TERMS & CONDITIONS
As at August 2021
We suggest that you carefully read the terms and conditions that are detailed below as this forms the basis of the sale agreement and use of the website between Raytec Pacific Agencies Pty Ltd and you the Customer or browser. If you proceed with your purchase you acknowledge that you have read these terms and conditions of sale and use of the website and that you acknowledge your purchase from us is subject to these terms and conditions.
We have attempted to keep these terms and conditions in everyday understandable language, if you do not clearly understand these please email us at sales@raysafe.com.au
It is our aim to make your purchase as easy and systematic as possible. Please note that these terms and conditions may change, therefore, please review these terms and conditions periodically to identify any changes that may affect you.
1. DEFINITION
Supplier or The Company means Raytec Pacific Agencies Pty Ltd (RPA) Trading as Raysafe, (Raysafe Workwear). Applicant or Customer means any company, firm, school or government body or individual who has placed an order with the supplier or requests a quotation from the supplier. Goods mean any goods, materials items or articles requested by the customer in an order or quotation. Terms means terms and conditions outlined by RPA. Goods will be supplied to the customer or quoted to the applicant based on these terms and conditions and the terms contained on the invoices or quotations from RPA provided that these terms prevail in the event of inconsistency.
2. TRADING AND CREDIT ACCOUNT TERMS
Trading and credit account terms are applicable for standard purchase arrangements accepted by email or post. Purchase orders are not accepted by phone and all orders accepted will have an official purchase order attached before processing is initiated. COD orders are accepted for non account and customers. All standard non account purchases will be called COD and will require 100% deposit with purchase order before the order is processed (unless advised otherwise). This deposit may be variable depending on the style of stock goods used, the added logo requirements etc and the trading history/status of the COD customer.
Payment methods accepted are direct EFT deposit. Orders will be processed once funds are cleared and available. Account customers are subject to 30 days NETT payment of invoiced Goods from the invoice date and are bound by Account application terms and conditions-see account application forms. See also Reservation of Title. New account applications may be submitted after a 6 month trading history with the company and no less than $3000-ex GST previous COD purchases from RPA unless otherwise agreed upon in writing by RPA. This application will be subject to a Notice of Disclosure of Your Credit Reporting To a Credit Reporting Agency and references to a minimum of three current Suppliers'. The Supplier reserves the right to withdraw credit or vary credit limits at any time. If you wish to discuss trading terms or your credit application status, please email saleas@raysafe.com.au.
3. RESERVATION OF TITLE
The Supplier whilst parting with possession of the goods to Account Customers shall retain title to those goods and title shall only pass to the Customer when full payment in cleared funds are received by the Supplier. Until this happens the relationship between the Supplier and the Customer is a fiduciary one, the customer holds the goods as ballee for the Supplier and the Customer shall not assign its rights, title or interest in any book debts arising in its favour in respect of its sale of Goods. The Customer is however obligated to pay the proceeds of sale into a separate account pending payment to the Supplier. Until payment in full the Customer is obliged to store the goods separately pending sale and must keep separate records of sales of Goods owned by the Supplier. In default of payment, title is to remain with the Supplier who shall have the right to repossess the goods without notice to the Customer and for this purpose the parties agree that the Supplier may enter the property of the Customer and recover the Goods, The right to enter is without prejudice to any other rights of the Supplier deriving from these terms of the general law. In the event that the Customer uses the Goods in some manufacturing or conversion purposes of its own or some third party, then the Customer shall hold such part of the proceeds as relates to the Goods in trust for the Supplier. Such part shall be deemed to equal in dollar terms the amount owing by the Customer to the Supplier at the time of receipt of such proceeds.
4. COLLECTION AND LEGAL FEES
If the Customer breaches these Terms the Customer must pay any collection, commission and/or legal fees charged by any party to recover any monies.
