Hobson Engineering Co Pty Ltd

 

Terms & Conditions of Trade

Online Terms of Use

Privacy Policy

 

Terms & Conditions of Trade

 

Definitions

"Australian Consumer Law" means Schedule 2 to the Competition and Consumer Act 2010 (Cth).

"Company" means Hobson Engineering Co Pty Ltd (ACN 000 289 958).

"Customer" means the party placing the Order with or purchasing Products from the Company.

"MTO" includes any Product that has been specially ordered for a Customer (whether locally or from overseas) or which is specially manufactured for the Customer or is not a stocked item.

"Order" means an offer by a Customer to purchase Products from the Company.

"PPS Act" means the Personal Property Securities Act 2009 (Cth) and its associated Regulations as varied from time to time.

"PPSR" refers to the Personal Property Securities Register established under the PPS Act.

"Products" means fasteners, bolts, nuts, allthread rod, screws, anchors, fastening tools and other associated products and services for the mining, construction, oil and manufacturing industries and includes any product or service ordered by the Customer from the Company or supplied by the Company on the Order of the Customer.

"Trading Ts&Cs" means these Terms & Conditions of Trade or the current Terms & Conditions of Trade as varied and applicable from time to time.

"Writing" includes letter, fax, email, SMS and other similar electronic communication methods.

 

1         Sale Terms

1.1     The Trading Ts&Cs apply to all agreements between the Company and the Customer including all Orders or other sales and will prevail over all prior conditions previously agreed between the parties.

1.2     The terms of the Trading Ts&Cs may be varied from time to time by the Company by notice to the Customer. Publication of the amended Trading Ts&Cs on the website of the Company located at www.hobson.com.au will be deemed to be notice of that amendment. The amended Trading Ts&Cs will apply to any Order or part of an Order from the date on which the Company notifies the Customer of that change but such amendments will not affect any sale or services which the Company has already agreed to provide before such notice was given.

1.3     The Company may, but will not otherwise be required nor responsible to notify the Customer of the existence or content of any amendments to the Trading Ts&Cs.

 

2         Order and Acceptance

2.1     Any Order submitted to the Company by a Customer shall be deemed to be made pursuant to the terms of the Trading Ts&Cs.

2.2     Customers who place Orders online via the Company's website are deemed to have accepted the Terms of Use located at www.hobson.com.au

2.3     Any Order placed or made by the Customer for the purchase of the Products shall be an irrevocable offer and shall constitute an unqualified acceptance by the Customer of the Trading Ts&Cs.

2.4     The Company reserves the right to accept or reject any Order for any reason, including without limitation, the unavailability of any Product, an error in the price or the Product description on the Company website, or an error in your Order. The Company may require additional verification or information before accepting any Order.

2.5     The Company may accept any Order in whole or in part by providing confirmation of the Order. Acceptance may be oral or in writing at the Company's discretion.

2.6     Accepted Orders may not be varied or cancelled by the Customer without the Company's written consent and (subject to the conditions set out herein) there is no right of return and where consent is provided may be subject to administrative charges.

2.7     Delivery by the Company of Products pursuant to an Order made by the Customer (whether by single or multiple delivery) will be taken as acceptance by the Company of the Order to the extent Products are delivered.

2.8     The Company reserves the right to substitute Products that are not available for comparable Products of equal or higher specification, unless the order specifies that the Products are "not to be substituted".

 

3         Price

3.1     The price of the Products shall be as agreed in Writing between the parties or where there is no agreed price, the price will be such amount as indicated on invoices provided by the Company to the Customer regarding Products ordered.

3.2     If the Company's cost of supplying the Product increases by more than 10% due to any change in the amount of any GST and other taxes, currency fluctuations, duties, freight and transport charges which may be applicable, the Company may upon the provision of written notice to the Customer at any time before delivery increase the price of the Products by the same amount.

3.3     The Company may charge in addition to the price of the Products the recovery rate for delivery, freight and handling at rates dependent on distance and volume of Products supplied. Such rates are subject to change without notice.

3.4     The Company may set a minimum Order amount.

3.5     Any discount or rebate will only apply if the Customer and the Company agree in Writing.

 

4         Credit granting and payment

4.1     The Company may accept an Order and allow credit for part or all of its value or may accept an Order and require a deposit or pre‑payment as a condition of delivery.

4.2     Credit approval once granted may be withdrawn at any time. Where credit approval has not been granted, or is withdrawn, the Company may require payment for all Products supplied before delivery (cash or cleared funds). Where credit approval has been granted to the Customer, all invoices issued by the Company are due and payable by the date for payment agreed in Writing by the Customer and the Company but if no agreement in Writing is made then thirty (30) days following the end of the month in which a statement is posted to the Customer.

 

5         Credit Policy and Default

5.1   In the event that the Customer fails to make any payment payable pursuant to these Trading Ts&Cs within the payment terms or breaches any of the warranties, obligations or agreements, the Customer shall be in default.

5.2   The Company may charge interest on all amounts not paid by the Customer within the term for payment at a rate of 1.5% per calendar month calculated from the due date and accruing monthly therefrom until the date of payment.

