Hussmann Australia Terms of Use

Welcome to the Hussmann Australia website, which is provided to you by Hussmann Australia Pty Limited (ABN 59 002 366 887) (“Hussmann”, “we”, “us”, “our”).

Your use of this website is governed by the policies, terms, and conditions (“Terms”) set out below, so please read them carefully.

These Terms, together with any other policy in relation to the supply or return of goods that may be made available on our website from time to time, form the whole of the agreement between you and Hussmann in respect of your use of the website and any purchase of goods from Hussmann (“Goods”) made through the website. These Terms may also apply to the purchase of Goods from Hussmann made over the phone or by email if we have specified they will apply and notified you of same.

Your use of this website indicates your acceptance of these Terms and any other applicable policy. To the extent that any inconsistency arises between these Terms and a separate policy in relation to the supply or return of goods that is published on our website, that policy will apply. These Terms will otherwise supersede and replace any subsequent terms or conditions provided by you or on your behalf to us in connection with an order for Goods you make through our website, over the phone or by email (“Order”), whether or not such terms or conditions are signed by Hussmann.

Hussmann reserves the right to make changes to this website and these Terms at any time. By ordering or registering on any of our websites you grant us the right to add your contact details to our database and use them to contact you regarding your Order, shipping, and other products or promotions. From time to time we may contact you about offers and new products. You can easily be removed from our subscriber list by either unsubscribing via a link in any email you receive from us, or by contacting our Customer Support at marketing_oceania@hussmann.com.

 

A. Your use of this website

1. Use

This website is for your personal use unless otherwise approved by Hussmann.

You are free to simply browse our website to learn more about us and what we do. You should carefully consider whether this website and the products we provide are suitable for your needs, and get independent advice if you need it.

Whether or not you register for an account, you must not (without Hussmann’s express permission):

  • post or transmit anything to this website or to us, or otherwise use the website in any way, that is misleading, fraudulent, or unlawful or is otherwise threatening, abusive, defamatory, invasive of privacy, vulgar, offensive, obscene, profane or objectionable;
  • restrict or stop other users from using or enjoying this website;
  • access data or any part of the website that is not intended for you or which you are not authorised to access, or attempt to obtain goods or services to which you are not entitled;
  • modify, copy, distribute, transmit, display, perform, reproduce, publish or license any material on this website;
  • use or attempt to use any material published on the website to create any other website or publication;
  • transfer or sell any information, functionality, or products or services made available on or through the website, or represent that you are entitled to do so;
  • probe, scan, or test our website or any related system or network for the purpose of breaching security or authentication measures or interrupting access or functionality;
  • track or monitor any content, user, or website functionality; or
  • impose an unreasonable load on our systems or networks.

If we believe that you have not complied with these Terms or any other agreement with Hussmann at any time, we may immediately cancel any Order, terminate your access to this website, or restrict your use of the website, and you agree that we may do so without prior notice to you and without liability to you or anyone else.

 

2. Account Management

If you wish to buy Goods, you may first be required to create an account on our website.

You are responsible for your use of this website, and you must not give your account details to anyone else. If someone else accesses this website using your account details, then you are also responsible for use of the website by that person. If you believe your account has been or may be accessed by an unauthorised user, it is your responsibility to update your account details and to notify Hussmann immediately of any potential security breach or fraudulent activity. Although we will not be liable for any loss you suffer as a result of unauthorised use of your account, you will be liable for any loss we suffer (except where the unauthorised use or access was outside your reasonable control).

 

3. Your content

Nothing in these Terms affects the ownership of any words, images, or other materials that you post or submit to the website or otherwise provide to us, or post to a public forum or social media channel in connection with us, an Order, or Goods (“Content”), if any. By providing Content to us, you:

(a) represent that any information comprising the Content is true and correct and acknowledge that Hussmann will rely on that information in entering into any agreement with you;

(b) promise that you own or have the right to use any Content that you submit on or via the website, and that use of your Content on or via the website will not infringe anyone else’s rights; and

(c) you give us a world-wide, non-exclusive perpetual, irrevocable, royalty-free licence to use, publish, reproduce, modify and communicate your Content for the purpose of operating the website and the Hussmann business, including providing goods and/or services to you.