5. SALE PRICE AND GST
Prices of Goods shall be the then current listed or quoted price charged by the Supplier as the date of delivery of the Goods. Prices are subject to change without notice and may be discounted accordingly by the Supplier. The Supplier reserves the right not to provide prices to unauthorized enquiries where applicable. The Customer must pay to the Supplier any amount which the Supplier is required to pay of any GST as a consequence of any supply made or deemed to be made in connection with this agreement. The GST amount must be calculated at the prevailing rate of GST imposed by the government. The GST amount will be in addition to outlined prices and shown as a separate dollar amount on any quotation or invoice unless otherwise outlined or indicated.
6. AVAILABILITY OF STOCK
Deliveries at any time are subject to availability of stock for stock listed items, and the Supplier will not be liable for any charges due to the product not being available. Where only part stock is available the Supplier will contact the Customer in order to confirm a change in order or place the original order as a back-order item. If at the time, a part order is despatched the outstanding freight component may not be fully charged to the Customer by the Supplier. If the original order which may not be able to be completed is a small order of less than 3 items the outstanding balance freight component will be paid by the Supplier.
7. LIABILITY OF SUPPLIER
a/ The Supplier will not be liable in respect of any loss or damages (including consequential loss or damage), howsoever caused (whether by negligence or otherwise, which may be suffered or incurred or which may arise directly or indirectly in respect of the Goods, howsoever acquired where any person has: modified or in any way altered the Goods or changed the formulation or make-up of the Goods, failed to use the Goods in accordance with the instructions or recommendations of the Supplier whether external stock or made to order items published from time to time in connection with the use of the Goods or failed to use the Goods in accordance with any applicable laws, Australian Standards or regulations.
b/ The Supplier will not be under any liability in respect of any loss or damage (including consequential loss or damage or otherwise) which may be suffered or incurred or which may arise directly or indirectly in respect of any technical advice or assistance given or rendered by it or its representatives (employed by RPA or agents thereof) to the Customer whether or not in connection with the manufacture, preparation of supply of Goods to the Customer, provided that the Supplier has provided such technical advice or assistance with due care and skill.
c/ Where any applicable legislation implies any term, condition or warranty into the relationship between the Supplier and the Customer or into these Terms and Conditions of Sale or a contract of Sale between the Customer and the Supplier in relation to the sale or supply of Goods, or otherwise gives the Customer a particular remedy the Supplier and that legislation or any legislation avoids or prohibits provisions excluding or modifying the application of, or exercise of, or liability under, such term, condition, warranty or remedy, then that term, condition, warranty or remedy shall be deemed to be included in these Terms and conditions of Sale, or, as in the case may be, apply to that relationship. However, the Supplier's liability for any breach of such term, condition or warranty or under such remedy, shall be limited, at the Suppliers option, in any one or more of the ways permitted by that legislation including, where so permitted: If the breach relates to any Goods to: the replacement of those Goods or the supply of equivalent Goods; the repair of those Goods; the payment of the cost of replacing those Goods or acquiring equivalent Goods; or the payment of having those Goods repaired; and
d/ if there is any inconsistency between the express terms of these Conditions and terms, condition, warranty or remedy deemed to be included in these Conditions pursuant to sub-clause under Return of Goods, that terms, condition, warranty or remedy shall prevail to the extent of the inconsistency.
e/ The description, illustrations, graphics and other material contained in catalogues, brochures, price lists, quotations or any other material hard copy or electronic online process provided by or on behalf of the Supplier shall not form part of these conditions or any contract between the Supplier and the Customer for the supply of Goods and shall not amount to any representation or warranty(whether collateral thereto or otherwise), nor shall the use of such material constitute a contract of sale by description. All Goods and Services supplied by the Supplier shall be in conformity with the Supplier's standard commercial or Australian Standard's specifications at the time of supply, subject to the Supplier's right without notice to incorporate such minor modifications thereto as it thinks fit or any modifications nature necessary to comply with any relevant law or Australian Standard.
