Terms & Conditions

TERMS AND CONDITIONS OF SALES

In these Terms and Conditions “we” and “us” mean Prime Industrial Products Pty Ltd ACN 131 559 772 of 69 Craigie Street, Bunbury, Western Australia 6230 (“PRIME”), and “you” means you the customer. “Website” means this website and any associated pages or sites owned and/or operated by PRIME. These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of Products. By accessing and/or using the website (including by placing an Order online or in-store), you accept these Terms and Conditions and agree to be bound by them, an agreement is formed between us. These Terms and Conditions may only be amended by PRIME and may be amended by PRIME at any time without notice to you.

International Sales

We will only sell and ship Products within Australia. We will not make deliveries outside of Australia.

Legal Capacity

If you are under the age eighteen (18) years you cannot place orders with PRIME. By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. PRIME reserves the right to take legal action and seek compensation from any parent or guardian of a minor who causes an order to be placed, for any loss or damage PRIME may suffer as a result of a transaction entered into by a minor.

Placing Your Order

You may place an Order by completing the Order Form on the PRIME Web Site and clicking the “Submit” button. By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions. No information on our website constitutes or should be deemed as an offer by us to supply any Products, however PRIME will make every effort to supply the Products to you. We will notify you that your order is being processed by sending you an Order Confirmation and tax invoice via email, however we do not formally accept your offer until we are satisfied of the bona fides of each order placed and have received payment in full. PRIME reserve the right to refuse service, remove or edit content, or cancel orders in their sole discretion. We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we cannot process or accept your Order after payment is received we will contact you by email or telephone to make arrangements for the refund of your payment.

PRIME may act on and process all completed electronic instructions transmitted or issued through the website without further consent from you and PRIME may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.

Payment Methods And Processing

PRIME currently accepts Visa and Mastercard only. Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day. Business days are Monday through Friday, excluding Western Australia Public holidays. We process credit card payments after you click the “Submit” button. We will email a tax invoice to you with your Order Confirmation. Your tax invoice is your proof of purchase. Please Note that we are unable to accept credit cards issued by banks outside of Australia and you may be required to provide us with further identification for security purposes.

Prices

PRIME reserves the right to change prices for Products listed on our website at any time. The price of Products shown excludes any shipping costs. Where applicable, shipping costs are shown separately on the product page but may be recalculated based on how many and what items you place in your shopping cart. PRIME purchases include GST. Prices shown are in Australian dollars.
Although we endeavor to ensure all stated prices on this website are accurate, errors do occur occasionally. Where a pricing error has occurred, PRIME will not be bound by the incorrect pricing stated and reserve the right to cancel your purchase (subject to applicable law that cannot be excluded).
Once an order has been processed and if our freight costs are considerably higher, you will be contacted to discuss any additional shipping charges. A full refund (where applicable) will be issued if you choose not to accept the additional charges.

Delivery of Your Products

Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation. When your Order items have been dispatched, we will attempt to email or SMS you to confirm shipment of each item. Delivery time takes up to 15 working days from the date your payment is received. Although every effort is made to ship your Order according to this estimated delivery time, delivery times may vary due to changes in supply or circumstances beyond our control. If your Product has not arrived after the estimated delivery time, please contact us. We do not guarantee that we will deliver within this time frame. Title in the Products and risk of loss or damage to all Products will pass to you on upon leaving PRIME’s warehouse. The delivery address must be an address within Australia and cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes.

Images and Specifications

Product images and photos are for illustrative purposes only and may differ from the actual product.  Specifications, dimensions, weights and any other product information may be subject to change by the manufacturer without notice.

Consumer Guarantees

Some Products sold through PRIME are supported with a guarantee or warranty from the manufacturer. In addition, consumer guarantees apply under the Australian Consumer Law. Nothing in these Terms and Conditions excludes the application of those guarantees. For more information about your rights as a consumer, see the Australian Consumer Law website at www.consumerlaw.gov.au.

Our Warranty

You shall, within seven (7) days of the supply of any Product by us (time being of the essence), notify us of any alleged defect, error, omission, shortage in quantity, damage or failure to comply with the description. You shall afford us an opportunity to inspect the alleged defect, error, omission, shortage in quantity, damage or failure to comply within a reasonable time of receiving notification. If you fail to give notice in accordance with these Terms and Conditions, the Product shall be presumed to be free from any defect, error, omission, shortage in quantity, damage or failure to comply. Our Products will not be accepted for return other than in accordance with the provision of these Terms and Conditions.

Refunds and Returns

We are not required to provide a refund or replacement if you change your mind.
But you can choose a refund or exchange if an item has a major problem.  This is when the item:
• has a problem that would have stopped someone from buying the item if they had known about it
• is unsafe
• is significantly different from the sample or description
• doesn’t do what we said it would, or what you asked for and can’t be easily fixed.
If the problem is not major, we will repair the item within a reasonable time. If it is not repaired in a reasonable time
you can choose a refund or replacement.
Please keep your proof of purchase – e.g. your receipt.

