Terms

Part A Conditions of Website Use

2.1 Agreement to These Terms

The following Terms and Conditions (“Terms”) set out the rules that apply when you visit, browse or make a purchase through www.civilsafe.com.au (“Website”). Please read them before placing an order. If you do not agree with any part of these Terms, do not use the Website.

2.2 Defined Terms

“CivilSafe”, “we”, “our”, “us” means CivilSafe Pty Ltd (ABN 90 694 279 180).
“You”, “your” means any person who accesses or uses the Website, including as a purchaser.
“Goods” means products, materials, equipment or items available for sale through the Website.
“Business Day” means Monday to Friday, excluding any day that is a gazetted public holiday in New South Wales.
“Order” means a request to purchase Goods submitted via the Website, by telephone or in person at our warehouse.

2.3 Website Content

We make every effort to keep our Website content accurate and up to date, but we do not warrant that it is error-free, uninterrupted or suitable for any specific purpose. Subject to clause 2.6, CivilSafe does not make any representations about the reliability, availability or completeness of the Website or its content. Product images, descriptions and specifications are published as a guide and may differ slightly from the actual Goods.

2.4 Intellectual Property

All intellectual property in the Website, including text, images, graphics, logos, trade marks and product descriptions, is owned by or licensed to CivilSafe. You must not reproduce, distribute, modify or create derivative works from any Website content without our prior written consent, except as permitted by law.

2.5 Limitation of Liability

To the fullest extent permitted by law and subject to clause 2.6:

CivilSafe excludes liability for any indirect, consequential, special or incidental loss, including loss of profit, loss of revenue, loss of opportunity or business interruption, arising from or connected with your use of the Website or purchase of Goods;
CivilSafe’s total aggregate liability to you for any claim arising out of or in connection with these Terms or the supply of Goods is limited to the lesser of: (i) the amount paid by you for the Goods giving rise to the claim; and (ii) the amount of any refund, repair or replacement CivilSafe is required to provide under clause 2.6 or the Australian Consumer Law; and
CivilSafe is not liable for delay or failure to perform its obligations where caused by events beyond its reasonable control, including natural disasters, industrial action, supply chain disruption, government action or third-party service failures.

Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law or any other law that cannot be excluded, restricted or modified.

2.6 Consumer Guarantees

Nothing in these Terms excludes, restricts or modifies any right or remedy you hold under the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law (Schedule 2 of that Act), or equivalent state, territory or New Zealand legislation, that cannot lawfully be excluded (“Non-Excludable Rights”). Where we supply Goods to you as a consumer under the Australian Consumer Law, our liability for breach of a Non-Excludable Right is limited, to the extent permitted by law, to one or more of: replacement of the Goods, supply of equivalent goods, repair of the Goods, or refund of the purchase price. Where a failure constitutes a major failure as defined by the Australian Consumer Law, you may be entitled to choose your preferred remedy.

2.7 Indemnity

You indemnify CivilSafe, its directors, officers, employees and agents against any loss, liability, damage, cost or expense reasonably incurred by CivilSafe arising directly from:

your breach of these Terms;
your misuse of the Website;
any unlawful, fraudulent or negligent act or omission by you; or
any material you provide to CivilSafe that infringes the rights of a third party.

This indemnity does not apply to the extent that the relevant loss, liability, damage, cost or expense was caused or contributed to by CivilSafe’s own negligence, wrongful act or breach of these Terms.

2.8 Pricing

All prices are quoted in Australian dollars (AUD) and include GST unless expressly stated otherwise. Prices may change without notice, but confirmed Orders will be honoured at the price displayed at the time of confirmation. Trade, wholesale or project-based pricing may be subject to separate quotation.

2.9 Governing Law

These Terms are subject to the laws applicable in New South Wales, Australia. Any dispute arising under or in connection with these Terms may be brought before the courts of New South Wales, whose jurisdiction you accept on a non-exclusive basis. If you access the Website from a location outside Australia, you are solely responsible for ensuring compliance with any applicable local laws.

Part B Terms of Trade

2.10 Placing Orders

Goods are available for purchase online, by telephone or by collection from our warehouse, subject to stock availability. By submitting an Order, you warrant that all information provided is true and complete. Your Order is an offer to purchase at the listed price plus any delivery charges. CivilSafe may accept or decline any Order at its discretion, including where stock is insufficient, a pricing error has occurred, or your account has an outstanding balance. If we decline your Order, we will refund any amount already paid.

2.11 Stock Availability

We make reasonable efforts to maintain accurate stock information. If Goods become unavailable after you place an Order, we will notify you within five (5) Business Days and arrange a full refund for the affected items. Refunds under this clause will be processed within twenty (20) Business Days.

2.12 Payment

We accept Visa, Mastercard and American Express for online and telephone orders. Cash is accepted for in-person warehouse collection only. Title in and ownership of Goods does not pass to you until we have received payment in full and funds have cleared. Risk in the Goods passes to you upon delivery or collection.

2.13 Inspection on Delivery

Check all Goods as soon as they arrive. If anything is damaged, missing, defective or does not match your Order, let us know within five (5) Business Days of delivery. Where applicable, manufacturer warranties apply. Our obligations under this clause are subject to clause 2.6.

2.14 Change-of-Mind Returns

Goods ordered in error or no longer required may be returned at our discretion, subject to: (a) return within thirty (30) days of delivery; (b) Goods are unused, undamaged and in original sealed packaging; (c) a valid proof of purchase (CivilSafe invoice or order confirmation) accompanies the return; (d) a restocking fee of twenty percent (20%) of the purchase price may apply; and (e) you are responsible for all return shipping costs. Change-of-mind returns do not apply to customised, made-to-order or specially procured items. Full return conditions are set out in section 4 of this document.

2.15 Product Suitability

CivilSafe is a product supplier. We do not offer engineering assessments, safety audits, compliance consulting or technical advisory services of any kind. While our team can provide general product information, it is your responsibility to verify that any Goods you purchase are appropriate for your intended application. You should seek independent advice from a suitably qualified professional before making purchasing decisions for safety-critical or compliance-sensitive applications. Subject to clause 2.6, CivilSafe accepts no responsibility for loss arising from the selection of products without obtaining such advice.

2.16 Trade Accounts

CivilSafe may offer trade accounts or credit terms to eligible business customers at its discretion, subject to a separate credit application. Failure to pay any amount when due may result in account suspension and our right to recover the balance together with applicable interest and recovery costs.

Terms & Conditions