Copperform Australia Terms and Conditions
These terms and conditions apply to purchases made on this website from Copperform Australia (‘Company’). Each order is governed by the terms and conditions which exists at the time the order is placed. The Company may alter, add to or delete from these terms and conditions without notice. The Customer is advised to read and understand these terms and conditions each time an order is placed with the Company.
All orders placed through this website are accepted subject to confirmation by the Company. Where the goods are either no longer available, or not currently available the Customer will be notified by the Company as soon as possible. The Company may vary prices without notice. If the Company requests payment for increased prices, the Customer may cancel the order by giving notice to the Company prior to shipment of the order. The Company aims to display up-to-date pictures of all of the goods on this website, however pictures of the goods may be different from the actual goods. We recommend that the Customer checks the goods and reads the labels on the goods carefully upon receipt before using or installing the goods. The Company reserves the right to restrict sales to retail quantities when supplying resellers or distributors.
Orders will not be shipped until the Company receives payment. Upon confirmation of payment the Company will make contact with the Customer to confirm the proposed method of delivery. The preferred method of delivery recommended by the Company is for the Customer to pick up the orders from the Company’s premises, otherwise an alternative means of delivery and physical shipping address must be provided by the Customer. Upon confirmation by the Customer of the delivery method and physical shipping address all costs of shipping the goods by the delivery method to physical shipping address will be added to the Customer’s order. The goods will then be made ready for pick up by the Customer or dispatched from the Company’s premises by the delivery method to physical shipping address. In the event the Customer does not pick up the goods from the Company’s premises then the goods normally arrive within 10 business days to the Customers physical address, however the Company confirms all deliveries are completed within 20 business days. Once the goods are picked up by the Customer or are delivered to the Customer, or an authorised representative of the Customer, the responsibility for loss of damage is borne by the Customer. The Company may charge the Customer additional delivery fees for subsequent deliveries. Complaints must be made within 4 business days of delivery to the Company’s head office either by telephone or email.
Currency is Australian Dollars. Payment may be made through the payment section of this website or for custom orders via the telephone. Methods of payment acceptable before delivery are restricted to EFTPOS payment through Visa, MasterCard or American Express. Do not send cash in the mail. Payment upon delivery is not available.
Returns & Refunds
Any goods provided which do not match the description and specification on our website may be returned within 14 days of delivery for a full refund, or exchange for the specified item with a price adjustment in the event the exchanged item differs in price from the item supplied. Where goods supplied are in no way defective, but the purchaser decides that they no longer want the item, nor any substitute, consideration will be given on a case by case basis of an appropriate refund.
The Company will not reveal the Customer’s personal information to external organisations, except for the purposes of fulfilling the Customer’s order unless the Customer has indicated that this information may be passed to 3rd parties.
Consumers’ rights under the Australian Consumer Law
This section only applies in circumstances where the Customer is considered to be a ‘consumer’ for the purposes of Schedule 2 of the Competition and Consumer Act 2010 (Australian Consumer Law). The Company’s Goods and Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures of Goods the Customer is entitled to choose a full refund (inclusive of shipping and transport costs) or replacement (inclusive of shipping and transport costs). For major failures with the Services, the Customer is entitled: (a) to cancel its service contract with the Company; and (b) to a refund for the unused portion, or to compensation for its reduced value. If a failure with the Goods or a Service does not amount to a major failure, the Customer is entitled to have the failure rectified in a reasonable time. If this is not done the Customer is entitled to a refund for the Goods (inclusive of shipping and transport costs) and to cancel the contract for the Service and obtain a refund of any unused portion. The Customer is also entitled to be compensated for any other reasonably foreseeable loss or damage from a major failure in the Goods or Service. Where the Customer is not considered to be a ‘consumer’ under the Australian Consumer Law, then the Company’s liability shall be limited, to the extent permitted by law, in accordance with the Limitation of Liability section detailed below.
Limitation of Liability
In relation to the supply of Goods, to the fullest extent permitted by law, the Company’s liability to the Customer whether under contract, in tort, pursuant to statute or otherwise for any loss, damage or injury is limited to, at the option of the Company: (a) the replacement of the Goods or the supply of equivalent Goods; (b) the repair of the Goods; (c) the payment of the cost of replacing the Goods or acquiring equivalent Goods; (d) the payment of the cost of having the Goods repaired. In relation to the supply of Services, to the fullest extent permitted by law, the Company’s liability to the Customer whether under contract, in tort, pursuant to statute or otherwise for any loss, damage or injury is limited to, at the option of the Company: (a) supplying the Services again; or (b) providing for the cost of having the Services supplied again. The Company is not liable for loss of profit, economic or financial loss, liquidated damages, consequential loss, loss of opportunity or benefit, loss of a right or any other indirect loss suffered by the Customer as a result of the Goods and/or Services supplied. The only conditions and warranties binding on the Company in respect of: (a) the state, quality or condition of the Goods supplied by it to the Customer; or (b) advice, recommendations, information or services supplied by the Company to the Customer regarding the Goods and their use and application, are those imposed and required to be binding by statute (including the Competition and Consumer Act 2010 (Cth)) and all other conditions and warranties are excluded. Nothing shall be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the application in relation to the supply of any Goods and/or Services a per any of the provisions the Competition and Consumer Act 2010 or any relevant State or Federal Legislation which by law cannot be excluded, restricted or modified. The Customer warrants that it does not rely on the skill or judgment of the Company or any person acting or purporting to act on the Company’s behalf. Performance of the Goods, once installed on site, is dependant of whether the Goods have been used for the intended purpose, and the conditions associated with the warranty issued for the Goods, and the Customer acknowledges that liability for performance remains with the original manufacturer and accepts the assignment of liability to the original manufacturer.
The Customer acknowledges and agrees that this agreement will be governed by the laws of New South Wales, and the laws of the Commonwealth of Australia which are in force in New South Wales. The Customer acknowledges and agrees that any contract for the supply of Goods or Services between the Company and the Customer is formed at the address of the Company. The parties to this agreement submit to the non-exclusive jurisdiction of the courts of New South Wales and the relevant federal courts and courts competent to hear appeals from those courts.