Privacy Policy

These terms of service ("Terms", "Agreement") are an agreement between the website ("Website operator", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of this website and any of its products or services (collectively, "Website" or "Services").

Terms and Conditions:

1. QUOTATION AND FORWARD ORDERS

1.1 No quotation given by the Company shall constitute or be deemed to constitute a binding offer and a valid contract shall only exist after the Company’s written acceptance of an order (whether by issue of the Company’s standard invoice/statement or otherwise). Such contract shall be subject to the conditions set out below.

1.2 Where goods have to be ordered from overseas the Company shall not be liable to the Purchaser for such an order unless and until the Manufacturer communicates its acceptance of such an order to the Company.

1.3 A quotation is valid for thirty (30) days only and the Company reserves the right to amend it if an error or omission has occurred.

2. DESCRIPTION OF GOODS

2.1 Weights and/or dimensions included in any catalogues, advertisements, illustrated matter and price lists are approximates only and details thereof shall not be binding unless and to the extent only that such details are specified in the contract.

2.2 Technical documents or drawings submitted to the Purchaser prior to a contract being entered into remain the property of the Company and shall not be copied reproduced or used by manufacturers or transmitted to a third party unless the prior written permission of the Company is obtained.

2.3 One copy of the technical data operator’s handbook and spare parts list where applicable and subject to availability will be supplied by the Company to the Purchaser without charge at the time of delivery (or if unavailable, when available). Further copies shall be at the cost of the Purchaser.

4. SELLING PRICE

4.1 The selling price dated on the Company’s invoice to the Purchaser is based upon the Manufacturer’s then current selling price to the Company, the then current freight rates, customs duty, landing clearing and storage charges, insurance and foreign exchange rates. Should there be any variation in any of these rates or charges or if there is any variation as a result of, or changes in, the laws or regulations for the time being in force (whether State or Commonwealth) at or before the goods are delivered to or collected by the Purchaser (as the case maybe) then, in such event, the Company reserves the right to vary the selling price, including the profit margin of the Company as shall be appropriate in the circumstances and the Purchaser agrees to pay any such varied selling price in lieu of the original selling price.

8. RISK AND TITLE

8.1 No general property or equitable interest in goods supplied by the Company to the Purchaser shall pass to the Purchaser until such time (hereinafter called “the specified time”) as the price of the goods and all other moneys (if any) due from the Purchaser to the Company in respect of the goods or under any contract between the Company and the Purchaser shall have been paid to the Company in full.

8.2 Until the specified time the Purchaser shall be only a bailee of the goods for the Company and the Purchaser shall;

(a) so hold the goods until the specified time as to enable them always readily to be identified as the property of the Company

(b) upon written demand re-deliver the goods to the Company or allow the Company by its servants or agents to enter upon any premises where the goods are stored to recover the same.

8.3 The Purchaser is authorised before the specified time as agent for the Company to sell the goods for the account of the Company.

8.4 The goods shall be at the Purchaser’s risk from the time of despatch from the Company’s premises.

8.5 Where the seller holds any security interest in the goods, the Purchaser agrees to implement, maintain and comply in all material respects with procedures for the perfection of those security interests as provided by Personal Property Security Act 2009 (Cth).

8.6 The Purchaser must take all steps under Personal Property Security Act 2009 (Cth) to continuously perfect any such security interest, including all the steps necessary for the seller to obtain the highest ranking priority possible in respect of those security interests and to reduce as far as possible the risk of a third party acquiring and interest free of sellers security interests.

9. PAYMENT

9.1 For machines ex Australian stock – payment 14 days from date of despatch ex company warehouse. For pumps and goods excluding machines ex Australian stock – payment on or before the 30th day of the month following the month in which the goods are despatched by the Company to the Purchaser (unless otherwise specified in the Company’s statement/invoice).

9.2 For goods to be imported against order – 50% deposit with order, balance by irrevocable letter of credit to be established at the time of order through our nominated bank account payable on demand against presentation of documents unless otherwise arranged.

9.3 There shall be no delay of payment after delivery of the goods ordered except in accordance with the quoted terms.

9.4 All payments made via our website are in Australian Dollars.

10. CANCELLATION

Request for cancellation of an order must be in writing. Any such cancellation shall be of no force or effect and shall not be binding on the Company unless and until such cancellation is accepted by the Company in writing. Cancellation of any order shall be at the sole and absolute discretion of the Company.

No request for cancellation by the Purchaser will be accepted by the Company where goods have been ordered from the Manufacturer by the Company against a firm order from the Purchaser.

