Nu-Pure Pty Ltd, ABN 47 423 476 (“Nu-Pure”) is firmly committed to protecting your privacy. We understand and appreciate that users of our website (at www.nu-pure.com.au) and our customers generally are concerned about their privacy and the confidentiality and security of any information that may be provided to us. We therefore aim to maintain a safe and secure system of handling your personal information and will ensure that your personal information is handled in compliance with the Privacy Act 1988 (Cth), and the Australian Privacy Principles.
Collecting and using information
The only personal information we collect about you is what you tell Nu-Pure about yourself when you fill in a form, send us an e-mail, enter a competition, contact us via telephone or otherwise make a request/enquiry. This information may include your name, e-mail, mailing addresses and contact numbers.
We use your personal information only for the purposes it was given. Your personally identifiable information will not be sold or otherwise transferred to unaffiliated third parties without your approval at the time of collection.
Disclosure of information
We consider all your information to be private and confidential and ensure the highest standards in safeguarding and using such information. We do not sell, rent, lease or share any of your information with any non-affiliated third parties. We may use and disclose your information if such disclosure is necessary to comply with any applicable law or in pursuance of any order from law enforcement or other government agency or in response to a subpoena or similar investigative demand, a court order or as otherwise required by law.
Security of Information
We consider all your personal information as highly private and confidential. We do take appropriate security procedures and measures including but not limited to physical, electronic, technical and procedures to help safeguard your personal information against any loss, unauthorised access, destruction, misuse and unauthorised disclosure. We store all your personally identifiable information in a secure location. Only authorised employees are permitted to access personal information, and they may do so only for permitted business functions. Please note: no system can be completely secure. Although we take several measures, we do not guarantee that your personal information or other communications will always remain safe and secure.
Terms and Conditions of Trade
Nu-Pure Unit Trust ATF Nu-Pure Pty Ltd – Terms and Conditions of Trade © Copyright – EC Credit Control Pty Ltd – 2004 1. Definitions 1.1 “Seller” means Nu-Pure Unit Trust ATF Nu-Pure Pty Ltd (ABN: 47 423 476 244) of 1/76 Quinns Hill Road East, Stapylton Qld 4207.
1.2 “Customer” means the Customer or any person acting on behalf of and with the authority of the Customer.
1.3 “Guarantor” means that person (or persons), or entity who agrees herein to be liable for the debts of the Customer on a principal debtor basis.
1.4 “Goods” mean goods supplied by the Seller to the Customer (and where the context so permits include any supply of Services as hereinafter defined).
1.5 “Services” mean all services supplied by the Seller to the Customer and includes any advice or recommendations (and where the context so permits include any supply of Goods as defined supra).
1.6 “Price” means the cost of the Goods as agreed between the Seller and the Customer subject to clause 4 of this contract.
2.1 Any instructions received by the Seller from the Customer for the supply of Goods and/or the Customer’s acceptance of Goods supplied by the Seller will constitute acceptance of the terms and conditions contained herein.
2.2 Where more than one Customer has entered into this agreement, the Customer’s will be jointly and severally liable for all payments of the Price.
2.3 Upon acceptance of these terms and conditions by the Customer the terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions or with the written consent of the manager of the Seller.
2.4 None of the Seller’s agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the manager of the Seller in writing nor is the Seller bound by any such unauthorised statements.
2.5 The Customer undertakes to give the Seller not less than fourteen (14) days prior written notice of any proposed change in the Customer’s name and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s address, facsimile number, or business practice).
3.1 The Goods are as described on the invoices, quotation, work authorisation or any other work commencement forms as provided by the Seller to the Customer.
4. Price And Payment
4.1 At the Seller’s sole discretion the Price will be either; (a) as indicated on invoices provided by the Seller to the Customer in respect of Goods supplied; or (b) the Seller’s current Price, at the date of delivery of the Goods, according to the Seller’s current Price list; or (c) the Seller’s quoted Price (subject to clause 4.2) which will be binding upon the Seller provided that the Customer will accept in writing the Seller’s quotation within thirty (30) days.
4.2 Any variation from the plan of scheduled works or specifications will be charged for on the basis of the Seller’s quotation and will be shown as variations on the invoice. Payment for all variations must be made in full at their time of completion.
4.3 Time for payment for the Goods will be of the essence and will be stated on the invoice, quotation or any other order forms. If no time is stated then payment will be on delivery of the Goods.