Change of mind refunds or returns are at the discretion of the company and restocking fees may apply.

Limitation of Liability

To the extent permitted by the law the liability of PRIME whether in contract or in tort, in respect of all claims for loss, damage or injury arising from a breach of any of PRIME’s obligations arising under these Terms and Conditions, any contract thereunder or this website, from any negligence of any act, matter or thing done or permitted to be done by PRIME, its servants, agents and contractors shall not in the aggregate exceed the price of the Product purchased by you. Where so permitted, under no circumstances will we be liable for any loss of profits or any consequential, indirect or special loss, damage or injury of any kind whatsoever suffered by you or your servants, agents and contractors and you acknowledges this express limit of liability and agree to limit any claim accordingly. Except as provided herein, all express and implied warranties and guarantees in respect of the supply of any Products are hereby expressly excluded and we shall not be liable for loss or damage (including consequential loss or damage) of any kind arising in connection with the supply of any Products or the use of this website.

Indemnity

You shall at all times indemnify and keep indemnified PRIME, its officers, employees and agents from and against any Loss including, but not limited to:

  • Legal costs and expenses on a full indemnity basis;
  • Loss (including consequential loss) in relation to property;
  • Loss in respect of personal injury, disease, illness or death;
  • Economic loss; and
  • Loss in relation to the environment;
    caused or contributed by a breach by you of these Terms and Conditions and any contract made thereunder, or any wilful, unlawful or negligent act or omission by you, your employees and agents.

“Loss” means damage, loss, cost, expense or liability (whether actual or contingent).

Your Personal Information

By placing your Order, you agree that we may store, process and use personal information collected from you for the purposes of processing and delivering your Order. If you indicate on the appropriate section of your Order Form, you also agree that we may use such information, other than credit card details, in order to provide you with information from time to time on other PRIME Products that may be of interest to you. If you do not agree to our using such information in order to provide you with information on other PRIME Products, you should indicate your non-agreement on the appropriate section of your Order Form. You may obtain a copy of the information held by us concerning you on request in writing. If any information held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Policy.

Credit Card Fraud and Cyber Crime

While PRIME employs encryption technology for its transactions with our customers, we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
Cyber fraud is a real and significant risk. Scammers target online sales platforms and their customers, including in relation to email accounts and bank account details, which can be intercepted and/or modified. No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot guarantee or warrant the security of any information you transmit to us and you do so at your own risk. We also do not guarantee or warrant the security of the Order process or the prevention from loss of, alteration of, or improper access to, your account information or data, or arising in the event of phishing or identity fraud. The transmission and exchange of information is carried out at your own risk

General

You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of PRIME. Any unauthorised assignment shall be deemed null and void. If any of these Terms and Conditions becomes invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired. We shall be under no liability whatsoever to you for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by you arising out of a breach by us of these Terms and Conditions. We may license or sub-contract all or any part of our rights or obligations arising under these Terms and Conditions without your consent. PRIME reserves the right to change the Terms and Conditions of sale at any time. The Terms and Conditions applicable to you are those on our website at the time you order a Product. The failure of us to enforce any provision of these Terms and Conditions or any provision of any contract made thereunder shall not be treated as a waiver of that provision, nor shall it affect our rights to subsequently enforce that provision.

Force Majeure

To the extent permitted by law, PRIME is not liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of PRIME, and PRIME shall be entitled to a reasonable extension of time for the performance of such obligations.

Severability

If any part of these terms and conditions are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and conditions and the remaining terms and conditions will remain in force and constitute the agreement between you and PRIME.

Transfer and Assignment

If PRIME merges, sells or otherwise changes control of its business or this website to a third-party, PRIME reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that PRIME has collected from you and any agreements it has made with you.

Waiver

The failure by PRIME to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by PRIME.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Western Australia and shall be subject to the non-exclusive jurisdiction of the courts of Western Australia.

 

Website — Terms of Access

This website (referred to in these Terms of Access as the Website) is owned and operated by Prime Industrial Products Pty Ltd, who is referred to in these Terms of Access as “we”, “us”, “our” and similar grammatical forms. The material on the Website is copyright © 2020 Prime Industrial Products Pty Ltd.

The Website is available for you to access conditional on your acceptance without alteration of the terms and conditions set out at this linked page: https://primesupplies.com.au/ (“Terms of Access”). By continuing to access the Website you are agreeing to these Terms of Access. Our Privacy Policy also applies to your access and use of this Website and is available here: https://primesupplies.com.au/.