We may edit, modify, delete, remove or take down any Content within our possession or control that we believe (in our sole discretion) is in breach of these Terms or is otherwise unlawful, without notice to you and without us incurring any liability. We are under no obligation to monitor or moderate any Content. The opinions expressed in any Content are the opinions of the provider of that Content and do not constitute opinions of or representations made by Hussmann.

 

4. Our content

The website and everything on this website (excluding your Content) is either owned by us or is licensed to us. This includes: (i) the design, compilation and look and feel of this website; (ii) all copyright, trade marks, designs and other intellectual property displayed on or incorporated into the website; (iii) all intellectual property rights subsisting in the Goods; and (iv) all other trade marks, logos, business names, or domain names used in connection with the website and our business (unless otherwise stated) (together, “Hussmann IP”).

Subject to your compliance with these terms, we grant you a non-exclusive, revocable, world-wide, royalty-free licence to access, use, and download the Hussmann IP only for the limited purpose of accessing and using our website, including communicating with us and buying our Goods or services.

You must not copy, reproduce, adapt, transmit or distribute any of our content or use the Hussmann IP in any way not expressly permitted within these Terms (or otherwise allowed by law). All rights in the Hussmann IP are strictly reserved to Hussmann and its licensors and nothing in these Terms creates an assignment in respect of the Hussmann IP.

 

B. Orders

5. Acceptance Policy

Your receipt of an Order confirmation, in electronic or any other form, does not signify our acceptance of your Order, nor does it constitute confirmation of our offer to sell Goods to you. A contract will not be formed between Hussmann and you for the purchase of goods until you receive a shipment confirmation email from us. Hussmann reserves the right to, by written notice to you at any time after receipt of your Order but before shipping confirmation is provided, decline your Order for any reason or supply less than the quantity of Goods ordered.

Hussmann is a supplier of refrigerated merchandisers, refrigeration systems, heat transfer and associated products and may accept Orders from resellers, dealers, exporters, wholesalers, or other customers who intend to resell the products offered by Hussmann.

 

6. Pricing & Payment

Prices of Goods and services on the website (“Prices”) are subject to change without notice to you. You agree to pay Hussmann the Prices as quoted at the time of Order, which will be charged to your nominated method of payment (where valid and accepted).

Prices quoted are in Australian Dollars. You acknowledge and agree that all credit cards will be charged in Australian Dollars and the prices confirmed at the time of Order are inclusive of GST and applicable taxes, fees, and charges unless otherwise notified to you prior to purchase.

In the event that a product is listed on our website at an incorrect Price or with incorrect information due to typographical error or error in pricing or product information, Hussmann shall have the right to refuse or cancel any Orders placed for such products (including if such Orders have been confirmed or payment of the Price has been processed).

If your payment has already been processed and your Order is cancelled, Hussmann will issue a credit to your account in the amount of the Order.

 

7. Order Cancellations

If you notify us before Goods have been dispatched, Hussmann may, but is not obligated to, accommodate Order cancellations. If items have been shipped, Hussmann reserves the right to refuse Order cancellations or charge a reasonable cancellation fee should we be able to request the return of the package from our delivery service. Apart from the foregoing, an Order cannot be cancelled once placed by you.

 

8. Change of address

The shipping address for your Order is shown in the checkout and on your Order confirmation and shipping confirmation emails. In the event that an incorrect address was entered, address changes can only be made before the Order is shipped. Hussmann cannot accommodate all address change requests. Hussmann takes no responsibility for Orders shipped to an address provided by you that is incorrect or invalid and is not liable for any loss, cost, expense, or damage arising from an Order being shipped to such an address.