4.4 The Seller may withhold delivery of the Goods until the Customer has paid for them, in which event payment will be made before the delivery date.
4.5 At the Seller’s sole discretion, payment for approved Customer’s will be due on seven (7) days following the end of the month in which a statement is posted to the Customer’s address or address for notices.
4.6 At the Seller’s sole discretion, for certain approved Customers payment will be due seven (7) days following the date of the invoice.
4.7 Payment will be made by cash on delivery, or by cheque, or by bank cheque, or by credit card, or by direct credit, or by any other method as agreed to between the Customer and the Seller.
4.8 The Price will be increased by the amount of any GST and other taxes and duties which may be applicable, except to the extent that such taxes are expressly included in any quotation given by the Seller.
5. Delivery Of Goods and Services
5.1 Delivery of the Goods will be made to the Customer’s address. The Customer will make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery, or delivery of the Goods will be made to the Customer at the Seller’s address.
5.2 Delivery of the Goods to a carrier, either named by the Customer or failing such naming to a carrier at the discretion of the Seller for the purpose of transmission to the Customer, is deemed to be a delivery of the Goods to the Customer.
5.3 Where there is no agreement that the Seller will send the Goods to the Customer, delivery to a carrier at limited carrier’s risk at the expense of the Customer is deemed to be delivery to the Customer.
5.4 Delivery of the Goods to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this agreement.
5.5 The Customer will take delivery of the Goods tendered notwithstanding that the quantity so delivered will be either greater or less than the quantity purchased provided that; (a) such discrepancy in quantity will not exceed 5%, and (b) the Price will be adjusted pro rata to the discrepancy.
5.6 The failure of the Seller to deliver will not entitle either party to treat this contract as repudiated.
5.7 The Seller will not be liable for any loss or damage whatever due to failure by the Seller to deliver the Goods (or any of them) promptly or at all.
6.1 If the Seller retains property in the Goods nonetheless, all risk for the Goods passes to the Customer on delivery.
6.2 If any of the Goods are damaged or destroyed prior to property in them passing to the Customer, the Seller is entitled, without prejudice to any of its other rights or remedies under these Terms and Conditions of Trade (including the right to receive payment of the balance of the Price for the Goods), to receive all insurance proceeds payable for the Goods. This applies whether or not the Price has become payable under the Contract. The production of these terms and conditions by the Seller is sufficient evidence of the Seller’s rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiries.
7. Customer’s Disclaimer
7.1 The Customer hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to him by any servant or agent of the Seller and the Customer acknowledges that he buys the Goods relying solely upon his own skill and judgement and that the Seller will not be bound by nor responsible for any term, condition, representation or warranty other than the warranty given by the Manufacturer which warranty will be personal to the Customer and will not be transferable to any subsequent Customer.
8.1 The Customer will inspect the Goods on delivery and will within seven (7) days of delivery notify the Seller of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer will afford the Seller an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way. If the Customer will fail to comply with these provisions, the Goods will be conclusively presumed to be in accordance with the terms and conditions and free from any defect or damage.
8.2 For defective Goods, which the Seller has agreed in writing that the Customer is entitled to reject, the Seller’s liability is limited to either (at the Seller’s discretion) replacing the Goods or repairing the Goods provided that: (a) the Customer has complied with the provisions of clause 8.1; (b) the Goods are returned at the Customer’s cost within seven (7) days of the delivery date; (c) the Seller will not be liable for Goods which have not been stored or used in a proper manner; (d) the Goods are returned in the condition in which they were delivered with all packaging material.
8.3 The Seller may (in its discretion) accept the Goods for credit but this may incur a handling fee of 10% of the value of the returned Goods plus any freight.
9.1 Subject to the conditions of warranty set out in Clause 9.2 the Seller warrants that if any defect in any workmanship manufactured by the Seller becomes apparent and is reported to the Seller within three (3) months of the date of delivery (time being of the essence) then the Seller will either (at the Seller’s sole discretion) repair the defect or replace the workmanship.
9.2 The conditions applicable to the warranty given by Clause 9.1 are: (a) The warranty will not cover any defect or damage which may be caused or partly caused by or arise through: (i) failure on the part of the Customer to properly maintain any Goods; or (ii) failure on the part of the Customer to follow any instructions or guidelines provided by the Seller; or (iii) any use of any Goods otherwise than for any application specified on a quote or order form; or