1.1 Generally

(a) Except for the limited use set out in clause 1.1(b) you may not use the Website, or the material contained on it, for any purpose. This involves:
(i) the reproduction of the material in any material form;
(ii) the distribution of the material in any material form;
(iii) re-transmission of the material by any medium of communication;
(iv) uploading or reposting the material to any other site on the Internet; and
(v) “framing” the material on the Website with other material on any other website.
The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of Access.
(b) Despite the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.
(c) You may not modify or copy:
(i) the layout of the Website; or
(ii) any computer software and code contained in the Website.
(d) We reserve all intellectual property rights, including, but not limited to, copyright in material or services provided by it. The material provided on the Website is provided for personal use only and may not be:
(i) re-sold or re-distributed in any material form;
(ii) stored in any storage media; or
(iii) re-transmitted in any media,
without our prior written consent.

1.2 Links to other websites

(a) This Website contains links to sites on the Internet owned and operated by third parties and which are not under our control.
(b) In relation to the other sites on the Internet, which are linked to the Website, we:
(i) provide the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by us of the contents of the linked site; and
(ii) is not responsible for the material contained on those linked sites.

1.3 Disclaimer 1

(a) We are making the Website available for others to publish information without assuming a duty of care to users. We are not in the business of providing professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website or linked sites on the Internet.
(b) To the full extent permitted by law we disclaim any and all warranties, express or implied, regarding:
(i) the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website or of any linked sites; and
(ii) merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website or on any linked sites.
(c) We will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:
(i) acting, or failing to act, on any information contained on or referred to on the Website or any of the linked websites; and
(ii) using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website or any linked sites.

1.4 Disclaimer 2

(a) We do not warrant, guarantee or make any representation that:
(i) the Website, or the server that makes the site available on the Internet are free of software viruses;
(ii) the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
(iii) errors and defects in the Website will be corrected.
(b) We are not liable to you for:
(i) errors or omissions in the Website, or linked sites on the Internet;
(ii) delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
(iii) defamatory, offensive or illegal conduct of any user of the Website,
whether caused through our negligence or the negligence of our employees, independent contractors or agents, or through any other cause.
(c) You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.

1.5 Limitation of liability

Clause 1.3 (disclaimer 1) or clause 1.4 (disclaimer 2) may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law our liability for any implied warranty or condition is limited, at our choice, to one or more of the following:
(a) if the breach of an implied warranty or condition relates to services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again; and
(b) if the breach of an implied warranty or condition relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods; or
(iii) the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.

1.6 Use of personal information gathered

(a) We and any people or legal entities authorised by us may gather and process the personal information:
(i) which you may provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and
(ii) regarding the way in which you use the Website including, without limitation, information acquired through the use of “cookies” delivered to your computer when you access our Website.
(b) We may authorise others to offer you goods and services using the information acquired, as described in clause 1.6(a).
(c) We will comply with the Australian Privacy legislation in respect to our collection, storage and use of your personal information. Please refer to our full privacy policy here: https://primesupplies.com.au/ for details of how we collect, store and use your personal information.

1.7 Termination of access

We may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and we have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.

1.8 Alteration of Terms of Access

We reserve the right to change these Terms of Access:
(a) with or without further notice to you; and
(b) without giving you any explanation or justification for such change.

1.9 Intellectual property rights

All logos, icons, brand names or service names that identifying the owner and operator of this Website are our copyright property or our trade marks or service marks. All other trade marks or service marks on this Website are the property of their respective owners. You must obtaining written permission before reusing any copyrighted material that is published on this Website. Any unauthorized use of the materials appearing on this Website may violate copyright, trade mark and other property rights or legal protections and could result in criminal or civil penalties.

1.10 Relevant jurisdiction

(a) If any part of these Terms of Access is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of Access and the severed part will not affect the validity and enforceability of any remaining provisions.
(b) These Terms of Access will be governed by and interpreted in accordance with the law of Western Australia, without giving effect to any principles of conflicts of laws.
(c) You agree to the jurisdiction of the courts of Western Australia to determine any dispute arising out of these Terms of Access.

1.11 Removal of information

In relation to any material or information included on the Website, we may remove any material or information, including but not limited to links to other sites on the Internet, at any time without giving any explanation or justification for removing the material or information.

1.12 Limit of liability

We and our respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly. This applies:
(a) in relation to or in connection with any material or information supplied in respect of advertising on this Website; and
(b) as a consequence of removing any material or information from this Website.

1.13 Indemnity

You will at all times indemnify and keep indemnified us and our respective officers, employees and agents (Those Indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of:
(a) any breach of these Terms of Use by you; and
(b) publication of or distribution of the material or information supplied by you.

1.14 Use of personal information gathered

(a) We and any people or legal entities authorised by us may gather and process the personal information:
(i) which you may provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and
(ii) regarding the way in which you use the Website including, without limitation, information acquired through the use of “cookies” delivered to your computer when you access our Website.
(b) We may authorise others to offer you goods and services using the information acquired, as described in clause 1.6(a).
(c) We will comply with the Australian Privacy legislation in respect to our collection, storage and use of your personal information. Please refer to our full privacy policy here: https://primesupplies.com.au/ for details of how we collect, store and use your personal information.