TERMS OF USE OF THE WEBSITE

EMYTE Australia Pty Ltd
Registered Office: 23 Cook Rd, Mitcham VIC 3132
Email: sales2@emyte.com.au
Phone: (03) 9874 5266
ABN: 16 603 390 281
ACN: 603 390 281

EMYTE Australia Pty Ltd supplies information on its web pages related to the type of activity, products and services that it provides.

EMYTE Australia reserves the right to update, modify or remove the information held on www.emyte.com.au, even being entitled to restrict or withdraw access to the information without prior notice. EMYTE Australia specially reserves the right to remove, restrict or withdraw access to its website whenever technical difficulties arise through events or circumstances beyond the control of EMYTE Australia which, in its opinion, compromise or remove the standard levels of security adopted for the proper operation of the mentioned website.

Under no circumstances may EMYTE Australia be held responsible for any loss, damage or harm that may arise through access and use of the website, including those arising in data processing systems or those caused by computer viruses and/or attacks. Neither shall EMYTE Australia be liable for damage caused to users due to the improper use of this website, through computer crashes, and interruption, absence or failure of telecommunications.

EMYTE Australia may not be held responsible for the truthfulness, integrity or validity of the information that is generated or provided by other sources, nor of the contents of other websites accessed by means of hyperlink or link from www.emyte.com.au, provided to the user as alternative sources of information, which shall be governed by the terms and conditions of use required by the holders of other websites. Whereby EMYTE Australia accepts no responsibility whatsoever regarding possible damages that may occur through the use of this information. Under no circumstances shall the aforesaid hyperlinks be considered as a recommendation, endorsement or distribution on EMYTE Australia’s behalf of the information, products and/or services, or, in general, content pertaining to third parties, provided by them or spread by them in any way whatsoever.

EMYTE Australia accepts no responsibility for possible discrepancies of a transitory nature that may arise between the version provided by its printed documents and the electronic versions published on its web pages.

The entirety of this website (texts, images, brands, logos, audio files, software files, combinations of colours), as well as the structure, selection and arrangement of its content, is protected by legislation on Intellectual and Industrial Property, and may not be used, reproduced, distributed, modified, publicly disclosed, conveyed or transformed or disseminated in any other way without express permission.

If you believe that our legal compliance model is being infringed and wish to make a complaint, please use our internal reporting channel.

Access to this website does not grant users any right or ownership whatsoever over the rights of the intellectual and/ or industrial property protecting the contents provided by this website.

EMYTE Australia reserves the right to take legal action as appropriate against those who are in breach of or infringe rights of intellectual and/ or industrial property.

SALES CONDITIONS

GENERAL TERMS

These conditions, together with the eventual specific conditions accorded in the contract, apply to all deliveries and all services. The purchase conditions of the customer, if different from those herein established, will not be part of the contract on having accepted the order.

The contracts are concluded, unless otherwise agreed upon by the Parties in writing, by means of written confirmation of the supplier. The General Conditions and / or Specific Conditions of Purchase of the Buyer, cannot, in no case, cancel or replace these General Conditions of Sale.

The acceptance of our offers implies tacitly the acceptance of all the conditions detailed herein, except the special ones that have the agreement in writing, particularly in the same offer or detailed in our acknowledgment of receipt of order, the only documents that oblige us before the Customer. EMYTE Australia has the right of property and the right of intellectual property of samples, budgets, technical documentation and information in material or immaterial form as well as in electronic form; the access of third parties to these documents must be forbidden.

OFFERS AND ORDERS

Except in case of having expressed the opposite, the prices include the merchandise placed in our warehouse, including its loading, but without including the packing nor the transport to the place of receipt, nor taxes, nor commissioning – these will always be at the expense of the customer. All the operations of transport, insurance, handling and delivery are on the account and risk of the Customer.

The offers include only the materials and products expressed in them, available in stock until end of stock, with the term of validity expressed in the same offers.

The studies or offers of material are based on the prices on the date the offer was made, and if, due to changes in the cost of the materials, modification of duties or to any other reason, the level of prices was modified, the prices that would be applied would be those that apply on the date of the delivery, unless the offer is accepted in the term of validity expressed in it.

The prices do not include, unless specific notification, the assembly and the commissioning of the supplied materials, the fluids recommended by the technical services of the suppliers, the containers of the materials, as well as the study of the installation of the different materials. EMYTE Australia may change the price, as a consequence of any law that concerns materials, wages, or the working hours, but also as a consequence of probable changes in the currency exchange rates since it concerns the elements of import.

