Capital Machinery Sales Online Sales Terms of Use

These Terms of Use apply to the Capital Machinery Sales website, mobile website and mobile application (together referred to as "this website"), which is owned and operated by Capital Machinery Sales Pty Ltd ACN 256 962 254  (“Capital Machinery”). By using or accessing this website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.

 
1.  
Ordering goods

Any order placed by you in the manner required on this website is an offer by you to purchase a particular product or service for the price (including the delivery and other charges) specified on this website at the time you place your order. You acknowledge that, by placing your order, you are agreeing to pay for and accept delivery of the goods ordered.  Capital Machinery Sales may change the prices published on this website at any time. Prices of products are subject to change until payment is made, including the prices for items placed in the 'shopping cart' but not yet paid for. While every effort has been made to ensure the accuracy of prices, images and information displayed on this site, Capital Machinery Sales is not responsible for any error and reserves the right to accept or reject your offer for any reason, including without limitation, the unavailability of any product, an error in the price, image or the product description posted on this website, or an error in your order. If the goods you have ordered are not available, we will contact you. We may require additional verification or information before accepting any order. We only accept orders online from within Australia. If you wish to order products for delivery outside Australia please contact us on (61) 3 9706 6000.

2.  Title and risk

Title to the goods purchased through this website does not pass from Capital Machinery Sales to you until we have received payment in full for the goods. All risk in the goods passes to you upon delivery to your address.

3.   Transaction Currency

All Transactions on this website are processed in Australian Dollars.

4.  GST

The final check out price is GST inclusive, unless stated otherwise.

5.  Shipping Policy

The shipping costs will be calculated based on your total order, and will be shown prior to you confirming the order. Orders are dispatched on the following business day, provided the order is received before 6pm.

We offer Express Delivery with most products, however delivery times may vary depending on product size and weight.

Capital Machinery Sales delivers across Australia, however deliveries to remote areas may attract additional fees.  Delivery is made by courier, or Australia Post.  If you authorise us to leave goods at your premises, you take responsibility for the goods from dispatch. When you have not authorised us to leave goods at your premises if they are unattended, then you will be required to sign to accept delivery.

6.  Cancellations

Once you have completed your purchase on the website, and paid for the products, the sale is complete.

7.  General Returns Policy

Should you find any product unsatisfactory, please contact us immediately.  If a product is faulty we will accept return, unless the fault is as a result of misuse by you, or damage otherwise caused by you.  We will not refund the sale price unless faulty products are returned to us within seven business days of the goods being delivered to you.

8.  Security 

When purchasing from Capital Machinery Sales your financial details are passed through a secure server using  the latest 128-bit SSL (secure sockets layer) encryption technology.128-bit SSL encryption is approximated to take at least one trillion years to break, and is the industry standard. If you have any questions regarding our security policy, please contact our customer support centre at support@capitalmachinery.com.au.

9. Privacy Policy

We will request your name, address, email address and phone numbers and credit card details when you make a purchase on this website, or if you sign up to receive our newsletters. All customer contact details will be kept securely in our database. We do not sell or disclose this information to any other person. We do not store or keep any credit card details. When you give us your email address you consent to us to communicating with you by email, to send you information on promotions, products and news. Should you no longer want to receive communications with us then please click on the unsubscribe link on the bottom of all emails.

11. Privacy of your password

If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

12. Refusal of Service

Capital Machinery Sales reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. All restrictions and licences granted by you and limitations of Capital Machinery Sales' liability will survive termination.

13. Website contents, ownership, and use restrictions

The material on this site is protected by copyright under the laws of Australia and other countries through international treaties.

Unless otherwise indicated and except for information directly from or links to third-party websites, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support this site including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as the Contents) are owned or controlled, and are reserved by Capital Machinery Sales and it's related companies, affiliates, licensors and licensees.

14. Information from and Links to Third Party Websites

This site may contain information from or hyperlinks and other pointers to internet websites operated by third parties. Capital Machinery Sales is not responsible for the contents of any such information or website. Capital Machinery Sales provides such information and hyperlinks for your convenience only.  Capital Machinery Sales does not endorse any such linked website. If you rely on such information or websites, you do so entirely at your own risk. You are referred to the relevant third party websites for all information regarding the third parties' products and/or services. Third parties are solely responsible to you, subject to their conditions, for all issues relating to their website including information, goods, services, prices and the delivery of any goods or services you purchase on the third party website.

15. Personal, non-commercial use

You must not, without our prior written permission, exploit any of our site materials for commercial purposes or other purposes that are not related to purchasing goods from this website.

16. Disclaimer of liability

To the extent permitted by law, Capital Machinery Sales will not be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, including (but not limited to) loss of use, data, or profits, arising out of or in connection with: (1) the use, copying, or display of the contents of this site; (2) goods or services supplied by Capital Machinery Sales under these Terms of Use; or (3) a failure or omission on the part of Capital Machinery Sales to comply with its obligations under these Terms of Use.

16. Limitation of liability

Our total liability to you (if any) in connection with your use of this website, or with these Terms of Use or any goods or services supplied under them, will be limited, at our election, to: (1) in the case of information or services supplied or offered by us, the re-supply of the information or services or payment of the cost of doing this; (2) in the case of goods supplied or offered by us, repair or replacement of the goods, supply of equivalent goods, or payment of the cost of doing this; and/or (3) the amount paid by you (if any).

17. Disclaimer of warranty

Capital Machinery Sales is providing this website on an 'as is' basis and use of this content is at your own risk. Capital Machinery Sales and its related companies, affiliates, licensors or licensees, and their respective directors, officers, employees or agents make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on this website (including in relation to any products or services). To the extent permitted by law, none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on this site. To the extent permitted by law, Capital Machinery Sales expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of acceptability or fitness for purpose.

18. Rights we cannot exclude

The above disclaimer and liability limitation do not exclude any rights, which by law may not be excluded, including but not limited to your rights under the Competition and Consumer Act 2010.

19. Governing law

Capital Machinery Sales controls and operates this site from its offices within Australia. These Terms of Use are governed by the laws of the State of Victoria. You and Capital Machinery Sales agree to submit to the non-exclusive jurisdiction of the courts of Victoria. If you choose to access this site from another location, you are responsible for compliance with applicable local laws.

20. Revisions to Terms of Use

Capital Machinery Sales may revise or amend these Terms of Use at any time at our absolute discretion by  posting revised terms on this website. You agree that, in the event that any portion of these Terms of Use is found to be unenforceable, the remainder of these Terms of Use remain in full force and effect. Any revisions will be effective immediately. By continuing to use this site after any revision is posted, you agree to be bound by the revised Terms of Use.

21.  We can use your feedback

You grant Capital Machinery Sales an irrevocable, non-exclusive licence to use any material, information and ideas that you transmit to this website or otherwise provide to Capital Machinery Sales from the time you authorise it to be sent. You agree that we can use and adapt any ideas, concepts, techniques, words, images or other content contained in these transmissions for any purpose and without restriction or compensation.