5.3   If the Customer defaults in payment of any invoice when due and payable, the Customer shall indemnify the Company from and against all expenses, costs and disbursements incurred by the Company in pursuing the debt including all reasonably charged legal costs on a "solicitor and own client" basis and the fees charged to the Company by any mercantile agency. If the Customer fails to pay the price by the due date, the Company may at its sole discretion:

(a)                 cancel any provision of credit to the Customer;

(b)                reverse any rebates and discounts allowed;

(c)                 change credit payment terms including require cash pre‑payment for any further Products ordered;

(d)                provide to a credit reporting agency details of the payment default;

(e)                commence legal proceedings against the Customer (and any guarantors) for all outstanding amounts, interest and costs;

(f)                  decline to supply further Products to the Customer and terminate any other agreement with the Customer; and;

(g)                 exercise any other rights at law including pursuant to the PPSA.

5.4   A certificate of debt signed by a representative of the Company prepared with due care and from appropriate records will be prima facie evidence and proof of money owing by the Customer to the Company at the time of certificate.

 

6         Disputed Charges

6.1          If the Customer objects to any invoiced item or amount, the Customer may withhold payment of the disputed amount, but only if on or before payment or the due date for payment (whichever occurs first), the undisputed amount of the invoice is paid in full and notice in Writing of the dispute is given to the Company, setting out the details of the amount disputed, the reasons for the dispute, and the basis for calculating the disputed amount.

6.2          The Company will investigate all disputes. If the amount is found to be payable (in whole or in part) then the Customer must pay the due amount within 7 days of receiving notice of the amount payable by the Customer and the basis of the decision.

6.3          Invoiced amounts that are not objected to in Writing within 30 days of the due date will be deemed to be correctly charged and accepted by the Customer and the Customer waives all claims against the invoice.

7         GST

7.1          Words used in this clause 7 that are defined or used in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the same meaning as in that Act unless the context indicates otherwise.

7.2          Unless expressly included all amounts of consideration expressed or described in any Quotation or agreement the subject of the Trading Ts&Cs are GST exclusive. The Customer must pay an additional amount equal to any applicable GST. The additional amount must be paid when the other consideration is payable or at any earlier time that the Company is obliged to pay or allow credit for the GST.

7.3          Whenever an adjustment event occurs in relation to any taxable supply to which clause 6.2 applies:

(a)           The supplier must determine the amount of the GST component of the consideration payable; and

(b)          If the GST component of that consideration differs from the amount previously paid, the amount of the difference must be paid by, refunded to or credited to the recipient, as applicable; and

(c)           The supplier will issue an Adjustment Note to the recipient.

7.4          If either party is entitled under an agreement the subject of the Trading Ts&Cs to be reimbursed or indemnified by the other party for a cost or expense incurred in connection with such agreement, the reimbursement or indemnity payment must not include any GST component of the cost or expense to the extent that the cost or expense is the consideration for a creditable acquisition made by the party being reimbursed or indemnified, or by its representative member.

7.5          If GST is payable on any taxable supply made by one party (Supplier) to another (Recipient) under an agreement the subject of the Trading Ts&Cs, then the Recipient will not be required to pay any amount to the Supplier in respect of that taxable supply unless it has first received a tax invoice from the Supplier.

7.6          The Company may require any evidence it reasonably requires to establish whether the supply of Products is GST-free or not. Where the Customer represents to the Company that supply of the Products is GST-free because they are being exported, the Customer indemnifies the Company for any GST including penalties that are payable because the supply is not GST-free.

8         Delivery

8.1          Delivery of the Products shall be deemed to have taken place when:

(a)               the Customer takes possession of the Products at the Company's address if the Products are collected; or

(b)               the Products are delivered at the Customer's nominated address (in the event that the Products are delivered by the Company or the Company's nominated carrier); or

(c)                the Customer's nominated carrier takes possession of the Products in which event the carrier shall be deemed to be the Customer's agent.

8.2          The Company's nominated address shall be the address specified in the Commercial Account Application Form or agreed in writing by the Company.

8.3          Delivery of Products may not be refused by the Customer after an Order has been accepted by the Company. Where prices are stated as inclusive of delivery, delivery is to the delivery point accepted by the Company.

8.4          The Customer must make all arrangements necessary to accept delivery of the Products whenever they are tendered for delivery.

8.5          In the event that the Customer is unable or unwilling to accept delivery of the Products as arranged, then the Company shall be entitled to charge all reasonable costs for the return and redelivery.

8.6          Delivery of Products to a third party or place nominated in any way by the Customer is deemed to be delivery to the Customer pursuant to these Trading Ts&Cs.

8.7          The Company shall not be liable for any loss or damage or expense arising from failure by the Company to deliver the Products at a specified time, promptly or at all and the failure of the Company to deliver at a specific time or at all shall not entitle either party to treat this contract as repudiated.

8.8          A Proof of Delivery ("POD") document signed by the Customer or anyone appearing to act on its behalf will be deemed confirmation by the Customer that the delivery of Products is in accordance with the Customer's Order.

 

9         MTO Products

9.1          Subject to clause 17.2, Any MTO Products shall not in any case be eligible for return.

9.2          Orders placed for MTO Products are to be supplied as per quantities run at time of production that may vary by up to 10% of the total quantity in the Order.