f/ To the extent permitted by law RPA does not accept any liability for any damage or injury caused by the use or misuse of products (see product disclaimer for further details on normal use of products, wear and tear and use according to instructions provided) purchased from RPA or damages or loss including but not limited to loss of income, loss of use, loss of data, loss of business or profits howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise. To the extent that RPA may be liable for a breach of a condition of The Competition and Consumer Act 2010 Section 59 Guarantee as to express warranties (formerly the Trade Practices Act 1974), the maximum aggregate liability for any product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the product(s) in question.
g/ All sales of Goods by the Supplier shall be governed by the law of New South Wales Australia, and the applicant or approved Customer submits to the jurisdiction of the court of New South Wales Australia.
h/ The Supplier's failure to insist upon strict enforcement of any provision(s) of the terms and conditions of this agreement shall not be construed as a waiver of any provision or right.
8. DELIVERY
After any official order of Goods is processed the Supplier will consolidate and package such orders in commercial grade packaging ready for dispatch. Orders are delivered by Australia Post-Startrack, Fastway Couriers-Aramex. or your nominated Carrier. We use the most economical, safe and responsive methods of transport covering Australia and Overseas countries. Your order usually will have a delivery docket or electronic consignment device for delivery signature and confirmation. Only sign for Goods if cartons or parcels have not been visibly damaged in any way and the total quantity of cartons or parcels on the consignment/delivery docket is correct.
If Goods are not consistent with the consignment/delivery docket advise the driver to make a note including their legible name on the docket in question. If you do not follow this procedure, and no advise is recorded of incorrect delivery you are acknowledging that the entire delivery is correct and in perfect condition. RPA highly recommends that the Customer nominates a delivery address. where during business hours. someone is present to accept your delivery. The courier companies used cannot guarantee a delivery date or time; however, the majority of deliveries are in office hours of 9.00am and 5.00pm.
RPA will not despatch orders unless the Customer records their landline phone number and/or email address for delivery information. Deliveries to third parties are not accepted unless a landline phone number and full name and address of the third party are shown on the order. Mobile phone numbers are not accepted for delivery confirmation. If no one is present to accept the delivery, the delivery driver will usually leave a delivery card in your mailbox or under your door, noting that they have attempted to deliver the Goods to the Customer. The Customer may have to then contact the delivery company or contact driver within 48 hours to arrange another suitable time for delivery. Postal Boxes will not be accepted as a delivery address unless remote location addresses for delivery are requested-in which case the landline phone number of the post office/outlet must be stated for confirmation.
On occasion Goods are lost in transit to the Customer. If after the normal delivery time of 10-15 working days the Customer does not receive their order, the customer will need to contact the Supplier immediately by email. The Supplier will immediately commence a consignment/delivery note trace with the courier company concerned. The Supplier may supply the Customer on request, details of such consignments to conduct an online search of the lost consignment, where available.
Delivery Charges: All deliveries are subject to a delivery charge unless otherwise stated at time of enquiry, quotation or order-please see current delivery charges sheet on website or requested order quotations.
Insurance: All Goods are sent uninsured unless specified by the Customer. Insurance is only available from Australia Post and will attract an additional fee. This charge may be calculated at enquiry or quotation of order. No responsibility of Goods in transit is taken by the Supplier if the Goods are uninsured at point of invoice and despatch.
9. GUARANTEE OR WARRANTY OF GOODS
All of our Goods are guaranteed against faulty workmanship and materials whether made to order or stock items. Should you have any problems with any product, you should notify us immediately by email at sales@safety4U.com.au. It is also our policy that you are fully satisfied with the quality of your purchase and it suits the purpose for which it was purchased. Please keep in mind that the Supplier does not recommend in any way that the Customer purchases any item for use other than which the item is intended to be used for. Please see further details under product disclaimer, liability of supplier and returns policy.
