Terms & Conditions of Equisol Trade Direct Accounts
These Terms will apply to any contract between us for the sale of goods to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.
Please click on the button marked "I Accept" at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site using a Trade Direct account. You should print a copy of these Terms or save them to your computer for future reference.
In these terms and conditions:
"Equisol" means Surface Logic Pty Ltd ABN 20 635 062 930, as sole owner of the Equisol brand name and formulas.
"Product" means goods and services.
"Trade Direct Account" means an account approved by Equisol for applicable trades to purchase Equisol Products at pricing discounts issued to you.
“Trade Direct Online Store” means the logged-in (via a Trade Direct Account login) online store located at equisol.pro/shop.
"You” means the holder of a Trade Direct Account with Equisol (and such trade accounts include those by which the account holder may purchase goods from Equisol on credit) and the meaning of the term "you” is extended to include all officers, directors, employees and agents of the account holder insofar as their actions relate to or are associated with the usage of Trade Direct account.
“Contract” means a contract between Equisol and the Trade Direct account holder (“you”) for the sale of goods to you.
“Checkout Summary” means the page on the Equisol Trade Direct Online Store that totals all products in your Order and any applicable shipping charges.
“Website” means equisol.pro and any pages therein.
“Freight Charge Status” means the approved status of your Trade Direct account, which could be free or 50% subsidised. Any shipping charges to deliver the Product to the address specified in your Trade Direct account, or alternative address entered during the Order, will be calculated against your approved Freight Charge Status.
“Order” means the Product/s ordered using your Trade Direct Account on the Equisol Trade Direct Online Store.
1. Trade Direct Account
- You have been granted an approved Trade Direct Account by Equisol on the basis of submitting an account application using lawfully correct information, as requested by Equisol.
- By using your approved Trade Direct account you agree to be bound by these terms and conditions.
- Your use of the Trade Direct Account is validated by logging-in to the Equisol Trade Direct Online Store using your Trade Direct login details. Any devices login using those details will be deemed to have your authority to do, and any transactions processed in accordance with this process will be debited to your Trade Direct account (where a credit facility is in place) or registered credit card.
- Product/service pricing displayed in the Equisol Trade Direct Online Store is specific to your Trade Direct account and is not available to third parties without Equisol’s prior written consent.
- You are liable for all transactions carried out by you using your Trade Direct login.
- You are also liable to Equisol in respect of all transactions and must bear any other losses that are caused by any usage of Trade Direct access, even if such usage is not authorised by you in circumstances where the usage has occurred because you have enabled or allowed such usage to occur, unless the usage is caused after you have reported to Equisol either verbally or by email, that your Trade Direct access has been used without your authority.
- You can make product purchases using the Equisol Trade Direct Online Store by selecting products and paying using a credit card or approved credit account your Trade Direct account is logged-in to.
- All purchases made using the Equisol Trade Direct Online Store are subject to (i) Equisol’s credit terms and conditions; (ii) your Trade Direct credit limit not being exceeded; and (iii) if your payment is made via a registered credit card, the successful processing of your credit card payment.
- Payment made via any credit card details provided via the Equisol Trade Direct Online Store are processed via a secure third party payment processor.
- Your Trade Direct account will specify your approved Freight Charge Status, which will define any additional shipping costs that are added to the Product total in the Checkout Summary.
- Equisol may revoke, cancel or suspend access to the Equisol Trade Direct Online Store at any time if it suspects the account has been approved through a fraudulent application.
- Equisol owns the copyright, trademarks, design right and all other intellectual property rights in the Products and you agree that these rights may not be used in any way without our written consent.
- The Equisol Trade Direct Online Store may be inaccessible from time to time due to events outside Equisol’s control or maintenance requirements. Any transaction records or product preferences stored in the Equisol Trade Direct Online Store are stored and retained at your risk. To the extent permitted by law, Equisol excludes any liability for your inability to recover or access any transaction records or purchase history via the Equisol Trade Direct Online Store. Equisol excludes liability for loss or damage arising from any interference with or damage to your mobile device or operating system in connection with accessing and using the Equisol Trade Direct Online Store. If any liability is not able to be excluded by law, Equisol limits our liability to the resupply of the relevant information or services.
- Equisol may vary these terms and conditions from time to time by giving notice of the changed terms and conditions to you. These terms and conditions (as may be amended from time to time) are available on the Equisol website. Equisol is not required to give advance notice of any changes it deems necessary for security reasons.
2. Information about Products
- The images of the Products on the website are for illustrative purposes only.
- We have made every effort to display the colours of the Products as accurately as electronic media will allow. However, we cannot guarantee an exact colour match of the on-screen colour to the colours of the actual Products, and the colours contained on the site should not be relied on as such. Colours may vary depending on your screen settings and resolution.
- We recommend that you use a colour tester on the actual surface to be coated before undertaking the full coating. This will give you a stronger indication of the appearance of the actual colour, which can be affected by the substrate and the texture of the surface.
- The packaging of the Products may vary from that shown on images on the site.
