The Safety Cabinet Warehouse – Australian Website Trading Terms & Privacy Policy
Acceptance of Website Terms and Conditions
The Safety Cabinet Warehouse (Company) owns and operates this website.
Access to and use of this website and the products available for purchase through this website is subject to the following terms and conditions.
By accessing and using this website, You accept and agree to these terms and conditions.
Any participation on this site will constitute acceptance of these terms and conditions by You.
If You do not agree to abide by these terms and conditions, please do not use this website.
These terms and conditions (and the provision of goods by the Company) are governed by and are to be interpreted in accordance with Australian State and Federal laws.
Interpretation
Unless accepted by the Company in writing no variation or modification of these terms and conditions will bind the Company.
“Company” means The Safety Cabinet Warehouse.
“Customer” “You” “Your” means the party placing the order to purchase the goods.
“Products” means the goods ordered from the Company by the Customer.
Orders
A contract to purchase Products will exist upon written acceptance by the Company of the Customer’s order.
An order may be made by the Customer on the website, which is accepted by the Company in writing, will result in a legally binding contract between the Company and the Customer which incorporates these terms and conditions.
Payment
All orders must be paid for in full at the time of placing the order. Your credit card details will not be stored in our database and will be deleted upon receipt of confirmation by the Company that payment has been authorised and received. Please note that payment by credit card may incur an additional charge set by the credit card merchant broker. These fees are non-recoverable by us.
Delivery Options
In order to maintain our effective pricing models, we do not operate our own delivery services. Deliveries are made with our long-standing transport partners and we are bound by their terms and conditions.
- Standard door-to-door Delivery (Metro)
We offer FREE standard door-to-door Metro deliveries. This freight option requires a forklift to be on site for unloading. If no forklift is available, a tail-lift truck is required.
- Tail-lift Delivery
For customers who do not have a forklift, we can send the product on a tail-lift truck. Tail-lift delivery incurs a $135 + GST charge.
- Rural Delivery
Rural delivery is $170 + GST. If a tail-lift is also required, the extra $135 + GST surcharge applies.
- Residential Delivery
For non-commercial premises, a residential delivery option is typically available. Please contact us for a quote.
- Free/Delivery included
Some of our smaller items have free shipping/delivery included in the purchase price.
- Local Pickup
Customers are able to pick up their orders for free from our warehouse locations. Our warehouse partners do not have payment facilities on site.
Selecting Local Pickup will still require payment to be processed and received by our accounts team before your order will be available for release. Depending on payment method, this may take 2-3 days. To avoid disappointment, please do not attend the warehouse until you have received a confirmed booking slot.
When attending the warehouse you must comply with all health and safety obligations required of our operational site. A trained forklift operator will be available to help load your order onto your vehicle. Ownership of the good/s are deemed to have been transferred to the customer once it is on your vehicle.
It is the customer’s responsibility to secure their load and ensure compliance with any local transport regulations. Please ensure you have an appropriate vehicle/trailer and equipment to secure the items.
Most of our products are extremely heavy, and some of the taller top-heavy products may tip over if inadequately secured. TSCW will not be held liable for any damage which occurs during transit/after ownership has passed to the customer.
Inspection on Delivery
Customers must inspect all goods upon delivery. Any visible freight damage, shortage, or delivery discrepencies must be reported to us in writing within 48 hours of delivery. Failure to notify us within this period may affect our ability to process transit-related claims. Items picked up from a warehouse must be inspected prior to acceptance of the goods otherwise we are unable to verify if transit damage occurred once in the customer’s possession.
Risk and Title
Risk in the goods passes to the customer on delivery to the address or agent nominated by the customer. Title to the goods passes only once payment is received in full.
Claims for Damaged or Faulty Goods
If goods are found to be faulty or damaged due to manufacturing or transit defects that existed prior to delivery, we will rpovide remedies consistent with Australian Consumer Law.
To lodge claim, customers must provide:
- Written details of the issue;
- Photos showing the damage or fault; and
- Proof of purchase and delivery date.
Returned goods must be packaged securely. We may require inspection before approving replacement or refund.