The orders will not be taken in consideration unless they are provided with the specific amount in our account, foreseen in our Offer, if this condition has been pre-established. The acceptance of the Offer will suppose equally the acceptance without reserve of these General Conditions of Sale.

STUDIES, TECHNICAL DOCUMENTATION

The information related to the offer, as technical documentation, designs, drawings, catalogues and / or any other technical documentation, is only informative and they have as object to give a general image of the materials described in them, they do not form a part of the contract unless written agreement. EMYTE Australia will not accept any type of responsibility for inaccuracy or omission of the above mentioned documentation.

The Customer will always have to do a previous study of compatibility and of assembly of the elements in their installation and will be the only responsible for the putting in conformity of the above mentioned installation with the current regulations. In offers, drawings, schemes and other technical information, we reserve ourselves the right of property and of design, not allowing that these should be facilitated to third parties without our previous written consent.

EMYTE Australia retains the property of the supplied merchandise until full payment of the agreed price. EMYTE Australia also retains the property of the Product’s project, which in no circumstances shall be disclosed or sold to third parties.

ASSEMBLIES AT THE LOCATION (PLANT) OF THE CUSTOMER

The offers of the assemblies done for the customer, in their elected location of work, are considered as an estimate (approximate calculation), due to the particular and special characteristics that they can represent, not being able to give place, except final agreement between the parties, to final prices.

REPAIR

The works of repair will not begin until written acceptance, on the part of the Customer, of the offer and of the conditions established in it. Supposing that the offer is not accepted by the Customer within one month, the expenses derived from the disassembly, storage, survey and freightage will be chargeable to the Customer. If the Customer requests the repair before accepting the offer, the assemblies will be carried out as soon as possible and, for their part, the Customer will have to accept the final cost of the repair.

In case of delivery of new products in exchange for the repair, if this one was out of warranty, the Customer will have to accept the payment corresponding to it. The budgets of repair are always as estimation and should not be considered as final prices.

DELIVERY TERMS

EMYTE Australia reserves the right to reject an order depending on the availability of the products. In this event, EMYTE Australia will communicate it to the Customer as promptly as possible.

The delivery time has to be approved by the contractual parties. The delivery time will be calculated from the date of receipt of the confirmation of the order, when EMYTE Australia will be able to proceed without any interruption. EMYTE Australia will not be responsible for the delays in the supply of all or in part of the goods in case of force majeure, such as natural catastrophes, legal limitations, strikes, etc., or any other reason beyond our control. In case of any of the reasons previously mentioned, the period of delivery will be extensible to the same period of time that lasts the reason that has motivated the delay. Nevertheless, if the period exceeds six months, EMYTE Australia may cancel the part that couldn’t be sent, by previously notifying the Customer in writing.

We do our best to respect the delivery times that are indicated in our offers or in our order confirmations, though it is materially impossible to guarantee completely the above mentioned fulfillment, since we depend on other suppliers and on unexpected circumstances totally beyond our possible control. No sanctions for delay in the foreseen delivery will be accepted.

RIGHT OF PROPERTY

EMYTE Australia maintains the property of the materials (products) until the Customer makes the payment in full of the merchandise.

The Customer is responsible for taking the necessary actions to preserve in good condition the merchandise until it has been paid, must ensure EMYTE Australia of the payment of the same one in case of having being sold to third persons by the Customer.

WARRANTY

Manufacturing Defects and Shipping Damage

If your order arrives with a manufacturing defect or shipping damage, please contact us within 7 calendar days and provide supporting photos. We will arrange a replacement or a full refund accordingly.

Non-Quality Related Returns

For non-quality related returns, items must be unused, in original condition and packaging, and the customer is responsible for return shipping. Refunds are processed within 5–7 business days of receiving the returned goods.

FREIGHT

By merchandise we always mean the one deposited in EMYTE Australia’s warehouse, even in operations conditioned by the delivery at destination and the merchandise will always travel at the account and risk of the Customer, being at their charge, including the additional insurances that could be established and the special permissions it may need. According to Australian packaging and environmental regulations, the person responsible for the delivery of the residues of the packaging and packaging waste, for the correct environmental management, will be the final user.