10. SIZES
Please take considerable attention to your size requirements of items before purchase. RPA does not guarantee that all fittings of the same item in the same size will be exactly the same measurement. There are industry tolerances during manufacture of Goods in various garment measurements that allow a minimum of difference in fitting up to a half a size. Do not rely on your currently used products from other sources, to be the same fitting as our products, in the respective size range. All sizes of Goods are clearly marked in various size charts outlined in the web-site, i-shop and or Third Party Supplier catalogues. Sizes outlined are usually a To Fit measurement with appropriate allowance for fitting and removal. Please take notice of size measurements so appropriate purchase of Goods relates to the exact size requirements of your order.
11. DISCLAIMER OF WARRANTY OF WEBSITE
The Supplier is providing the website on an as is basis and use of this site is at your own risk. The content is believed to be complete, accurate, current and reliable at the time the information was placed on the site. The Supplier, its officers, employees and agents make no representation or warranty as to the completeness, accuracy, currency or reliability of the information contained on this site including in relation to any products or services (including ALL items the Supplier directly manufactures or stock items purchased from third party external wholesalers, importers or distributors).
RPA and its supplier's and vendors disclaim all express or implied representations or warranties with regard to the information, services, products, materials and any other resources contained on or accessible through this site, including without limitation any implied warranties of merchantability or fitness for a particular purpose or any express or implied promise, including by way of example, its continuing availability. RPA reserves the right to modify or content manage any part of the website without notifying any existing or prospective customers or users. RPA is not responsible for any errors or defects contained in the website (including without limitation computer viruses, typing and graphic errors or other inaccuracies). RPA intends any information contained to be accurate and reliable.
However, errors may occasionally occur. Therefore, all website works are provided, as is, without any warranty of any kind. All product images, text and technical information shown on our website is in good faith as a true representation of the product. Due to circumstances beyond our control, from time to time, our supplier's may make alterations to their products without our knowledge. In cases where a product is ordered online and new stock has significant differences, you will be advised by phone or email. Whilst all care has been taken to show and describe colours of products (especially fluorescent colours and shades) due to the variation in computer monitor quality, actual colours may differ from that shown on your computer screen.
Links to other websites: This site also includes links to other internet sites such as stock suppliers, wholesaler's, importers and distributor's. Be aware that RPA does not control, makes no guarantee about and disclaims any express or implied representations or warranties about the accuracy, relevance, timeliness, completeness or appropriateness for a particular purpose of the information or the resources on these or any other internet sites. RPA makes no representation whatsoever about any other websites which, You as a user, may access from this site (as aThird Party Site). A link from this Site to a Third Party Site does not mean that RPA endorses or accepts any responsibility for the content or use of the Third Party Site.
Third Party Sites are accessible from the Site only for convenience of the user and your use of such links is at your own risk. The inclusion of these links is not intended and does not reflect RPA, Raysafe or Raysafe Workwear opinion on the accuracy or the importance of these other sites, further, RPA, Raysafe or Raysafe Workwear does not endorse in any manner any of the views expressed in, or products or services offered by this or these other sites. Once you have left our site via such a link, you should check the applicable terms and conditions and privacy policy of that Third Party Site before using or disclosing your personal information. We do not accept responsibility for the conduct of companies linked to this website.
12. INTELLECTUAL PROPERTY
The content of this website is owned, licensed by RPA and is the intellectual property of RPA and/or is protected by copyright, trademark and common law. The content of this website cannot be used, copied, licensed or sub-licensed without express written permission from RPA. Permission is granted for the downloading of images contained within catalogues or PDF's where directed within the site. You must not use the Content of this site for any illegal or misleading purposes. The sale of Goods does not have the effect of vesting in the customer or purchaser any right to any of the seller's(RPA) intellectual property rights in the Goods, including without limitation the Seller's trading name, registered trademarks, copyright in Goods, designs etc, the ownership of which will remain with the Seller (RPA) at the time. Website design and structure of this website and i-shop remain the ownership and copyright of (RPA) and may not be changed in any way. Products displayed by third party Supplier's catalogues or links used in this website are the intellectual property of those Supplier's and (RPA) does not take any responsibility for the use of such intellectual property by customers or user's of this website.
