The following are the Terms and Conditions subject to which Rotech Group Pty ATF Rotech Trust Ltd ABN 79 543 504 639 (“Rotech”) sells or supplies to the Customer referred to below (“the Customer”) Products or services (collectively referred to as “Products”).
These Terms and Conditions incorporate or include (where relevant) any other terms and conditions set out in price lists or quotations issued by Rotech. Price lists or quotations issued by Rotech shall form part of these Terms and Conditions and such price lists or quotations shall be conditional on or subject to these Terms and Conditions unless specifically excluded by written agreement between Rotech and the Customer.
In the event of any inconsistency between two or more documents that constitute the agreement between Rotech and the Customer, the documents shall be interpreted in the following order of priority:
These Standard Terms and Conditions
Written proposals, quotes or price lists issued by Rotech
Covering letters, special terms or conditions or similar documents issued by Rotech
These terms and conditions regulate the business relationship between you and us. By using the Rotech Website in any way, or by buying from us, you agree to be bound by them.
No person under the age of 18 years may purchase Products.
The terms and conditions:
In this agreement:
“Carrier” means any person or business contracted by us to carry Products from us to you.
“the Customer” means any individual who, in connection with this agreement, is acting for the purpose of purchasing Products from us directly or through the Rotech Website.
“Content” means any content in any form published on the Rotech Website by us or any third party with our consent.
“Products” means any of the Products we offer for sale on the Rotech Website, or, if the context requires, Products that we sell to you.
“Rotech Website” means any website of ours and includes all web pages controlled by us.
“Post” means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on the Rotech Website, and the phrases “Posted” and “Posting” shall be interpreted accordingly.
In this agreement, unless the context otherwise requires:
a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation
these terms and conditions apply to all supplies of Products by us to any customer. They prevail over any terms proposed by you
any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing
except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person
in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party
the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation
a reference to an act or regulation includes new law of substantially the same intent as that act or regulation
in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party
these terms and conditions apply in any event to you as a buyer or prospective buyer of our Products and so far as the context allows, to you as a visitor to the Rotech Website.
this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. Our contract with you
This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
If you use the Rotech Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
We do not guarantee that Products advertised on the Rotech Website are available because we rely on our suppliers. We may change these terms from time to time. The terms that apply to you are those posted here on the Rotech Website on the day you order Products.
The price of Products may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Products.
If in future, you buy Products from us under any arrangement which does not involve your payment via the Rotech Website; these terms still apply so far as they can be applied.
We do not sell the Products in all countries. We may refuse to deliver Products if you live in a country we do not serve.
4. Acceptance of your order
Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually despatch the Products to you. At any point up until then, we may decline to supply the Products to you without giving any reason.
If we do not have all of the Products you order in stock, we will offer you alternatives. If this happens you may:
accept the alternatives we offer;
cancel all or part of your order.
5. Price and payment
The price payable for the Products that you order is clearly set out on the Rotech Website.
It is possible that the price may have increased from that posted on the Rotech Website. If that happens, we will not despatch the Products until you have confirmed that you wish to buy at the new price.
Prices include goods and services tax (“GST”). If you show by your delivery address that you reside outside the Commonwealth of Australia, we will refund to you the amount charged as GST.
Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian dollar will be borne by you.
If, by mistake, we have under-priced Products, we will not be liable to supply that those Products to you at the stated price, provided that we notify you before we despatch it to you.
The price of the Products does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of the Rotech Website before we ask you to pay.
In some delivery areas we cannot automatically calculate the cost of freight and you will be required to obtain a freight rate from us.
If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but, in any event, no later than 15 days from the date when we accept that repayment is due.
6. Security of your credit card
We take care to make the Rotech Website safe for you to use.
Card payments are not processed through pages controlled by us. We use PayPal who will encrypt your card details in a secure environment.
7. Delivery and pick up
Products are usually despatched within 3 days from the day you place an order to purchase the Products.
Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery.
If we are not able to despatch your Products within 3 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
We may deliver the Products in instalments if they are not all available at the same time for delivery.
The Products are sent at your risk when despatched from our premises.
All Products must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Products may be retained by the driver.
When your Products arrive, it is important that you check immediately the condition and quantity. If your Products have been damaged in transit, you must refuse the delivery and immediately contact us so that we may despatch a replacement quickly and minimise your inconvenience.
Signing “Unchecked”, “Not Checked” or similar is not acceptable.
If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So, we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
Some Products are so large and heavy that delivery times may be slightly longer. In this case, approximate delivery dates will be given when you place your order.
Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
We are happy for you to pick up Products from our warehouse provided you make an appointment in advance and payment has been received into our bank account.
If you pick up Products from our premises, then:
products are at your risk from the moment they are picked up by you or your carrier from our shop/warehouse
you agree that you are responsible for everything that happens after you take possession of the Products, both on and off our premises, including damage to property of any sort, belonging to any person.
8. Foreign taxes and duties
If you are not in the Commonwealth of Australia, we have no knowledge of, and no responsibility for, the laws in your country.
You are responsible for purchasing Products which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
9. Liability for subsequent defects
We will repair or replace Products which fail to comply with the provisions of the Competition and Consumer Act 2010 or which show a defect.