 

9. Privacy

Any personal information you provide to Hussmann will be collected, used, stored, and disclosed for the purpose of processing your Orders, providing information about our products or services, and communicating with you as a member of the Hussmann customer community, or as otherwise stated at the point of collection or in our privacy policy.

 

C. Delivery & Returns

10. Delivery

At this time, Hussmann only delivers within Australia and New Zealand. Enquiries for deliveries can be made outside those regions and will be tasked to the appropriate Hussmann business.

The delivery times provided by Hussmann are estimates only. You are not relieved of any obligation to accept delivery of or pay for Goods because of a delay in delivery. Hussmann will make all reasonable efforts to deliver the Goods to you at the time and on the date agreed as the delivery date, however, time is not of the essence under these Terms and, except where Hussmann has an obligation under the Australian Consumer Law, Hussmann is not liable for any failure to deliver or delay in delivery for any reason including, without limitation, where an event beyond our reasonable control occurs (such as a result of any strike, trade dispute, fire, tempest, theft, breakdown, epidemic, pandemic, government directive, court order, or similar). You agree that Hussmann is not liable to you for any cost, expense, loss or damage arising out of such a delay in delivery or a failure in delivery.

If the option for customer pick-up is available for Goods you wish to order, pick-up can be arranged from our nominated warehouse locations at no additional cost to you. Hussmann is not liable to you for any failure to collect the Goods or delay in collection when you elect to pick up Goods from our warehouse locations yourself. If you fail to collect the Goods within a notified collection period, Hussmann may (at our election) ship those Goods to your nominated contact address at your cost, or refund payment received in respect of the Goods, in which case we cannot guarantee that replacement Goods will be available.

 

11. Title and risk

Risk in the Goods will pass to you on delivery of the Goods unless otherwise agreed in writing.

Title in the Goods will remain with Hussmann and pass to you only on payment of the Price, as well as all other amounts owing to Hussmann by you, in full. You will hold the Goods (including where they have been converted or changed by any process) as bailee and agent for Hussmann unless and until payment in full is received.

Until title to the Goods passes to you upon payment in full of all Prices owing to Hussmann for all Goods supplied, you must:

(a) subject to paragraph (b) below, store the Goods separately and in such a manner that they are clearly identified as the property of Hussmann and ensure that the Goods are properly stored, protected, readily identifiable and insured;

(b) only sell the Goods, where onsale has been permitted by Hussmann, in the ordinary course of your business (which does not include sale for less than cost or on conditions); and

(c) hold and agree to hold the proceeds of any sale or lease of, or other dealing with, the Goods for Hussmann in a separate bank account with a bank over which the you have not given any security.

In addition to any rights Hussmann may have under the Personal Property Securities Act 2009 (Cth) (“PPSA”) or any equivalent applicable law, Hussmann is entitled at any time until title in and to the Goods passes to you to demand the return of the Goods and shall be entitled without notice to you and without liability to you to enter, or cause Hussmann’s agent to enter, any premises occupied or controlled by you (or any other premises where you are holding the Goods) in order to search for and remove the Goods. For that purpose, you irrevocably grant a license to Hussmann to enter such premises (including via an agent) and indemnify Hussmann from and against all loss, cost, damage, or claim suffered or incurred by Hussmann as a result of exercising its rights under this “Title and Risk” section.

To the extent permitted by applicable law, if there is any inconsistency between Hussmann’s rights under this “Title and Risk” section and its rights under the PPSA or any equivalent applicable law, this “Title and Risk” section prevails.

You grant to Hussmann, and acknowledge and warrant that Hussmann has and may perfect, an enforceable security interest, lien, and/or charge (which may be registered in any jurisdiction where applicable law permits or requires registration of such interests) in the Goods and any proceeds of the sale of the Goods to secure payment of all applicable Prices until title passes in accordance with this “Title and Risk” section. You acknowledge that these Terms contain and evidences the entire agreement between you and Hussmann in respect of the foregoing grant of security interest (and you will otherwise promptly notify Hussmann as to any relevant formalities which are required to be observed under applicable law for the purpose of enforcing that security interest) and agree to do anything requested by Hussmann or reasonably necessary to register, perfect and enforce Hussmann’s security interest, lien and/or charge and (to the extent permitted by applicable law) waive any rights you may have to receive notice of perfection or registration (if any).

