eiengineering – WEBSITE TERMS OF USE

This site (“site“) is owned and operated by Earthmoving Industry Engineering Pty Ltd ABN 86 133 309 994 trading as eiengineering (“we“, “us“). These terms and conditions apply to your use of this site. In particular, by accessing and/or using our Site or making any purchase on this site, you (“you“) agree to the following terms and our privacy policy.

Terms: Please read these Terms carefully and immediately cease using our Site if you do not agree to them.

Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.

Prohibited conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

  1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
  2. using our Site to defame, harass, threaten, menace or offend any person;
  3. interfering with any user using our Site;
  4. tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
  5. using our Site to send unsolicited email messages; or
  6. facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business. 

Information: The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

Accuracy: We endeavour to ensure that Product descriptions and specifications on the Site are accurate. However, we do not guarantee that the Site is free from human errors in the entry of information. We reserve the right to change any information including but not limited to pricing, specifications, descriptions, or product names without notice.

Availability:

  1. Products are generally noted on the Site as being available, having limited availability or being out of stock.
  2. While Product availability information is updated at frequent intervals, we sell high volumes of stock and cannot guarantee availability. If your Order contains a Product is not available for immediate dispatch, we will contact you to advise you and give you the option of:
    1. Cancelling your Order, or deleting that Product from the Order, in which case we will refund you for the price you paid for the cancelled Product/s, and refund or adjust for any difference in delivery charges (if applicable); or
    2. Placing that Product on back order (if available), in which case we will despatch the Product to you when it becomes available. You must pay in full for the Product before we will place it on back order. We may however elect to cancel the back order for a Product if the Product becomes unavailable permanently or for an extended period, in which case we will refund you for the price and any delivery charges you paid for the Product. Refunds will be issued using the same method as your original payment.

Images: We display images of each Product on the Site and these images are for illustrative purposes only and do not form part of the description of the Product. The images may not be of the actual unit of Product that will be despatched to you. There may be minor differences in some of the Products. Please be aware that colours appear differently on different monitors.

Pricing: You acknowledge that despite our reasonable precautions, Product/s may be listed at an incorrect price, or with incorrect availability or other information, due to typographical errors or oversight. In such circumstances, we reserve the right to cancel your Order, even if your Order has been paid for and previously accepted by us. We will contact you as soon as possible and immediately issue a full refund for any payment you have made for the cancelled Order. We reserve this right up until we deliver the Product. Refunds will be issued using the same method as your original payment.

Placing an Order: Your order is accepted by us when we process your payment, which results in a binding contract between you and us. You will receive emails confirming that each Product in your Order has been paid for and despatched (Confirmation of Payment and Dispatch).

Delivery:

  1. All Products are dispatched from our warehouse in Dandenong South, Victoria and sent via various delivery services.
  2. We will endeavour to dispatch all Orders within one business day where possible, once we have confirmed receipt of payment. However, all despatch times and delivery times are estimates only. We are not liable for late delivery or mis-delivery caused by factors outside our control.
  3. You may grant us or the delivery service an ‘authority to leave’ when placing your Order. If you do, you agree that this authority to leave gives the delivery services we use permission to leave the Products unattended at the delivery address without obtaining a signature confirming delivery. Delivery is then deemed to be completed, and the Products are at your sole risk. Please note that despite having an authority to leave, our delivery service may at its discretion decide that it is not safe or appropriate to leave the Products unattended.
  4. We may not be able to deliver to some locations, and some Products are limited in delivery locations. If this is the case, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
  5. We will not process your Order where:
      1. You have supplied invalid payment or delivery details; or
      2. Payment is delayed or rejected.
  6. If you supply incorrect payment or delivery details, we:
      1. Reserve the right to change or alter an address to the closest matching address on AusPost or Postal databases; or
      2. May take reasonable steps to contact you using the personal details you have provided.However, we will not be held responsible for not fulfilling your Order, nor for being unable to advise you that this is the case.
  7. If a Product is returned to us marked ‘Return to Sender’ because you have supplied us with an incorrect address, or you have failed to collect the Product in a timely manner after being provided with a delivery slip, then:
    1. We will contact you to arrange for redelivery; and
    2. We may require payment of applicable delivery costs before attempting redelivery.

