Cutting Edge Solutions Website Terms and Conditions of Sale

Introduction

  • The Cutting Edge website (cuttingedgesolutions.com.au) and related social media accounts (collectively, the Website) are created and controlled by Cutting Edge Solutions Pty Ltd (ACN 068 103 766) (Cutting Edge, we, us or our).

 

  • Cutting Edge manufacturer, market, sell and distribute steel products and services, including cutting, welding, drilling, punching and bending steel products.

 

  • These terms and conditions of sales (together with our Privacy Policy) comprise the terms of a legal agreement between you and Cutting Edge (agreement). In this agreement, Buyer, you or your means the person or entity who orders or purchases our products or services on, or via, the Website, and includes anyone acting on your behalf or with your express or implied authority

 

  • You acknowledge that you have read, understood and agreed to be bound by the terms of this agreement. The placement of an order for products and services on, or via, the Website constitutes your acceptance of this agreement.

 

  1. Account

 

  • An account may be established through the Website for purposes of purchasing products and services from us (Account).

 

  • You are responsible for maintaining control over, and the confidentiality of, your username and your password, and notifying us of any unauthorized access to, or use of your account or password.

 

  • We are not liable for any loss or damage arising out of, or in connection with, any unauthorised access or use of your Account, username or password, including loss or damage sustained by you from any misuse, inadvertent or hacked Account or password.

 

  1. Legal capacity

 

  • To order or purchase products and Services on, via, the Website, you must be over 18 years of age, and legally able to enter into contractual relations. If you are under the age of 18 years (Minor) you must immediately cease and refrain from accessing or using the Website and/or ordering or purchasing products and services from the Website, unless and until your parents or guardians have agreed to abide by this agreement.

 

  • Your continued use of the Website constitutes an acknowledgement by you that you are over 18 years of age, or your parents or guardians have agreed to abide by this agreement.

 

  1. Placement of orders

 

  • Subject to clause 3, orders for products or services may be made:

 

  • through an Account. Your Account will be operated by a username and password which can be changed any time by you on the registration page on the Website; or

 

  • by placing a single order through the Website without establishing an Account.

 

  • When placing an order for products and services, you warrant that:

 

  • all details and selections made when placing an order are current, accurate, and complete;

 

  • you are an authorised user of the Account used to place your order or you are otherwise authorised to place a once-off order without establishing the Account;

 

  • you are an authorised user of the Paypal account used to purchase our products or orders; and

 

  • that your nominated Paypal account will cover the full cost of the purchase.

 

  • Each order for products or services constitute a separate agreement on the terms and conditions of agreement, and is subject to your compliance with any specific limitations or terms displayed on the Website.

 

  • Placing an order for products or services does not constitute a legally binding agreement until we confirm that payment has been made on the order and you receive a written order confirmation from us to your nominated e-mail address that payment has been received and the order has been accepted.

 

  • We may, at our absolute discretion and for any reason, accept or decline any order for any products or services displayed on our Website. For example, if we are unable to successfully process your Paypal account for your order, we may notify you and cancel your order. Any order for products or services which has not been accepted will be deemed to have been declined, and any payment made for the products or services will be reversed.

 

  • If your order details or billing information is incorrect, incomplete or suspicious, Cutting Edge may, at our absolute discretion, require you to provide additional billing verification or order information before accepting any order.

 

  • If you place an order for products or services on, or via, the Website for someone else to receive the products or services, you warrant that you have the authority to:

 

  • provide us, or otherwise make available to us, the other person’s Personal Information (as defined in the Privacy Act 1988 (Cth)) and you have obtained their consent for us to collect, use, store or disclose their Personal Information in accordance with our Privacy Policy; and

 

  • bind that person as the principal to this agreement, and to the extent you do not have such authority you agree to be bound to this agreement.

 

  1. Price

 

  • Prices for our products or services are listed on the Website, are in Australian Dollars (AUD) and are exclusive of GST.

 

  • Prices displayed on the Website are current at the time of issue. Prices and the availability of products and services are subject to change effective immediately upon posting to the Website. You agree to pay the prices for the products or services displayed at the Website at the time of placing your order.

 

  • In addition to the price specified for the products or services displayed on the Website, you agree to pay:

 

  • GST and any other taxes and government charges, levies or fines in relation to the purchase of the products or services;

 

  • delivery and handling fees at our prevailing rates at the time in relation to the delivery (or re-delivery) of products or services, including any packaging costs, transport insurance, and all other costs, charges or expenses incurred in relation to delivery (or re-delivery) of the products or services (collectively, Delivery Fees);

 

  • surcharges for payments made by credit card; and

 

  • any charges incurred in connection with the cancellation or variation of an order,

 

(collectively, Additional Charges).