Goods Not in Working Order Due to Misuse or Resale
We are not liable for goods that have been mishandled, altered, improperly installed, or resold without inspection. Where goods are resold, the reseller assumes all obligations to their customer under the Australian Consumer Law and indemnifies us against any claim arising from on-sale or misuse after delivery.
Return Process
To assist with efficient processing, customers should obtain written return authorisation before returning goods. Return freight and insurance are the responsibility of the customer unless the goods are confirmed to be defective at time of supply. Approved refunds will be processed to the original purchaser once goods are received and inspected. A re-stocking and handling fee will apply.
Change of Mind
Returns for change of mind or incorrect ordering are not accepted unless agreed to in writing and will be subject to a handling and re-stocking fee.
Cancellation Policy
Cancellation of Your order within 2 working days of confirmation of Your order and prior to dispatch of the Product will allow You to apply for a full refund. Any pick/pack charges incurred by the Company at the time of cancellation will be deducted from the refundable amount.
The full refund can be applied to the credit card used to purchase the Product, or the bank account used to pay for the Product by internet banking.
Cancellation refunds will not be paid after 2 working days of confirmation of Your order or if the Product has been dispatched.
Lifetime Warranty
Our products post 30 June 2021 are backed by a Lifetime Warranty, covering our flammable goods, chemical and Lithium-Ion Battery charging cabinets are free from defects in materials and workmanship for the lifetime of the original purchaser. This warranty covers repairs or replacements of defective products at Jagbe Industrial Supplies Ltd discretion.
Electrical components, however, are covered under a separate Parts only 12-month warranty from the date of purchase. This warranty does not cover damage caused by misuse, neglect, accidents, unauthorized modifications, or normal wear and tear or products which have been purchased earlier than 30 June 2021.
Proof of purchase is required for all warranty claims.
Purchase of Electrical or Electronic Parts
You acknowledge that the Company shall not be held liable for any issues resulting from any incorrect installation or incorrect use.
Electrical parts have a limited warranty of 12 months.
Electrical Compliance documents for customers who have purchased our lithium cabinets are available on request. Please use the cabinet’s serial number when making a request. The serial number is typically found on the plug’s original test and tag sticker, or alternatively where the mains power cord enters the cabinet.
Specifications
All specifications and information relating to the Products is provided by the manufacturers and suppliers of the Products.
The Company, to the fullest extent permitted by the law, shall not be liable to You or any third party for any loss caused by any misrepresentation or inaccuracy of information in relation to the Products.
You further acknowledge and agree that:
(a) no supply or sale of any Products by the Company to You is, or amounts to a sale by description or a sale by sample; and
(b) You have relied on Your own knowledge and expertise when purchasing the Products as to their suitability for any purpose; and
(c) the Company did not give any warranties or make any representations as to the suitability of the Products for any purpose and no previous supplies or purchases of Products by You from the Company is indicative that the Products are of a particular quality or type or suitable or fit for a particular purpose.
Liability
To the full extent permitted by, and to the extent it does not contravene the Australian Consumer Law, the Company is not liable to the Customer for any direct, indirect or consequential or contingent loss, liability, cost, damage or expense of whatever nature suffered or incurred by the Customer or any third party from the possession, operation or use of the Products by the Customer or any third party, and without limitation includes but is not limited to loss occassioned by defective design, workmanship or materials in relation to the Products, and the Customer indemnifies the Company against all loss or damage suffered or incurred by it, the Customer or any third party.
Force Majeure
Notwithstanding any other provision of these terms and conditions, non-performance by the Company of any of its obligations under these terms and conditions will be excused, without liability for non-performance, during the time and to the extent that performance is prevented, wholly or substantially, by any event or circumstance (whether arising from natural causes, human agency or otherwise) that is beyond the reasonable control of the Company, including strikes, lockouts or other labour disputes, riot, civil commotion, pandemic, fire, flood, drought, loss or delay at sea, breakdown or war (whether declared or not) (Force Majeure Event). Performance of any obligation affected by a Force Majeure Event will be resumed as soon as reasonably possible after the termination or abatement of the Force Majeure Event.
