Terms & Conditions

This Complete Resources Shopping site at completeresources.com.au, (the “Site”) is a shopping website where you can browse, select and order products from Complete Resources Pty Limited (ABN 17166883807) (“Complete Resources”, “us” or “we”).

Your access to and use of the Site, including your order of Products through the Site, is governed by these terms and conditions.

The BUYER acknowledges that the following conditions apply to the supply of goods:

GENERAL TERMS & CONDITIONS:

Any order placed by a BUYER is deemed to be an order incorporating these Terms and Conditions not withstanding any inconsistencies which may be introduced in the BUYERS order or acceptance unless expressly agreed to by the SELLER in writing.

The BUYER must only use the goods for the purpose for which they are intended and comply with all legal requirements of use and all directions of use given by the SELLER.

The BUYER must only allow competent trained staff to use the goods and the BUYER indemnifies the SELLER against any claim arising from use of the subject goods.

The SELLER will not be liable and will be indemnified by the BUYER for any damage, claim or loss to property or person including any consequential loss whatsoever arising from the sale of the goods to the BUYER.

SECTION 1 – ACCOUNT TERMS

1.1 Terms are strictly 14-30 days from end of the applicable month of sale;
Failure to comply with our terms may result in credit facilities being removed and the account transferred to a COD Account. Accounts on hold on the 31st day (if payment is not received by then) following the applicable month of sale, e.g. Goods purchased in September will be on hold as at the 1st November until payment is received.

1.2 Any account still outstanding at the 45th day may have its credit facilities removed and the account closed.

1.3 If payment is not received within the prescribed period, Complete Resources retains the right to charge interest at its bank’s current overdraft rates per calendar month or part thereof, plus admin fee of $20 per outstanding invoice .

1.4 If the BUYER has been trading with Complete Resources for more than 3 months and spends a minimum of $500 each month, the BUYER may apply for the establishment of credit terms by agreeing to supply the SELLER with 3 current trade references.

SECTION 2 – RESERVATION OF TITLE IN THE SELLER

2.1 Title to the goods shall not pass to the BUYER until payment in full is received by the SELLER from the BUYER and the BUYER shall:

2.1.1 Store goods, which have not been paid for separately.

2.1.2 Keep separate records in relation to the proceeds of the sale of goods that have not been paid for, bank the proceeds of any such sale into a separate account and immediately remit such funds to the credit of the SELLER, and

2.1.3 If any goods are used in a manufacturing process or mixed with other materials the BUYER shall record the value of goods so used in relation to each unit of finished product and upon sale of any unit finished product immediately remit that amount from the proceeds of sale to the SELLER.

2.2 If the BUYER does not pay for any goods supplied as per the terms of the first clause (Clause 1) above, the SELLER is hereby irrevocably authorised by the BUYER to enter the BUYER’S premises (or any premises under the control of the BUYER or an agent of the BUYER if the goods are stored at such premises) and use reasonable force to take possession of the goods without liability or the tort of trespass negligence or payment of any compensation to the BUYER or agent whatsoever.

2.3 The SELLER shall not be deemed to have waived or lost any of its rights pursuant to Clause 1 by reason of giving any credit or extension of time to the BUYER in which to make payment for goods supplied.

2.4 Notwithstanding any of the foregoing the goods are at the risk of the BUYER from the moment of delivery

2.5 For the purpose of the Clause the BUYER is deemed to be in a fiduciary relationship with the SELLER

2.6 CONDITION: In the event that the SELLER institutes legal proceedings for the recovery of any monies due by the BUYER to the SELLER, the BUYER agrees and acknowledges that in all such proceedings the Magistrates Court and the District Court in Perth, Western Australia shall be deemed to have jurisdiction to hear and determine that said court proceedings and this condition shall be deemed to be a condition of every contract entered into between the SELLER and the BUYER hence forth.

SECTION 3 – DELIVERIES

3.1 All deliveries will be subject to delivery charges unless otherwise stated in writing. Without being liable to pay indemnity the SELLER reserves the right to cancel the contract or agreement to supply entirely or in part or to extend the delivery time when and if required.

3.2 Goods shall be at the BUYERS’ risk from the date of delivery. The SELLER will not be liable for any non-delivery attributable to delays caused through transport, customs quarantine, lockouts, strikes, wars, cargo loss or delivery delays of any nature.

3.3 BACK ORDERS. If we determine that we do not have a particular Product in your order in stock, then we will use reasonable endeavours for 30 days to order the relevant Product (“Back Ordered Products”). In this instance, we will notify you of the relevant Back Ordered Products and the anticipated delivery date.

SECTION 4 – PRICING

4.1 As we import many of our products, prices depend greatly on the foreign exchange rates over which we have no control and therefore may be altered without notice. The SELLER reserves the right to vary the price quoted after that price has been accepted by the BUYER. The BUYER will have thirty (30) days from the date of the new quotation to notify the SELLER as to whether they accept or reject the new offer. If the SELLER receives no notification within the thirty (30) days it shall be deemed that the offer was rejected and the supply will not proceed.

SECTION 5 – RETURNS

5.1 Subject to these conditions, where the BUYER having reasonable grounds to reject goods supplied to it by the SELLER returns those goods to the SELLER in good condition within seven (7) days of receiving delivery of those goods from the SELLER but not later, the BUYER shall return goods on a prepaid freight basis. All goods that are returned and accepted by the Seller for credit will be subject to a twenty per cent (20%) restocking fee.