 

  1. Payment

 

  • Once payment is made your tax invoice will be sent to you. Your tax invoice is your proof of purchase and may be required for any warranty claim.

 

  • You must use Paypal to purchase any products or services from our Website. If the name on the Paypal account does not match the name on the order, we may refuse to accept your order or ask you to provide additional information (for example, proof of identity documents) in accordance with our fraud detection processes. By providing your Paypal account details you authorise us or Paypal to deduct the price for the products or services and the Additional Charges (as applicable) from your Paypal

 

  • We may, at our absolute discretion and without notice, change the payment methods that can be used to purchase products or services through or via, the Website, at any time.

 

  • If we are unable to successfully process your payment for your order for any products or services, we will notify you by email and we may, at our absolute discretion:

 

  • cancel, or suspend, all (or any part of) your order;

 

  • request additional information (for example, proof of identity documents); or

 

  • request you made payment by another method.

 

  • If you do not comply with our request for additional information or you fail to make payment by another method within 7 days, we will cancel your order without further notice.

 

  1. Delivery and collection

 

  • Unless we agree otherwise in writing, you are responsible for the collection of the products or services purchased by you on, or via, our Website.

 

  • If you are unable to collect the products or services from us, we may, at our absolution discretion, arrange for an external service provider to deliver to the products or services to the address nominated in your order. You will pay the Delivery Fees specified by us once we have prepared your order for shipment.

 

  • You will ensure that any person who collects or takes delivery of the products or services on your behalf is authorised by you to do so. Acceptance of delivery by such representative will constitute conclusive evidence that you have examined the products or services and found them to be in good condition, complete in every way for the purpose for which it is intended. If required, the duly authorised representative shall sign a receipt confirming acceptance.

 

  • Risk and title to the products or services passes to you when the products or services are paid for in full. Cutting Edge will not be liable to you or anyone else for any losses, damages, costs or expenses arising out of, or in connection with, any delay or failure in the collection by you or delivery of the products or services by us or any theft, damage, destruction or loss of the products or services during collection by you or delivery by us.

 

  • To the maximum extent permitted by law, if any dispute arises concerning any order (and including any measurements, features, quality or quantity) our records will be conclusive evidence of what was ordered.

 

  1. Refunds and returns

 

  • Except for products that have been specifically manufactured, produced or customized for you (eg products that have been cut, welded, punched and bent to your specific requirements), you are entitled to change your mind with respect to any product purchased through our Website by contacting us as soon as possible, but no later than 7 days of receiving the delivery or collection any product. For any product which is returned in the original condition, we will use reasonable endeavors to provide you with a full refund less a cancellation fee, by way of liquidated damages, equal to 10% of the total cost of the order. You will be responsible for the cost of returning the products in their original condition to us. If you are unable to return to the products to us, we will charge you a Delivery Fee to collect the product from you.

 

  • To the extent that you acquire a product from us as a consumer within the meaning of the Australian Consumer Law, your purchase of the product will come with certain consumer guarantees that cannot be excluded and are in addition to any manufacturer’s warranties, or extended warranties purchased or given to you.

 

  • If the product purchased fail to be of acceptable quality but do not amount to a major failure, you may seek to have the product repaired or replaced.

 

  • If the product purchased contains a major failure, you may either reject the product and seek a refund, or keep the product and seek compensation for any drop in the value of the product.

 

  • Any request for a repair, refund or replacement must be accompanied by proof of purchase and returned in the product's original packaging. You must follow any direction given by us in relation to the return of the damaged, faulty or defective product.

 

  • Where any services are ordered through our Website, you agree that your remedy under Australian Consumer Law will be limited to complete re-performance of the services or the provision of a full refund.

 

  1. Warranty disclaimers and liability

 

  • It is your responsibility to satisfy yourself as to the suitability, condition, and fitness for purpose of the products or services, without relying upon our skills or judgment. To the maximum extent permitted by law, we make no warranty or representation that the products or services requested by you meet your needs, are suitable for any particular purpose or used under any specific conditions.

