Terms of Trade
These Trading Terms ("Terms") set out the terms and conditions upon which you may purchase products via the RSEA web site or telephone. Please read the following Terms carefully before placing your order. By completing the online order form/ordering via telephone you (the "Customer") agree to be bound by the terms and conditions below.
1 Orders
1.1 Goods displayed on the RSEA website are available
for purchase (subject to availability) online, over the
telephone and in RSEA stores in Australia and New Zealand.
1.2 The Customer must use the online order system to
place an order for Goods via the internet ("Online Order").
The Customer warrants that all information and data provided
by him/her in the online order is accurate, complete and up
to date. The Customer will promptly inform RSEA if there is
any change to this information or data.
1.3 After an Online Order has
been submitted, the Customer will be contacted via
telephone, fax or email to confirm that all order details
are correct, give payment details and confirm that all
delivery charges are approved by the Customer. Within a
reasonable time after such confirmation and approval is
received, RSEA will arrange delivery of the Goods to the
address within Australian or New Zealand nominated by the
Customer ("Delivery Address").
1.4 The Customer is responsible
for any costs associated with accessing the RSEA website and
placing Online Orders including any internet service
provider fees and for all telephone call charges if ordering
by telephone.
1.5 RSEA may withhold supply of
the Goods to the Customer where RSEA has insufficient Goods
to fulfil the order, the Goods ordered have been
discontinued or where RSEA considers it appropriate for any
other reason.
2 Pricing
2.1 The current price list is available
here. Prices listed are in Australian and/or New Zealand
dollars and are subject to change without notice.
2.2 Goods ordered are charged at
the price applicable at the time the order is submitted.
Upon delivery of the Goods, RSEA will provide a tax invoice
specifying the total price for the Goods including delivery.
2.3 Unless expressly stated
otherwise, prices of Goods do not include any sales tax,
goods and services tax or similar taxes or other domestic or
foreign government duties, charges and taxes. Where
applicable, those duties, charges and taxes will be added to
the price or will be otherwise payable as a separate charge
to be paid by the Customer.
3 Payment
Terms
3.1 Customers may set up an account with RSEA by
completing and submitting to RSEA the
Application for Commercial Credit. RSEA's General Credit
Terms and Conditions apply.
3.2 RSEA accepts the following
payment methods for Online Orders and telephone orders:
credit card (Visa, Mastercard, American Express); cheque
(personal or bank) or money order. Cheque payments require 5
Business Days to clear before Goods are dispatched to the
Customer. Cash payments are accepted in RSEA stores only.
3.3 Property in the Goods does
not pass until the Customer has paid all monies owing to
RSEA in full. Risk in the Products passes to the Customer at
the time the Goods are delivered to the Delivery Address.
4 Delivery
4.1 All delivery costs will
be charged to the Customer.
4.2 Anyone at the Delivery
Address who receives the Goods shall be presumed by RSEA to
be authorised to receive the Goods.
4.3 If there is no-one at the
Delivery Address or no-one of appropriate age to receive the
Order when the Order is delivered, RSEA may retain
possession of the Goods and charge an additional delivery
fee when attempting to redeliver the Goods.
5
Warranties and Returns
5.1 All RSEA Goods carry the manufacturer's warranty
where applicable.
5.2 Except where otherwise stated
and to the extent permissible by law, RSEA excludes all
warranties in respect of the Goods. Any liability of RSEA
arising out of or in connection with any breach of any
express or implied warranty or condition in respect of Goods
supplied to the Customer including in relation to faulty
Goods or Goods incorrectly supplied (other than a condition
or warranty implied by legislation which does not permit
RSEA's liability to be limited as stated in this clause 5.2)
will, at the election of RSEA, be limited to a refund in
respect of the Goods, the replacement of the Goods or the
supply of equivalent Goods.
5.3 Goods incorrectly ordered or
unused and no longer needed by the Customer may be returned
to RSEA within a reasonable time and at RSEA's discretion.
Customers will be charged a 10% restocking and handling fee
for such returned Goods.
5.4 A copy of the RSEA invoice or
proof of purchase must be attached to all returned Goods.