 

12. Repairs, Refunds and Returns

If you have received a product which you believe is faulty, please contact our Customer Support to arrange a refund, replacement or repair at marketing_oceania@hussmann.com. If a Warranty applies to your product. that Warranty applies in addition to your rights under the Australian Consumer Law as contemplated below and does not replace or exclude any of those rights.

Returned products must be in as new condition (except to the extent they are faulty) and sent to the return address indicated on your Order or shipping confirmation. We recommend sending returns via registered post or courier as we do not accept responsibility for lost items.

Where Goods are faulty, Hussmann may (at its sole discretion): (i) refund the Price paid for the Goods (including a partial refund); (ii) replace the Goods; (iii) have the Goods repaired; or (iv) pay the cost of having the Goods replaced or repaired (see section 16 – ‘Our Liability to You’ for more detail).

The Hussmann returns policy (as set out here or elsewhere on our website) does not seek to limit your rights and Hussmann’s rights and obligations under the non-excludable provisions of the Australian Consumer Law (contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

 

13. Purchase and Installation of Commercial Goods

If you are purchasing Goods from our website that are intended for industrial or commercial use, the installation and use of those Goods may be subject to local, state and federal laws, regulations and standards. It is your responsibility to familiarise yourself and comply with all laws, regulations and standards that might be applicable to your purchase, possession, transportation and installation of those Goods. By placing your Order with us, you are agreeing and representing to us that: (i) delivery of the Goods specified in your Order to the delivery address provided and installation of the Goods will comply with all applicable laws; and (ii) you will hold Hussmann and its officers, directors, employees, suppliers, and contractors harmless for your failure to comply with these and all legal requirements.

 

D. General

14. PROMOTIONS

(a) Promotions, discounts and promotional codes (collectively “Promotions“) are valid for the specified time period for online purchases of Goods only and may be used one time only unless otherwise stated.

(b) One time use Promotions must be used in their entirety in a single purchase. Any amounts not redeemed in the applicable purchase will be forfeited. Promotions cannot be combined with other promotions.

(c) Promotions do not apply to gift certificates, GST or duties or similar services.

(d) Promotions do not apply to shipping unless expressly stated otherwise.

(e) Promotions cannot be applied retroactively to previously placed Orders or to Orders that have been adjusted.

(f) For Promotions requiring a minimum order size, charges for shipping and credits from gift certificates do not count towards the minimum order size requirement.

(g) For Promotions where you must buy 1 (or more) item(s) to get a reduction on the second (additional) item(s), the discount will be applied at checkout to the lower priced item.

(h) If Goods were purchased with a Promotion and subsequently returned, you will be issued a credit or refund at the promotional price and, if the Promotion has expired, it cannot then be applied to a replacement or future Order.

(i) If you return a gift that was purchased with a Promotion and the Promotion has expired, you cannot apply the expired Promotion to a replacement or future Order.

(j) Promotional items are available only while supplies last; Hussmann does not issue rain-checks for items that run out of stock.

(k) Hussmann, at its sole discretion but subject to applicable law, can extend or terminate a Promotion at any time.

(l) Hussmann has no obligation to advise an entrant of an incomplete or incorrect entry and will not be accountable for the return of any item Ordered incorrectly.

(m) Please note discount coupons are valid for non-sale items only and cannot be used during sale periods.

(n) By claiming a promotional offer on your Order, you agree that you have understood the terms and conditions of that promotion.

 

15. Change & Access

Hussmann does its best to provide current and accurate information on the website but things sometimes change, and so we may need to update or remove statements and representations made on the website from time to time.