9.3          Where MTO Products are held in inventory specifically for the Customer and the Customer:

(a)    notifies the Company that it wishes to terminate its account with the Company and no longer requires the MTO Products held in inventory by the Company; or

(b)   fails to purchase those MTO Products in accordance with its normal terms of trade with the Company for a period of three consecutive months,

then the Customer must buy all remaining inventory of the MTO Products:

(c)    within 10 days of receiving notification from the Company to do so (Notification); and

(d)   at the price payable by the Customer for the MTO Products had the Products been ordered by the Customer from the Company on the date of the Notification.

9.4          If the Customer fails to comply with the Notification, the Company may invoice all of the remaining MTO Products to the Customer and dispose of those MTO Products without liability for any loss or damage suffered by the Customer as a result. The Customer indemnifies the Company and keeps the Company indemnified against all claims, demands, loss, costs and expenses incurred by or made against the Company, arising out of any actual or alleged infringement of patents, copyright, trademarks, design rights or other intellectual property rights, by any logo, design, copyright or other material that the Company may use, print or reproduce at the Customer's request.

 

10     Product Information, Prices, Photos and Images

10.1       All prices, descriptive specifications, illustrations, photos, drawings, data, dimensions and weights supplied by the Company or otherwise contained in catalogues, price lists, advertising or in other printed material of the Company are approximate only and are for general illustration purposes only.

10.2       Such descriptive specifications do not form part of the contractual description of the Products unless agreed to in Writing by the Company.

 

11     Risk and Retention of Title to the Products Pending Payment

11.1       The risk (but not title) in respect of Products sold passes to the Customer immediately upon delivery to the Customer, the Customer's agent or courier as the case may be.

11.2       Legal and beneficial ownership of the Products will remain with the Company and will not pass to the Customer until the Company has received in full (cash or cleared funds) all sums due to it in respect of the Products and all other sums which are or which may become due to the Company from the Customer on any credit or other account with the Company or pursuant to these Trading Ts&Cs.

11.3       Until ownership of the Products has passed to the Customer, the Customer will keep the Products in question as fiduciary agent and bailee for and on behalf of the Company.

11.4       If:

(a)           the Customer fails to pay any amount (whether in part or whole) payable in respect of any Products by the time required for payment; or

(b)          the Customer is the subject of an insolvency event (such as receivership, administration or liquidation);

the Company may, without notice to the Customer, enter at any reasonable time any premises where Products are located (or believed by the Company to be located) and take possession of those Products not paid for and any other Products to the value of the amount owing. The Company's permission to enter the Customer's premises for that purpose is irrevocable. The Company is not liable to the Customer in contract, tort or otherwise, for any costs, damages, expenses or losses incurred by the Customer as a result of any action taken by the Company under this clause.

 

12     PPS Act

12.1                Words in italic will have the meaning and definitions set out in the PPS Act.

12.2                The Customer acknowledges that by virtue of the Trading Ts&Cs the Company has a security interest in the Products and their proceeds and to the extent applicable, the PPS Act applies to any agreement pursuant to the Trading Ts&Cs.

12.3                The Customer acknowledges that the Company may do anything it considers necessary, including but not limited to registering on the PPSR any security interest in the Products which the Company has and including registration as a purchase money security interest (PMSI) in order to perfect the Company's security interest as a first priority interest under the PPS Act. The Customer agrees to do all things including signing any document which the Company reasonably requires to assist the Company to undertake the matters set out above.

12.4                The Customer waives pursuant to section 157(3)(b) of the PPS Act the right to receive notice of a financing statement, financing change statement or a verification statement in relation to any registration on the PPSR.

12.5                The Customer and the Company agree, that pursuant to section 115 of the PPS Act the following provisions in the PPS Act are contracted out of insofar as they require the Company to give any notice or statement or allow any period of time or grant any opportunity to remedy to the Customer:

(a)               sections 95 (removal of accession), 96 (retention of accession);

(b)               section 125 (obligation to dispose of or to retain collateral);

(c)                section 129 (disposal by purchase);

(d)               section 130 (notice of disposal), to the extent that it requires the secured party to give a notice to the grantor before disposal;

(e)               subsection 132(4) (statement of account if no disposal);

(f)                section 135 (notice of retention);

(g)               section 142 (redemption of collateral);

(h)               section 143 (reinstatement of security agreement).

12.6                Solely to preserve their confidentiality, to the extent allowed under section 275 of the PPS Act, the Customer and Company agree that neither will disclose information if requested by a third party under section 275(1) of the PPS Act.

12.7                The Customer agrees that any rights of the Company under this document are in addition to and not in substitution for its rights under the PPS Act.

12.8                The Customer must not without the Company's consent specify an order of application of payments made to the Company different to that set out in section 14 of the PPS Act or different to any other order specified by the Company at any time.

12.9                The Customer undertakes to give the Company not less than 14 days prior notice of any proposed change in the Customer's name or any other change in the Customer's details (including, but not limited to, changes in its address, phone or facsimile number and trading name).

13     Currency

13.1       For amounts invoiced in Australian dollars, payments must be made in Australian dollars. Payments remitted in foreign currency must include all related bank charges and currency conversion costs both on the payment and receiving end.

