You are judged to have read and understood these terms and conditions. It is a condition of placing an order that you are bound by these terms. Commercial Electric™ (hereafter referred to as “Commercial Electric™”, or "the Seller") will not be bound by any conditions imposed by the customer (hereafter referred to as the "buyer" or "customer"), unless agreed in writing and signed by all company directors or partners.
Ownership
This website www.commercialelectric.com.au (Website) is hosted on a server in the state of Victoria, Australia and is owned and operated by Commercial Electric™. (ABN 58 980 096 397). Commercial Electric™. is a trademark of the seller.
Acceptance of Terms and Conditions
Your access and use of the Website is conditional upon your acceptance and compliance with these terms and conditions (Terms of Use).
Commercial Electric™ may amend the Terms of Use from time to time and without notice. By continuing to use the Website you accept and are bound by the Terms of Use as they apply from time to time.
Material on the Website
The material on the Website, including all text, graphics, images and other material (Material) is provided by Commercial Electric™ for general guidance and is intended to offer the user general information of interest only. The Material is not legal, financial or other professional advice and should not be relied on as a substitute for such advice. Neither the transmission of Material on the Website nor your receipt of any material is intended to create any professional or fiduciary relationship between you and Commercial Electric™
Commercial Electric™ makes no warranties or representations regarding the quality, accuracy, completeness, merchantability or fitness for purpose of any of the Material. We endeavour to take care in compiling the Material, however the Material may contain inaccuracies, errors or omissions. Any use and/or reliance on the Material is at your own risk.
It is your responsibility to carry out an appropriate virus check to ensure that the Website and the Material is free from viruses and other harmful code before using and/or accessing the Website and any Material.
Modification of These Terms of Use
Commercial Electric™ reserves the right to change the terms, conditions, and notices under which the Commercial Electric™ Website is offered, including but not limited to the charges associated with the use of the Commercial Electric™ Website.
Restrictions on Use
You may only access, use and/or print the Material for non-commercial or personal uses provided that any copyright notice on such page is not removed. All other use, copying, reproduction, republication, uploading, transmission, distribution and/or modification of the Material is prohibited unless provided for in the Terms of Use or on the Website or expressly authorised in writing by Commercial Electric™ or as permitted by applicable copyright legislation.
No Unlawful or Prohibited Use
As a condition of your use of the Commercial Electric™ Website, you warrant to Commercial Electric™ that you will not use the Commercial Electric™ Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Commercial Electric™ Site in any manner which could damage, disable, overburden, or impair the Commercial Electric™ Web Site or interfere with any other party's use and enjoyment of the Commercial Electric™ Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Commercial Electric™ Websites.
Links to or from Other Sites
The Website may contain links to other websites (Linked Sites). Unless expressly stated, Commercial Electric™ is not responsible for, nor does it sponsor, endorse or approve any Linked Sites or any content on them, nor does Commercial Electric™ provide any warranty or take any responsibility for any aspect of those Linked Sites or their content. You must not create or maintain any link from another website to this Website without the written consent of Commercial Electric™
Privacy
This Website does not use “cookies” nor does it collect personal information from people who use the Website unless expressly stated. Our Internet server may record details about any computer used to access the Website (e.g., the domain from which you access the Internet, the date, time and duration of visits and the Internet address of the website from which you linked to this Website) and details of the information downloaded. The information we collect is used for internal statistical purposes and to improve this Website.
Limitation of Liability
To the maximum extent permitted by law, Commercial Electric™ excludes completely all liability to any person for loss or damage of any kind (however caused, including by negligence) arising from or relating in any way to the Material and/or use of the Website (Services). Where any law implies a warranty into these Terms of Use which may not be lawfully excluded, then to the maximum extent permitted by law, our liability for breach of the warranty will at our option be limited to the supply of the Services again, or the payment of the cost of having them supplied again.
Quality
Every effort is made to ensure sound material and good workmanship, but all warranties and conditions express or implied as to materials or workmanship, or the satisfactory quality or fitness of goods for any particular purpose, whether such purpose be known to the Seller or not, are excluded.
In the event of any goods proving defective however, the Seller is prepared at its sole option either: -
a) to replace such materials free of charge, at the place of delivery and in the condition originally specified.
b) To refund to the Buyer the Contract price of such goods, if required to do so, within a reasonable time, but not later than 12 months from the date of delivery. Any liability is limited to such replacement or refund and does not extend to any other expenditure incurred or to any consequential damages.
For this warranty to apply the goods must:
(i) have been accepted and paid for by the Buyer and
(ii) be found upon examination by the Seller to be defective, owing to faulty materials or workmanship.
The Seller accepts no responsibility for fair wear and tear, incorrect or defective storage, fitting, installation or use, unauthorised reconditioning or repair, accident, neglect, or cause beyond the Seller's control. This warranty does not cover any defects caused by third party contractors or mistakes in typesetting or logo placement not pointed out in writing by the Buyer. In the event of any such instance, Commercial Electric™ Group undertakes to pursue the matter to the best of its ability with the third party involved. Time will not be of the essence in such matters. Full settlement in any case should consist of the supply of the original order. No refund or cancellation of order is permitted due to third party errors.
Indemnity
The customer shall ensure that it has full authority to reproduce any material in which copyright subsists and Commercial Electric™ reserves the right to refuse to undertake any work that infringes, or appears to infringe, the copyright of a third party.
The customer shall fully indemnify Commercial Electric™ against any action, claim, demand, costs, charges and expenses arising from libel, or incurred by reason of any infringement or alleged infringement of any copyright, letters patent, registered designs, trade marks, trade name, industry guidelines or any other intellectual property rights protected in the Australia or any laws for the time in force in the Australia by the publication or use or sale of the goods and against all costs and damages which Commercial Electric™ may incur in any action for such infringement for which Commercial Electric™ may become liable.
In the event of any claim being made or action brought against the customer arising out of the matters referred to in this clause, Commercial Electric™ shall be promptly notified thereof. The customer warrants that any design material or instructions furnished or given by him are not libellous or such as will cause Commercial Electric™ to infringe any copyright, letters patent, registered designs, trade marks or trade name, or any other intellectual property rights or any legislation for the time being in force in the Australia in the performance of the contract.
Copyright and Trademark Notices
All contents of the Commercial Electric™ Web Site are its and/or its suppliers. All rights reserved.
Trademarks
All names, logos and trademarks are owned by Commercial Electric™. or the third parties who have contributed to the Website. Nothing on the Website should be interpreted as granting any rights or any license to use or distribute any names, logos or trademarks, without express written authorisation of Commercial Electric™ or the relevant third parties.