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Terms & Conditions

Thank you for visiting our website. This website is owned and operated by EurekaMax Pty Ltd (ABN 78 150 050 963)  By accessing and/or using this website and related services, you agree to these Terms and Conditions, which include our Privacy Policy. You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms.

In these Terms, 'us', 'we' and 'our' means EurekaMax Pty.

1 Registration

 

You may need to be a registered member to make orders or access certain features] of our website.

When you register and activate your account, you will provide us with personal information such as your name, address, email address and telephone number. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.

When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.

 

To create an account, you must be:

• at least 18 years of age;

• possess the legal right and ability to enter into a legally binding agreement with us; and

• agree and warrant to use the website in accordance with these Terms.

 

 

2 Collection Notice

 

We collect personal information about you in order to process orders,  respond to your enquiry,  process your registration  and for purposes otherwise set out in our Privacy Policy.

We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services  and products to you.

Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us using the Contact Us link on our website.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

3 Accuracy, completeness and timeliness of information

The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

4 Purchases - Conditions of Sale – Escape That Fire fire escape masks

  1. DEFINITIONS

In these terms and conditions, unless the context otherwise requires:-

1.1. “GST” means Goods and Services Tax or other tax that is substituted or replaces the GST tax.

1.2. “the Supplier” means EurekaMax Pty Ltd.

1.3. ”the Customer” means any person or persons, company or business entity to whom the Supplier sells or supplies, or proposes to sell or supply, Goods or Services.

1.4. “the Goods” means the Escape That Firetm fire escape masks supplied or sold by the Seller to the Customer from time to time.

1.5. “the Seller” means the Supplier.

1.6. “the Services” means any services provided by the Supplier.

1.7. “PPSA” means the Personal Property Securities Act 2009 (Cth) as amended from time to time.

1.8. “Quote” means any quote that remains valid for 30 days and includes only the Goods.

 

  1. GENERAL

The only contractual terms which are binding on the Supplier are those set out in this Agreement.

 

  1. QUOTATIONS

Any quotation provided is an invitation to treat only and not an obligation to sell or offer. In the event of any counter offer by   the   Customer, or any  conflict between any Quote or counter offer and this Agreement, this Agreement shall prevail.

 

  1. PRICE

4.1. The price charged for the Goods and Services to be provided to the Customer are set out in Quote and relevant Invoice. The Supplier reserves the right to vary any price quoted either orally or in writing.

4.2. The price excludes GST unless specified.

 

  1. TERMS  OF  PAYMENT

5.1. The Customer will pay to the Supplier the full price at time of order.

5.2. The Supplier reserves the right to grant terms to approved Customers upon such terms and conditions in its absolute discretion.

 

  1. RETENTION OF TITLE TO GOODS AND PPSA

6.1. Title to Goods sold by the Supplier to the Customer will not pass from the Supplier to the Customer until the later of:

(a) unconditional payment in full to the Supplier for those Goods; and

(b) unconditional payment in full of all other amounts owing or unpaid by the Customer to the Supplier on any account,

including in respect of Goods and Services previously or subsequently supplied to the Customer

6.2. Payment in full will not be regarded as having been received by the Supplier unless and until payment is made in cleared funds.

6.3. Until such time as title to Goods passes to the Customer under clause 6.1:

(a) the Customer will hold the Goods as a fiduciary and as bailee for the Supplier and will be responsible for any loss, damage or conversion of the Goods;

(b) the Customer must store the Goods in such a manner as to show clearly that they remain the Supplier’s  property;

(c) the Supplier may enter any premises owned or occupied by the Customer or its agents to inspect the Goods or inspect the Customer’s books and records regarding the Goods at any time;

(d) subject to clause 7.1(j), the Customer may only use the Goods in the ordinary course of the Customer’s business, or sell the Goods in the ordinary course of the Customer’s business, provided that where the Customer sells Goods, it will do so as principal and the Customer will have no power to commit the Supplier to any contract or otherwise or to any liability, but as between the Customer and the Supplier, the Customer will sell as  fiduciary  agent; and

(e) The Customer must ensure that the Goods are not and will not be subject to any encumbrance or other security interest (including a lien) granted or created in favour of any third party (whether under contract, statute or common law) without the Supplier’s prior written consent. Without limiting the Supplier’s rights, if the Customer becomes aware of a third party’s interest in or relating to an encumbrance or other security interest, including a lien, in respect of the Goods, the Customer must notify the Supplier immediately in writing and provide the Supplier with all relevant details relating to the encumbrance or other security interest, including the third party’s full name and contact details, the nature of the encumbrance or other security interest and the Goods subject to the encumbrance or other security interest.

6.4. Despite this clause 6, the Supplier is entitled to maintain an action against the Customer for payment of the purchase price of Goods.

6.5. The Customer agrees that clause 6.1 creates a security interest (including, where applicable, a purchase money security interest, as defined in the PPSA) in Goods (and their proceeds, as defined in section 31 of the PPSA) supplied by the Supplier to the Customer from time to time.