The website will usually be available 24 hours a day, seven days a week. Sometimes, however, the website may be unavailable while we conduct maintenance, or for technical or other reasons. We will try to give you notice before any planned outages, and keep interruptions to a minimum, but we are not responsible for any delay, loss, or other damage you might suffer as a result of any error or interruption in accessing our website.

This website uses cookie technology in order to provide information and services to website visitors. Cookies are pieces of information that a website transfers to your computer’s hard disk for record keeping purposes and are a necessary part of facilitating online transactions. Most web browsers are set to accept cookies. Cookies are useful to estimate our number of users and determine overall traffic patterns through our website. If you do not wish to receive any cookies you may set your browser to refuse cookies, however you will not be able to take full advantage of the services available on our website.

You are not allowed, without our prior written consent, to frame, deep link, mirror or retransmit any part of the website or its content, or quote or use whole or parts of the website or its content in a third-party website. If you are interested in linking to our website, please contact us at marketing_oceania@hussmann.com.

This website may contain links to other websites which are owned by third parties, such as our partners and supporters. These links are provided solely for your convenience and are not an indication that Hussmann endorses the products or services that are provided by that website. When accessing third party sites and using those products and services you agree and undertake to do so at your own risk.

 

16. Our Liability To You

We do not promise that the content on this website (or your access to it) will be uninterrupted or error-free, that any defects will be corrected, or that the website or content are free of viruses or any other harmful components. We make no promises regarding correctness, completeness, reliability or otherwise regarding your access to the website or your use of it. We are not liable to you for any loss claimed or incurred by you or others as a result of any lack of availability.

Hussmann and its related entities will not be liable to you, whether in contract, tort (including negligence) or otherwise for any economic loss, loss of profit, business, goodwill, revenue, customers, capital, reputation, data, anticipated savings or benefits or any other damages such as indirect, incidental, special, punitive, consequential or similar damages arising from your use of this website or its content or services, or from the purchase or supply of any Goods.

Subject to the non-excludable provisions of the Australian Consumer Law (contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) and any other non-excludable term implied by law, this website and all of Hussmann’s Goods and services are provided on an “as is” basis without warranties of any kind (save as expressly provided by us in writing), and Hussmann excludes all warranties, representations, and liability of any kind (including in negligence) in connection with the website, or any goods or services advertised or offered for sale via the website. To the maximum extent permitted by law, where any liability of Hussmann cannot be excluded, we limit that liability (at our election):

(a) in respect of any damaged or defective Goods or services provided to you by Hussmann to: (i) repairing any Goods; (ii) replacing any Goods or services provided to you by Hussmann; or (iii) payment of the cost of having the Goods or services repaired or resupplied; and

(b) otherwise, to payment in the amount of AUD$10.

 

17. Your Liability To Us

You are liable and solely responsible for:

(a) any Content you submit via the website;

(b) your breach of any person’s intellectual property rights (including those of Hussmann or its manufacturers and suppliers);

(c) your breach of these Terms or any other agreement with us; and

(d) your breach of any applicable law.

You agree to indemnify Hussmann (including our directors, officers, employees, contractors, assigns, and related bodies corporate) (“Indemnified Parties”) from and against any and all claims (including in negligence), liabilities, costs, expenses (including legal fees) and loss suffered or incurred by the Indemnified Parties and arising in any way from any of the matters set out in paragraphs (a) – (d) above.

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claims.

 

18. Legal

(a) We have tried to make the wording of these Terms clear and easy to read, but the law (and our lawyers!) require some things be said in a certain way. If you read something in these Terms that you are not sure about, then please seek independent advice.

(b) These Terms are governed by the laws in force in New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals from those courts.

(c) Invalidity of any provisions in these Terms does not affect any other provisions. Any delay or failure by us to enforce any rights under these Terms does not constitute waiver.

(d) We may from time to time make changes to these Terms, and it is your responsibility to ensure that you check these Terms each time you visit our website. Your continued use of this website means that you have accepted any changes we have made.

 

Contact us

Please feel free to contact us if you have any questions about these Terms.

Last updated: June 2020

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