Terms & Conditions

 

1. Legal information

1.1 The information on this website is provided for your convenience. Rite Adhesives does not warrant that the information is accurate, complete or up to date.

1.2 To the extent permitted by law, Rite Adhesives (including its directors, affiliates, officers, employees, agents, contractors, successors and assigns) is not liable for any loss, damage or injury arising from the use of, or reliance on, this website.

1.3 This website may contain links to third-party websites for convenience. Rite Adhesives does not control those websites and is not responsible for their content or privacy practices. A link does not constitute endorsement or approval of any third-party website, or any products or services offered on it. Rite Adhesives is not liable for your use of third-party links or websites.

1.4 To the extent permitted by law, Rite Adhesives (including its directors, affiliates, officers, employees, agents, contractors, successors and assigns) does not accept liability for any damages or losses arising out of, or in any way connected with, the use of this website or any website linked to it.

1.5 The limitation of liability in clause 1.4 applies to direct, indirect, consequential, special, punitive or other damages, including loss of profits, business interruption, and loss of data or information.

1.6 Nothing on this website constitutes, or is intended to constitute, an offer of, or invitation to purchase or subscribe for, securities.

1.7 Copyright in this website is owned by Rite Adhesives. You are granted a limited licence to download and view this website for personal use only. You must not reproduce, modify, distribute, transmit, or otherwise use any part of this website for any other purpose without Rite Adhesives’ prior written consent.

1.8 Rite Adhesives takes your privacy seriously and will take reasonable steps to keep confidential any email address you provide when subscribing to website updates.

1.9 Rite Adhesives may make changes, modifications, additions, deletions or corrections to this website at any time without notice.

 

2. Exclusion of competitors

2.1 If you are in the business of creating or supplying goods or services that are similar to those offered by Rite Adhesives (including for a fee to business or domestic users), you are considered a competitor.

2.2 Competitors are not permitted to access or use this website. If you breach this restriction or misuse the website, you are responsible for any loss suffered by Rite Adhesives as a result.

 

3. Copyright, trademarks and restrictions of use

3.1 This website and its contents are protected by copyright and are owned by Rite Adhesives.

3.2 “Rite Adhesives”, its logo, and the website’s design, look and appearance may be trade marks (including registered trade marks). All rights are reserved.

3.3 You must not use this website or its contents for commercial purposes. Rite Adhesives does not permit any third party (including bloggers and social media page owners) to reproduce product information or website content as their own. If you breach this clause or improperly use the website, you are responsible for any loss suffered by Rite Adhesives.

 

4. External link disclaimer

4.1 Any links are provided for convenience only. Third-party websites are not controlled by Rite Adhesives and Rite Adhesives is not responsible for, and does not accept liability for, their content. The provision of a link does not constitute endorsement or approval of that website or any products or services offered on it.

 

5. Terms and conditions of business with Rite Adhesives

5.1 General

(a) These Terms and Conditions (“Conditions”) apply to all contracts between Eurotech Group Pty Ltd trading as Rite Adhesives (“Rite Adhesives”) and the purchaser (“Purchaser”) for the supply of goods, products or materials (“Goods”), whether supplied on credit (if applicable) or otherwise (“Contract”).

(b) These Conditions prevail over any other terms, conditions, representations or understandings relating to the Goods, even where inconsistent.

(c) Rite Adhesives rejects any Purchaser terms that purport to be conditional.

(d) A Contract is formed when Rite Adhesives receives a purchase order and either issues written acceptance or dispatches the Goods.

5.2 Quotations

(a) Quotations are valid for thirty (30) days unless otherwise stated and may be withdrawn, revoked or varied at any time.

(b) Quotations are estimates only and do not constitute an offer or obligation to supply.

5.3 Orders and prices

(a) Rite Adhesives may accept or decline any order (in whole or part).

(b) Rite Adhesives is not obliged to accept orders under $75.00.

(c) Unless otherwise agreed, out-of-stock Goods may be placed on backorder and charged at the price applicable at the time of the original order. Rite Adhesives is not liable for loss arising from Goods being out of stock.

(d) Unless otherwise agreed, backorders will be delivered in accordance with Rite Adhesives’ standard delivery terms.

(e) Prices are exclusive of applicable taxes and charges unless stated otherwise. If GST applies, the Purchaser must pay GST at the same time as payment for the Goods.

(f) Prices and specifications in price lists or other information provided by Rite Adhesives may change at any time without notice.

(g) Unless otherwise agreed, quoted prices include Rite Adhesives’ standard packing arrangements.

5.4 Delivery

(a) Delivery fees apply unless agreed otherwise and are payable by the Purchaser.