- All Products on our Website are subject to availability. We will inform you by email as soon as possible if the Products ordered are not available and we will not be able process any orders. If you have already paid for the Product, we will refund you as soon as reasonably possible.
- Product/service pricing and related information (including product availability indicators) displayed in the Equisol Trade Direct Online Store will be correct and current at the time they are displayed. We take all reasonable care to ensure that the prices of the Products are correct at the time when the relevant information was entered onto the system. However, if we discover an error in the price of Product(s) you ordered, please see clause 3.5.
- Product/service pricing, availability and information may change at any time without notice.
- The price of a Product shown in the Trade Direct Online Store excludes GST (where applicable) at the applicable current rate chargeable in Australia for the time being. Prices including GST are shown in the Checkout Summary.
- The price of a Product does not include delivery charges. Any applicable delivery charges are based on your account status, and be shown in the Checkout Summary.
- It is possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will attempt to inform you of this error and give the option of continuing to purchase the Products 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. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products at the incorrect (lower) price.
- Where delivery or collection of goods in an accepted order by a commercial customer does not take place within 30 days of acceptance of that order (other than where directly attributable to our negligence, wrongful act or wilful misconduct), or where later delivery or collection dates beyond 30 days from the date of acceptance of an order are required by the customer, Equisol reserves the right to reprice the goods prior to delivery and provide a replacement quotation to the customer which the customer may accept or reject.
4. Ordering and Payment
- In respect of each Product listed in your Checkout Summary, your order is an offer from you to Equisol to buy that Product. Equisol will be bound to supply you the Product, subject to availability, once payment has been processed and Equisol has sent you an order confirmation.
- You must pay for all online purchases at the time of online checkout prior to order confirmation in accordance with a payment method offered on the Website, or for a credit account holder, the price will be charged to your account.
- Where Equisol cannot fulfil an order, a refund will be provided under Equisol Standard Terms & Conditions of Supply.
- The prices of Products, and any delivery or other charges, shown are in Australian dollars, inclusive of GST, in the final total.
- You acknowledge the price for Products excludes delivery or shipping charges. Delivery or shipping charges will be payable on Products purchased and will be calculated at checkout, based on the Freight Charge Status of your account.
- Equisol may vary the prices on this Website at any time, and prices are subject to change until your transaction is completed.
- If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
- We reserve the right to cancel any orders which do not comply with these Terms or any other promotional offer terms and conditions at any time in the sale process.
- Available delivery options, terms and charges will be shown in the Checkout Summary. Applicable estimated delivery times will be shown in your Checkout Summary if the information is available at time of purchase.
- You will be notified via email once your Products have been dispatched.
- You must ensure there is clear and safe access for delivery. Please ensure there is a person present at the delivery premises who is authorised by you to accept delivery. If there is not, unless you have explicitly advised us not to leave the Products, the delivery contractor will leave the Products at your premises if they consider it is safe and appropriate to do so. If the delivery contractor arrives at the agreed time but is unable to deliver the Products or considers that it is unsafe or inappropriate to do so, you may be required to pay for re-delivery later. Some Products may require extra delivery personnel which may incur an additional charge.
- We will deposit your Products at ground level at the delivery premises unless you have arranged otherwise with us. The Products are at your risk after delivery. For commercial customers, to the extent permissible at law, including the Australian Consumer Law, liability for damage to any property occurring in the course of delivery, except to the extent that any loss or damage is directly attributable to our negligence, wrongful act or wilful misconduct, will not be accepted.
- If the Product has not been delivered within a reasonable time (depending on the nature of the Product and the delivery address), please contact us if you wish to cancel your order for that Product and request a refund.
6. Product Usage
- You agree to the product usage conditions for each Product as per the Material Safety Data Sheet and Technical Data Sheet for each Product available on our Website.
- Final result and level of protection is dependent on many variables including exact timber species, colour, timber age, preparation, degree of weathering, correct application, climate and exposure. It is your responsibility to verify accuracy of all information and seek professional advice where necessary. If in doubt of result, a timber sample should be treated first.
- Equisol will not, under any circumstances, be liable for any injury, loss or damage arising out of or related to the incorrect use or misuse of Equisol Products.
- Material Safety Data Sheets for each Product (available on our Website) summarise product safety information at the date of issue, to the best of our knowledge, as a general guide. Equisol cannot anticipate or control the conditions under which the product is used, so prior to usage each user must assess and control the risks associated with their use of the product. Users should also consult the relevant legislation governing the use and storage of this product. Equisol makes no warranties, express or implied, and assume no liability in connection with any use of information contained within the Material Safety Data Sheets
7. Liability to Trade Direct Commercial Customers
- We only supply the Products for use by your business, and you agree not to use the Product for any re-sale purposes.
- Nothing in these Terms limit or exclude our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- defective products under the Consumer Protection Act.
- Subject to clause 4.2, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
- any loss of profits, sales, business, or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill; or
- any indirect or consequential loss.
- Subject to clause 4, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed three times the price of the Products purchased.
- Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. 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 Products are suitable for your purposes.
8. Cancellations, Returns & Refunds
- We will endeavour to assist you if you wish to cancel your order. Change of mind is not available for purchase of commercial quantities.
- Some products, including custom made, special order and products bought in commercial quantities may not be returnable unless defective. Subject to Australian Consumer Law, customers may be required to pay for loss we incur as a result (for example, handling/transport costs or any re-stocking fee).
- We reserve the right to cancel any order (in full or part) where:
- you are in breach of your payment obligations to Equisol;
- Equisol reasonably suspects that you are purchasing Products for the purposes of resale or resupply; (not including usage in commercial projects you are undertaking)
- Equisol becomes aware after order confirmation of shortages, delays or that the good is out of stock or not reasonably available at the required delivery time or for the quoted price;
- you fail to collect or take delivery of your order as agreed or make alternative arrangements acceptable to Equisol;
collection of the goods does not occur within 10 days of notification that
- they are available for collection or delivery does not occur within 30 days of acceptance of an order by Equisol and no alternative arrangement has been agreed (other than where directly attributable to our negligence, wrongful act or wilful misconduct) or
- there has been a genuine pricing or product description error by Equisol. We will refund any amount already paid in respect of any cancelled order, other than where the order is a special order or custom made good which cannot reasonably be resold, or the order is cancelled because you failed to collect it or call it up for delivery on or by the agreed delivery date and Equisol is not reasonably able to return the Products to stock or resell them, (and in the case of part cancellation of an order, we will refund the amount paid that relates to the cancelled portion of the order).
- If you are a consumer within the meaning of Australian Consumer Law, Equisol provides warranties in accordance with Australian Consumer Law.
Consumers are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage.
- Consumers are also entitled to have the goods repaired, or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure. All other warranties and representations are excluded, except those that are non-excludable in law, including Australian Consumer Law.
- Subject to Australian Consumer Law, where Products supplied are not of a kind ordinarily acquired for personal, domestic or household use, our liability is limited to refunding the price or replacing or repairing the Products (at our option) and we exclude liability for indirect or consequential loss (indirect, special, consequential or exemplary damages or losses, including loss of opportunity, revenue, profit, contract, goodwill and loss arising from business interruption, e.g. contractor time on site).
- Equisol will not be liable for damage, loss or injury suffered as a result of any person failing to follow instructions relating to the Products, modifying them, failing to appropriately maintain or store them or using them for an unintended purpose. To assist us in resolving any problems you may experience, please inspect the Products upon taking delivery and report any shortage, discrepancy, defect, wrong specification or similar problem to us as soon as you become aware of it, and for commercial customers within 7 days of delivery (otherwise, subject to Australian Consumer Law we may not be liable for that problem later).
11. Third Party Installation
- Where you arrange for a third party to install or use Products supplied by us, you must contract separately with that third party. Equisol will not be liable for any installation services provided by a third party.
12. Entire agreement
- These terms and conditions, together with Equisol policies available on its website (including its returns and refunds policy), apply to the exclusion of all other terms and conditions, including any terms and conditions contained in any purchase order or other document provided by you, the customer. In the event of any inconsistency between those documents, these terms and conditions will take precedence. Where Equisol accepts your order, it does so on the basis of these terms and conditions and any clarifications, such as inclusions and exclusions, included in its quote, unless expressly provided otherwise in writing.
13. Errors or omissions
- Equisol takes all reasonable care in preparing quotations and orders but is unable to accept any responsibility for any errors or omissions, in its quotation or in the plans, drawings or specifications you provide to us for the purpose of quoting. It is your responsibility to carefully check and confirm all items, quantities and measurements before placing an order. Where Equisol accepts any order placed, unless specifically agreed otherwise, it does so on the basis that you bear full responsibility for ensuring the accuracy of all items, quantities and measurements and that they comply with any plans, drawings or other specifications provided.
- Other than for the requirements to make payment when due, neither party shall be liable for any delay or failure to meet its obligations under this Agreement due to unforeseen circumstances or to causes beyond such party’s control. In the event of any such delay, performance of the affected obligation shall be suspended for a period of time equal to the time of such delay save that in the event that the delay continues for more than two (2) months, Equisol may elect to terminate this Agreement with immediate effect without incurring any liability.
15. No waiver
- The waiver by either party of any default by the other party shall not waive subsequent defaults by such other party of the same or different kind.
- If any of the provisions, either in part or in full, of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable or invalid, such provision shall be enforced to the maximum extent possible or permissible and this Agreement will be adjusted, if possible, so as to give maximum effect to the original intent and economic effect of the parties with respect to the unenforceable provision and the remaining portions of this Agreement shall remain in full force and effect.
17. No assignment
- Customer may not assign this Agreement nor any Order related thereto and Customer may not delegate its duties under the Agreement without Equisol’s prior written consent which shall not be unreasonably withheld.
- No modification to this Agreement shall be binding unless in writing and signed by an authorised representative of each party.
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