If you claim that the item is defective, the following conditions apply:
Rotech only provides a limited guarantee in relation to the repair or replacement of Products supplied or manufactured by Rotech.
The guarantee period is one year commencing on the date the relevant Products were despatched or supplied to the Customer.
These guarantees shall only apply if the relevant Products (on examination by Rotech) are found to be defective in material or workmanship.
The defective Products must be returned to the Rotech Group workshop. Carriage paid and claims for repairs on site are not covered by this guarantee.
This guarantee shall be invalidated should any modifications or work be carried out on the Products that have not been expressly authorised by Rotech. The removal of serial numbers shall invalidate the guarantee.
If we agree that we are liable, we will repair or replace the Products free of charge.
If we repair or replace the Products, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.
10. Products returned
These provisions apply in the event that you return any Products to us for any reason:
We do not accept returns unless we have agreed in correspondence that you may return them.
You must tell us by email message to email@example.com you that you would like to return Products, specifying exactly what Products and when purchased, and giving full details of the defect or other reason for return. We will then issue a returns note. If you send Products to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.
If delivery was made to Australian address, you are also protected by the Competition and Consumer Act 2010.
If we agree that the Products are faulty, we will:
repair or replace the Products as we choose.
The following applies so far as the applicable laws allow:
All the conditions, warranties or other terms implied by the law of any country other than the Commonwealth of Australia are excluded from this agreement to the extent permitted by law.
We or our Content suppliers may make improvements or changes to the Rotech Website, the Content, or to any of the Products, at any time and without advance notice.
You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
We give no warranty and make no representation, express or implied, as to:
the quality of the Products
any implied warranty or condition as to merchantability or fitness of the Products for a particular purpose
the correspondence of the Products with any description
the adequacy or appropriateness of the Products for your purpose
the truth of any Content on the Rotech Website
non-infringement of any right.
We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of the Rotech Website or the purchase of Products.
Our liability under this contract is limited, to the maximum extent permitted by law, to the value of the Products you have purchased.
12. Your account with us
You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Products.
If you use the Rotech Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
13. Restrictions on what you may Post to the Rotech Website
You agree that you will not use or allow anyone else to use the Rotech Website to Post Content which is or may:
be malicious or defamatory
consist in commercial audio, video or music files
be illegal, obscene, offensive, threatening or violent
be sexually explicit or pornographic
be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person
give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business
solicit passwords or personal information from anyone
be used to sell any Products or services or for any other commercial use
include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate
link to any of the material specified above, in this paragraph
send age-inappropriate communications or Content to anyone under the age of 18.
14. Your Posting: restricted Content
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
hyperlinks, other than those specifically authorised by us
keywords or words repeated, which are irrelevant to the Content Posted
the name, logo or trademark of any organisation other than yours
inaccurate, false, or misleading information.
15. How we handle your Content
If you Post Content to any public area of the Rotech Website it becomes available in the public domain. We have no control who sees it or what anyone does with it.
Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
We need the freedom to be able to publicise our Products and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on the Rotech Website, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.
We will use that licence only for commercial purposes of the business of the Rotech Website and will stop using it after a commercially reasonable period of time.
You agree to waive of your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1968.
You now irrevocably authorise us to publish feedback, comments and ratings about your activity through the Rotech Website, even though it may be defamatory or critical.
Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
Please notify us of any security breach or unauthorised use of your account.
16. Removal of offensive Content
The following is addressed to any person who comes on the Rotech Website for any purpose.
We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
If you are offended by any Content, the following procedure applies:
Your claim or complaint must be submitted to us using the contact form available on the Rotech Website, or sent to us by post or email.
We shall remove the offending Content as soon as we are reasonably able.
After we receive notice of a claim or complaint, we shall investigate so far as we alone decide.
We may re-instate the Content about which you have complained or not.
In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
17. Security of the Rotech Website
If you violate the Rotech Website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
modify, copy, or cause damage or unintended effect to any portion of the Rotech Website, or any software used within it
link to the Rotech Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser
download any part of the Rotech Website, without our express written consent
collect or use any product listings, descriptions, or prices
collect or use any information obtained from or about the Rotech Website or the Content except as intended by this agreement
aggregate, copy or duplicate in any manner any of the Content or information available from the Rotech Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Rotech Website
share with a third party any login credentials to the Rotech Website.
Despite the above terms, we now grant a licence to you to:
create a hyperlink to the Rotech Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
you may copy the text of any page for your personal use in connection with the purpose of the Rotech Website.
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
your failure to comply with the law of any country
your breach of this agreement
any act, neglect or default by any agent, employee, licensee or customer of yours
a contractual claim arising from your use of the Products
a breach of the intellectual property rights of any person.
19. Intellectual Property
We will defend the intellectual property rights in connection with our Products and the Rotech Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
20. Miscellaneous matters
When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
Where we provide Products or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Products for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those Products or that service.
If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery
if sent by post to the correct address: within 72 hours of posting
if sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
This agreement does not give any right to any third party.
Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees.
In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
The validity, construction and performance of this agreement shall be governed by the laws of the State of Queensland.