13.2       For amounts invoiced in currency other than Australian Dollars, payments must be made in the currency advised by the Company and must include all related bank charges and currency conversion costs both on the payment and receiving end, if applicable.

 

14     Credit Card recovery of costs

14.1       A service fee sufficient to cover the Company's banking cost may be added to the price where payment by the Customer is made by way of a credit card.

 

15     Recovery

15.1       Notwithstanding any other provision to the contrary, if any amount is not paid by the Customer within the terms for payment, the Company reserves the following rights in relation to the Products until all amounts owed by the Customer to the Company in respect of the Products and all other Products supplied to the Customer by the Company at any time are fully paid:

(a)    legal and equitable ownership of the Products;

(b)   to retake possession of the Products; and

(c)    to keep or resell any of the Products repossessed.

15.2       The Customer hereby grants full leave and irrevocable license without any liability to the Company and any person authorised by the Company to enter any premises by any means where the Products may for the time being be placed or stored for the purpose of retaking possession of the Products.

16     Defects, Claims and Returns

16.1       Refunds or returns will only be given to the extent there is a non-excludable right to return or refund under the Australian Consumer Law or other applicable legislation.

16.2       Subject to clause 17.2, the Customer accepts that minor defects in the Products do not constitute grounds for a claim or return.

16.3       The Customer accepts that Products sold on a "No Return" basis may not be returned. Refunds or return will only be given to the extent there is a non-excludable right to return or refund under the Australian Consumer Law or the Sale of Goods Act NSW or other applicable legislation.

16.4       No Return Products include promotional Products, Products with non-standard packaging, Products that have passed or are within 30 days of their stated expiry date and MTO Products as well as any other Product nominated by the Company as a "No Return" Product.

16.5       Subject to clause 17.2:

(a)    The Customer will inspect and check all Products received and within 7 days of receipt notify the Company in Writing of any shortage in quantity, defect, incorrect specification, damage or Products not in accordance with the Customer's Order. The Customer is responsible for checking that Products comply with those Ordered prior to use. After use or expiry of the time stated herein the Product shall be deemed to be free from any default or damage at delivery.

(b)   The Customer agrees that it will not return any of the Products without first informing the Company so that a Returns Authorisation ("RA") number is issued by the Company for valid returns. The RA is valid for 14 days. Returned Products must be unmarked, in a saleable condition and must include the original packaging, delivery document and invoice. Part pack quantities will not be accepted.

(c)    No credit or replacement will be given unless and until Products so returned have been verified as being valid for return or are defective and are returned with a valid RA number. The Company reserves the right to recover its costs where the returned Products prove not to be valid for return or are not defective. Returned Products must be returned to the factory or branch of the Company from which they were delivered unless written authorisation is received from the Company to return the Products to the closest branch. All freight, handling and other charges in relation to returning Products (other than Products defective or not ordered) are the responsibility of the Customer.

(d)   The Customer shall be liable for a Restocking Fee on all Products accepted for return. The Restocking Fee shall not apply to Products returned for being defective, damaged or for failing to comply with the Order. The current Restocking Fee is the higher of 15% of the price of the Products returned or $20.

(e)   The Company may accept at its sole discretion a written request from the Customer to return Products correctly ordered, not defective and not otherwise valid for return. If accepted a Returns Authorisation ("RA") number is issued by the Company. Credit will be passed at the lower of the original purchase price and the current sales price, less the Restocking fee.

 

17     Warranties, Disclaimer and Limitation of Liability

17.1       Subject to clause 17.2 and except as expressly provided in the Trading Ts&Cs or as set out in the Company's acceptance, and to the extent permitted by law, no guarantee, warranty, condition, undertaking or term, express or implied, statutory or otherwise, as to the condition, quality, performance, aesthetic appearance, merchantability or fitness for purpose of any Products provided pursuant to the Trading Ts&Cs is given or assumed by the Company and all such guarantees, conditions, warranties and liabilities (including liability as to negligence) express or implied relating to such Products are hereby excluded.

17.2       The Company acknowledges that certain legislation in Australia, including the Australian Consumer Law, provides guarantees and rights which cannot be excluded, restricted or modified or which may in certain cases only be modified or restricted to a limited extent. Nothing in these terms and conditions excludes, restricts or modifies, or is intended to exclude, restrict or modify, any guarantee, condition, warranty, right or liability implied by law (including any guarantee, condition, right or liability imposed under the Australian Consumer Law) to the extent it cannot lawfully be excluded, restricted or modified.

17.3       Subject to clause 17.2 and to the full extent permitted by law, the liability of the Company in respect of a breach of a guarantee, condition or warranty implied by legislation (other than any non-excludable implied guarantees, conditions or warranties), including liability for any consequential loss which the Customer or any other entity or person may sustain or incur, will be limited, at the Company's option, to:

                                             i.            if the breach relates to supply of goods:

a)      the provision of a refund;

b)      replacement of the goods;

c)       repair of the goods; or

d)      the payment to the Customer of the reasonable cost of having the goods repaired or replaced.

                                           ii.            if the breach relates to services:

a)      the provision of a refund; or

b)      re-supply of the services; or

c)       the payment to the Customer of the reasonable cost of having the services re-supplied.

