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1. About us
1.1 Company details
WIRE MESH WORLD PTY LTD, bearing company number ACN 604 159 891 trading as Priority Steel (ABN: 25 604 159 891) (we and us) is a company registered under the Corporations Act 2001 (Cth) and our registered office is at 1/9 Vangeli Street Arndell Park 2148 NSW Australia. We operate the website wiremeshworld.com.au
1.2 Contacting us
To contact us, telephone or email our customer service teams at our Warehouses, details of which are set out below:
SYDNEY WAREHOUSE:
(a)Telephone : 02 9679 7262 / 0426 266 668
(b)Email : wiremeshworld01@gmail.com /sales@wiremeshworld.com.au
(c)Address : 1/9 Vangeli Street Arndell Park 2148 NSW Australia
ADELAIDE WAREHOUSE:
(a)Telephone : 0416 266 668
(b)Email : fencingsuppliesadelaide@gmail.com
(c)Address : 10 Myuna St, Regency Park 5010 SA Australia
How to give us formal notice of any matter under the Agreement is set out in clause 19.2.
2. User Agreement
2.1 Our Agreement
By using the wiremeshworld.com.au website (Website) you accept these terms and conditions (Terms) that apply to the order(s) placed by you and supply of goods by us to you (Agreement) and our Privacy Policy. No other terms are implied by trade, custom, practice or course of dealing. This Agreement is between you and Wire Mesh World Pty Ltd (referred to in this Agreement as (“we”, “us” or “our”). We may change these Terms at any time, and changes will be posted on the Website. By continuing to use the Website you agree to be bound by the changes.
2.2 Entire agreement
The Agreement is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty that is not set out in the Agreement.
2.3 Language
These Terms and the Agreement are made only in the English language.
3. Access and Use of the Website
3.1 You must only use the Website through the interfaces provided by us and in accordance with these terms and any applicable law.
3.2 You are responsible for ensuring that anyone who accesses our Website through your internet connection is aware of these Terms and that they comply with them.
3.3 We do not guarantee that the website will be secure or free from bugs or viruses. You should use your own virus protection and software.
3.4 You must not (or attempt to):
(a)interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our Website or the servers or networks that host our Website;
(b)use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our site;
(c)interfere (or attempt to interfere) with security-related or other features of our site; or
(d)use, copy or distribute (or attempt to use, copy or distribute) content without our express permission.
3.5 We may refer fraudulent or abusive or illegal activity to the relevant authorities.
3.6 We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.
4. Placing an order and its acceptance
4.1 Placing your order
You may place your order via our Website by following the onscreen prompts to place an order. Each order is an offer by you to buy the goods that have been added to the cart on the Website (Goods) subject to these Terms.
4.2 Correcting errors
Our order process allows you to check and amend any errors for orders placed via our Website. You may check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate. Once the order is received by us, it will be considered confirmed.
4.3 Accepting your order
After you place an order upon completing the process and payment is made in full, you will receive an order confirmation via email from us.
4.4 If we cannot accept your order
If we are unable to supply you with the Goods for any reason including but not limited to circumstances where we believe there may be:
(a)a credit card or payment fraud (detected prior to the goods being shipped), or
(b)where your order cannot be shipped, or
(c)an error in the price or product description on the Website,
we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.
4.5 Inability to fulfil order for reasons beyond our control
We reserve the right to notify you that goods for which you placed orders have become unavailable for reasons beyond our control. Your order may be delayed, or you may receive a full refund or store credit (at your election) in the event we cannot fulfil your order.
4.6 Stock availability
Acceptance of any orders on this Website or by email will be subject to the availability of stock of Goods and materials required to manufacture the Goods. We are under no obligation to maintain stocks of Goods.
4.7 Cancellation
Subject to clause 10.5, once your order has been confirmed, it cannot be cancelled.
5. Our goods
5.1 The images of the Goods on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Goods visually. The colour of your Goods may vary slightly from those images.
5.2 We will make reasonable efforts to ensure the Goods align with the product description stated on the packaging, however, due to the natural variability of raw material such as quality and the strength of steel and other raw material used in manufacturing the Goods, minor differences between batches may occur.