5.5 All returns require a Returns
Authorisation Number (RAN) which is allocated by RSEA.
Before returning Goods, the Customer must contact RSEA for
details of his/her RAN.
5.6 RSEA reserves the right to
use their nominated courier for returned Goods.
5.7 Refunds will be made in the
same way as original payment for the Goods.
6
Disclaimer
6.1 RSEA takes reasonable care in supplying personal
protective equipment and other safety equipment based on
information provided by the Customer. However, RSEA is not
responsible or liable for any loss or damage caused to
person or property as a result of the Customer's failure to
seek professional advice from appropriate authorities or
safety specialists before making a purchase from RSEA.
6.2 RSEA is not liable for any
loss or damage whatsoever suffered by the Customer as a
result of any act, omission or statement made by RSEA, its
employees, contractors or agents whether negligent or not,
or as a result of a delay or inability to deliver the Goods,
except that nothing in these Terms limits any liability
imposed by any statute unless or to the extent that it is
lawful to do so.
6.3 The Customer indemnifies RSEA
against all loss, liability, cost (including legal costs on
a full indemnity basis) and expense incurred by RSEA in
connection with any act or omission of the Customer
including, but not limited to, negligence of the Customer or
any unauthorised representation made or warranty given by
the Customer in connection with the Goods; or as a result of
any claim made or action brought in connection with the
Goods or their use other than a claim or action brought by
the Customer under these Terms or a condition or warranty
implied by law which is not excluded by these Terms.
6.4 The entire risk arising out
of installation, down loading, use or performance of any
software remains with the Customer. To the extent permitted
by law, the Customer releases and discharges RSEA and its
related bodies corporate from all forms of direct, special,
indirect or consequential loss or damage (including loss of
profits and loss of data) arising out of or in connection
with RSEA or these Terms, including, without limitation,
loss or damage caused by the negligence of RSEA or its
related bodies corporate.
7
Intellectual Property Rights
7.1 The Customer acknowledges
that RSEA or its related bodies corporate own or are
licensed to use all intellectual property rights in the RSEA
web site (including, but not limited to, any images,
photographs or text which appear on the web site). The
Customer agrees that he/she will make no representation to
the contrary, and that he/she will not use or copy RSEA's
website in any manner which is inconsistent with the rights
of the owner or licensee of such intellectual property
rights.
7.2 The Customer acknowledges
that any trade marks or logos which appear on the RSEA web
site are owned by or licensed to RSEA or its related bodies
corporate, and that the Customer must not do anything to
prejudice the rights of the trade mark owner or licensee to
such trade marks or logos.
8 Privacy
RSEA is bound by and committed to supporting the
requirements of the Privacy Amendment (Private Sector) Act
2000. For details on RSEA's Privacy Policy, please click
here.
9 Provisions are severable
Each clause and subclause of these Terms is separate and
independent. If any clause or subclause is found to be
invalid or ineffective, the other clauses or subclauses will
not be adversely affected.
10
Applications of law
The parties submit to the jurisdiction of the Courts of
the State of Victoria.
11
Variation of terms
RSEA has the right to vary these Terms at any time without
notice to the Customer. It is the Customer's responsibility
to read the Terms prior to placing each order.
12 Effect of other terms
12.1 These Terms are in no way affected by any other
express or implied terms contained in any terms of sale
issued by the Customer in relation to the sale of the Goods.
12.2 Where these Terms are
inconsistent with the General Credit Terms and Conditions in
respect of a Customer's account with RSEA, the General
Credit Terms and Conditions prevail.
13 Definitions
In these Terms, unless the context otherwise requires:
(a) "Customer" means each and every person or corporation to
whom RSEA supplies Goods; (b) "Business Days" means any day
that is not a Saturday, Sunday or gazetted public holiday in
the State of Victoria, Australia; (c) "Goods" means all
goods supplied by RSEA to the Customer; and (d) "Terms"
means these Trading Terms.
14 Contact
If you have any queries about RSEA products or would
like to place an order, please contact RSEA in Australia on
13 2100 or in New Zealand on 0800 668 000.