17.4       The Customer acknowledges and agrees that in entering into an agreement the subject of the Trading Ts&Cs it has not relied in any way on the Company's representations and that it has satisfied itself as to the suitability of the Products for the Customer's purposes.

17.5       Subject to clause 17.2, and to the full extent permitted by law the Company will not be liable to the Customer for any loss or damage including loss of profits or any other indirect or consequential loss or damage, arising directly or indirectly, and whether or not as a result of negligence, in any way in respect of anything done or supplied under the Trading Ts&Cs including:

(a)           the supply to or use by the Customer of any Product; or

(b)          delayed or non-delivery of the Products for any reason including but not limited to loss, damage, theft of the Products whilst in transit; or

(c)           any breach by the Company of its obligations under an agreement the subject of the Trading Ts&Cs.

17.6       The Customer acknowledges and agrees, subject to clause 17.2, that the Products may include goods including substances which are inherently dangerous and have limited shelf life. The Customer:

(a)    agrees to ensure that its employees and contractors:

                                                           i.            use and handle all such Products with appropriate care and in accordance with applicable standards and practices for such goods, and in accordance with applicable workplace health and safety law, and

                                                         ii.            follow the Company's directions, warnings and expiry dates where applicable in relation to the Products.

(b)   warrants to the Company that it is familiar with all such laws, standards and requirements.

(c)    must ensure that all its staff and contractors are given adequate briefing and instruction in relation to the above matters.

(d)   indemnifies the Company for any liability to the extent arising from a breach of its obligations under this clause.

17.7       The Customer acknowledges and agrees that the Products may be shipped and delivered using heavy vehicles. The Customer:

(a)    agrees to ensure that its employees and contractors comply with applicable heavy vehicle law;

(b)   must ensure that all its staff and contractors are given adequate briefing and instruction in relation to the above matters; and

(c)    indemnifies the Company for any liability to the extent arising from a breach of its obligations under this clause.

 

18     Set-off and Assignment

18.1       The Customer is not entitled to set off against or deduct from the price of Products sold any sums owed or claimed to be owed to the Customer by the Company.

18.2       The Customer must not assign or subcontract any contract for the purchase of Products or its rights or obligations under an agreement the subject of the Trading Ts&Cs without the prior written consent of the Company.

 

19     Force Majeure

19.1       The Company will have no liability to the Customer in relation to any loss, damage or expense caused by the Company's failure to complete an order or delivery or contract as a result of fire, flood, tempest, earthquake, riot, civil disturbance, theft, crime, strike, lock‑out, war or the inability of the Company's suppliers to supply necessary materials or any other matter beyond the Company's control.

 

20     Privacy consent

20.1       The Company collects, uses, stores and discloses personal information in accordance with the Company's Privacy Policy, which the Customer acknowledges it has had an opportunity to read and understand. The Customer can access the current policy from the Company's web site located at www.hobson.com.au, or by contacting the Company's privacy officer at accounts@hobson.com.au

20.2       The Company may give information to third parties about the Customer, its guarantors, directors or proprietors in accordance with the Company's Privacy Policy, including for the following purposes:

(a)           to obtain a consumer credit report about the Customer, its guarantors, directors or proprietors;

(b)          to allow the credit reporting agency to create or maintain a credit information file containing information about the Customer, its guarantors, directors or proprietors;

(c)           for registration on the PPSR or other public records or registers; and

(d)          to obtain commercial credit information about the Customer, its guarantors, directors or proprietors from a credit reporting agency.

21     Waiver of terms of agreement

21.1       The failure or indulgences by the Company to exercise, or delay in exercising, any right, power or privilege available to it under this agreement will not operate as a waiver thereof or preclude any other or further exercise thereof or the exercise of any right or power and the Company shall be entitled to require strict compliance at all times.

22     Proper Law

22.1       The agreement is governed by and will be construed in accordance with the laws of the State of New South Wales, Australia.

22.2       The parties agree to submit to the exclusive jurisdiction of the Courts of the State of NSW if the Magistrates Court has jurisdiction the parties consent to the exclusive jurisdiction of the Magistrates Court closest to the Company's place of business.

22.3       Any agreement formed pursuant to the Trading Ts&Cs shall be deemed to have been entered into at the Company's place of business.

 

23     General

23.1       This document represents the entire agreement between the parties and no agreement or understanding varying or extending the terms of these Trading Ts&Cs shall be legally binding upon either party unless in writing and signed by both Parties or allowed by these Trading Ts&Cs.

23.2       The Company may serve any notice or Court document on the Customer by hand or by forwarding it by post to the address of the Customer last known to the Company, or where a fax number or an email address has been supplied by the Customer, by sending it to that number or address. Such notices shall be deemed to be given:

(a)                where delivered by hand, on the day of delivery;

(b)               where sent by post, two (2) business days after the day of posting; and

(c)                where sent by facsimile or email on the day of dispatch, provided that a clear transmission report is obtained.

23.3       If any term of this agreement shall be invalid, void, illegal or unenforceable, they shall be severed from the agreement and the remaining provisions shall not be affected, prejudiced or impaired by such severance.