Loss or Damage in Transit:

  1. You should check the Product carefully for damage before signing the delivery docket. Once you have accepted delivery of the Product as being undamaged, you may not be able to make a claim for loss or damage in transit.
  2. To make a claim for loss or damage in transit you must email us at sales@eiengineering.com.au as soon as you become aware that the Product may have been damaged or lost in transit. You will be asked to provide evidence of the damage (eg photos). We will ask our delivery service to investigate any lost items, and their records are prima facie evidence of delivery status.
  3. You authorise us to complete any forms or take any action necessary for lodging a claim with the relevant delivery service or insurance company to make a claim for compensation for loss or damage in transit.
  4. Once we have verified that the Product has been lost or damaged in transit, we may at our sole discretion:
  5. Send you a replacement Product, at our cost; or
  6. Refund you for the price you paid for the Product, plus delivery costs. Refunds will be issued within 5 business days, using the same method as your original payment.

Cancelling an Order:

  1. To cancel an order you must call us immediately on 1300 852 820. Please note that while we monitor emails, we cannot always attend immediately to emails. We cannot cancel orders once the Product has been despatched.

Technical support: If for any reason you are unable to complete your purchase successfully, please contact our technical support at janet@eiengineering.com.au

Payment:

  1. Unless otherwise noted, the prices stated on the Site are in Australian dollars and are inclusive of GST (where payable). Delivery charges are separately calculated and will be displayed prior to payment being required.
  2. You are solely liable for any additional costs or penalties incurred as a result of late payment, or storage, abandonment, disposal or other fees, fines or expenses incurred as result of your delay in picking up a Product from a depot or delivery centre after receiving a delivery slip.
  3. We will not consider any order accepted, and will not despatch any Product, without receiving payment in full.
  4. You undertake and warrant that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.
  5. If your payment is dishonoured or reversed for any reason, you must immediately make the payment again. We reserve the right to delay processing your order or delivering the Product until we receive full payment.
  6. If your payment is dishonoured or reversed for any reason after the Product has been delivered, then without prejudice to any other right or remedy, we may recover the price of the Product together with any other expenses we have incurred, from you as a liquidated debt in a court of tribunal of competent jurisdiction irrespective of any claim that you may have against us for any thing or matter related to the Product.

Refunds

  1. Refunds will only be processed once original products are received, condition assessed and approved for refund.
  2. Approved refunds will be credited to the purchaser’s original payment method.
  3. Faulty items will be assessed by our team and repaired, replaced, or refunded on a case by case basis. We reserve the right to repair if possible.
  4. If we supply you with an incorrect product, we will supply you with the correct product once the incorrect product has been returned. In the event of a wrong product being supplied, you must contact us within 48 hours of receiving your order. The shipping cost incurred will be paid by eiengineering.
  5. If products are damaged in transit, you will need to contact us by email within 48 hours after receiving your order. We will supply you with a replacement product once the damaged product has been returned. The shipping cost incurred will be paid by eiengineering.
  6. Our Refund Policy is in addition to your rights under the Australian Consumer Law. We want you to be 100% satisfied with your order. Please get in touch via janet@eiengineering.com.au with any queries regarding your online purchase or return.

Intellectual Property Rights: Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:

  1. copy or use, in whole or in part, any Content;
  2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
  3. breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

Third party sites: Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites. 

Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties and Disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:

  1. they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
  2. access will be uninterrupted, error-free or free from viruses; or
  3. our Site will be secure.

You read, use and act on our Site and the Content at your own risk.

Limitation of Liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.         

Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction: Your use of our Site and these Terms are governed by the laws of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria, Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia.  If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

For any questions and notices, please contact us at:

Earthmoving Industry Engineering Pty Ltd,   ABN 86 133 309 994   trading as eiengineering
Email: janet@eiengineering.com.au

Last update: May 2020

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