6.6. The Customer agrees to do all things necessary and execute all documents required by the Supplier to register each security interest in the Goods, and ensure that the Supplier acquires a perfected security interest in the Goods, under the PPSA.

6.7. Until title to Goods passes to the Customer under clause 6.1, the Customer waives its rights under sections 95, 118, 121(4), 129, 130, 132(3)(d), 132(4), 135, 142, 143, 157(1) and 157(3) of the PPSA, to the extent that is permitted by law. The Supplier may also contract out of any additional provision of the PPSA as determined by the Supplier from time to time, provided that is also permitted under the PPSA.

6.8. Where the Supplier has rights in addition to those under Part 4 of the PPSA, those rights continue to apply.

6.9. The Customer agrees that repossession and retention of Goods pursuant to the PPSA will only satisfy so much of the amounts owing by the Customer to the Supplier as is equivalent to the Supplier’s estimation of the net realisable value of the Goods, or their cost price (whichever is the lower) as at the date of repossession, and the repossession and retention will immediately extinguish any rights or interest the Customer has in the Goods.

6.10. Until title to Goods passes to the Customer under clause 6.1, the Customer must not give to the Supplier a written demand, or allow any other person to give to the Supplier a written demand, requiring the Supplier to  register   a  financing change  statement  under the PPSA in respect of or affecting any Goods, or enter into or allow any other person to enter into the personal property  securities  register  a  financing  change statement under the PPSA in respect of or covering the Goods.

6.11. The Customer will be responsible for payment of any fees (and any other costs) that the Supplier incurs in relation to investigating, perfecting or registering the Supplier’s security interest in the Goods, and those fees and costs may be added as a charge on invoices issued by the Supplier to the Customer.

6.12. The Customer may not assign or factor the Customer’s right and interest in any debt owed by a customer of the Customer to the Customer on account of the proceeds of sale of any of the Supplier’s Goods by the Customer on credit or deferred payment terms without the Supplier’s prior written consent.

6.13. Subject to section 275(7) of the PPSA and any provision of any other agreement between the Supplier and the Customer permitting the Supplier to disclose information, the Supplier and the Customer agree that neither of them will disclose, or authorise the  disclosure of, information of the kind described in section 275(1) of the PPSA in relation to these terms and conditions, any contract or any transaction contemplated by or effected under these terms and conditions or any contract.

6.14.   The Customer must notify the Supplier in writing of any change in the Customer’s ownership or in the ownership of the Customer’s business, or in the directors or address of the Customer. Notwithstanding any change in the Customer’s ownership/trading structure or any notice by the Customer to the Supplier of such change, the Customer will remain personally liable for the payment for any Goods and/or Services supplied to, or ordered by, the Customer from the Supplier until the Customer has received written confirmation from the Supplier that the Customer’s account has been closed and full payment has been received by the Supplier.

 

  1. DEFAULT

7.1.  If:

(a) the Customer breaches any clause of these terms and conditions or any term of any other agreement to which the Customer and the Supplier are parties;

(b) any payment by the Customer or on its behalf to the Supplier is dishonoured for payment;

(c) the Customer fails to comply with any lawful demand for payment issued by the Supplier;

(d) any amount payable by the Customer to the Supplier becomes overdue for payment or, in the Supplier’s opinion, the Customer will be unable to meet its payment obligations to the Supplier as they fall due;

(e) any of the following occurs to the Customer, if it is, or to the extent it includes, a company:

(i) a receiver, manager, administrator or controller becomes entitled to take possession of any of the Customer’s assets, any proceedings are instituted for the Customer’s winding up, or the Customer enters into a deed of company arrangement; or

(ii) the Customer becomes an externally-administered body corporate or becomes insolvent;

(f ) the Customer (if it is, or to the extent it includes, an individual) commits an act of bankruptcy, or is or becomes an insolvent under administration; or

(g) a change occurs in the ownership of the Customer, or in the ownership of the Customer’s business, or in its directors, then, without prejudice to the Supplier’s other remedies under these terms and conditions or at law:

(h) all amounts owing to the Supplier by the Customer will, whether or not due for payment, become immediately payable by the Customer;

(i) the Supplier will be entitled to cancel all or any part of any of the Customer’s orders for Goods and/or Services  which   remain  unfulfilled;

(j) the Customer’s right to possess, use up, sell or otherwise deal with Goods in respect of which title has not passed to the Customer under clause 6.1 will cease; and

(k) the Supplier will be entitled to enter any premises where the Goods in respect of which title has not passed to the Customer under clause 6.1 are kept, and remove, repossess and re-sell all or any such Goods. The Supplier is not liable to the Customer if it takes any such action.

7.2. The Customer indemnifies the Supplier in respect of any claims or actions against, and costs, expenses and other liabilities incurred by, the Supplier in relation to:

(a) the removal, repossession, transportation, storage and sale of Goods pursuant to these terms and conditions, including without limitation, any claims brought by third parties; and

(b) any of the matters set out in clauses 7.1(a) to 7.1(k) (both inclusive).

