Terms, Conditions & Privacy

PRIMAX AUSTRALIA
TERMS OF USE AND CONDITIONS OF SALE

“Customer(s)” means any person, or other entity that purchases from or offers to purchase from Primax Australia for supply goods or services.

  1. Conditions of Sale – Orders
    All orders for goods or services from Customers which may be accepted by Primax Australia are accepted on the following conditions. Any conditions of purchase offered by Customers which purport to add to or are otherwise inconsistent with the Conditions shall be deemed to be waived by the Customer upon placement of an order by the Customer with Primax Australia unless such conditions of purchase are expressly agreed to by Primax Australia.
    No order accepted by Primax Australia may be deferred or cancelled by the Customer without the prior consent from Primax Australia.
    Primax Australia reserves the right to require orders to be of a minimum value determined by Primax Australia from time to time and to otherwise accept in whole or in part any orders for goods or services by Customers or to decline such orders.
  2. Conditions of Sale – Customer Qualification
    Primax Australia supplies only to qualified resellers.
    (a) Resellers must be able to provide Primax Australia with a valid ABN.
    (b) Resellers must accept to purchase the goods or services solely for the purpose of reselling the goods or services.
    (c) Goods or services must not be purchased for the use of the Customer and must not be the end user of the goods or services.
    (d) Qualified Resellers must be in a suitable market and/or industry type to resell the goods or services.  Acceptable market type and/or industry types are entirely at the discretion of Primax Australia
    (e) Primax Australia can at its own discretion stop supply of any Customer  that is ceases to be in accordance with the Customer Qualification Terms or for any other reason.
  3. Conditions of Sale – Price
    Primax Australia reserves the right to vary the prices charged from time to time without notification. Published and quoted prices are (unless otherwise indicated) for the sale of goods or provision of services from Primax Australia and are inclusive of GST
    Whilst Primax Australia endeavours to publish all prices correctly, Primax Australia shall be entitled to vary the price for goods and services if there is a variation in the cost to Primax Australia of supplying the goods or services or an error by Primax Australia in calculating the price.
    Primax Australia does not notify the Customer of any prices quoted or specified by the Customer that differ from a current price quoted or published by Primax Australia. It is the responsibility of the Customer to ensure that prices the Customer is expecting to pay is current at the date of ordering.
    Primax Australia will be entitled to adjust the price for goods and services ordered by you to the correct price and information and you agree to pay Primax Australia such corrected price for all prices quoted or specified by the Customer that are incorrect or not current.
  4. Conditions of Sale – Quotations
    Quotations issued by Primax Australia are open for the Customer to whom the quotation is addressed to place an order within the time period stated on the quotation and such orders are subject to acceptance by Primax Australia.
    Orders placed by Customers on such quotations are based on the details provided by the Customer to Primax Australia.  Quotations where exact specifications of the scope, nature or extent of the work are not available at the time are deemed estimates only.
    In the event the scope, nature or extent of the work required to be undertaken by Primax Australia to supply the goods or provide the services change or the Customer requests any changes to be made, the Customer accepts to be fully responsible for and pay for all extra associated costs and charges.
    Goods and services (including, without limitation, changes in the scope, nature or extent of work) will be invoiced at the price ruling at the date of your order.
  5. Conditions of Sale – Payment
    Where credit facilities have been approved by Primax Australia, payment for goods and services shall be due and payable in accordance with the terms of the Customer’s account.
    Primax Australia reserves the right to terminate all or part of the Customer’s credit facility at any time and to require full or part payment with order or prior to despatch.
    Primax Australia may charge interest on any overdue payment for the length of any such delay in payment.
    Primax Australia reserves the right to withhold further deliveries of goods or the provision of services until all arrears from the Customer have been paid.
    The Customer agrees to pay all costs incurred by Primax Australia for the collection of any monies owing by the Customer to Primax Australia which are not paid when due, including (but not limited to) charges by collection agencies and legal costs and disbursements.
    If the Customer is a person or persons (as opposed to a company or other entity), the Customer charges any property owned by the Customer whether alone or jointly as a tenant in common or as a joint tenant in favour of Primax Australia to secure any monies owing by the Customer to Primax Australia whether or not Primax Australia has taken or has threatened to take any action against the Customer in respect of such amounts.