23.4       The Company may assign or licence or subcontract all or any parts of its rights and obligations hereunder without the Customer's agreement or consent.

23.5       In the event that the Customer sells or otherwise disposes of its business (or any part thereof), the Customer shall be responsible to immediately notify the Company in writing of such sale to enable the account to be closed. If the Customer fails to so notify then the Customer shall be jointly and severally liable with the third party acquiring the business (or part thereof) to the Company for the payment of Products subsequently sold to the third party on the Customer's account before the Company received such notice as if the Customer had ordered the Products itself.

 

 

Online Terms of Use

 

Hobson Engineering Co Pty Ltd (ACN 000 289 958) ("Company") welcomes you, the viewer and use of this website.

 

By using or accessing this website you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions ("Terms of Use"). As a condition of your use of this website, you warrant to the Company that you will not use this website for any purpose prohibited by these Terms of Use. If you have a complaint about any of the content that may be published on this website, or if you can't find the information you need, please make an enquiry via the contact page or phone 02 8818 0222 and get help from a Customer Service representative. If you do not agree to these Terms of Use, as updated or amended, please do not use this website.

1.1   General Use Terms

Unless otherwise specified or required by the context, any reference on this website (including in any disclaimer) to 'the Company', 'Hobson' or 'Hobson Engineering' is a reference to Hobson Engineering Co Pty Ltd ACN 000 289 958 and each of its related bodies corporate, or such of its related bodies corporate as the context requires.

 

The Company controls and operates this website (excluding any linked third party sites) from its offices within Australia. If you choose to access this website from another location, you must ensure that your access to this website is not illegal or prohibited by laws which apply to you or in your location.

 

All content of the pages of this website is for general information and use only and is subject to change without notice. Every effort is made to keep the website up and running smoothly. However, to the maximum extent permitted by law, the Company accepts no responsibility for, and will not be liable for, any loss or damage (including for any indirect or consequential loss) relating to access or use of this website including the use or misuse of the information provided on this website.

 

1.2   Revisions of Terms of Use

The Company may revise or amend these Terms of Use at any time in its absolute discretion by posting revised terms on this website. Any amendment of these Terms of Use will be effective immediately. By continuing to use this website after any amendment becomes effective, you agree to be bound by these Terms of Use as so revised. You should therefore periodically visit this website to determine the then current Terms of Use to which you are bound. You agree that, in the event that any provision of these Terms of Use is found to be unenforceable, such provision will be severed and the remainder of these Terms of Use remain in full force and effect.

1.3   Website Contents, Ownership & Use Restrictions

The material on this website is protected by copyright under the laws of Australia and other countries through international treaties.

 

Unless otherwise indicated, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support this website including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as the "Content") are owned, licensed or controlled, and are reserved, by the Company and its related companies, affiliates, licensors and licensees.

 

The names 'Hobson Engineering' and 'HEC' are registered trademarks of the Company.

Nothing contained on this website should be construed as granting any licence or right of use of any Content which is displayed on this website without the express written permission of the relevant owner.

1.4   Permitted Use of this website

The Company grants you a limited licence to display, copy, download, and print in hard copy portions of this website solely for the proper and reasonable purposes of:

• for your own personal use or to inform others (for their personal use) about the Company's business or products;

• placing an Order with the Company; or

• using this website as a technical resource, provided that you do not modify the website and that the Company retains all copyright and other proprietary notices contained in the Contents.

(together, the "Permitted Uses")

You must not, without the Company's prior written consent, reproduce, alter, modify or disseminate the information in this website for commercial purposes or other purposes that are not expressly permitted under these Terms of Use. If you wish to use the Content other than for personal, non-commercial use, please contact the Company for further information.

1.5   Unauthorised use of this website

Any use of this website beyond the Permitted Uses is prohibited constitutes unauthorised use of this website. You are not authorised, without the prior written permission of the Company and each other owner of rights in Content that you access via this website, to reproduce, frame, download, store (in any medium), communicate, show or play in public, adapt, change, or create a derivative work from that Content.

 

Any unauthorised use of this website and its Contents will automatically terminate the licence granted above.

1.6   Protecting Your Log on Details

You will need to register to use certain parts of this website. When registering, you will be issued with a username and password by the Company. You must keep your user name and password safe and must not disclose this information to any third party. You are liable for all activity on any device carried out under this password and user name. You agree to release and indemnify the Company in connection with any use of your user name or password. The Company may restrict, suspend or cancel your account and access to restricted sections of this website at any time without prior notice if you breach the Terms of Use. If you become aware of any unauthorised use of your account please notify the Company immediately.

1.7   Contributing Content

You are responsible for all content you:

(a)    contribute to this website, including text, photos, videos, audio and links; or

(b)   submit to the Company via email or otherwise,

(Your Content).

By contributing Your Content, you grant the Company an irrevocable, royalty free, non-exclusive licence to use Your Content in any way that the Company wishes. .

You confirm that you own or have the right to use any copyright material included in Your Content (including music, photos, quotes and excerpts of video or audio), that you have the permission of anyone appearing or performing in Your Content and that you are not infringing any person's rights by submitting such content to the Company.

 

If the Company suspends or terminates your account for any reason, Your Content may continue to be available online and used by the Company after such suspension or termination.

