1. The following terms (“Terms”) govern use of any website maintained by Blue Diamond Machinery (“the Site”). Each user of the Site understands and agrees that by using the site the user (on his or her own behalf and on behalf of any person or entity for whom the user of the Site gains access the Site) signals his or her agreement to abide by these Terms whilst using the Site and in all subsequent dealings with information obtained as a consequence of accessing the Site. Blue Diamond Machinery reserves the right to change the Terms at any time, and any change will take effect immediately upon the changed Terms becoming accessible on the Site. Users should review this page of the Site each time the Site is accessed.
2. If a user of the Site violates these Terms, Blue Diamond Machinery may without notice and without giving reasons restrict or terminate use of the Site, or bar the user of the Site from future use of the Site, and/or take appropriate legal action.
3. In these terms the expression “use of the Site” means gaining or attempting to gain access (directly or indirectly and whether or not such access is immediate) by any electronic or other medium to information that becomes accessible (whether displayed or not) by reason of or consequent upon the establishment a link to the Site and includes utilising the Site to communicate with Blue Diamond Machinery or any other person or to access any other site or device. A reference to “use of” other sites and a “user” of the Site or other sites has a corresponding meaning.
Important disclaimers 4. Blue Diamond Machinery does not hold itself or any agent or employee out as having expertise, experience or qualifications relevant to decisions concerning the suitability of particular products for use in the particular applications, conditions or circumstances users of the Site may encounter. The Site is intended to provide abridged and general information which might be the foundation for further investigation and consideration. The Site is not intended to be used as a basis for assessment or determination of the suitability of products in any specific case. Blue Diamond Machinery makes no recommendations, representations or warranties of any kind, express or implied, as the accuracy or completeness of information, content, specifications, ideas, opinions or product information obtained through use of the Site or in any material accessible through use of the Site. Blue Diamond Machinery gives no assurance as to the suitability of any product for the conditions and in the application that a user of the Site may confront and to the fullest extent permissible by law excludes all liability to users of the Site arising from use of the Site or action taken as a consequence of use of the Site.
5. Blue Diamond Machinery strongly advises all users of the Site and all prospective users of products referred to on the Site to engage and consult suitably qualified and experienced technical advisers to assist them in their selection of suitable products. This is essential where product failure may result in any risk to personal safety, property damage or economic loss or damage. Blue Diamond Machinery is not liable for any loss or damages of any kind, sustained by any person arising from the use of the Site.
6. Blue Diamond Machinery receives rate and product information from a third party. This content is accessed from our home page. The information on rates and products supplied is not under the direct control of Blue Diamond Machinery, therefore Blue Diamond Machinery is not responsible for the accuracy of the contents. Information provided on products on this site does not constitute financial, taxation or other professional advice and should not be relied upon as such. Blue Diamond Machinery recommends that, before you make any financial decision, you seek professional advice from a suitably qualified adviser.
Release of Blue Diamond Machinery from liability to users of the Site 7. By using the Site users of the site agree and acknowledge (on their own behalf and on behalf of any person or entity for whom they use the Site), that they shall have no rights to make any claim against Blue Diamond Machinery for any damages or losses, whatsoever, resulting from use of the Site or any link to another site. If a problem with the Site, use of the Site, information contained in the Site or a link from the Site is encountered, please notify Blue Diamond Machinery. Blue Diamond Machinery will investigate the matter and take any actions it deems appropriate.
Indemnity of Blue Diamond Machinery from liability to third parties 8. By use of the Site users of the site agree and acknowledge (on their own behalf and on behalf of any person or entity for whom they use the Site), to indemnify and hold Blue Diamond Machinery and its subsidiaries, affiliates, officers, agents and employees harmless from any loss, liability, claim or demand that may be made by any third party due to or arising out of the use of the Site and for any costs expenses or expenditure incurred by Blue Diamond Machinery in resisting such a claim or seeking indemnity from the user of the Site (or a principal represented by a user of the Site) in relation to it, including the reasonable cost of Blue Diamond Machinery employees, agents and lawyers.
Search results and links 9. The Site may incorporate or automatically produce search results that reference or link to third party sites throughout the World Wide Web or other information obtained from persons or organisations other than Blue Diamond Machinery. Blue Diamond Machinery has no control over these sites or the content within them or the processes employed by the persons or organisations from whom information has originated. Blue Diamond Machinery does not guarantee, represent or warrant that content of this kind (whether contained in the Site or in other sites) is technically reliable, accurate, legal and/or inoffensive. Blue Diamond Machinery does not endorse the content of any, nor does Blue Diamond Machinery warrant that content of a third party site will not contain viruses or otherwise impact the computer of a user of the Site.