  6. Conditions of Sale – Supply and Delivery
    Risk of loss and damage to the goods transfers to the Customer shall take place upon despatch or upon Primax Australia making the goods available for collection by the Customer.  Primax Australia shall not be responsible for any loss or damage to goods in transit or otherwise once they have been despatched. Unless with agreement between The Customer and Primax Australia the Customer hereby authorises Primax Australia to nominate a carrier to take delivery of the goods from Primax Australia on behalf and at the risk of the Customer for carriage to the Customer or as the Customer directs.  Arrangements for insurance of the goods are the responsibility of the Customer.  
    Primax Australia will render to the Customer such reasonable assistance as may be necessary to press claims on carriers provided the Customer must have notified Primax Australia and the carrier immediately if any loss or damage is discovered on receipt of goods and must lodge a claim on the carrier within 3 days of the date of receipt of the goods.
    Whilst Primax Australia endeavours to effect deliveries or execute orders by the requested or estimated date, Primax Australia shall not be liable for any loss or damage whatsoever (including, without limitation, special or consequential loss or damage) caused directly or indirectly by any early delivery or delay or failure to deliver.  
  7. Conditions of Sale – Materials and Specifications
    Primax Australia reserves the right to improve, change, alter or discontinue materials and other specifications without prior notice.  All illustrations and samples are intended as a guide and are approximate only and are not binding in detail.
    The Customer accepts that due to the nature of the goods and services supplied by Primax Australia reasonable variations and tolerances in the quality, finishes, sizes, measurements, weight, materials, designs, patterns, tints, colours, shrinkage and other specifications of the goods and services may occur.
    If the Customer intends to print, embroider or otherwise alter ordered goods in anyway, the Customer is encouraged to test the goods actually delivered prior to printing, embroidering or otherwise altering in anyway, as Primax Australia will not be liable for or accept for return any goods which have been printed, embroidered or otherwise altered in anyway.
  8. Conditions of Sale – Special Orders
    Orders for specially ordered goods or services (including but not limited to printed or embroidered garments and custom made products) shall not be cancelled or deferred by the Customer without the prior consent of Primax Australia.
    The Customer accepts that Primax Australia may require full or part payment with order, prior to production, despatch or delivery.
    In the event the scope, nature or extent of the work required to be undertaken by Primax Australia to produce the goods or provide the services change or the Customer requests any changes to be made the Customer will be responsible for and pay for all extra costs and charges associated with the changes.
    In the event the Customer provides Primax Australia with specifications for the provision of goods or services by Primax Australia for the Customer, the Customer warrants to Primax Australia that the specifications and any goods or services supplied by Primax Australia based on the said specifications will comply with all applicable laws relating to the supply of such goods and services and not infringe the trade mark, copyright, patent, design, other intellectual property rights or other rights of any third party, and the Customer shall indemnify and keep Primax Australia fully indemnified from and against any and all claims, liabilities, obligations, expenses or damages Primax Australia may suffer or incur as a result of the use by Primax Australia of the said specifications in the provision of such goods or services to the Customer.
  9. Conditions of Sale – Customer Materials
    The Customer shall be fully responsible for ensuring that it keeps and maintains duplicate originals or copies of any materials and other property (including but not limited to fabrics, artwork, patterns and designs) which it provides to Primax Australia.  Any such materials or property provided to Primax Australia shall be held or used by Primax Australia solely at the risk of the Customer, and Primax Australia shall not be under any liability to the Customer for loss or spoilage of, or damage to, such materials or property.
  10. Conditions of Sale – Shortages
    Claims for shortages must be made in writing within 48 hours of delivery of goods, failing which any such claim shall be deemed to be waived by the Customer.
  11. Conditions of Sale – Goods Return Policy
    Goods may only be returned if they are damaged (prior to delivery), not the ordered goods, oversupplied or defective. Customers wishing to return goods must notify Primax Australia within 3 days of delivery of goods and the goods must be returned to Primax Australia with 14 days of delivery of goods, failing which the basis for any such claim for return shall be deemed to be waived by the Customer.
    No claims for damage will be recognised unless the claim has been made within 3 days of delivery of the goods.
    Primax Australia will not accept any goods (even, without limitation, if they are not the ordered goods or oversupplied) for return which have been printed, embroidered or otherwise altered in anyway (with exception to printing, embroidering or altering carried out by Primax Australia).  Primax Australia therefore encourages the Customer to fully inspect and count all goods and services provided by Primax Australia prior to goods being printed, embroidered or otherwise altered.