5.3 The packaging and product labels of your Goods may look visually different from that shown on images on our Website.
5.4 [Our labelling information is provided as a guide only and it will be your responsibility to ensure:
(a)the accuracy of the labelling information;
(b)conformity of the Goods to the label;
(c)that the sale of the Goods complies with all applicable laws and regulations of Australia and/or the country for which the Goods are destined.]
5.5 We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement.
6. Our customers
6.1 We sell wholesale and bulk quantities of Goods through our physical Warehouses and our online store via the Website. We will dispatch the orders placed on the Website as per the instructions provided by the Customer(s) in accordance with clause 4. [Approval of your packaging and product labels is contingent upon compliance with legal requirements and subject to our review.
(a)End Customers
End customers are individuals or businesses who purchase Goods for their own non-commercial use.
(b)Wholesale Customers
Wholesale Customers may include retailers, businesses, contractors, builders, developers and other commercial entities that may purchase Goods in bulk. For bulk orders, Wholesale Customers must provide specifications, quantities and delivery address. We will review all details for compliance with relevant safety and building standards.
6.2 Title and risk of loss passes on delivery in accordance with our standard delivery terms. Additional delivery charges may apply depending on location, quantities and delivery method.
6.3 We reserve the right to refuse service, cancel orders or limit quantities at our discretion. Your request will be reviewed and approved by us, subject to legal compliance and other requirements, and thereafter the products will be manufactured based on the order quantities and as per the specifications that may be provided by the Wholesale Customer(s) and accepted by us. Notwithstanding the pricing on the Website, the pricing for bulk orders will be assessed and reviewed by us once every three (3) months taking account of the price variations of the material. The delivery of such bulk orders may be made either directly to the commercial customer’s end client(s) which shall be at an additional charge or to the commercial customer themselves.
7. Delivery, transfer of risk and title
7.1 We will contact you with an estimated delivery date, which will be within three (3) to thirty (30) days after the date on which we email you with the order confirmation, depending on the order quantity. Occasionally our delivery to you may be affected by an Force Majeure Event. See clause 17 for our responsibilities when this happens.
7.2 Delivery is complete once:
(a)the Customer takes possession of the Goods at the Supplier’s Warehouse;
(b)the Goods are delivered to the address as indicated by you in the case of Retail Customers and Wholesale Customers; or
(c)the Goods are ready for collection, in the event you have informed us that you will be arranging collection, and you have been notified of this;
and the Goods will be at your risk from that time onwards.
7.3 You own the Goods once we have received payment in full, inclusive of all applicable delivery charges.
7.4 If you fail to accept delivery within seven (7) days after the day on which you have been notified that the Goods are ready for delivery, we may resell part of, or all the Goods. We shall repay you the price you paid for the Goods after deducting reasonable storage, insurance, selling costs (including cost of delivery) and any shortfall between the resale price and the price you paid for the Goods.
7.5 If you opt to organise pick up, it is your responsibility to ensure that the Goods are collected within seven (7) days after the day on which you have been notified that the Goods are ready for delivery. If you fail to collect the Goods within the said seven (7) days, we will charge you reasonable storage costs, which will be calculated as 2% accruing on a monthly basis of the total cost of the Goods along with any applicable insurance charges, which will be invoiced to you.
7.6 Customer’s Obligations
(a)The Customer shall be responsible for taking all necessary steps to accept delivery of the Goods when tendered. If the Customer is unable to or fails to accept delivery as arranged, we may charge reasonable additional fees for any subsequent delivery attempts.
(b)It is the Customer's responsibility to thoroughly inspect the delivered or picked-up Goods, including verifying the quantity, and promptly inform the Supplier of any discrepancies within a period of 2 business days.
7.7 Delivery to Third Parties
Delivery to any third party designated by the Customer shall be deemed delivery to the Customer for the purposes of this Agreement.
7.8 Instalment Delivery
We reserve the right to effect delivery of the Goods in instalments. Each instalment shall be invoiced and paid for independently pursuant to the Terms herein.
7.9 Delayed Delivery
Failure to deliver the Goods in a timely manner, whether in whole or in part, shall not entitle either party to treat this Agreement as repudiated on account of such delay alone.
