TERMS AND CONDITIONS
This website belongs to Loffminster Pty Ltd (ABN 22 010 879 848) trading as KC Equipment (‘KC Equipment’, ‘we’, ‘our’ or ‘us’).
This page sets out:
- Terms and conditions of sale.
If you are happy to access and use our website, you are taken to have agreed to these terms and conditions. If you have any questions, please contact us on 07 3297 3000 or firstname.lastname@example.org.
Intellectual Property Rights
Our website contains intellectual property (including copyright) owned by KC Equipment and third parties.
We and our third parties retain all rights, title and interest in our website and all related content. Nothing you do on or in relation to the website will transfer to you:
the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright; or
the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
a system or process that is the subject of a patent, or copyright (or an adaptation or modification of such a system or process), of KC Equipment or any third party.
When you come to our website www.kcequipment.com.au we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.
Links to Third Party Websites
Content and product descriptions
We do not warrant that product descriptions or other content of this website is accurate, complete, reliable, current, or error-free.
We may update any content on our website at any time without notice.
Reviews and comments
When visiting our website or social media pages, and subject to your compliance with these terms, you may post reviews and comments.
If your reviews or comments contains defamatory, misleading or false statements or is threatening, aggressive or contains obscenities, or is otherwise contrary to the relevant social media platform’s content or other rules, we may remove your reviews and comments and remove your access to our website and social media pages.
We reserve the right to remove or edit any content that you post on our website. You acknowledge that any content posted by you on our website or social media pages becomes our property. For this purpose, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, distribute and display such content in any way we see fit, throughout the world and in any media.
You agree to indemnify us for all claims made against us resulting from your reviews or comments on our website or social media pages.
You acknowledge that we are not the author of any reviews or comments on our website or social media pages and that we are not responsible and do not assume any liability for any content posted by you or any third party.
If you are concerned about any reviews or comments, please contact us at email@example.com.
Customer account security
For security purposes, you must not share your Customer Account login details.
If you use this site, you are responsible for maintaining the confidentiality of your Customer Account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Customer Account or password.
We can terminate your Customer Account at any time and in our sole discretion.
If a customer is under 18 years of age and purchasing an item with a credit card, we will require the consent of a parent or guardian at the time of purchase.
Credit Card Information
We do not store any credit card information that you provide. If payments are made via our website, they are securely managed by our third party payment gateway vendor in compliance with relevant standards.
Suspending or terminating site access
We may suspend or terminate your access to and use of our website, without notice, if you are in breach of these terms.
We make every attempt to ensure that the website is free of viruses and other malicious code which may affect your computer systems. However, your access to and use of the website is at your own risk and you must take your own precautions to avoid and protect your computer systems against any viruses and other malicious code.
If, due to events beyond our reasonable control, you incur any loss or damage arising from a cyber security event in relation to our website, email communications, payment gateway providers or products, you acknowledge that we are not liable.
You must take appropriate steps to ensure that any requests for payment purporting to be from KC Equipment are genuine, including by calling or emailing us to request confirmation.
How can I make a complaint?
If you wish to make a complaint, please submit details of your complaint to firstname.lastname@example.org.
We will investigate and respond as soon as possible after receiving written notice of your complaint.
2. TERMS AND CONDITIONS OF SALE
Formation of Contract
A Contract is entered into between KC Equipment and you when we accept, either in writing or by conduct, an order that you place (either verbally or in writing) for goods or services.
These terms and conditions are incorporated into each contract.
A contract constitutes the only agreement governing the supply of the goods and services to which it relates, and supersedes all previous communications and negotiations and agreements in connection with the supply of those goods and services.
Except as specifically provided in these terms and conditions, any terms in respect of the supply of goods and services contained in or relating to any other documents, including any of your documents (even if they are specified to prevail), are excluded. By accepting the goods and services, you acknowledge that these terms and conditions prevail over any qualification or condition purported to be imposed in any such other documents.
When you visit our website, purchase goods or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our website.
You acknowledge that you are solely responsible for verifying that any electronic communications do not contain any viruses and have not been subject to compromise. If you receive an invoice electronically, you must verify any account details described in that invoice.
Risk and title
Legal and beneficial title to goods is retained by us and does not pass to you, and you hold the goods as our fiduciary, Agent and Bailee, until you have paid us in full all moneys owing or payable by you to us on any account (including in respect of the purchase of the goods) and any payments have been cleared, at which time title to the goods will pass to you.
Until the payments are received by us and title to the goods has passed to:
(a) You have custody of the goods and hold them as fiduciary, Agent and Bailee of us;
(b) You must not encumber the goods in any way;
(c) You may sell the Goods but only at arm's length, in the ordinary course of business, on market terms, and only as our fiduciary, Agent and Bailee (and in that regard, you have no right to bind us to any liability to a third party by contract or otherwise);
(d) We may inspect the Goods; and
(e) If you default, we may repossess the goods and resell them and apply the proceeds of sale to any amount owing or payable by you to us on any account and return any excess proceeds of sale to you (without prejudice to any of our other rights).
For the purposes of enabling us to inspect the goods or retake possession of the goods, we and our representatives are irrevocably authorised to enter (forcibly, if necessary) into any premises owned or occupied by the you on or in which the goods may be located from time to time, and to recover and do all things necessary to recover the goods, and you appoints us as your agent to enter any premises not owned by you and on or in which the goods may be located from time to time.
Time for Payment
You must pay our invoice without set off, within the time specified in the invoice and before delivery.
We may require a deposit from you. We may delay the supply of any products to you until the deposit is received in full.
If you do not pay the balance of any amount owing to us, you agree that the deposit will be forfeited. This does not limit our rights to recover any amounts owing.
Interest on overdue payments
We may charge interest at two per centum (2%) above the commercial lending rate of the National Bank of Australia (NAB) calculated on a daily basis on amounts that are not paid within the time specified in our invoice.
If you cancel an order, we may charge you for any costs that we have or may incur as a result of the cancellation.
We will have no liability to you in relation to any loss, damage or expense caused by any failure or delay in delivering products as a result of fire, flood, tempest, earthquake, pandemic (including COVID-19), epidemic or other acts of God, riot, civil disturbance, theft, crime, strike, lockout, breakdown, war, any supply chain issues or any other matter beyond our control.
Charge over property
When you purchase products from us and to the extent that you receive products prior to payment in full, you hereby charge all property, both equitable and legal, present or future in respect of any monies that may be owing to us.
You authorise us or our solicitors to execute any consent form as your attorney for the purpose of registering a caveat over any real property owned by you at any time or to register this charge over your assets.
Any provision in these terms and conditions which is invalid or unenforceable in any jurisdiction must be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable. If that provision cannot be read down then it is capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these terms and conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
You acknowledge that the laws of Queensland, Australia, without regard to principles of conflict of laws, govern your use of our website and the products we sell to you.