Terms and Conditions
Acceptance concerning Terms and Conditions
Your access to and use of the Control Connections Australia website (hereby known as the website) is subject to the following Terms and Conditions.
The Control Connections website will not be used for:
- any purpose that is unlawful
- any purpose that is prohibited by these Terms and Conditions.
- By using the website you are fully accepting the terms, conditions and disclaimers contained within this notice.
- If you do not accept the Terms and Conditions, use of this website is not permitted.
The contents of the website do not constitute advice and should not be relied upon in making, or refraining from making, any decision.
Change of Use
Control Connections reserves the right to:
- Change or remove, either temporarily or permanently, the website or any part of it without notice
- Control Connections shall not be liable for any damages caused by the above mentioned change or removal
- The website visitor or user will be considered as accepting any changes or removals on the website through his or her continued use of the website after this change or removal has occurred
Links to Third Party Websites
- The website may include links to third party websites that are controlled and maintained by others.
- Any link to other websites is not an endorsement of this website and/or any products or advice on the third party website.
- All website visitors and users acknowledge and agree that we are not responsible for the content or availability of any third party sites.
- All copyright, trade marks and other intellectual property rights in the website and any website content (including the website design, text, graphics and all software and source codes connected with the website without any limitation) are owned by or licensed to or otherwise used and as permitted by law
- By accessing the website you agree that you will use any content for your personal, non-commercial use only. No content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed for commercial purposes without prior written consent of the copyright holder
- The downloading, copying and/or printing of these website pages for personal, non-commercial home use is permitted
Disclaimers and Limitation of Liability
- The website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
- To the extent permitted by law, Control Connections will not be liable for any indirect or consequential loss or damage (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the website.
- Control Connections offers no warranty to the functionality of the website.
- Control Connections can in no way guarantee that its website will be or remain uninterrupted or error free, that defects will be corrected or that the website or its server are free of viruses, malware or anything which may cause harm, loss or damages.
Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Control Connections for death or personal injury as a result of the negligence of Control Connections or that of its employees or agents.
Visitors and users of the website agree to indemnify Control Connections and its employees and agents against all cases of liability, legal fees, damages, losses, costs and any other expenses corresponding to any claims or actions brought against Control Connections due to any breach by the user or visitor of the Control Connections website of these Terms and Conditions or other liabilities arising from use of the website.
If any of these Terms and Conditions should be determined as invalid, illegal or unenforceable for any reason by any court of competent jurisdiction as listed under Governing Law, then any such Term or Condition shall be severed and the remaining Terms and Conditions shall remain in full force and effect and continue to be both binding and enforceable.
These Terms and Conditions shall be governed by and construed in accordance with the law of Australia and Control Connections website visitors or users hereby submit to the exclusive jurisdiction of the Australian court.
Corporate Account Credit Terms
At Control Connections sole discretion payment shall be due on delivery of the Products; or payment shall be due before delivery of the Products. Payment for the Products sold by Control Connections to approved account Customers shall be tendered no later than the expiration of 30 days from the end of the month sold.
- All payment terms are based on the date of the invoice and not the date Products are received.
- Any variation of these payment terms shall be in writing and signed on behalf of by a partner of Control Connections
- A charge of 2.5% per month, calculated on a daily basis, may be applied on all overdue accounts. The charge will accrue until all overdue amounts are paid.
- The customer hereby acknowledges and agrees that this rate and the amount chargeable are a genuine pre-estimate of the minimum loss and liquidated damages which will be sustained by Control Connections in the event of non-payment in accordance with these Conditions and the rate of interest and amount chargeable are not a penalty.
- Any discount given is subject to the account being kept in order and within the requirements of this clause.
- In the event that the Customer’s payment is dishonoured for any reason the Customer shall be liable for any dishonour fees incurred by Control Connections
- If the Customer defaults in payment of any invoice when due, the Customer shall indemnify Control Connections from and against all costs and disbursements incurred by in pursuing the debt including legal costs on a solicitor and own client basis and collection agency costs.
Control Connections warrants all products pursuant to a sale agreement hereunder for one year from the date of shipment to the customer against defective material or workmanship (but not against damage caused by accident or abuse) when such products are used on equipment within the specification limits approved.