13. RETURNS POLICY
Return or Exchange of Goods: Return of Goods must be authorized in writing by an officer of (RPA). A return authority number must be given from (RPA) before Goods are returned, detailing invoice number, description of Goods for return and reason for return of such Goods. The best form of purchase is the original register receipt or invoice. All Goods for return and credit must be in an unused condition with original packaging and swing tickets intact. NO CLAIM FOR RETURN OF GOODS WILL BE ACCEPTED AFTER 7 DAYS FROM RECEIPT OF GOODS.
The company will only pay for the return freight if incorrect or faulty Goods were supplied. All non-stock (including made to order), modified, embroidered or printed items are non-returnable unless damaged or faulty. It is the Customer's responsibility to inspect ALL items for incorrect or faulty supply against each respective order before ANY modification to the product. The Company will not accept returns for modified items. The company reserves the right to charge a 20% re-stocking fee on non-faulty or correctly supplied Goods if accepted for return. Returned Goods either non-faulty or correctly supplied remain the risk of the customer until such goods are received and signed for by (RPA), its contractor's or agents. Should any Goods be returned without adherence to the Returns Policy stated above a 10% surcharge will apply -regardless of the nature of the type of return and this will be in addition to other charges incurred. Adequate proof of purchase will be required for any return credits or exchanges.
RPA may elect to return faulty products to the manufacturer's repair agent to determine the nature of the fault problem. If the product is determined to be faulty not to be merchantable quality, not fit for purpose or not matching a description or sample (RPA) will offer a repair, exchange voucher or refund. Refunds will be issued using your original payment method. RPA reserves the right to assess the condition and age of Returned Goods prior to offering a repair, exchange or refund and may result in such being refused.
14. PRIVACY POLICY OF WEBSITE AND I-SHOP
Thank you for visiting our web-site. This Privacy Policy informs you how (RPA) uses personal information collected at this web-site. Please read this policy before using the site or submitting any personal information. By using this web-site, you are accepting the practices described in this policy. These practices may be changed at any time, but all changes will be posted in this section. The practices set forth in this policy are for this web-site only, if linking to other web-sites, please review the privacy policies posted at those sites. The Company values your privacy, which is a serious matter, so, we have written this Privacy Policy to inform you of our dedication to protecting your privacy.
The Customer has the right to know how your information is used. All information the Customer issues to (RPA) which includes the Safety4U.com.au I-shop is held in strict confidence and will not be used in any unauthorized manner. RPA requires the Customer to provide contact information, including email address, to complete the purchase or quotation process. RPA will utilize your email address to update the Customer about the Company and the Customer's account details. The Company will also use the Customer's email address to update the Customer from time to time, about other necessary information.
ALL e-mail's and newsletters from this site allow the Customer to opt out of further mailing's. The Company may share information with Government agencies or other companies assisting in fraud protection or investigation. The Company may do so, when permitted or required by law.
15. PRODUCT DISCLAIMER
The Customer understands that the Company (RPA) shall not be liable for any direct, indirect, incidental, consequential or exemplary damages, including, but not limited to, damages for loss of profits or other intangible losses resulting from the use or inability to use the product(s) or any misuse of the product(s) in a manner not in accordance with their intended use.
THE COMPANY RECOMMENDS, IF POSSIBLE, AN INITIAL TRIAL BE CONDUCTED TO ASSESS SUITABILITY OF PRODUCTS BEFORE GENERAL USE.
Ultraviolet Protection: UPF ratings (Ultraviolet Protection Ratings)which are those tested 2mm off the skin denoted or indicated on garment and other labels, are for fabrics or textiles only, and do not address the amount of protection which is afforded by the design of the garment. The UV protection offered by individual garments may be lessened at points where the fabric or textile is in close contact with the skin, such as across the shoulders of the upper body (where stretch may occur) or if the fabric or textile is wet. Stated UPF ratings may decrease with time due to the effects of normal wear. UPF ratings attached or indicated are taken from new fabric samples as tested, in a dry and relaxed state. UVA and UVB transmittance and UPF rating data of fabrics or textiles, stated. are from test samples not necessarily taken from the same fabric batch from which the garments are manufactured.