    Primax Australia is not obliged to accept goods that are not damaged, not oversupplied or  not defective for return. Primax Australia may in its absolute discretion negotiate or accept such returns.
    In the event Primax Australia agrees for the return of any goods by the Customer, the goods will be at the Customer’s risk until such time as the goods reach the premises of Primax Australia.  All return expenses will be borne by the Customer and restocking fee/s may apply.
    Before any goods may be returned for any reason the Customer must contact Primax Australia for authority to return the goods.
    Unless agreement has been made between the Customer and Primax Australia, the goods must be returned by and at the Customer’s expense in their original packaging with a copy of the original invoice for the goods in order for goods to be accepted by Primax Australia.  Authorisation and acceptance of returned goods by Primax Australia’s staff does not constitute acceptance by Primax Australia of the Customer’s claim for return.
  12. Conditions of Sale – Title and Ownership
    Title to and ownership of goods supplied by Primax Australia shall not pass to the Customer until Primax Australia has received full payment of all goods supplied to the Customer by Primax Australia at any time and the Customer has no indebtedness to Primax Australia, whether for the price of the goods or services supplied or for any other amount which may be owing by the Customer to Primax Australia on any other account (some of which may not necessarily be due for payment); provided however that the Customer shall bear the risk of any loss or damage to or deterioration of the goods from whatever cause arising following despatch of the goods to the Customer.
    Until the price has been paid in full:
    (d) The Customer may resell the goods in the ordinary course of its business (but may not otherwise sell or encumber the goods) and if it does so shall receive the proceeds of resale as trustee of Primax Australia, and shall hold such proceeds as such. Primax Australia shall be entitled to trace the proceeds of resale.
    (e) Primax Australia shall have the right, at any time and without prejudice to any other remedies:
    (i) without liability for trespass or any resulting damage, to enter without prior notice any premises where the goods may be, and to repossess any goods ordered from Primax Australia to the value of any unpaid amounts; and
    (ii) to require the Customer not to resell or part with possession of, otherwise dispose of, charge or otherwise encumber or in any way alter the goods until payment is made in full.
    Primax Australia’s right to retain title of goods shall not affect its rights as unpaid seller.
    The Customer hereby grants Primax Australia an irrevocable perpetual licence to sell all goods (including, without limitation, specially ordered goods, goods which have been embroidered, printed or otherwise altered by or on behalf of the Customer) which are not paid for by the Customer, and the Customer warrants to Primax Australia that the sale of such goods by Primax Australia will not infringe any intellectual property rights or other rights of any third party, and the Customer shall indemnify and keep Primax Australia fully indemnified from any and all claims, liabilities, expenses, obligations or damages Primax Australia may suffer or incur as a result of the sale of such goods by Primax Australia. The ability of Primax Australia to sell such goods shall not affect its rights as unpaid seller.
  13. Conditions of Sale – GST
    If prices published by Primax Australia or included in an order by a Customer do not expressly indicate that the prices include GST then the Customer may be required to pay Primax Australia the amount of the price for the goods and services plus GST.
  14. Conditions of Sale – Force Majeure
    Primax Australia shall not be liable for any direct, indirect special or consequential loss or damage of any kind arising from non-delivery or delay in delivery of any goods or services caused by act of God, riot or civil commotion, strike, lock out, labour disputes, fire, flood, drought, power restrictions, act of government, acts of terrorism, delays in transport, breakdowns in machinery, failure to obtain or shortages of raw materials or other supplies obtained from 3rd parties or any cause whatsoever beyond its control.
  15. Conditions of Sale and Terms of Use- Errors
    You accept that despite reasonable precautions being taken, goods and services may be listed with incorrect information or at an incorrect price due to errors, corruption or like events in this website or in any publication by Primax Australia.
    In these circumstances, Primax Australia will be entitled to cancel the order or to adjust the price for goods and services ordered by you to the correct price and information and you agree to pay Primax Australia such corrected price.
  16. Terms of Use  – Intellectual Property
    The material on this website and in any publication by Primax Australia is copyright.
    You may not in any form or by any means:
         (a)     adapt, reproduce, store, distribute, print, perform, publish or create derivative works from any part of this website; or
         (b)     commercialise any information, products or services obtained from any part of this website, without the prior written consent of Primax Australia.
