In these Terms and Conditions "we" and "us" mean Prime Industrial Products Pty Ltd ACN 131 559 772 of 9 Halifax Drive, Bunbury, Western Australia 6230 ("PRIME"), and "you" means you the customer. These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of Products. Upon acceptance of these Terms and Conditions by you, these Terms and Conditions become binding and can only be amended with the written consent of PRIME.
We will only sell and ship Products within Australia. We will not make deliveries outside of Australia.
If you are under the age eighteen (18) years you cannot place orders with PRIME. By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years.
Placing Your Order
You may place an Order by completing the Order Form on the PRIME Web Site and clicking the "Submit" button. By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions. No information on our website constitutes or should be deemed as an offer by us to supply any Products, however PRIME will make every effort to supply the Products to you. We will notify you that your order is being processed by sending you an Order Confirmation and tax invoice via email, however we do not formally accept your offer until we are satisfied of the bona fides of each order placed and have received payment in full. PRIME reserve the right to refuse service, remove or edit content, or cancel orders in their sole discretion. We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we cannot process or accept your Order after payment is received we will contact you by email or telephone to make arrangements for the refund of your payment.
Payment Methods And Processing
PRIME currently accepts Visa and Mastercard only. Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day. Business days are Monday through Friday, excluding Western Australia Public holidays. We process credit card payments after you click the "Submit" button. We will email a tax invoice to you with your Order Confirmation. Your tax invoice is your proof of purchase. Please Note that we are unable to accept credit cards issued by banks outside of Australia and you may be required to provide us with further identification for security purposes.
PRIME reserves the right to change prices for Products listed on our website at any time before your Order is accepted. The price of Products shown excludes shipping costs. Shipping cost is shown separately on the product page but may be recalculated based on how many and what items you place in your shopping cart. PRIME purchases include GST.
Delivery of Your Products
Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation. When your Order items have been dispatched, we will email you to confirm shipment of each item. Delivery time takes up to 15 working days from the date your payment is received. Although every effort is made to ship your Order according to this estimated delivery time, delivery times may vary due to changes in supply or circumstances beyond our control. If your Product has not arrived after the estimated delivery time, please contact us. We do not guarantee that we will deliver within this time frame. Title and risk of loss to all Products will pass to you on delivery.
Some Products sold through PRIME are supported with a guarantee or warranty from the manufacturer. In addition, consumer guarantees apply under the Australian Consumer Law. Nothing in these Terms and Conditions excludes the application of those guarantees. For more information about your rights as a consumer, see the Australian Consumer Law website at www.consumerlaw.gov.au.
You shall, within seven (7) days of the supply of any Product by us (time being of the essence), notify us of any alleged defect, error, omission, shortage in quantity, damage or failure to comply with the description. You shall afford us an opportunity to inspect the alleged defect, error, omission, shortage in quantity, damage or failure to comply within a reasonable time of receiving notification. If you fail to give notice in accordance with these Terms and Conditions, the Product shall be presumed to be free from any defect, error, omission, shortage in quantity, damage or failure to comply. Our Products will not be accepted for return other than in accordance with the provision of these Terms and Conditions.
Limitation of Liability
To the extent permitted by the law the liability of PRIME whether in contract or in tort, in respect of all claims for loss, damage or injury arising from a breach of any of PRIME's obligations arising under these Terms and Conditions, any contract thereunder or this website, from any negligence of any act, matter or thing done or permitted to be done by PRIME, its servants, agents and contractors shall not in the aggregate exceed the price of the Product purchased by you. Where so permitted, under no circumstances will we be liable for any loss of profits or any consequential, indirect or special loss, damage or injury of any kind whatsoever suffered by you or your servants, agents and contractors and you acknowledges this express limit of liability and agree to limit any claim accordingly. Except as provided herein, all express and implied warranties and guarantees in respect of the supply of any Products are hereby expressly excluded and we shall not be liable for loss or damage (including consequential loss or damage) of any kind arising in connection with the supply of any Products or the use of this website.
Your Personal Information
Credit Card Fraud
While PRIME employs encryption technology for its transactions with our customers, we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of PRIME. Any unauthorised assignment shall be deemed null and void. If any of these Terms and Conditions becomes invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired. We shall be under no liability whatsoever to you for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by you arising out of a breach by us of these Terms and Conditions. We may license or sub-contract all or any part of our rights or obligations arising under these Terms and Conditions without your consent. PRIME reserves the right to change the Terms and Conditions of sale at any time. The Terms and Conditions applicable to you are those on our website at the time you order a Product. The failure of us to enforce any provision of these Terms and Conditions or any provision of any contract made thereunder shall not be treated as a waiver of that provision, nor shall it affect our rights to subsequently enforce that provision.
To the extent permitted by law, PRIME is not liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of PRIME, and PRIME shall be entitled to a reasonable extension of time for the performance of such obligations.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Western Australia and shall be subject to the non-exclusive jurisdiction of the courts of Western Australia.