Privacy Policy
(a) By using this website, You acknowledge that the Company will be receiving, collecting and storing Your personal information. In general terms, personal information includes any information that can be used to personally identify You. This may include (but is not limited to) Your name, age, date of birth, gender, profession, postal or street address, contact details (including phone numbers and email addresses) and financial information, including Your payment information and previous purchases of Products by You from the Company.
(b) The Company is an organisation that respects and values Your privacy and security.
(c) The Company is committed to complying with the Privacy Act 1988 (Act) and the Australian Privacy Principles under the Act (Australian Privacy Principles).
(d) The Company is also committed to complying with privacy legislation applicable in all State and Territories of Australia.
(e) The Company will collect, hold, use, and disclose your personal information for the following purposes:
• respond to Your enquiries and fulfil Your requests;
• provide Products and services to You;
• send administrative information to You, for example to process your payments or to communicate with you regarding your actual or proposed purchase of any Products from the Company, or to provide You with related customer service;
• send You newsletters and information on new Products being offered by the Company; and
• send You details of the Company’s promotions, sales, specials and other like marketing material, price updates and changes to its website terms and conditions.
• to verify Your identity;
• to investigate if we have reason to suspect a breach of any of these terms and conditions or any suspected unlawful activity by You.
(i) Upon request by You, the Company will provide You with access to Your personal information to allow You to ascertain and confirm that the information collected by the Company about You is accurate, complete and up to date. However, in certain circumstances the Company may deny You access to Your personal information pursuant to one or more of the exemptions contained within the Australian Privacy Principles. If the Company denies You access to your personal information, it will provide You with the reason or reasons for that denial.
(j) If You advise the Company that any of Your personal information is not accurate, complete or up to date, the Company will take all reasonable steps to correct and update that information.
(k) The Company will not sell, rent or barter any of Your identifiable personal information without Your written permission.
(l) The Company will take all reasonable steps to protect Your personal information from misuse, loss, or unauthorised access or modification. If You suspect any misuse or loss of, or unauthorised access to, Your personal information, please contact the Company in writing immediately advising it of this.
(m) You acknowledge that the Company may need to provide Your personal information to third parties who assist the Company in its dealings with You. When Your information is disclosed to those third parties, the Company will:
• take all reasonable steps to ensure that the third parties undertake to protect your privacy;
and
• only authorise the third parties to use Your personal information for the purposes that the Company supplied it to them.
Complaints About Breach of Privacy Policy
If You believe that the Company has breached this privacy policy, the Act or the Australian Privacy Principles, or You have any questions or concerns about this privacy policy, please contact us using the contact information below and provide details of the incident so that the Company can investigate
it.
Changes to Privacy Policy
The Company may change this privacy policy from time to time. Updated versions of this policy will be posted on the website.
Prohibited Conduct
You acknowledge and agree that You are prohibited from, and must not do any of the following when using the website:
• attempt to decipher, decompile, disassemble, deconstruct or reverse engineer any of the software or codes comprising or in any way making up the website;
• take any action that imposes an unreasonable or disproportionately large load on the website infrastructure and the Company’s server and systems, including but not limited to “spam” or other such unsolicited mass emailing techniques;
• use the website for any purpose that is illegal, unlawful or prohibited by these terms and conditions, including without limitation the posting or transmitting of any threatening, libellous, defamatory, obscene, scandalous, inflammatory, racist, pornographic, profane or “spam” material;
• mislead or deceive others through any act or omission or make a false representation about Your identity, including the impersonation of a real or fictitious person or using an alternative identity or pseudonym;
• conduct any activity which infringes or breaches the Company’s or another party’s copyright, trade mark, patent rights or other intellectual property rights;
• introduce any virus, worm, Trojan horse, malicious code or other program which may damage the website, the Company’s servers, systems and computers, or computer based equipment servicing the website, or computers used by other users; and
• attempt to disrupt or interfere with the operation and functionality of the website in any way.
Third Party Websites
You acknowledge and agree that:
• the Company’s website may contain links to other websites operated, controlled or produced by third parties; and
• unless otherwise indicated by the Company in writing, the Company does not control, endorse, sponsor or approve any such third party websites or their content nor does the Company provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content.