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TERMS & CONDITIONS OF WEBSITE USE - PRIVACY POLICY

Your privacy on the Internet is of the utmost importance to us. At Cryoquip Australia, we want to make your online experience satisfying and safe.

Because we gather certain types of information about our users, we feel you should fully understand our policy and the terms and conditions surrounding the capture and use of that information. This privacy statement discloses what information we gather and how we use it.

Cryoquip.com.au gathers information that users provide through optional, voluntary submissions. These are voluntary submissions to receive our electronic newsletters and from participation in polls and surveys. Under no circumstances does Cryoquip.com.au divulge any information about an individual user to a third party.

Cryoquip.com.au gathers user information in the following processes:
Electronic newsletters policy (Dispatches)
We will offer a free electronic newsletter to users. Cryoquip.com.au gathers the email addresses of users who voluntarily subscribe. Users may remove themselves from this mailing list by following the 'Unsubscribe' link provided in every newsletter.
“E-mail this to a friend” policy
Our site users can choose to electronically forward a link, page, or documents to someone else. The user must provide their email address, as well as that of the recipient. This information is used only in the case of transmission errors and, of course, to let the recipient know who sent the email. The information is not used for any other purpose.

USAGE TRACKING
Cryoquip.com.au tracks user traffic patterns throughout all of our sites. However, we do not correlate this information with data about individual users. Cryoquip.com.au does break down overall usage statistics according to a user's domain name, browser type, and MIME type by reading this information from the browser string (information contained in every user's browser).

Cryoquip.com.au sometimes tracks and catalogues the search terms that users enter in our Search function, but this tracking is never associated with individual users. We use tracking information to determine user preferences based on traffic to those areas. We do not track what individual users read, but rather how well each page performs overall. This helps us continue to build a better service for you.

COOKIES
We may place a text file called a 'cookie' in the browser files of your computer. The cookie itself does not contain Personal Information although it will enable us to relate your use of this site to information that you have specifically and knowingly provided. But the only personal information a cookie can contain is information you supply yourself. A cookie can't read data off your hard disk or read cookie files created by other sites. Cryoquip Australia uses cookies to track user traffic patterns (as described above).
You can refuse cookies by turning them off in your browser. If you've set your browser to warn you before accepting cookies, you will receive the warning message with each cookie. However, you do need cookies to login, access the shopping cart and make purchases.

SECURITY
Cryoquip.com.au operates secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary and only authorised individuals have access to the information provided by our customers.

YOUR CONSENT
By using this site, you consent to the collection and use of this information by Cryoquip.com.au. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.

EXTERNAL SITES
Cryoquip.com.au may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties. You acknowledge that the company is not responsible for the availability of, or the content located on or through, these External Sites. Please contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

DELIVERY
Where applicable orders are shipped via Australia Post over-night satchel in a sealed, to the address you supply to us. All deliveries need to be signed for.

UNCLAIMED DELIVERY
If you are not at your delivery address to sign for the delivery, the driver will leave a card informing you that your package has been delivered to your nearest Australia Post outlet.

PAYMENT OPTIONS
Cryoquip Australia accept all major credit cards (except Dinners Club), EFT and Cheques. From the web site's Check-out there are three (3) payment options available.

TURN AROUND TIMES
In Australia you will receive your purchase within 72 business hours. Most items are in-stock. If by chance you purchased an item that is out-of-stock, we will contact you via email and hold your entire order until the out-of-stock item becomes available. If the delay is going to more than 2-3 business days, we will ship you a partial order. We will ship your back ordered item as soon as it becomes available, free of charge.

ORDER STATUS
At any time you may login to the web site, and by entering your password details, you may view the status of your purchase.

OVERSEAS ORDERS
Although we primary only deal in Australia, if you wish to purchase from overseas we can accommodate you. Please email for charges.