Control Connections will at its sole discretion repair or replace such products free of charge if found on examination by it to be defective, provided any necessary return charges are prepaid. Our guarantee only covers faulty material and workmanship but not faults caused by incorrect fitting or improper use of our equipment.
Control Connections will not under any circumstances be liable to the Customer or any other person or entity related to or associated with the Customer for direct, indirect, consequential or incidental loss, costs, damages or expenses of whatever nature (including but not limited to loss of profits, loss of savings or other incidental or consequential damages) arising out of or relating to the Products or the sale, use or inability to use the Products or for any other cause of whatever nature including any defects in the
The Company, makes no warranty or representation in relation to the Products (unless set out in writing by the Company) whether express or implied as to their state, quality or merchantability.
These warranties will not be read or applied so as to purport to exclude, restrict or modify provisions of Part V of the Trade Practices Act 1974 or by any other statute, act or law of any State of Territory of the Commonwealth of Australia which by law cannot be excluded, restricted or modified.
Orders accepted by Control Connections cannot be countermanded or delivery deferred or goods returned except with the written consent of Control Connections and upon terms that reimburse and indemnify Control Connections against all loss including cartage, bank charges and other incidental expenses on any part of the order that is cancelled.
Cancellation of orders for Products made to the Customer’s specifications or non-stocklist items will definitely not be accepted once production/ordering has commenced.
Retention of Title
The Customer agrees that goods supplied shall remain the sole and absolute property of Control Connections as legal and beneficial owner until such time as the Customer shall have paid the purchase price of such goods. Until such payment the Customer will hold the goods as bailee for and one behalf of Control Connections.
The Customer must store and maintain the Products separately and apart from all or any other products or items of stock presently stored, or held by it as bailee. All payments the Customer may receive for the sale of the Products will be held in trust for Control Connections pending payment thereof.
In the event the Customer fails to pay for goods the Customer irrevocably gives Control Connections its servants and agents leave and licence without the necessity of giving any notice to enter at any time on and into any premises occupied by the Customer to inspect search for or remove any of the goods supplied pursuant to these terms and conditions
Personal Properties & Securities ACT 2009 (PPSA)
In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods that have previously been supplied and that will be supplied in the future by Control Connections to the Customer.
The Customer undertakes to:
promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Control Connections may reasonably require to;
register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
register any other document required to be registered by the PPSA; or correct a defect in a statement referred to in clause 7.3(a)(i) or 7.3(a)(ii);
indemnify, and upon demand reimburse, Control Connections for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby;
not register a financing change statement in respect of a security interest without the prior written consent of Control Connections;
not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third party without the prior written consent of Control Connections
immediately advise Control Connections of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.
Control Connections and the Customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
The Customer waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA. The Customer waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
Unless otherwise agreed to in writing by Control Connections, the Customer waives their right to receive a verification statement in accordance with section 157 of the PPSA.
The Customer must unconditionally ratify any actions taken by Control Connections under clauses 7.3 to 7.5.
Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.
Any terms and conditions on a Customer’s order which are inconsistent with or additional to the terms and conditions hereof shall not be binding on Control Connections. All such terms and conditions are hereby expressly rejected. No waiver, alteration or modification of any Control Connections terms and conditions shall be binding on Control Connections unless made in writing and agreed to by a duly authorised official of Control ConnectionsS.
Any order placed or made by the Customer for the purchase of Products shall be irrevocable and constitute an unqualified acceptance by the Customer of these conditions. Any time or date named or accepted by Company for delivery of the Products is an estimate only and does not constitute a condition of the contract or warranty.
Control Connections delay or failure to exercise any right, power or privilege will not operate as a waiver of any such right, power or privilege.
These conditions will be governed with the law in force in the State of Queensland and any applicable Federal Legislation and the parties hereby submit to the non-exclusive jurisdiction of the Courts of Queensland and to any Federal Courts.
If any terms in these conditions shall for any reason be declared or become unenforceable, invalid or illegal for any reason, the other terms and provisions of these conditions shall remain in full force and effect as if these conditions never included the unenforceable, invalid or illegal terms.