11. SERVICE UNDER WARRANTY

11.1 The performance figures quoted by the Manufacturer and/or the Company do not and shall not be deemed to constitute a warranty by the Company and it is not warranted that such exact performance figures will be achieved.

11.2 Inspection of a machine and its performance may be carried out by arrangement, at the Purchaser’s expense.

11.3 The Manufacturer’s normal working tolerances shall be considered correct for the machines unless otherwise specifically agreed between the Purchaser and the Company, in writing.

11.4 The Company shall by mutual arrangements with the Purchaser provide technical data assistance during run-off or commissioning of the machines or pumps but this does not include routine loading during extended test periods. Any commissioning period, if applicable, shall be for the duration of one (1) working day unless otherwise agreed to in writing.

11.5 Service given free of charge during the Manufacturer’s warranty period does not include work properly described as maintenance and repair preventative maintenance must be provided by the Purchaser as recommended by the Manufacturer in order to preserve and fulfil the terms of warranty.

11.6 Extended commissioning shall be subject to the Company’s then current rate of charges.

11.7 Where new components are purchased locally or supplied by the Company in order to expedite warranty service the faulty components must be retained by or returned to the Company freight prepaid to enable the Company to support its claim on the Manufacturer.

12. RETURN OF GOODS

Except for faulty or defective items supplied by the Company, the Company does not accept returns.

Returns will not be accepted for change of mind purchases, goods that are no longer required, customer cancellations etc.

Should a purchaser wish to return goods, written approval must be sought and provided prior to any goods being returned. Any return is approved solely at the discretion of the Company and in addition to the below requirements:

(i) The purchaser must notify the Company within 3 days of the receipt of the goods of its desire to return the goods, clearly outlining the reason for the request.

(ii) The goods are to be returned to the Company’s head office warehouse at the purchaser’s expense.

(iii) The purchaser accepts all risk / responsibility for the return of the goods to the Company, and the for the condition in which the goods will be returned.

(iv) The goods must be returned as new. In an unused condition, in the original undamaged packaging. Any goods returned in a used, unsaleable condition will be rejected, and returned to the purchaser at their cost. Any repackaging required will incur an additional $25 repacking fee to cover labour, packaging materials etc.

(v) All returned goods are subject to a restocking fee of the greater of $45 or 20% of the invoice value of the goods.

(vi) Returns or cancellations of Special Order Only / Non-Stocked Items will not be accepted. All purchases of these items are final and nonreturnable.

13. DEFINITIONS

In this agreement unless the context requires otherwise the following expressions shall have the following meanings respectively;

(i) “Distributor” means the authorised distributor of the Company

(ii) “Purchaser” means and includes the Distributor (where the context so admits) and the original retail purchaser of the goods (and whether purchased from the Distributor or from the Company direct).

(iii) “Goods” means any goods purchased from the Company.

(iv) “Contract” means all those documents comprising the agreed terms of sale of goods by the Company to the Purchaser including but not limited to purchase order, invoices, the Company’s General Terms and Conditions of Sale and such other written material of the Manufacturer and/or the Company relating to the goods and which is issued to or brought to the notice of the Purchaser and any writing of the Purchaser issued to the Company or its Distributor and accepted by the Company as constituting a term or condition of the contract.

(v) “Manufacturer” means the manufacturer of goods sold by the Company.

(vi) “The Company” shall mean and include Standard or Specialised Pty Limited and any other related or associated companies.

Although this Website may be linked to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein.

You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site pages or other websites is at your own risk.

3. RETURNS, REFUNDS AND WARRANTIES

3.1 Subject to the provisions of the contract all and any terms conditions and warranties or representations expressed or implied whether statutory or otherwise collateral or antecedent hereto or otherwise with respect to the merchantability quality condition fitness durability suitability of the goods ordered in any respect (except those expressly contained herein or incorporated herein by reference or otherwise expressly agreed o in writing by the Company) are to the extent that the same may be excluded, hereby expressly negated and excluded.

3.2 The Purchaser shall satisfy itself as to the condition quality and suitability of the goods and the fitness of the goods for the purpose(s) for which the goods are being purchased and as to its compliance with the description (if any) of such goods. Any description shall be by way of identification only and the use of such description shall not constitute this contract sale by description.