STANDARD TERMS AND CONDITIONS - TRADING

1. DEFINITIONS
''Agreement'' means any agreement entered into for the provision of Goods or Services by Seller to Buyer; ''Buyer'' means the person, firm or corporation, jointly and severally if there is more than one, acquiring Goods or Services;
''Goods'' means goods supplied by Seller to Buyer;
''Intellectual Property'' means all copyright, patents, trade marks, designs and Specifications and all modifications, improvements and enhancements (whether registrable or not) owned by or licensed to Seller in respect of the Goods or Services;
''Seller'' means Cryoquip Pty Ltd (ACN 089 041 725);
''Services'' means services supplied by Seller to Buyer in connection with the Goods;
''Specifications'' means all technical documentation, drawings, schematics, technical data, process control information, tests and test reports; engineering design records, samples, models, prototypes, equipment and formulae owned by or licensed to Seller in respect of the Goods or Services;
''Terms'' means these Standard Terms and Conditions.

2. BASIS OF AGREEMENT
2.1 Unless otherwise agreed by Seller in writing, these Terms apply exclusively to every Agreement for the sale of Goods or Services by Seller to Buyer.
2.2 Any written quotation provided by Seller to Buyer concerning the proposed supply of Goods or Services is valid for 30 days, is an invitation to treat only and is subject to Buyer offering to enter into an Agreement and accepting these Terms.
2.3 The Terms may include additional terms in Seller's quotation.
2.4 The Agreement is accepted by Seller when Seller confirms its acceptance of an order from Buyer in writing or electronic means or provides Buyer with Goods or Services.
2.5 Seller in its absolute discretion may refuse to accept any order.
2.6 Seller reserves the right to change the Specifications of the Goods at any time without notice and without liability.

3. PRICE
3.1 Unless otherwise specified, prices quoted:
(a) include domestic packaging and crating charges, and transportation to the specified FOB point.
(b) exclude any GST and any federal, state, or local taxes, assessments, or import duties applicable to the sale, ownership, production, transportation or use of Goods sold.
(c) exclude any additional transportation charges incurred in accordance with clause 6.
(d) exclude any personal property taxes or similar taxes or assessments against the Goods or on account of materials segregated for Buyer and being held by Seller at Buyer’s request.
3.2 In addition to payment of the price of Goods or Services, Buyer must pay any additional amounts referred to in clauses 3.1(b) to (d).
3.3 If Buyer requests any variation to the Agreement, Seller may increase the price to account for the variation.
3.4 If there is any change in Seller's costs incurred in relation to the Goods or Services, Seller may vary its price to take account of such change, by notifying Buyer.

4. PAYMENTS
4.1 Unless otherwise agreed in writing, payment for the Goods or Services must be made net within 30 days from the date of Seller's invoice.
4.2 Seller reserves the right to require payment in full immediately on delivery of the Goods or completion of the Services.
4.3 Seller reserves the right to require payment of a deposit prior to provision of the Goods or Services.
4.4 Payment by cheque is not deemed made until the proceeds of the cheque have cleared.
4.5 Seller reserves the right at any time to alter or suspend credit, or to change credit terms provided herein, when it is sole opinion the financial condition of Buyer so warrants. In such case, in addition to any other remedies herein or by law provided, cash payment or satisfactory security from Buyer may be required by Seller before shipment, or Seller may, at its option, defer further shipments to Buyer until Buyer re-establishes satisfactory credit, cancel the unshipped portion of the order without any liability for failure to ship, or make shipments to Buyer on a prepayment or COD basis.
4.6 Payments made by trade acceptances, notes, securities, post-dated cheques, etc., are unacceptable unless first approved in writing by Seller.