7.10 Liability for Delay or Non-Delivery
(a)Under no circumstances shall the Supplier incur liability for losses caused by any delay in delivery or failure to deliver the Goods for any reason.
(b)If we fail to deliver the Goods, our liability is limited to the cost of providing replacement goods. However, we will not be liable to the extent that any failure to deliver was caused by an Force Majeure Event, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply and delivery of goods.
7.11 If:
(a)PPS Law applies or commences to apply to these Terms or any transaction contemplated by them, or the Supplier determines (based on legal advice) that this is the case; and
(b)in the Supplier's opinion, the PPS Law:
(i)does or will adversely affect the Supplier's security position or obligations; or
(ii)enables or would enable the Supplier's security position to be improved without adversely affecting the Customer,
the Supplier may give notice to the Customer requiring the Customer to do anything (including amending these Terms or execute any new terms and conditions) that in the Supplier's opinion is necessary, to the maximum possible extent, to overcome the circumstances contemplated in clause 7.11(b)(i) or improve the security position as contemplated in clause 7.11(b)(ii). The Customer must comply with the requirements of that notice within the time specified in the notice. If having completed everything reasonably practicable as required under this paragraph, in the Supplier's opinion the Supplier's security position or obligations under or in connection with these Terms have been or will be materially adversely affected, the Supplier may by further notice to the Customer cancel these terms of trade. If this occurs, the Customer must pay to the Supplier any money owed to the Supplier by the Customer immediately.
8. Variations to the Order
8.1 Wholesale Customers may request that its Order be varied by providing a request in writing to the Supplier. A request for a variation must be agreed to in writing by the Supplier in order to have effect.
8.2 If the Wholesale Customers wishes to vary its requirements once an Order has been accepted by the Supplier or after the placement of an Order, the Supplier reserves the right to vary the Order to include any Additional Charge in respect of any extra costs incurred or additional work carried out due to the variation, in accordance with its then current charge rates.
8.3 The Supplier has an automatic extension of time for the provision of the Goods equal to the delay caused by the variation.
9. Return and refund
9.1 You may not cancel or change the Order and the Agreement once it has been placed.
9.2 In the event you have over-ordered stock and wish to return the unused portion, the Supplier may, at its sole discretion, choose to refund you for the unused amount and impose a 10% restocking fee, provided that the original packaging remains intact under specific circumstances.
9.3 You must check your package for any physical damage prior to accepting delivery and if there are any damages you must not accept delivery. We will not be liable for Goods which are damaged in transit if the Proof of Delivery (POD) is signed and goods are accepted.
9.4 If there is an issue with the Order, you must inform us within Forty-Eight (48) hours of the Goods being delivered with photographic evidence. If we are satisfied that the Goods have are faulty or misdescribed, we will inform you in writing that you can return the Goods to us. Once we have received the Goods, we will refund the price of the Goods by way of a bank transfer to a bank account nominated by you or on the credit card or debit card used by you to pay.
9.5 You must return the Goods to either one of our Warehouses without undue delay and in any event not later than fourteen (14) days after the day on which we have informed you in writing that you can return the Goods to us. You must bear the cost of this returns process. Goods can be sent back to our returns addresses accordingly; from the same place it was dispatched.
10. Price of goods and delivery charges
10.1 The prices of the Goods will be per unit as quoted on our Website (inclusive of GST), or in the Quote. We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However, please see clause 10.5 for what happens if we discover an error in the price of Goods you ordered or there is a change of price of the Goods between the Order date and dispatch date due to any significant tariff changes relating to the raw materials used in the manufacture of the Goods.
10.2 Subject to clause 10.1, prices for our Goods may change from time to time, but changes will not affect any Order you have already placed.
10.3 The price of Goods includes GST. The applicable current rate of GST chargeable in Australia for the time being will be notified to you during the check-out process on our Website. However, if the rate of GST changes between the date of your Order and the date of delivery, we will adjust the GST you pay, unless you have already paid for the Goods in full before the change in GST takes effect.