The Company does not claim every garment or article is tested. Actual UPF data may vary from each garment or article of the same fabric, colour way and description, or within the area of each individual garment or article. This is usually due to unavoidable irregularities of textile construction and after garment or article manufacture. Misuse of garment or article or failure to follow correct washing instructions may cause UPF ratings to vary. The Company does not claim garments or articles available for purchase or purchased prevent the respective wearer from incurring any type of skin damage, disorders or any other type or assessment of medical condition, therefore, the Company does not accept any related claims by the Customer, wearer or user of such UPF rated garments or articles.
Garments or articles available from the Company marked with UPF ratings are NOT medical devices and UPF data only relates to fabric or textile components used in manufacture of such garments or articles, NOT to test results, data or any other effects on human skin. The Company distributes garments and articles from other Supplier's (third party) which may contain UPF ratings. The Company relies on this Supplier's to comply with the AS/NZ Standard 4399.1996 in a similar manner to the Company and does not claim that Supplier's(Third party) have conducted independent test results to substantiate these UPF ratings.
The Company from time to time does in a responsible manner request test reports for products from other Supplier's to substantiate their use of UPF ratings. The Company does not claim there is a correlation between a textile and human skin incurring various types of skin damages which may be possible and cumulative due to Ultraviolet Radiation or any other Solar Radiation .Ultraviolet Radiation UVA and UVB are only two types of radiation wavelength in the wavelength spectrum comprising Solar Radiation.
High Visibility: High Visibility fabrics comply or are tested in accordance with AS/NZ4602.2011 (formally1999) and 1906.4.1997 unless otherwise stated and labelled. These products comply at the time of manufacture. Fabric samples tested for luminance and chromaticity may not be representative of the fabric batch which individual garments are manufactured from. The Company does not claim that each individual garment or article which comprises a component of High Visibility fabric is tested. The Company does not accept any related claims by the Customer, wearer or user of High Visibility garments or articles as to any injury incurred by the use, whether proper or in an improper manner, of these items.
High Visibility products must be used in accordance to outlined instructions:
- High Visibility products should be stored away from sunlight to limit fading and to prevent degradation of the retro-reflective material (if used) by excessive heat.
- High Visibility products should be inspected regularly and replaced if they are damaged, soiled or faded.
- Class D (Day only) products are NOT to be used at night. Class D/N (Day/Night) products are for night use. Replace product if background material (Fluorescent portion) or retro-reflective material is faded, cracked, damaged or ceases to function correctly.
- High Visibility products should be maintained by following manufacturer's instructions.
Retro-reflective material (D/N) products may need to be used in early morning twilight hours, shaded areas or duller daytime hours. The company does not make any recommendations for each individual use or application of such products.
Heat Stress Management: The company advises the Customer that we do not make recommendation for any specific use or application of garments that are promoted as Heat Stress Management or Thermodynamic in nature and fibre composition. Where garments are used in applications of extreme weather conditions or temperature fluctuations the Customer, wearer or user accepts the associated liability.
The Company does not accept any claims arising from any medical condition the Customer, user or wearer may incur or be assessed with, due to Heat Stress or any associated illnesses, in relation to the use of garments or products supplied by RPA. The Company recommends correct adherence to ALL OH+S guidelines and regulations relating to prevention of Heat Stress.
If the Customer, after DUE TRIAL of sample products supplied by RPA is not satisfied with the initial performance or application of these products DO NOT PROCEED WITH PURCHASE OR USE of the respective products. We welcome your concerns or feedback.
If you have any additional questions regarding the outlined terms and conditions, please forward these to sales@raysafe.com.au.
We welcome your feedback