    You are not permitted to use designs or other intellectual property rights of Primax Australia without the prior written consent of Primax Australia.
    The Customer is authorised to print hard copy portions of this website for the Customer’s own internal records and only in relation to orders placed by the Customer using this website.
  17. Terms of Use – Website Restricted Use
    Except as authorised by Primax Australia, the Customer is provided with access to this website for the personal use of the Customer, and the Customer may not pass on or otherwise disclose any of the information contained on this website to any other person or trading entity.
    Without limiting the foregoing, the Customer is authorised to print hard copy portions of this website for the Customer’s own internal records and only in relation to orders placed by the Customer using this website.
  18. Terms of Use – Warnings
    You accept that you must take your own precautions to ensure that use of this website does not expose you to risk of viruses or any forms of interference which may cause damage to your computer.
    The website www.schoolproductsaustralia.com.au may contain links to other websites. These links are provided for convenience only, and Primax Australia does not endorse or make any representations or warranties about those websites. The use of such websites is at the Customer’s own risk in all things.
    Primax Australia does not warrant the accuracy, adequacy or completeness of information contained on this website or in any Primax Australia publication, nor does Primax Australia guarantee to keep this website updated. Primax Australia does not accept any responsibility for any loss suffered as a result of reliance by you upon the accuracy or currency of this website or any Primax Australia publication.
    Primax Australia does not accept responsibility or liability for any of the foregoing.
  19. Indemnity
    The Customer agrees to indemnify and keep Primax Australia fully indemnified from and against any and all suits, actions, claims, demands, losses, liabilities, damages, costs and expenses which Primax Australia may suffer or incur arising in any way in connection with the Customer’s use of this website or a breach by the Customer of these Terms of Use.
  20. Terms of Use and Conditions of Sale Disclaimer
    To the maximum extent permitted by law, any condition or warranty which would otherwise be implied into these Terms of Use is hereby excluded.
    To the maximum extent permitted by law and subject to the following paragraph, the Customer agrees that Primax Australia has no liability, and will not be liable, to the Customer or any other person whether in contract, tort or otherwise for any costs, expenses, injury, loss or damage of any kind (including, without limitation, direct, indirect, special or consequential loss or damage of any kind, loss or profits, loss or corruption of data, business interruption or indirect costs) the Customer or any other person may suffer or incur arising in any way from the Customer’s use of this website.
    If rights are conferred upon the Customer or obligations are imposed upon Primax Australia by certain Federal or State legislation which cannot be excluded, the provisions shall be read subject to those rights or obligations, and to the extent permitted by such legislation Primax Australia hereby expressly limits its liability under any such legislation to the maximum extent permitted by law.
    The Customer agrees that the liability of Primax Australia is limited to:
         (a)     in the case of the supply of goods by Primax Australia, any 1 or more of the following (at Primax Australia’s option):
              (i)      the replacement of the goods or the supply of equivalent goods;
              (ii)      the repair of the goods;
              (iii)      the payment of the costs of replacing the goods or of acquiring equivalent goods; or
              (iv)      the payment of the costs of having the goods repaired; or
         (b)     in the case of the supply of services by Primax Australia, any 1 or more of the following (at Primax Australia’s option):
              (i)      the supply of the services again; or
              (ii)      the payment of the costs of having the services supplied again.
    Primax Australia’s total aggregate liability (if any) to a Customer arising in any way in connection with the use of this website will not, in any event, exceed the amount invoiced by Primax Australia to the Customer in connection with the use of this website by the Customer pursuant to which any such liability of Primax Australia to the Customer arises.
  21. Miscellaneous
    Nothing in these Terms of Use and Conditions of Sale shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law.
    These Conditions are subject to variation by Primax Australia at any time.
    Any provision of these Conditions which is or becomes prohibited or unenforceable in any jurisdiction shall be ineffective. Any such prohibition or unenforceability shall not invalidate any term or condition set out in these Terms of Use and Conditions of Sale.

PRIVACY STATEMENT

IN REGARD TO INFORMATION COLLECTED BY PRIMAX AUSTRALIA

Your confidence and knowledge that we respect your privacy is important to us.
Any personal or company information received by Primax Australia will not be onsold to any third party database for any reason without the prior knowledge and consent of the relevant individual or companies authorised representative. Information you provide will be used for the purpose of processing your order and for Primax Australia to provide updates and to advise changes.