10.4 The price of the Goods does not include delivery charges. Our delivery charges are as advised to you during the check-out process on our Website or at our Warehouse, before you confirm your Order and purchase the Goods. The delivery costs will also vary depending on weight and dimensions of the package and the place of delivery.
10.5 We sell a large number of Goods through our Website and at our Warehouses. It is always possible that, despite our reasonable efforts, some of the Goods on our Website may be incorrectly priced. If we discover an error in the price of the Goods you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your Order until we have your instructions. If we are unable to contact you using the contact details you provided during the Order process, we will treat the Order as cancelled and notify you in writing. If we mistakenly accept and process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Goods and refund you any sums you have paid.
11. Quotes
11.1 The Supplier may provide a Quote to the walk-in Customers at our Warehouses. Any Quote issued by the Supplier is valid for 1 days from the date of issue.
11.2 Unless otherwise expressly agreed in writing, a Quote does not include the cost of delivery.
11.3 Quotes are based upon the cost of materials available at the time of preparation of the Quote and assume the timely confirmation of the Quote by the Customer and provision of instructions to the Supplier.
11.4 Following provision of a Quote to the Customer, the Supplier is not obliged to commence work until the Quote has been accepted by the Customer and the same has been communicated to the Supplier, at which point an Order confirmation will be issued to the Customer.
11.5 The Supplier reserves the right to amend any Quote before the Order has been completed to take into account any rise or fall in the cost of completing the Order. The Supplier will notify the Customer of any amendment as soon as practicable, at which point the amended Quote will supersede the original Quote.
12. How to pay
12.1 You can only pay for Goods by way of a bank transfer to our nominated account or by using a debit card or credit card.
12.2 Payment for the Goods and all applicable delivery charges is in advance.
13. Proprietary Rights
13.1 You acknowledge and agree that the Goods and Website are protected by copyrights, trademarks, patents or other proprietary rights and laws. All rights are expressly reserved by us.
13.2 You shall not use the Trade Mark, Trade Name or Brand of any other intellectual property rights of the Supplier, whether design or word, as part of your own trade mark, in any manner that is likely to cause confusion and or in any manner which shall cause damage to our reputation.
13.3 You are only allowed to use the Trade Mark as set out in this Agreement and nothing in this Website and/or the Goods shall be construed as conferring any license or other transfer of rights to you of any of our intellectual property or other proprietary rights.
14. Indemnity
14.1 You hereby agree to fully indemnify and hold harmless the Supplier and our directors, officers, employees and agents from and against any claim brought by a third party resulting from the use of the Website and use or sale of the Goods in respect of all losses, costs, actions, proceedings, claims, damages, expenses, including legal costs and expenses or liabilities whatsoever, suffered or incurred directly or indirectly by The Supplier in consequence of such use of the Website or use or sale of the Goods or your breach or non-observance of these Terms and the Agreement.
14.2 You shall defend and pay all costs, damages, awards fees, including legal fees and judgments awarded against the Supplier arising from or out of the above claims, and shall provide us with notice of such claims, and reasonable assistance necessary to defend such claims at your sole expense.
15. Our warranty for the goods
15.1 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
15.2 These Terms also apply to any replacement Goods supplied by us to you.
16. Our liability
16.1 To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
(a)errors, mistakes or inaccuracies on the Website or our social media pages;
(b)you acting or not acting, on any information contained on or referred to on the Website and/or any linked Website or our social media pages;
(c)personal injury or property damage of any nature resulting from your access to or use of the Website;
(d)any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
(e)any interruption or cessation of transmission to or from the Website;
(f)any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
(g)the quality of any product or service of any linked sites.
16.2 We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any linked Website or featured in any banner or other advertising.
16.3 Where any law (including the Australian Consumer Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.
16.4 Except as required by law, in no event shall we be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we have no responsibility for the legality of your actions.
17. Force majeure Event
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Agreement that is caused by any act or event beyond our reasonable control (Force Majeure Event).
17.2 If circumstances beyond the Supplier's control prevent or hinder its provision of the Goods, the Supplier is free from any obligation to provide the Goods while those circumstances continue. The Supplier may elect to terminate this agreement or keep the agreement on foot until such circumstances have ceased.