3.3 The Company shall not, after delivery of the goods to the Purchaser, be responsible or liable (in the absence of any wilful or negligent act or omission on the part of the Company) for any liability claim loss damage or expense of any kind or nature (including but not limited to loss of profits earnings or income direct indirect consequential contingent or resulting liability loss or damage whether to persons property or otherwise) or death or injury caused by or arising out of or relating in any manner or incidental to the goods or the possession or use thereof by the Purchaser or any third party or in relation to the condition storage supply non supply performance or non-performance inadequacy in or any defect or breakdown of any accident to the goods or any item there in or anything or service provided for or contemplated by or incidental to or arising out of the distribution sale promotion display or advertisement of the goods hereunder. The Purchaser shall and does hereby release and discharge the Company from any liability in respect of any action proceeding demand claim loss damage expense death injury aforesaid.

3.4 In circumstances where the Purchaser is a “consumer” as defined for the purposes of Division 1 in Part 3.2 of Schedule 2 to the Competition and Consumer Act 2010 (Cth) (the Australian Consumer Law) (“the Australian Consumer Law”), these conditions of sale shall not be read or applied so as to purport to exclude restrict or modify or have the effect of excluding restricting modifying the application of the consumer guarantees set out in the Australian Consumer Law. All other conditions or warranties which would or might otherwise be implied and are hereby expressly excluded and negatived.

3.5 If the Purchaser is a “consumer” for the purposes of the Australian Consumer Law, then to the extent permitted under the Australian Consumer Law the Company’s liability for a breach of the consumer guarantees set out in the Australian Consumer Law including any consequential loss which the Purchaser or any third party may sustain or incur shall be limited, at the option of the Company, to:

(i) the replacement or repair of the goods concerned or the supply of equivalent goods; or

(ii) the payment of the cost or replacing or repairing the goods or of acquiring equivalent goods, whichever, may be determined in the absolute discretion of the Company to be appropriate in the circumstances. The Purchaser shall within thirty (30) days of the Purchaser first becoming aware of the facts giving rise to a claim under this provision make written claim to the Company setting out the full particulars of such claim and deliver freight prepaid to the Company the subject good(s) so as to enable the Company to examine the same and satisfy itself as to the subject claim.

3.6 The benefits of any warranty herein contained shall not apply in the case of:

(i) defect(s) due to misuse or neglect.

(ii) goods, which have been altered or added to or otherwise modified without the prior written consent of the Company

(iii) goods repaired or serviced by any person other than the Company or its duly authorised representative.

(iv) goods used for purposes other than those for which they were designed as defined and/or specified in the Manufacturer’s and /or the Company’s catalogues, advertisements, operator’s handbooks, and technical data.

3.8 If the goods are deemed to be non-warranty, the purchaser will be advised of a repair cost and has 14 days to respond. If after 14 days no response has been received the goods will be returned to the purchaser at their cost.

Privacy Policy

SOS TOOLS does not sell, share or trade customers personal information collected online with third parties.

What we may collect:

Name, Email, Delivery Address, Telephone Number, Contact Number

And any other information necessary to provide fulfilment of the goods and services we sell to you as part of normal trade.

What we do with the information we gather

The personal information we collect from you will be used in some or all of the following ways:

To deliver the products you have purchased from us

To update you on the delivery of the product and for customer support purposes

To provide you with relevant product information

To customize future shopping for you and improve our store.

When you register as a user on SOS TOOLS website, we will also use your personal information to send you marketing and/or promotional materials from time to time. You can unsubscribe from marketing information at anytime by using the unsubscribe function within the electronic marketing material.

You can update your personal information anytime by accessing your account on SOS TOOLS website.

SOS TOOLS ensures that all information collected will be safely and securely stored. 

We protect your personal information by:

Restricting access to personal information

Maintaining technology products to prevent unauthorised computer access

Securely destroying your personal information when it's no longer needed for our record retention purposes 

We never collect any financial information for the processing of payments directly, all payments are processed using professional payment gateways such as Stripe, PayPal, or others. 

SOS TOOLS is committed to complying with the Privacy Act and the National Privacy principles.

If you believe that your privacy has been breached by SOS TOOLS please contact us at sales@sos.tools and we will resolve the issue.

When you visit SOS TOOLS, our company servers will automatically record information that your browser sends whenever you visit a website. This data may include:

Your computer's IP address

Browser type

Webpage you were visiting before you came to our site

The pages within SOS TOOLS you visit

The time spent on those pages, items and information searched for on our site, access times and dates, and other statistics. This information is collected for analysis and evaluation in order to help us improve our site and the services and products we provide. This data will not be used in association with any other personal information.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

Contact us at admin@sostools.com.au 

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee may be payable. If you would like a copy of the information held on you please write to admin@sostools.com.au

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