Permitted use 10. By use of the Site users of the site agree and acknowledge (on their own behalf and on behalf of any person or entity for whom they use the Site), that they are only authorised to use the Site, visit, view and to retain a copy of pages of this Site for their own personal use, and that they must not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than for personal use unless otherwise specifically authorised in writing by Blue Diamond Machinery to do so.
Unauthorised use of the Site 11. Blue Diamond Machinery expressly refuses to permit the Site to be used for purposes contrary to commercial and legal interests of Blue Diamond Machinery or for the gathering of dissemination of information contrary to law. Illegal and/or unauthorised uses of the Site and the unauthorised reproduction of information contained in the Site or linking of the Site to any other site are not permitted. Appropriate legal action, including without limitation civil, criminal and injunctive redress may be taken without notice.
Termination of use of the Site 12. In Blue Diamond Machinery sole and unfettered discretion and without prior notice and without disclosing its reasons Blue Diamond Machinery may restrict or terminate the access of a user of the Site to the Site or to any part of the Site and may shut down, reconfigure or alter the Site, any part of it and any material accessible through use of the Site. In addition or in the alternative Blue Diamond Machinery may take any legal or practical course available to it and or exercise any remedy available to it and may destroy information or remove any material from any source if Blue Diamond Machinery in its sole and unfettered discretion believes that the material may be found to violate or be inconsistent with these Terms or the rights of Blue Diamond Machinery or anyone else or that the material is offensive, contrary to good taste, intemperate, contrary to the commercial or legal interests of Blue Diamond Machinery, in breach any law or otherwise inappropriate. Users of the Site agree that monetary damages may not provide a sufficient remedy to Blue Diamond Machinery for violations of these terms and conditions and consent to injunctive or other equitable relief for such violations.
13. If the ability of a user of the Site to use the Site or any part of the Site or any material accessible through use of the Site is terminated, interrupted, suspended, limited or confined, the user of the Site has no entitlement to demand, require the reinstatement or restoration of an entitlement to use or access the Site or any part of the Site or any material accessible through use of the Site or obtain any recompense, damages or other payment from Blue Diamond Machinery.
Use of information 14. Blue Diamond Machinery may without prior notice and without disclosing its actions or reasons release information about a user of the Site if required by law or subpoena, or if Blue Diamond Machinery considers that the release of information is desirable, convenient or appropriate for the purpose of addressing, detecting or remedying any breach of these Terms or unlawful or harmful activity. Blue Diamond Machinery will not in any circumstances, as a consequence of any such release of information, be required to provide any recompense or payment to the a user of the Site or any other person.
Intellectual Property 15. Copyright in the images available for viewing in the Site and all material presented by Blue Diamond Machinery is vested in Blue Diamond Machinery or other publishers. Blue Diamond Machinery does not authorise duplication of any of the material contained on the Site for any purpose other than personal use.
16. The content of the Site and software on the Site is the property of Blue Diamond Machinery and/or its suppliers and is protected by Australian and international laws for the protection of trademarks, designs, patents, copyright and trade secrets (“intellectual property”) and by the common law regardless of whether or not particular material is identified as being the subject of intellectual property rights. Blue Diamond Machinery may post notice of the existence of intellectual property rights and acknowledgments and credits concerning the existence of such rights on parts of the Site, but its failure to do so does not indicate that such rights do not exist or are waived. Any such notice acknowledgment or credit must not be removed from the Site and must be incorporated in any material extracted from the site.
TERMS AND CONDITIONS OF CREDIT AND SUPPLY
1.These conditions apply to each and every Credit Application, except to the extent otherwise specified in writing by the supplier.
2.The Customer agrees to pay for all goods supplied or services provided, plus any GST applicable to the goods and services, within thirty (30) days of the date of the end of month statement issued in respect of those goods or services or within such a period or time as may be notified to the Customer by the Supplier.
3.The Customer warrants that the persons’ signatures appearing on this Agreement are duly authorised by the Customer to apply for credit and execute this Agreement.
4.These Conditions and any Further Terms are governed by and are to be interpreted in accordance with the laws and by mutual consent to be subject to the jurisdiction of the Courts in the state in which the supplier carries on business.
5.Any claim for non-delivery, shortage in supply or damage occurring during the course of delivery or any claim for rejects by a customer must be in writing and given to the Manager of the supplier within 24 hours of delivery.