1.8   General Prohibitions

You must not upload, post, transmit or otherwise make available through this website any material which:

• Violates or infringes the rights of others (including their privacy and intellectual property rights);

• Is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;

• Encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;

• Restricts or inhibits any other user from using or enjoying this website;

• Affects the functionality or operation of this website or its servers or the functionality or operation of any user's computer systems (e.g. by transmitting a computer virus or other harmful component, whether or not knowingly); or

• Breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities that require the Company to take remedial action under any applicable industry code.

1.9   Indemnity

You agree to indemnify and will keep the Company indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by the Company as a result of or in connection with your use of this website, your breach of these Terms of Use or your breach of any rights of third parties. The Company reserves the right to assume the defence and control of any matter subject to the indemnity contained in this clause and you agree to provide all assistance as reasonably requested by the Company in the defence of such claim.

1.10            Disclaimer

The Content contained on this website is provided by the Company in good faith and on an 'as is' basis and use of this website is at your own risk. The Content is believed to be accurate, complete, current and reliable at the date it was placed on this website. The Company and its related companies, affiliates, licensors or licensees, and their respective directors, officers, employees or agents make no representation or warranty as to the accuracy, completeness, currency or reliability of the Content contained on this website (including in relation to any products or services) or that this website is free from any computer viruses or other defects, or that your access to this website will be uninterrupted, secure or error free.

1.11            Limitation of liability

Nothing in these terms of use is or should be interpreted as an attempt to modify, limit or exclude any right or remedy, or any guarantee, term, condition, warranty, undertaking, inducement or representation, implied or imposed by legislation which cannot be modified, limited or excluded.

 

We exclude to the extent permitted by law all other guarantees, terms, conditions, warranties, undertakings, inducements or representations whether express or implied, statutory or otherwise, which would otherwise be implied into these terms of use concerning the activities covered by these terms of use.

 

You agree that you do not rely on any guarantee, term, condition, warranty, undertaking, inducement or representation made by us or on our behalf which is not expressly stated in these terms of use. In particular, we make no warranty or representation that this website will always be available, accessible, secure or operate without error.

 

Where any legislation implies or imposes a guarantee, term, condition, warranty, undertaking, inducement or representation in relation to these terms of use and we are not able to exclude that guarantee, term, condition, warranty, undertaking, inducement or representation (Non-Excludable Provision), and we are able to limit your remedy for a breach of the Non-Excludable Provision, then the our liability for breach of the Non-Excludable Provision is limited to (at our election):

 

(a)    in the case of goods, the repair or replacement of the goods or the supply of equivalent goods (or the payment of the cost of doing so); and

(b)   in the case of services, the supplying of the services again (or the payment of the cost of doing so).

Subject to our obligations under the Non-Excludable Provisions:

 

(a)    we do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any loss arising out of your use of or reliance on Content; and

(b)   we are not liable to you or any third party for any economic loss, loss of actual or anticipated profits, loss of revenue, loss of savings, loss of production, loss of business, loss of opportunity, loss of access to markets, loss of goodwill, loss of reputation, loss of credit, loss of publicity, loss of data, loss of use, loss of interest or loss arising from business interruption or any special, indirect, consequential, incidental, punitive, exemplary or unforeseeable loss or any similar loss arising in connection with any use or access, or any inability to use or access, or misuse by you or any other party, of this website or otherwise in connection with any Content, whether arising in or for breach of contract, negligence or other tort, breach of statutory duty, breach of warranty or guarantee, under an indemnity or otherwise and whether or not that loss was foreseeable, even if we have been advised of the possibility of such loss.

1.12            Online purchase

All purchases made through this website will be subject to the Company's Terms and Conditions of Trade.

1.13            Third Party Links

The website may include links to Linked Websites. These links are provided for your convenience only to provide further contact or information. These links may not remain current or be maintained. The inclusion of a Linked Website should not be construed as any endorsement, approval, recommendation or preference by the Company of the owners or operator of the Linked Website or for any information, product or service referred to on the Linked Website. The Company has no responsibility for or control over the content of the Linked Websites or their availability.

 

Your use of any Linked Website is entirely at your own risk and you will be bound by the terms and conditions (if any) posted on the Linked Website and not by these Terms of Use. The Company is not responsible for the privacy practices of any third party social media or other service providers that you can access through this website.

1.14            Governing Law

The laws of the State of New South Wales, Australia shall govern these Terms of Use and by using this website you hereby agree to submit to the jurisdiction of the courts of New South Wales, Australia in respect of any proceedings in connection with these Terms of Use or this website.

1.15            Privacy

Personal information provided to the Company via this website will be handled in accordance with the Company's Privacy Policy.

 

 

 

 

Privacy Policy

 

Hobson Engineering Co Pty Ltd (ACN 000 289 958) and its related companies (together we, us, our and other similar expressions) are committed to protecting your personal privacy. This Privacy Policy tells you how we collect, store, use and disclose your personal information. We encourage you to read this policy carefully so that you understand our information handling practices.