EMERGENCY DELIVERIES

No matter the type of the transportation used: by plane, courier, express post, special agencies, messengers etc; independently of the amount of the above mentioned service, the Customer will pay all the extra expenses, those of transportations, of shipping, and of communications that the service has caused; this value may not, under no circumstance, be lower than $100 AUD.

SPECIAL ORDERS

Any order of special material, will carry the advance payment of 50% of the amount of the order, as an indispensable condition for its acceptance. The above mentioned amount will always be in favour of EMYTE Australia as compensation in case of cancellation on the part of the Customer, without prejudice of the claims to which they may have right by Law.

MINIMUM SALE

The minimum invoice will be $100 AUD, no matter the amount of the order.

PAYMENTS

The payments have to be made, except express written agreement between the parties, in maximum 30 days from the date of the invoice and previous receipt of the positive reports of credit. If the Customer doesn’t make the payment in time, for a part of the merchandise supplied, EMYTE Australia is authorized to suspend the subsequent deliveries until the Customer executes the due payments. Any bank charges associated with the payment of the merchandise, as well as the expenses of return of it in case of non-payment, will be at the expense of the Customer. In case of delay in the payment and without prejudice of other rights attributed to the seller under Australian legislation in effect, the Customer will pay to EMYTE Australia an interest of monthly delay of 2% starting from the date when the invoice comes to its term.

UNPAID OR POSTPONED INVOICES

Will be at the expense of the Customer:

• The return expenses
• Monthly interests of 1.5%, from the day when the payment has come to its term and wasn’t made, until the date of full payment
• Possible amount (value) of the documentation for new payment terms
• The credit insurance costs

COINCIDENTAL PAYMENTS IN HOLIDAYS

If the client could not attend to the payments that were coinciding with holiday periods, these will move to the same day of the previous month. In case there are fixed days of payment, the term of the invoice will move to the immediately previous working day of payment.

CLAIM AND RETURN OF MATERIAL

EMYTE Australia will not admit any return or claim of material which will not fulfill the following requirements:

• EMYTE Australia should be previously informed
• You have to be authorized for the return of the material. We will authorize you by sending you a return document which will have to be included together with the goods
• In case of free freight cost, you should send the material by means of the transport that EMYTE Australia will confirm to you
• The material has to be in good conditions: Pieces will have to come perfectly packed, identified and separated, never mixed
• There will never be accepted any returned material which is not identified by the number of the return document or which does not fit with that indicated in the above mentioned document
• Providing you a return document number does not mean the final acceptance of the material return. This acceptance will be only final after checking the material and receiving the approval by the appropriate department
• Once the return of material will be accepted, we will proceed to the credit of 80% of the value of the material, providing that the return has not been caused by mistake or by the bad conditions of the material: In this case, we will proceed to the credit of 100% of the amount
• Special fittings and made to order items are non-cancellable and not returnable without written consent of EMYTE Australia
• There will never be accepted any returned material 1 month after invoice date

SOFTWARE USE

If the delivery includes the putting at the disposal of the Customer software, the Customer has the exclusive right to use it, including the attached documentation. The software is provided for use in the object of delivery to which it is destined. It is forbidden the use of this software in any other system. The modification, translation or adjustment of the object code to source code as well as the reproduction of software is only admitted within the legally established limits. The Customer promises not to remove the indications of the manufacturer, especially the indications of the Copyright, without EMYTE Australia’s previous consent. All the other rights on the software and the documentation including the copies, they belong to EMYTE Australia or to the supplier of the software. The concession of sublicenses is not admitted.

GOVERNING LAW AND JURISDICTION

These General Conditions and any agreement between EMYTE Australia and the Customer shall be exclusively governed by Australian laws and the laws of the State of Victoria. The exclusive jurisdiction on any dispute between EMYTE Australia and the Customer shall be the courts of Victoria, Australia. Nevertheless, EMYTE Australia has also the right to bring legal action against the Customer before the courts of the place of business and/or residence of the Customer.

PROTECTION OF INFORMATION

EMYTE Australia considers it a basic objective to guarantee the privacy and confidentiality of the personal data of its Users collected through any system that allows the transmission of data and expresses its commitment to comply with the regulations established in the Privacy Act 1988 (Cth) and the Australian Privacy Principles, taking the necessary security measures to ensure the confidentiality, integrity, availability and avoid its alteration, loss, processing or unauthorised access by third parties.

EMYTE Australia contemplates a specific section on Personal Data Protection and the corresponding relations between the User and EMYTE Australia. See our Privacy Policy.