(b) Rite Adhesives will aim to dispatch standard orders as soon as practicable, but is not responsible for loss arising from late dispatch.

(c) Any delivery or dispatch timeframes are estimates only and are not of the essence of the Contract.

(d) Delivery occurs when the Goods are collected by the Purchaser or made available for unloading at the Purchaser’s nominated delivery point (whichever occurs first).

5.5 Payment

(a) Payment is of the essence and must be made in accordance with the invoice terms or as otherwise agreed (including prior to delivery or cash on delivery). Rite Adhesives may require a deposit at any time.

(b) Where the Purchaser holds an approved “Pay Later” credit account, payment must be made within 30 days of the invoice date (or another agreed date in writing).

(c) Rite Adhesives may withhold delivery and/or refuse further orders until all amounts owed (or contingently owed) are paid.

(d) Rite Adhesives may charge interest on overdue amounts at 6% per month, compounded daily. Payments will be applied first to accrued interest.

(e) Credit card payments may incur a surcharge.

5.6 Risk and retention of title

(a) Risk in the Goods passes to the Purchaser on delivery (unless otherwise stated in these Conditions).

(b) Title remains with Rite Adhesives until Rite Adhesives has received:

• payment in full for the Goods; and

• payment of all other monies owing by the Purchaser to Rite Adhesives.

(c) Where Goods consist of multiple items, title in any item does not pass until all items are paid for in full.

(d) Until title passes, the Purchaser agrees that:

• it holds the Goods as bailee for Rite Adhesives

• it will keep the Goods in good and merchantable condition and fully insure them

• it must not sell the Goods except with Rite Adhesives’ prior written consent or in the ordinary course of business on arm’s length, market terms

• sale proceeds relating to the Goods must be held on trust for Rite Adhesives in a separate account

• it must not create any encumbrance inconsistent with Rite Adhesives’ title

5.7 Specifications, measurements and Purchaser material

(a) Any descriptions, specifications, illustrations, drawings, data, dimensions and weights are approximations only and do not constitute a sale by description.

(b) Any plans, specifications, measurements or other materials provided by the Purchaser for fulfilment (“Material”) are deemed accurate and fit for purpose. Rite Adhesives is not liable for loss arising from use of Purchaser-supplied Material.

(c) Rite Adhesives may refuse to use Purchaser-supplied Material where it is inappropriate for its processes.

5.8 Returns and cancellations

(a) Returns are not accepted for custom-made or specially produced Goods.

(b) Cancelled orders will incur the greater of costs incurred by Rite Adhesives or 25% of the order price.

(c) Subject to the Australian Consumer Law (ACL), returns of other Goods require prior written approval, requested within 14 calendar days of delivery. Goods must be unused, undamaged and in original packaging.

(d) Approved returns incur a 20% restocking fee (based on invoiced value). Return freight/costs are the Purchaser’s responsibility.

5.9 Inaccuracies, damage or short supply

(a) The Purchaser must inspect Goods promptly and notify Rite Adhesives in writing within 7 calendar days of delivery of any short supply, inaccuracy, fault, damage or defect.

(b) Where notice is provided within time, Rite Adhesives may (at its discretion) replace the Goods or provide a credit.

(c) If notice is not provided within 7 calendar days, Rite Adhesives is not responsible for loss arising from the issue.

(d) The Purchaser is deemed to have accepted the Goods after 7 calendar days unless notice is given in that period.

5.10 Warranty and liability

(a) Where the ACL applies, the Purchaser may have non-excludable rights and guarantees under the Competition and Consumer Act 2010 (Cth) and the ACL.

(b) To the extent any term of these Conditions is inconsistent with non-excludable rights under the ACL/CCA, those statutory rights prevail to the extent of the inconsistency.

(c) Subject to clause (a) and (b), Rite Adhesives gives no express warranties or representations.

(d) Any technical advice, representations or conduct (by employees, agents, subcontractors or otherwise) is relied on at the Purchaser’s risk.

(e) Rite Adhesives’ liability (howsoever arising) is limited to the cost of repair or replacement of the Goods.

(f) To the extent permitted by law, all other warranties, conditions and guarantees are excluded.

5.11 Indemnity

The Purchaser indemnifies Rite Adhesives against all liabilities, losses, damages, costs and expenses arising from:

• failure to comply with applicable laws, rules, standards or regulations relating to the Goods or their use

• the Purchaser’s negligence or breach of duty in connection with the Goods

• any breach of these Conditions

5.12 Waiver

A failure or delay by Rite Adhesives to enforce any right is not a waiver of that right.