 

We are bound by the Australian Privacy Principles (APPs) in the Privacy Act 1988 (the Act). We have adopted internal policies and procedures to ensure that personal information that we collect, store, use and disclose is dealt with in accordance with the APPs. You can see the full text of the APPs online at www.privacy.gov.au

 

Information we collect

 

In order to provide our customers with our products and services, we may collect and use personal information about you and others. If we are not provided with all the personal information we request, we may not be able to supply our products and services.

 

The type of information we collect includes names, addresses, email addresses, credit card details (if you buy products or services from us), drivers licence and other contact details.

 

How we collect personal information

 

Generally, we collect an individual's personal information from that individual. For example when you send us a message through our website, by email or any other way.

 

Please note that the transmission of information via the internet is not completely secure.  Although we take reasonable precautions to make sure your personal information is not inappropriately lost, misused, accessed, disclosed or altered after we receive it, we cannot guarantee the security of your personal information transmitted through our website, by email or other mobile devices. Any transmission of personal information is at your own risk.

 

How we store personal information

 

We take all reasonable steps to keep secure any personal information which we hold about you and to protect your personal information from loss, misuse or unauthorised alteration. Any personal information you provide to us is stored on secure servers. Access to personal information is limited to those of our personnel who specifically need it to carry out their business responsibilities. We also maintain physical security procedures to manage and protect the use and storage of records containing personal information.

 

To help us protect your privacy, you should maintain the secrecy of the access credentials (ie. user name and password) you use to access and use our website.

 

Purpose of collection

We collect personal information so we can:

• identify our customers, potential customers and their representatives;

• inform you or others of any initiatives we think may be of interest to you or them;

• inform you or others about our products and services and the benefits of using our products and services;

• provide you or others with information about offers or other benefits that may become available;

• seek your opinion or comments about our products and services;

• carry out billing and/or debt recovery activities;

• carry out our management, administrative quality assurance and complaint handling activities in a professional and efficient manner; and

• develop and implement initiatives to improve our products and services.

 

Use and Disclosure

 

We use and disclose the personal information we collect for the purposes indicated above, and for other secondary purposes.

 

We usually disclose the personal information we collect to our related entities, service providers and contractors, who help us supply our products and services.

 

Except where indicated above, we will not use or disclose personal information unless:

 

• the individual concerned has consented to the use and disclosure;

• the third party is our service provider or contractor, in which case we will require them to use and disclose the personal information only for the purpose for which it was provided to them;

• the third party is a person involved in a dealing or proposed dealing (including a sale) of all or part of our assets and business;

• the third party is a credit reporting agency, your creditor, banker, financier, credit provider, mortgage insurer or trade insurer;

• the disclosure is to a related body corporate; or

• the disclosure is permitted, required or authorised by or under law.

 

Marketing

 

We may use personal information to advise the individual concerned of new products and marketing initiatives that we think may be of interest to them. This may include product and service offerings, newsletters and general information about us.

 

Those who prefer not to receive information about our products and services can ask to be removed from the relevant circulation list by contacting contact us, using the details listed below.

 

We never disclose personal information to a third party for the purpose of allowing them to direct market their products or service on an individual, unless individuals have expressly consented to that disclosure.

 

Access

 

If at any time you want to know what personal information we hold about you, you are welcome to request access to that information by contacting us, using the details listed below. However, we may deny your request for access where:

• the access impacts on the privacy of others;

• the request for access is frivolous or vexatious;

• there are existing or anticipated legal proceedings; or

• such access can be denied under law or by a law enforcement agency.

 

Quality & correction

 

At all times we strive to ensure that the information we hold about you is accurate, complete and up-to-date. If at any time you believe the personal information that we hold about you is incorrect, incomplete or inaccurate, you should let us know. We will use all reasonable efforts to correct the information.

 

Website & cookies


A cookie is a small amount of information sent from a Web server to your computer. We use cookies when someone logs on to our website to maintain that log on, to retain log on information if requested, and for the service of our Shopping Cart.
We do not use cookies for marketing, promotional or advertising purposes, nor do we use cookies to track your Internet activity before or after you leave Hobson Engineering. Any activity while you are at hobson.com.au may be monitored.

 

 

Changes to our Privacy Policy

 

As our business evolves our business processes and policies will be reviewed and may be revised. We may change our Privacy Policy at any time. We will notify you of any change by posting an updated version of our Privacy Policy on our website. It is your responsibility to check our website and make sure you keep up-to-date with any changes to this policy.

 

Complaints

 

We are committed to constantly improving our procedures so that personal information is treated appropriately. If you feel that we have failed to deal with your personal information in accordance with the APPs or this policy, please contact us, using the details listed below, so we have an opportunity to resolve the issue to your satisfaction.

 

We will log your complaint and our privacy officer will:

 

• listen to your concerns and grievances;

• discuss with you the ways in which we can remedy the situation; and

• put in place an action plan to resolve your complaint and improve our information handling procedures if appropriate.

 

No disclosure to overseas recipients

 

We are not likely to disclose personal information to overseas recipients.

 

Contact us

 

If you require more detailed information about our information handling practices or if you have any concerns about our handling of your personal information, please let us know by contacting us at:

Privacy Officer

Hobson Engineering Co Pty Limited

Email: privacyofficer@hobson.com.au

 

 

We will endeavour to respond to your concerns as quickly as possible.