7.3. Without prejudice to any other remedies the Supplier may have, if at any time the Customer is in breach of any obligation (including relating to payment), the Supplier may suspend or terminate the supply of Goods and Services to the Customer and any of the Supplier’s other obligations under these terms and conditions. The Supplier will not be liable to the Customer for any loss or damage the Customer suffers because the Supplier exercises its rights under this clause.7.4. The Customer must pay interest to the Supplier on any of its invoices to the Customer which are overdue for payment.  Such interest will accrue daily at a rate of 15% per annum, from the date when payment becomes due until the date of payment. Interest will be calculated daily, and will accrue at such a rate after, as well as before, any judgment.

7.5. If the arrangements provided under or in connection with these terms and conditions constitute a credit contract as defined in the National Credit Code, the time for payment of any overdue account is limited to a total period of not more than 62 days from the date of the Supplier’s invoice. Nothing in this clause 7.5 imposes an obligation on the Supplier to extend its payment terms to the Customer for any period at all.

 

8. QUALITY  OR  DESCRIPTION  OF  GOODS AND SERVICES

8.1. The Customer shall inspect the Goods immediately on delivery and, with fourteen (14) days of delivery, give notice to the Supplier of any defect or allegation that the Goods or Services are not in accordance with the Contract. If the Customer fails to give such notice within that time, the Goods and Services shall be deemed to be in all respects in accordance with the Contract and the Customer shall be bound to accept and pay for the same, accordingly.

8.2. The Customer understands that the Escape That Firetm fire escape masks are a one time use product and that the vacuum packaging must not be opened until such time that the masks are to be used

8.3. Notwithstanding that any sample of the Goods or Services has been exhibited to and inspected  by the Customer, it is agreed that such sample was so exhibited and inspected solely to enable the Customer to judge for himself of the quality of the Goods or Services and, not so as to constitute a sale by sample under the Contract. The Customer shall take the Goods or Services at his own risk as to their corresponding with the sample, or as to their quality, condition or sufficiency  for any purpose.

 

  1. DELIVERY

The Goods shall be delivered to the Customer’s address as notified to the Supplier at the time of order. From the time of dispatch from the Seller’s premises and until delivery, the risk of any loss or damage to or deterioration of the Goods for whatever cause arising shall be borne by the Customer unless the Supplier arranges delivery or is otherwise agreed by the Supplier and Customer.

 

  1. LIABILITY OF SUPPLIER

10.1. In the event that this Contract constitutes a supply of goods or services to a consumer as defined   in  the  Competition  and  Consumer  Act 2010 (Cth) (including the Australian Consumer Law), as amended, or relevant similar State or Territory legislation (“the Acts”), nothing contained in this Contract excludes restricts or modifies any condition, warranty or other obligation in relation to this Contract and the Goods and Services which, pursuant to the Acts, or any of them, is applicable or is conferred on the Customer where to do so is unlawful, in which event the Seller’s sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which the customer may sustain or incur, shall be limited (except  to  the extent  specifically  set  forth  herein) to:-

10.1.1. the replacement of the Goods or Services; or

10.1.2. the supply of equivalent goods or services; or

10.1.3. payment of the cost of replacing the Goods or Services or acquiring equivalent goods; or

10.2. The Seller will not be liable for any failure to deliver the Goods or Services if the failure arises as a consequence of fire, embargo, strike, inability to secure materials or labour, or any other circumstances beyond the control of the Seller.

 

  1. WARRANTY

11.1. Escape That Firetm fire safety masks are manufactured in compliance with BS EN403:2004 to provide 60 minutes protection from toxic fumes, smoke and heat radiation caused by fire and must be stored and used as per instructions on the packaging.

11.3. Warranties given exclude claims for or damage resulting from: inclement weather, fire, explosion, act of God or other like cause; unauthorised alterations, additions or tampering of the Goods, other events beyond control of the Seller.

 

  1. RETURNS & REFUNDS

12.1. All goods are specifically manufactured or ordered for the Customer and will not be returnable except due to defect unless otherwise agreed to in writing. Any agreed returns will must be sent to our warehouse address which will be advised at the time.

12.2  Refunds will not be made for any reason other than the product arriving in a damaged condition. For Fire Safty Masks, if the product arrives with vacuum sealed packaging opened you should contact us. NOTE: If you open the vacuum sealed packaging yourself then a refund can not be offered.

 

5 Linked sites

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

6 Intellectual property rights

 

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).

Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law. However, you are permitted to make one copy for the purpose of viewing the Content for your own personal use.

7 Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

• any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;

• using this website to defame or libel us, our employees or other individuals;

• uploading files that contain viruses that may cause damage to our property or the property of other individuals;

• posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.

If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.

8 Warranties and disclaimers

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

9 Liability

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

10 Jurisdiction and governing law

Your use of the website and these Terms are governed by the law of Western Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Western Australia.