PRIVACY, REFUNDS, RETURNS AND WARRANTY POLICIES
Earthquake Rock Breakers
1. We respect your privacy
1.1. Earthquake Rock Breakers respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.
1.2. "Personal information" is information we hold which is identifiable as being about you.
2. Collection of personal information
2.1. Earthquake Rock Breakers will, from time to time, receive and store personal information you enter onto our website, provided to us directly or given to us in other forms.
2.2. You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.
2.3. Additionally, we may also collect any other information you provide while interacting with us.
3. How we collect your personal information
4. Use of your personal information
4.1. Earthquake Rock Breakers may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs.
4.2. Earthquake Rock Breakers may contact you by a variety of measures including, but not limited to telephone, email, sms or mail.
5. Disclosure of your personal information
5.1. We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services.
5.2. We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.
5.3. We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of Earthquake Rock Breakers, , its customers or third parties.
5.4. Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia.
5.5. If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.
6. Security of your personal information
6.1. Earthquake Rock Breakers is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
7. Access to your personal information
7.1. You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information, which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at .
7.2. We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.
8. Complaints about privacy
8.1. If you have any complaints about our privacy practices, please feel free to send in details of your complaints to PO Box 2420, New Farm, Queensland, 4005. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.
10.1. When you visit our website
When you come to our website/s () we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.
10.3. Third party sites
Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Earthquake Rock Breakers is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.
Payment, Refunds, Returns and Warranty
1.ACCEPTANCE. Buyer’s purchase order, quote acceptance or invoice payment will be accepted subject to the following terms and conditions and shall be the only terms and conditions applicable, regardless of any conditions which may appear on the Buyers Purchase Order, unless amended in writing by Earthquake Pty Ltd, Earthquake Rock Breakers (seller) and its divisions.
2. PRICES AND PAYMENT. All prices are ex works sellers’ facility, and unless otherwise stated, may not include freight, insurance, taxes, imposts, customs and/or statutory duties, or any other similar charges. All payments shall be made in accordance with the terms set forth in our quotation or invoice. The Seller shall have the rights to revise the unit and total pricing of this quotation if the quantities set out in the Buyers Purchase Order are varied. All approved account customer invoices are due payable within 30 (thirty) days of the end of the month of the invoice. A service fee of 2% per month may be charged for overdue accounts. All non-account customers must pay in full prior to the pickup or delivery of the goods. All goods remain the property of Earthquake Rock Breakers until the invoice is paid in full.
3. DELIVERIES. The seller shall use its best endeavours to affect deliveries upon quotation, however, the seller shall be under no liability for any loss of income or profits of the Buyer, its successors, assigns or customers as a result of any delay in delivery or non-delivery.
4. EXCUSABLE DELAY. Seller shall not be liable for delays in delivery, performance or failure to perform, manufacture or deliver due to causes beyond its reasonable control, acts of God, acts of the buyer, acts of civil or military authority, fires, flood, war, riot, epidemics, delays in transportation or inability due to causes beyond it reasonable control or to obtain the necessary labour, materials, components, utilities or manufacturing facilities. In the event of any such delay, the date of performance/delivery shall be extended by a period of time as may be reasonable to compensate for such delay.
5. WARRANTY. Except so far as such warranties and conditions are validly implied by the Trade Practices Act (1974 as amended) and Consumer Guarantees (QLD) all warranties and conditions express or implied (other than statutory warranties and conditions) and all other remedies against the seller for consequential or other damage are expressly excluded. Buyer agrees that should any defects in the goods become apparent then the buyer will notify the seller within 30 (thirty) days of discovery of such defect and will follow the seller’s instructions in respect of the disposition and return of the defective article/s. The buyer agrees that should they fail to follow such procedures then any claim for breach of any such warranties implied as aforesaid shall be limited to the amount of damage which the customer should have incurred if he had followed such procedure as aforesaid.
