including quotations provided by C-Mac Industries to you are invitations to do business.
- If you send C-Mac Industries a Purchase Order, this will be deemed to be an offer to purchase.
- C-Mac Industries may in its absolute discretion choose to accept or reject your Purchase Order. Such acceptance may be in writing or by the supply of Goods to you.
- Any quotation or other document provided to you by C-Mac Industries may be varied or withdrawn by C-Mac Industries at any time.
- Acceptance of a quotation by a customer must be made within thirty (30) days, failing which the quotation shall be deemed to be withdrawn.
- Quotations are made subject to materials being available upon receipt of the customer’s order.
- All prices quoted are based on current prices of materials, labour rates and quantities requested as of the date of quotation. If any variation in any of these factors, up or down, shall take place before acceptance of the quotation or after such acceptance but before the contract is completed, C-Mac Industries shall be entitled to make a pro-rata adjustment of the prices quoted or agreed upon and the price as so adjusted shall be payable by the customer in lieu of the price quoted or agreed upon.