5. PAYMENT DEFAULT
5.1 If Buyer defaults in payment by the due date of any amount payable to Seller, then all money which would become payable by Buyer to Seller at a later date on any account, becomes immediately due and payable without the requirement of any notice to Buyer, and Seller may, without prejudice to any other remedy available to it:
(a) charge Buyer interest on any sum due at the prevailing rate pursuant to the Penalty Interest Rates Act 1983 plus 4% for the period from the due date until the date of payment in full;
(b) charge Buyer for, and Buyer must indemnify Seller from, all costs and expenses (including without limitation all legal costs and expenses on an indemnity basis) incurred by it resulting from the default or in taking action to enforce compliance with the Terms or to recover any Goods or to recover any sum due;
(c) cease or suspend for such period as Seller thinks fit, supply of any further Goods or Services to Buyer;
(d) by written notice to Buyer, terminate any Agreement with Buyer so far as unperformed by Seller; without effect on Seller's accrued rights under any Agreement.
5.2 Clauses 5.1(c) and (d) may also be relied upon, at Seller's option, where Buyer becomes bankrupt or insolvent or enters into any scheme of arrangement with its creditors, or has a liquidator or similar functionary appointed in respect of its assets.

6. SHIPMENTS AND PACKAGING
6.1 Any period or date for delivery of Goods or provision of Services specified by Seller is intended as an estimate only and is not a contractual commitment. Seller will use its reasonable endeavours to meet any estimated dates for delivery of Goods or completion of Services.
6.2 Unless otherwise agreed in writing, all shipments shall be FOB Seller’s plant, and packaging will be accomplished in accordance with Seller’s standard commercial practice for domestic shipments.
6.3 If adequate forwarding instructions are not received from Buyer within thirty (30) days before the shipment date: (a) Seller may ship goods to Buyer’s place of business, at Buyer's cost, by such means as Seller selects; or
(b) Seller may charge Buyer storage charges, payable monthly on demand, until such time as the Goods are able to be delivered.

7. RETENTION OF TITLE
7.1 Until Seller receives full payment in cleared funds for all Goods and Services supplied by it to Buyer, as well as all other amounts owing to Seller by Buyer:
(a) title and property in all Goods remains vested in Seller and does not pass to Buyer;
(b) Buyer must hold the Goods as fiduciary bailee and agent for Seller;
(c) Buyer must keep the Goods separate from its own goods and retain Seller's packaging and labelling;
(d) Buyer is required to hold the proceeds of any sale of the Goods on trust for Seller in a separate account however failure to do so will not affect Buyer's obligation to deal with the proceeds as trustee;
(e) Seller may without notice enter any premises where it suspects the Goods may be and remove them, and for this purpose Buyer irrevocably licenses Seller to enter such premises and also indemnifies Seller from and against all costs, claims, demands or actions by any party arising from such action.

8. RISK AND INSURANCE
8.1 Unless otherwise agreed in writing, the risk in the Goods and all insurance responsibility for theft, damage or otherwise passes to Buyer immediately upon FOB delivery being effected. Buyer accepts all risk of loss or damage thereto, upon delivery of goods by Seller to a carrier, shipper, forwarding agent, transporter, or Government mail box or post office, whether selected by Buyer or Seller. In no event shall Seller be responsible for any goods after delivery to such shipping means.
8.2 Buyer assumes all risk and liability for loss, damage or injury to persons or to property of Buyer or third parties, arising out of the use or possession of any of the Goods sold by Seller.

9. INTELLECTUAL PROPERTY
9.1 Buyer acknowledges that it has no proprietary right or interest in the Intellectual Property.
9.2 Buyer must not register or record or attempt to register or record anywhere in the world the Intellectual Property or anything similar to it or aid or abet anyone else to do so.
9.3 Any Intellectual Property provided to Buyer by Seller remains Seller's exclusive property and must be returned to Seller on demand and must not be copied or communicated to any third party without Seller's express written consent.