5.2 Where goods have been specially ordered by the SELLER at the BUYERS request the BUYER will not upon any ground be entitled to reject delivery of those goods but if he rejects those goods upon delivery or thereafter the SELLER will nevertheless be entitled to recover the price from the BUYER. Where the BUYER returns goods supplied to it by the SELLER at a date after seven (7) days of receiving delivery of those goods from the SELLER or without having reasonable grounds to reject those goods the BUYER will be liable to pay to the SELLER an amount equivalent of 20% of the SELLER’S price of those goods plus arrange prepaid freight of return goods.

CANCELLING AN ORDER

5.3 We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:

the Products in that order are not available; or

there is an error in the price or the product description posted on the Site for the Product in that order; or

that we reasonably believe your order has been placed in breach of these terms and conditions.

5.4 If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order.

5.5 You may cancel an order (whether it is accepted by us or not) by contacting Customer Service during Contact Hours at any time prior to the dispatch of that order. Once the order has been dispatched for delivery to you, then you may return the relevant Products in accordance with these terms and conditions.

SECTION 6 – QUOTATIONS

6.1 All quotations are valid for thirty (30) days unless otherwise stated.

SECTION 7 – DEPOSIT REQUIREMENTS UPON PLACEMENT OF MACHINE ORDERS:

7.1 Deposits are required upon placement of a BUYERS order on all products that are ordered specifically to meet the BUYERS order requirements or products that require modification or customising to meet the BUYERS requirements. The amount of the deposit required will be at the discretion of the SELLER and will range from Twenty (20) to Fifty (50) per cent of the items agreed sale price.

SECTION 8 - CLAIMS

8.1 Claims for shortages or for damaged goods shall be made in writing immediately upon receipt of goods and no claim will be recognised unless made within seven (5) days of the receipt of the goods to which the damage or shortage is alleged. The SELLER does not accept responsibility for transit damage when the transport company that is used to deliver the goods to the BUYER has been nominated by the BUYER.

8.2 Claims for non-receipt of total orders must be made in writing and within seven (7) days of the invoice date.

SECTION 9 - WARRANTY

9.1 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. Goods marketed by the Company hold the manufacturers warranty unless otherwise stated in writing.
In addition to all rights and remedies to which you may be entitled under the Australian Competition and Consumer Act 2010 (Commonwealth) and any other relevant legislation, the manufacturer warrants this product to be free from defects in materials or workmanship for a period of 12 months from the date of purchase.

9.2 The warranty is limited to replacement or repair of machine parts that are defective in material or workmanship. The warranty shall not apply to any item or machine containing a failed component that has been altered, neglected or used in any way in which in our opinion adversely affects its performance. With respect to machines, regular servicing by Complete Resources Pty Ltd or by an authorised service agent is required.

9.3 Labour costs are not included under this warranty unless otherwise stated in writing

9.4 Freight costs that are incurred in the returning of any goods to the SELLER for warranty evaluation, warranty replacement or repair are the responsibility of the BUYER.

9.5 Warranty Claim

In order to claim under this warranty you will need to return the product, along with proof of purchase (typically this will be a receipt). Any cost incurred by you in bringing the product to the service desk to activate your rights under this manufacturer’s warranty will be borne by you. We will then, at our option, either repair or replace the product, or refund your money and take back the product – in accordance with our Returns Policy, a copy of which is available at our web site www.CompleteResources.com.au.
Our liability under this manufacturer's warranty is subject to us being satisfied that a defect was caused by defective workmanship or materials, and was not caused by or substantially contributed to by other factors, or circumstances beyond our control, including (but not limited to) defective installation, maintenance or repair, alteration or modification of the product in a manner not recommended by the manufacturers or any neglect, misuse or excessive use.
The benefits conferred by this manufacturer's warranty are in addition to and in no way exclude, restrict or modify all rights and remedies conveyed by the Australian Competition and Consumer Act 2010 (Commonwealth) and any other statutory rights to which you may already be entitled or any such rights or remedies that are implied by law.

SECTION 10 - SEVERANCE

10.1 In the event of any part or provision of this document being unenforceable through change of law or otherwise it shall be accepted that this will only apply to the subject part and that the remainder of the terms and conditions of this document are agreed to and are enforceable.

SECTION 11 - PROPERTY

11.1 By acceptance if delivery and retention of the goods it is acknowledged that the property of the goods remains with Complete Resources Pty Ltd and that the legal title thereto will not pass until full and final payment is made but that nevertheless the goods are at the customers risk and liability from the time of delivery.

11.2 In the event that payment is not made within the agreed terms full license and authority is given to Complete Resources Pty Ltd or its representatives to enter any premises where the goods are stored and to recover possession of them. In the event of the BUYERS sale of the goods prior to full payment of the goods to the SELLER that full proceeds of the sale belong to Complete Resources Pty Ltd.

11.3 In the event of a payment outstanding for more than sixty (60) days the BUYER will be liable to meet in full the SELLERS debt recovery, legal costs and/or commissions and internal accounting charges (recovery fees) and such recovery fees will be added to the buyers account and form part of the principal debt.

SECTION 12 – LEGAL INTERPRETATION

12.1 This agreement and terms and conditions and all if any disputes or difficulties arising there from shall be governed by the laws within Western Australia. Such proceedings the Magistrates Court and the District Court in Perth, shall be deemed to have jurisdiction to hear and determine that said court proceedings and this condition shall be deemed to be a condition of every contract entered into between the SELLER and the BUYER hence forth