17.3 If a Force Majeure Event takes place that affects the performance of our obligations under the Agreement:
(a)we will contact you as soon as reasonably possible to notify you; and
(b)our obligations under the Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Force Majeure Event. Where the Force Majeure Event affects our delivery of Goods to you, we will arrange a new delivery date with you after the Force Majeure Event have ceased.
17.4 Circumstances beyond the Supplier's control include, but are not limited to, unavailability of materials or components, strikes, lockouts, riots, natural disasters, fire, war, acts of God, government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.
18. Dispute resolution
18.1 You must not start arbitration or court proceedings (except proceedings seeking Interlocutory relief) about a dispute arising out of this Agreement (“Dispute”) unless it has complied with this clause. A party claiming that a Dispute has arisen must notify the other party in writing giving details of the Dispute (“Notification”) setting out a full description of the matters in dispute. On receipt of a Notification each party must negotiate in good faith to resolve the Dispute and, if necessary to resolve the Dispute, involve senior officers of the parties directly in those negotiations. If the Dispute is not resolved under this clause within 30 days (or longer period as agreed between the parties), the parties must refer the Dispute for mediation. If the Dispute is not resolved under this clause within 30 days after referral (or longer period agreed between the parties) either party may initiate proceedings in a court in accordance with clause 20.6.
19. Communications between us
19.1 A reference to “in writing” includes email and other communication established through the Supplier's Website.
19.2 Any notice given under or in connection with the Agreement must be in writing and be delivered by email.
19.3 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
20. General
20.1 Assignment and transfer
(a)We may assign or transfer our rights and obligations under the Agreement to another entity but we will always notify you by posting on this Website or via email if this happens.
(b)You must not assign or transfer your rights or your obligations under the Agreement to any third party.
20.2 Variations and Modifications
We reserve the right to make changes and modifications to our Website, policies and these Terms at any time.
20.3 Waiver
If we do not insist that you perform any of your obligations under the Agreement, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.
20.4 Severance
Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
20.5 Third party rights
The Agreement is between you and us. No other person has any rights to enforce any of its terms.
20.6 Governing law and jurisdiction
These terms and conditions are governed by the laws of the state of New South Wales, Australia (NSW) where the Supplier's registered office is situated and each party irrevocably submits to the non-exclusive jurisdiction of the courts of NSW.
21. Definitions
In these Terms, the following words have the corresponding meanings:
(a)Additional Charge means:
(i)fees or charges for additional work performed at the Customer's request or reasonably required as a result of the Customer's conduct, calculated in accordance with the Supplier's then current prices; and
(ii)expenses incurred by the Supplier, at the Customer's request or reasonably required as a result of the Customer's conduct.
(b)Agreement means these Terms and Conditions and the Quote.
(c)Business Day means a day that is not a Saturday, Sunday or public holiday in the place where the services are principally being carried out or the Goods are provided.
(d)Customer means the person placing an Order.
(e)Goods means any goods supplied by the Supplier including but not limited to temporary fencing, chain wire fencing, security fencing, corral panels and any related products or accessories or other components essential for the installation and use of the fencing material specified in the Quote or Website.
(f)Intellectual Property Rights means intellectual property rights at any time protected by statute or common law, including copyright, trade marks, patents and registered designs.
(g)Loss includes, but is not limited to, costs (including party to party legal costs and the Supplier's legal costs), expenses, lost profits, award of damages, personal injury and property damage.
(h)Order means an order for Goods either (i) placed by a Customer through our online store via our Website or (ii) a purchase order placed by a Customer in response to a Quote provided by our Customer Service team at our Warehouses and as varied in writing from time to time by the parties.
(i)PPS Law means:
(i)the Personal Property Securities Act 2009 (Cth) (PPS Act) and any regulation made at any time under the PPS Act (each as amended from time to time); and
(ii)any amendment made at any time to any other legislation as a consequence of a PPS Law.
(j)Quote means a written description of the Goods to be supplied to the Customer including an estimate of the pricing for the said Goods and delivery costs involved, as provided to the Customer at our Warehouse.
(k)Supplier means Wire Mesh World Pty Ltd, specified as the supplier of Goods.