10. ACKNOWLEDGEMENTS
10.1 Buyer acknowledges and agrees that:
(a) it has not relied on any service involving skill and judgement, or on any advice, recommendation, information or assistance provided by Seller in relation to the Goods or Services or their use or application;
(b) it has the sole responsibility of satisfying itself that the Goods or Services are suitable for Buyer's use;
(c) any description of the Goods provided in marketing materials, a quotation or invoice is given by way of identification only and does not constitute a contract of sale by description;
(d) it assumes all responsibility for conformance of the Goods with all laws, rules, regulations and ordinances of any governmental or quasi-governmental agency applicable to the use or operation of the Goods;
(e) it is responsible for undertaking all relevant training and safety precautions in relation to the use or operation of the Goods.

11. LIMITATION OF LIABILITY
11.1 Except as specifically set out in this Agreement, or contained in any warranty statement provided with the Goods or Services, any term, condition or warranty in respect of the quality, merchantability, fitness for purposes, condition, description, assembly, manufacture, design or performance of the Goods or Services, whether implied by statute, common law, trade usage, custom or otherwise, is hereby expressly excluded.
11.2 Replacement of the Goods or any part of the Goods, or re-supply of the Services is the absolute limit of Seller's liability howsoever arising under or in connection with the sale, use of, storage or any other dealings with the Goods or Services by Buyer or any third party.
11.3 Seller is not liable for any indirect or consequential losses or expenses suffered by Buyer or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party.
11.4 Seller is not liable for any loss or damage suffered by Buyer where Seller has failed to deliver Goods or Services, or fails to meet any delivery date, or cancels or suspends the supply of Goods or Services.
11.5 Seller is not liable for any loss or damage suffered by Buyer or any third party arising out of reliance on third party certifications provided with the Goods.
11.6 Nothing in these Terms is to be interpreted as excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or supply of services which cannot be excluded, restricted or modified.

12. CANCELLATION
12.1 If through circumstances beyond Seller's control, Seller is unable to provide the Goods or Services, then Seller may cancel Buyer's order (even if it has already been accepted) by written notice to Buyer.
12.2 No purported cancellation or suspension of an order or any part of it by Buyer is binding on Seller after that order has been accepted.
12.3 If Seller accepts cancellation of an order or part of it by Buyer, Seller shall commence efforts to terminate purchase, rental, service, and employment commitments relating to Buyer's order, and Buyer shall be liable for the costs of terminating such commitments, as well for the payment for completed work, work in process at the time of cancellation, and Seller's lost profits. Payment of cancellation charges shall be made by Buyer immediately upon receipt of statement of same.
12.4 Cancellation charges shall not exceed the purchase price of the cancelled portion of the Agreement.

13. WARRANTY
13.1 Goods Manufactured by Seller - Seller warrants to the original Buyer that its new Goods are free from defects in materials and workmanship. Seller warrants rated performance of its new Goods provided that such Goods are used and maintained in accordance with any operating and maintenance manuals, and installation and use criteria set forth in the Specifications and under good operating, maintenance and use conditions.
13.2 Seller’s obligation under this warranty is limited to the repair, or, at Seller’s option, the replacement of any Goods or parts thereof, which are within twelve (12) months of delivery to the original Buyer, returned CPT Seller’s plant of manufacture, and which, after examination, appear to Seller’s satisfaction to be defective under this warranty. 13.3 All costs of shipping, insurance, and risk of loss arising in connection with performance of this warranty shall be borne by Buyer.
13.4 Components Purchased by Seller - Seller shall attempt to obtain, in its subcontracts with each supplier of components not made by Seller, a provision that the subcontractor’s standard warranty, if any, shall survive Seller’s inspection, acceptance, and payment and shall run to Seller, its successors, assigns, and customers.
13.5 Designs - Seller warrants to the original Buyer of its designs that such designs satisfy criteria and specifications set forth in the contract documents. Seller’s obligation under this warranty is limited to redesign if, within twelve (12) months after delivery to the original Buyer, Buyer demonstrates to Seller’s satisfaction that said design criteria and specifications were not satisfied by Seller’s design. If Seller manufactures the Goods in accordance with Buyer’s specifications, Seller shall have no liability whatsoever for defects in design or failure of performance of the Goods.
13.6 Technical Assistance - Seller warrants that services shall be provided in a professional manner. Seller’s obligation hereunder is limited to the providing of services by its employees or agents at the time and place, and to the extent specified in this Agreement.