6.In the event that moneys due by the Customer to the Supplier are not paid by the due date or the Customer is declared bankrupt or gives any authority to a trustee under section 188 of the Bankruptcy Act, or commits any act of bankruptcy, or ceases to trade or carry on business in the usual manner, or where the Customer is a company a petition for winding up is filed, or an administrator or receiver is appointed then all moneys owing by the Customer to the Supplier will become immediately payable without the necessity for any demand for payment of those moneys being made by the Supplier.
7.Should the Customer default in any payment due under this agreement then the Customer agrees to pay the Supplier interest on all moneys, including GST, from the due date for payment and the Customer undertakes to pay any interest so charged. Such interest shall be calculated on a daily basis from the due date for payment until the date the supplier receives payment at a rate not exceeding 2.5% per month.
8.The Customer agrees to pay any expenses, costs or disbursements incurred by the Supplier in recovering any outstanding monies including debt collection agency fees and solicitor’s costs providing that those fees do not exceed the scale charges as charged by that debt collection agency/solicitor.
9.The Supplier may, in its absolute discretion, without giving any reason therefor and without giving notice to the Customer, terminate any credit facility with the Customer. Upon termination of any credit facility all moneys owing by the Customer to the Supplier will become immediately payable by the Customer without the necessity for any demand for payment of those moneys being made by the Supplier to the Customer.
10.Any goods supplied by the Supplier to the Customer will be at the risk of the Customer on and from the date the goods are accepted by the Customer.
11.All goods shall remain the property of the Supplier until all debts due to the Supplier by Customer are paid in full and the Customer shall be bailee of Goods in its possession whose title remains with the Supplier. Goods in the Customer’s possession must be clearly identifiable as the property of the Supplier. If the Customer fails to pay any debt due to the Supplier by the date for payment, the Supplier may retake possession of Goods. All costs of such repossession of Goods by the Supplier will be payable by Customer. Such rights shall be without prejudice to the Suppliers’ right to claim damages from the Customer for breach of contract. Customer irrevocably authorises the Supplier and its servants and agents to enter upon the Customer’s premises without notice at any time, for the purposes of examination or recovery of Goods. The Customer shall indemnify the Supplier against any loss or expense arising from the Customer breaching this Contract.
12.If Customer makes new Goods or other Goods from or with Goods, these new Goods are Goods for the purposes of this Contract.
13.The Customer agrees to immediately notify the supplier in writing if there is any change of ownership or alteration to the Registered Particulars of the Customer and the Customer shall provide full details of such alteration.
14.In the case of a Trust Company we acknowledge that the Trustee shall be liable on the account and that in addition the assets of the trust shall be available to meet payment of the account.
15.If any part of this Agreement is held to be void, voidable, unenforceable or illegal, then ipso facto that part shall be deemed never to have been a part of the Agreement which shall continue with the remaining provisions
16.Privacy Act. Acknowledgement that credit information may be given to a credit reporting agency, the customer understands that section 18E(8)c) of the Act allows the Supplier to give a credit reporting agency certain personal information about the Customer. The information which may be given to an agency is covered by section 18E (1) of the Act and includes: Particulars to identify the Customer, The fact that the Customer has applied for credit and the amount, The fact that the Supplier is a credit provider to the Customer, Payments which become overdue more than 60 days, Advice that payments are no longer overdue, Cheques of $100 or more drawn by the Customer which a Bank has dishonoured more than once, in specified circumstances, that in the opinion of the Supplier the Customer has committed a serious credit infringement, That the credit provided to the Customer by the Supplier has been discharged.
17.Authority for the Supplier to obtain certain credit information To enable the Supplier to assess the Customer application for commercial or personal credit, the Customer authorises the Supplier as follows: if asked to provide commercial credit, to obtain from a credit reporting agency a credit report containing personal credit information about the Customer. This is in accordance with section 18K (1) (b) of the Act. If asked to provide personal credit, to use a credit report containing information about the Customer’s commercial activities or commercial creditworthiness from a business which provides information about the commercial creditworthiness of a person. This is in accordance with section 18L(4) of the Act.
18.Authority to exchange information with other credit providers. In accordance with section 18N (1)(b) of the Act, the Customer authorises the Supplier to give to and receive from the credit providers named overleaf or that may be named in a credit report issued by a credit reporting agency, information in the supplier’s possession or the other credit provider’s possession about the customers creditworthiness, credit standing, credit history and credit capacity. The Customer understands the information may be used to: a) assess an application for credit by the Customer, b) Assist the Supplier in avoiding default on the Customer’s credit obligations, c) Notify other credit providers of a default by the Customer, d) Assess Customer’s creditworthiness.
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