6. EQUIPMENT, MATERIALS, MEASUREMENTS AND PARTS SUPPLIED BY BUYER. All equipment, materials, measurements and parts supplied by or on behalf of the buyer for the purpose of manufacture or test of the articles being or to be produced by seller shall be of suitable specification for their intended performance. The seller shall take all reasonable steps to protect and safeguard such equipment, materials and parts supplied whilst on the sellers premises, however, all risk of loss, damage to, or destruction of the aforesaid, howsoever caused, shall be the responsibility of and be borne by the buyer. Where material is supplied by the buyer, the seller will not replace such material damaged or in any way rendered unsuitable due to faulty workmanship. The seller will however perform the contracted work from replacement material with no variation to the original contract price. Flaws, hard spots or other defects in materials supplied by the buyer shall be brought to the attention of the buyer and any additional costs incurred by the seller as a result of such defects shall be added to the buyers account.
7. EXPORT. If any article sold hereunder is for export, then the buyer shall be responsible for arranging transportation, insurance, export clearances and payment of associated costs.
8. DRAWINGS, SPECIFICATIONS AND SAMPLES. Unless otherwise specified in writing beforehand, should any conflict exist or arise between the requirements of (a) any drawings, (b) any specification/s and sample/s furnished by the buyer in respect of the articles to be manufactured by seller, the requirements of the drawing/s shall prevail, however, in the case of supplied electronic C.A.D. data, then this will prevail over hard copy drawings.
9. PASSAGE OF RISK AND TITLE. Buyer shall be responsible for all risks in respect of the manufactured article/s following delivery ex works, Geebung, Yatala, Loganholme, Wetherill Park or Dandenong South. Title shall pass to the buyer on payment of all monies due and payable in respect of the manufactured article/s.
10. SHIPMENT. All costs of shipment, cartage, freight and insurance of articles sold hereunder shall be for the account and be payable to the buyer and shall be in addition to the price specified, unless agreed otherwise in writing by the seller.
11. TERMINATION OF ORDER. In the event of cancellation by the buyer of any order or part thereof resulting from this quotation/sales invoice, then the seller shall be entitled to reimbursement of all reasonable production and cancellation costs incurred up to the time of such cancellation. In addition to any damages sustained as a result of such cancellation. Re-stocking fees of 25% of the full value of the product/s non-custom made and 100% for custom made. 12. RETURNS AND REFUNDS. In the event that a buyer wishes to return the goods purchased for reasons such as mispurchase, incorrect measurements or incorrect specifications supplied by the buyer they must be returned, at the buyers cost, to the original place of purchase or where the products were originally shipped from. Goods returned must be in their original packaging and be in new and unused condition. Re-stocking fees of 25% of the full value of the product/s non-custom made and 100% for custom made.
13. INDEMNITY. The buyer shall indemnify the seller against all claims, damages, demands, penalties, costs, charges and expenses which the seller may become liable for in relation to any infringement or alleged infringement of any intellectual property, including patents, rights relating to trademarks, or copyrights, which result from data, information or instructions supplied by the buyer.
14. APPLICABLE LAW. This agreement shall be interpreted in accordance with the laws of the State of Queensland, Australia.
15. VARIATIONS OF TERMS AND CONDITIONS. Unless otherwise amended in writing by seller, no alteration of or addition to these Terms and Conditions, or any representation, statement or promise inconsistent therewith shall be valid.
16. ENTIRE AGREEMENT. Upon receipt of the buyers Purchase Order or buyers Acceptance of Quote or buyers Payment of Invoice by the seller, as acceptance of these Terms and Conditions, the provisions hereof (including any pertinent documents, drawings and specifications applicable hereto) shall constitute the entire agreement between the parties and supersede all prior offers, negotiations and agreements relating to the subject matter hereof. The agreed deletion of any clause or of any part of these Terms and Conditions by the seller shall not affect the validity of the remaining terms and conditions of sale.
Full Name: Mick Dowel
Date: 1st April 2020 Earthquake Pty Ltd T/as Earthquake Rock Breakers ABN: 80 634 642 863 PO Box 2420, New Farm, Queensland, 4005