14. RETURNS
14.1 Subject to clause 14.3, Seller will not be liable for any defects, damage, shortage or non-compliance with the specifications of the Agreement unless:
(a) Buyer inspects all Goods immediately upon receipt and within ten (10) days provides written notice to Seller at its principal place of business of any claim that the Goods do not conform to the terms of the Agreement. Any such notice shall specify with particularity each alleged defect or nonconformity; and
(b) Seller is given an opportunity to test and inspect the Goods and investigate the complaint before any further dealing.
14.2 If Buyer shall fail to give such timely notice, the Goods shall be conclusively deemed to conform to the terms and specifications of this Agreement and shall constitute an irrevocable acceptance of the Goods.
14.3 When any defects, shortages, claim for damage or non-compliance is accepted by Seller, Seller may, at its option, repair the Goods or part of the Goods, replace the Goods or part of the Goods, re-supply the Services, or refund the price of the Goods or Services.
14.4 Seller will not under any circumstances accept Goods for return that:
(a) have not been used, stored or handled in accordance with Seller's instructions;
(b) have been specifically produced, imported or acquired to fulfil any Agreement;
(c) have been altered in any way; or
(d) are not in their original condition and packaging.
14.5 Buyer must obtain Seller's prior written approval for return of Goods and pay all freight charges associated with return of the Goods.

15. EXCUSABLE DELAYS
15.1 Seller shall not be liable for any failure to fulfil any obligation under these Terms to the extent that such fulfilment is prevented by circumstances beyond its control including but without limitation to Acts of God or the public enemy, Acts of the Government in either its sovereign or contractual capacity, fires; floods; epidemics; import or export restrictions; strikes; shortage of materials or supplies; labour disputes; freight embargoes; accidents, breakdown, delays in transit; and unusually severe weather.
15.2 Any of the above excusable delays shall not terminate this Agreement, and Seller shall deliver the goods as promptly as practical thereafter.

16. MISCELLANEOUS
16.1 The laws of Victoria shall govern the formation, performance, and construction of this Agreement and the parties agree to the non-exclusive jurisdiction of the Courts of Victoria.
16.2 This Agreement shall constitute the entire understanding of the parties with reference to the subject matter hereof, and it is agreed that there are no understandings, promises, representations or agreements, whether oral or written, heretofore entered into between Seller and Buyer which have any force or effect.
16.3 Buyer may not assign this Agreement, or any portion thereof with out Seller's express prior written consent. Subject always to the foregoing, this Agreement insures to the benefit of, and is binding upon, the heirs, legatees, personal representatives, successors and assigns of the parties hereto, in no event shall assignment relieve Buyer of liability for performance of the obligations imposed by this Agreement.
16.4 The rights and remedies provided to Seller herein shall be cumulative, and in addition to any other rights and remedies provided by law or equity. Seller’s failure to insist upon strict performance of any provision of the Agreement shall not be deemed to be a waiver of Seller’s rights or remedies, nor a waiver by Seller of any subsequent default by Buyer in performance of or compliance with any of the terms of this Agreement.
16.5 The invalidity in whole or in part of any provision hereto shall not affect the validity of any other provision, which will continue to have full force and effect.
16.6 A notice must be in writing and handed personally or sent by email, fax or prepaid mail to the last known address of the addressee. Notices sent by mail are deemed to be received upon posting. Notices sent by email or fax are deemed to be received upon the sender's machine confirming transmission.

Cryoquip AUSTRALIA

14 Zenith Road, Dandenong, 3175 Australia
Phone: +61 3 9791 7888       Fax: +61 3 9769 2788       Email: sales@cryoquip.com.au