5.13 Repossession of Goods

(a) If the Purchaser defaults, Rite Adhesives may retake possession of the Goods and the Purchaser must pay all associated costs.

(b) The Purchaser authorises Rite Adhesives and its agents to enter the Purchaser’s premises (without notice) to inspect and recover the Goods.

5.14 Cost recovery

The Purchaser must pay all costs incurred by Rite Adhesives in recovering outstanding monies, including debt collection fees and solicitor-client costs on a full indemnity basis.

5.15 PPSA

(a) The Purchaser agrees Rite Adhesives may register a security interest in the Goods at any time. The Purchaser waives its right under section 157 of the PPSA to receive notice of verification statements.

(b) If the Purchaser defaults, Rite Adhesives may enforce its security interest under these Conditions and/or the PPSA.

(c) To the extent permitted by law, the parties agree that certain PPSA provisions do not apply to enforcement by Rite Adhesives (including sections 95, 118, 121(4), 125, 130, 132(3)(d), 132(4), 135, 137, 142 and 143).

(d) The Purchaser must do anything reasonably required to ensure Rite Adhesives’ security interest is perfected and has priority.

(e) Terms used in this clause have the meaning given in the PPSA.

5.16 Entire agreement and variations

(a) These Conditions form the entire agreement for each supply of Goods and replace all prior negotiations and understandings.

(b) The Purchaser confirms it has relied only on the written terms of these Conditions and any written order acceptance.

(c) Rite Adhesives may vary these Conditions at its discretion.

(d) Variations apply to orders accepted after 14 calendar days’ notice (including by providing updated Conditions or publishing them on Rite Adhesives’ website).

(e) Variations do not apply to orders already accepted prior to notice.

5.17 Default and termination

(a) Rite Adhesives may issue a notice of default and allow 5 working days to remedy. If not remedied, Rite Adhesives may terminate the Contract immediately and the Purchaser is liable for resulting loss and damage.

(b) If a party becomes insolvent, the other may terminate immediately by written notice.

5.18 Notices

(a) Notices must be in writing and signed by an authorised person.

(b) A notice is taken to be served:

• if delivered personally: on the day of delivery

• if posted: when it would ordinarily be delivered

• if faxed: at the time recorded by the sender’s machine

• if sent electronically: at the time of dispatch under section 13 of the Electronic Transactions Act 2001 (WA)

5.19 Intellectual property

(a) The Purchaser warrants it owns or holds a licence for all intellectual property rights in any materials supplied to Rite Adhesives for an order and authorises Rite Adhesives to use them for that purpose.

(b) The Purchaser indemnifies Rite Adhesives for any loss arising from any breach of third-party intellectual property rights relating to Purchaser-supplied materials.

(c) Unless agreed in writing, intellectual property created by Rite Adhesives for the Purchaser remains the property of Rite Adhesives.

5.20 Privacy and credit reporting

(a) Rite Adhesives may collect information about the Purchaser to supply the Goods, in accordance with the Privacy Act 1988 (Cth) (as amended).

(b) Where Goods are supplied on credit, the Purchaser authorises Rite Adhesives (and its employees/agents) to make enquiries to assess creditworthiness, including from trade referees, bankers, credit providers and credit reporting agencies, and authorises those parties to disclose information to Rite Adhesives.

5.21 Force majeure

Rite Adhesives is not liable for delay or failure to perform due to events beyond its reasonable control (including strikes, lock-outs, labour disturbances, government actions, riot, civil commotion, fire, flood, power failure, or similar events). Rite Adhesives is not liable for consequential loss arising from such events.

5.22 Severance

If any part of these Conditions is held invalid or unenforceable, it will be modified to the extent possible to make it enforceable, or otherwise severed, and the remainder will continue in effect.

5.23 Applicable law

(a) This Contract is governed by the laws of Western Australia.

(b) The parties submit to the exclusive jurisdiction of the courts of Western Australia.

(c) To the extent permitted by law, the Sale of Goods Act 1985 (WA) does not apply.

5.24 Interpretation

In these Conditions:

• ACL means the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

• CCA means the Competition and Consumer Act 2010 (Cth).

• Purchaser means a person who acquires Goods from Rite Adhesives.

• PPSA means the Personal Property Securities Act 2009 (Cth).

• GST means goods and services tax within the meaning of the GST Act.

• GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth) and related legislation.

• Intellectual Property Rights means all intellectual property rights protected by statute or common law, including copyright, trade marks, patents and registered designs.

• Goods means any item of any nature sold or to be sold by Rite Adhesives to the Purchaser.