TERMS & CONDITIONS

WEBSITE TERMS AND CONDITIONS

Please take the time to read these terms and conditions.  By using Our Website and the information offered on Our Website, you are agreeing to these terms and conditions.

If you purchase products through our Website, there will be additional terms and conditions relating to the purchase.  Please make sure you agree with these terms and conditions, which you will be directed to read prior to making your purchase.

Definitions

the Website means the website parnellsmetal.com.au

We / Us etc means Parnell’s Metal Industries Pty Ltd and any subsidiaries, affiliates, employees, officers, agents or assigns.

Accuracy of content

We have taken proper care and precautions to ensure that the information we provide on this Website is accurate.  However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site.

The information contained on this Website should not take the place of professional advice. 

Use

The Website is made available for your use on your acceptance and compliance with these terms and conditions.  By using this Website, you are agreeing to these terms and conditions.

You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations.

You agree that you will not use, nor will you allow or authorise any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the Website or the Services. 

If you contribute to our forum (if any) or make any public comments on this Website which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Website or the Services offered, then we may at our discretion, refuse to publish such comments and/or remove them from the Website.

Indemnification for loss or damage

You agree to indemnify Us and hold Us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.

Intellectual property and copyrights

We hold the copyright to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the. You must not use or replicate our copyright material other than as permitted by law.  Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by Us, in which case we may require you to sign a Licence Agreement. 

If you wish to use content, images or other of our intellectual property, you should submit your request to us at the following email address:

accounts@parnellsmetal.com.au

TRADEMARKS

The trademarks and logos contained on this Website are trademarks Parnell’s Metal Industries Pty Ltd.  Use of these trademarks is strictly prohibited except with Our express, written consent.

LINKS TO EXTERNAL WEBSITES

This Website may contain links that direct you outside of this Website.  These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, it’s contents or any associated website, product or service.  We accept no liability for loss or damage arising out of or in connection to your use of these sites. 

You may link to our articles or home page.  However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing.  We may withdraw our consent to you linking to our site at any time by notice to you.

LIMITATION OF LIABILITY

We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Services.  Statements made are by way of general comment only and you should satisfy yourself as to their accuracy.    We are not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website.

INFORMATION COLLECT

Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Services, is governed by our Privacy Policy.  By using this Website and the Services associated with this Website, you are agreeing to the Privacy Policy.  To view our Privacy Policy and read more about why we collect personal information from you and how we use that information, click here.

CONFIDENTIALITY

All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy.  However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.

GOVERNING LAW

These terms and conditions are governed by and construed in accordance with the laws of Queensland, Australia.  Any disputes concerning this website are to be resolved by the courts having jurisdiction in Queensland.

We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.

MATERIAL SUPPLY

Where the Customer orders a particular brand of product, the Company may in its absolute discretion supply another product with identical or similar properties to that which was ordered (“the Equivalent”) and the Customer will be obliged to accept and pay for the Equivalent as if the ordered brand of product had been supplied. Where an Equivalent is supplied, the Company will not be under any obligation to notify the Customer of such occurrence, and Customers should note that the use of colour names in any Company document indicate no more than the colour of product supplied or its equivalency. This term will not apply if, and only if, the Customer has given notice in writing to the Company stating that the Customer is only prepared to accept products bearing the brands or trade marks specified in its orders. 

DEFECTS

The Customer shall inspect the Goods upon delivery and will, within 48 hours, notify the Company of any defects, short deliveries or any failure to fulfil any quotation or order. The Customer will, within a reasonable time following delivery, grant the Company access to the Goods in order to inspect for any alleged defects. Should the Customer fail to notify the Company within the specified period then the Goods shall be deemed to be in compliance with the order and free from any defect whatsoever.

CLAIMS

No claim by the Customer for poor workmanship or failure to supply products conforming to the Customer’s orders shall be recognised by the Company unless made in writing to the Company within 14 days after delivery of the Goods to the Customer. No claim involving labour charges or product replacement will be recognised by the Company unless the Company’s agreement to the value of such claim is obtained immediately such a problem becomes evident and the Customer has demonstrated that he has taken all possible action to minimise the effect of such a claim and the Company has been given sufficient time to investigate and take such action it feels necessary to resolve the problem. No claims will be recognised by the Company relating to Goods which have been fixed unless in the Company’s view the problem could not have been detected during the fixing process. Claims for lost time or waiting time will not be approved by the Company. No claim will be recognised by the Company for any loss, damage or injury of any kind whatsoever, arising directly or indirectly from the Customer’s failure to obtain independent professional and/or tradesman’s advice in relation to the suitability of the Goods for any specific purpose. The Company shall not be liable to the Customer for any loss of profits or consequential, indirect or special loss, damage or injury of any kind whatsoever, arising directly or indirectly from any defect in the Goods or their installation (regardless of any express or implied terms, or by reason of the Company’s negligent act or omission or otherwise at common law).

In the event that the Company is found liable the Customer’s claim is limited to the amount of the Goods supplied by the Company.

RETURNED GOODS

Stock items only may be returned for credit within 30 days from date of delivery if they are in prime condition, and will be subject to a handling fee of 15%. The invoice number and delivery date must be quoted upon return. Goods will not be accepted for credit after 30 days from date of delivery. If specially manufactured to the Customer’s requirements, Goods may not be returned for credit.