 

  • You order or purchase for products and services on an ‘as is’ basis and you use the products and services (and any other goods or services provided in connection with the products and services) at your own risk. Cutting Edge will not be liable to you or anyone else if the products or services are unavailable for any reason including directly or indirectly as a result of:

 

  • telecommunications unavailability, interruption, delay, bottleneck, failure or fault;

 

  • the negligent, malicious or willful acts or omissions of third parties, including delivery and courier service providers and third-party payment processors (such as Paypal); or

 

  • services provided by third parties ceasing or becoming unavailable;

 

  • maintenance (scheduled or unscheduled) carried out by Cutting Edge or any third party provider on the Website; or

 

  • Unavoidable Events.

 

  • To the maximum extent permitted by law, we exclude:

 

  • all representations, conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied or imposed by statute, common law or equity;

 

  • all liability to you, or anyone else for any:

 

  • indirect, consequential, incidental, special or exemplary damages, expenses, losses or liabilities; or

 

  • loss of profits, business interruption, loss of revenue, economic loss, loss of goodwill, loss of or damage to reputation, downtime costs, loss of use, failure to realise anticipated savings, loss under or in relation to any other contract, loss of opportunity, expectation loss, or loss of production; or

 

  • loss of, or damage to, any property or any personal injury or death to you or anyone else,

 

arising out of, relating to or connected to, your access and use of our Website, the provision, delivery or use of the products and services, the use of Paypal or any other third party payment processor to purchase the products or services, or this agreement, regardless of the cause of action on which they are based, even if advised of the possibility of such damage occurring.

 

  • Under no circumstances will our aggregate liability, whether based upon warranty, contract, statute, tort (including negligence) or otherwise, exceed the price paid for the products or services ordered on, or via, the Website under this agreement in the preceding 3 months of the claim.

 

  1. Privacy

 

  • Cutting Edge and our authorised external service providers (such as delivery and courier service providers and third-party payment processors) may collect Personal Information (as defined in our Privacy Policy) directly from you when you purchase products or services on, or via, the Website, when you place an order by email or telephone, or when you contact us for any reason. Personal information we collect and use may include your name, billing address, delivery address, telephone number, email address and payment details.

 

  • Further details of our policy on the collection, storage, use and disclosure of your Personal Information is set out in our Privacy Policy, which forms part of this agreement.

 

  1. Unavoidable Events

 

We will not be liable to you or anyone else under this agreement or otherwise if we are prevented from or delayed in performing our obligations under this agreement, or from carrying on our business, by acts, events, omissions or accidents beyond our control  including, but not limited to, acts of God, failure of a utility service, transport, banking or telecommunications networks, riots, civil commotion, computer hacking, war, acts of terrorism, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or earthquake, any disaster or adverse weather, governmental actions, default or non-performance of hosting or data centre providers, interruption of the internet or our Website, or other suppliers or sub-contractors, labour disputes, or any other failure, act or omission in our supply chain, or third-party delivery contractors and manufacturers (Unavoidable Events).

 

  1. Suspension and termination

 

We may, in our absolute discretion and without notice, terminate, suspend or block your access to your Account or password, the Website, or any products or services offered, on or via, the Website for any reason (or no reason), including as result of, or in connection with any breach of this agreement by you. We will not be liable to you or anyone else arising out of, or in connection with, any such suspension or termination.

 

  1. Dispute resolution

The parties must, before resorting to court proceedings (except interlocutory or interim relief), refer any dispute between the parties under or relating to this agreement initially to a nominated representative of each party to endeavor to resolve the dispute within 20 days. If the dispute is not resolved with this period, then either party may, in its sole discretion, initiate court proceedings. Notwithstanding the existence of a dispute, each party must continue to perform its obligations under this agreement.

 

  1. Contact us

If you have any questions regarding this agreement, please contact us directly by:

 

 

  • calling us on (03) 9357 6146.

 

 

  1. General

 

  • A waiver of any right under this agreement is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given.

 

  • If any provision (or part of a provision) of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, then the other provisions shall remain in force.

 

  • If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, then the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

 

  • This agreement and any documents referred to in it constitute the whole agreement between the parties and supersede any previous arrangements, understandings or agreements between them relating to the subject matter which they cover.

 

  • You will not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under this agreement.

 

  • Nothing in this agreement is to be construed as constituting a partnership, employment relationship, joint venture, or any other form of association between the parties in which 1 party may be liable for the acts or omissions of any other party.

 

  • If there is any inconsistency between this agreement and the term of any other document referred to in this agreement, this agreement shall prevail to the extent of any inconsistency.

 

  • The laws of the state of Victoria, Australia govern this agreement. The parties agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia.