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Terms & Conditions

 
 

Live Industrial, based on the Mornington Peninsula in the South East of Melbourne in Victoria, is a wholly Australian owned and operated packaging sales and service company. Welcome to our website. We hope you enjoy your tour of our site, and come back to visit us often. Please take a moment to read the Terms & Conditions set out below. By purchasing any packaging equipment and machinery, or packaging consumables from Live Industrial Pty Ltd, or using the technical services of Live Industrial Pty Ltd, you are agreeing that you have read, understood and agree to abide by the following Terms & Conditions. (A copy of the Live Industrial Standard Terms and Conditions is available upon request).

Ordering
Orders for our range of packaging equipment and machinery, and packaging consumables may be submitted in 3 ways:
1. Phone: Call our friendly administration team on (03) 9770 1728 to place your order.
2. Email: Send us an email at info@liveindustrial.com.au. We will confirm your order via email or phone.
3. Fax: Fax your order to (03) 9770 1851. We will confirm your order via fax or phone.

Sale of Goods
All goods remain the property of Live Industrial Pty Ltd until paid in full by the customer. Prior to title to such goods passing to the customer, the customer agrees to hold any goods supplied to it by Live Industrial Pty Ltd as a bailee. Depending on availability, an item may be substituted for an item of similar or greater value at any time without notice. Deliveries are only made within Australia.

GST
All quoted prices are exclusive of the Goods and Services Tax (GST). GST will be applied to all invoices at the current rate of 10%.

Price Variations
If during the course of the contract the customer makes a request for additional equipment, modifications to packaging equipment or additional services, then the variations will be quoted by Live Industrial Pty Ltd. The request, variation and approval must be in writing. The variation will not proceed until approval is received from the customer.

Any equipment, utilities or services not included within the scope of quotations are the responsibility of the customer.

All prices are quoted in Australian dollars, based on the exchange rate at the time of quotation. Any fluctuation in exchange rate which may affect the price will be advised in writing.

Payment Terms & Methods
Payment terms for all new accounts is COD. Once an Account Application (please click here to obtain a copy) has been completed, returned to Live Industrial Pty Ltd and approved, payment terms are as follows:
* all service work, consumables and strapping tools - strictly 30 days nett from date of invoice
* all other invoices - 30% deposit with order, 60% upon completion of manufacture prior to shipping, 10% upon completion (within 7 days), unless otherwise stated during the quotation process

These payment terms may be revised by Live Industrial Pty Ltd at any time at its discretion. Live Industrial Pty Ltd reserves the right to withdraw credit upon breach of any of these terms and conditions, by which all outstanding invoice amounts on the account become due and payable immediately. If the customer breaches these terms and conditions, Live Industrial Pty Ltd may refuse to supply the customer, and Live Industrial Pty Ltd shall not be liable to the customer for any loss or damage the customer may sustain as a result of such refusal.

Our preferred method of payment is via EFT. EFT payments can be made to the following bank account:
Bank:  Westpac
Branch:  Frankston, VIC
Account Name:  Live Industrial Pty Ltd
BSB:  033-272
Account No.:  315920

Payments can also be made via cheque
(orders for payments made by cheque will not be processed until funds have cleared). Cheques should be made out to Live Industrial Pty Ltd, and posted to the following address:
Live Industrial Pty Ltd
Attn: Accounts Receivable
PO Box 5137
Frankston South VIC 3199

Validity
All quotations are valid for a period of 30 days from the date of quotation unless stated otherwise.

GST
All quoted prices are exclusive of the Goods and Services Tax (GST). GST will be applied to all invoices at the current rate of 10%.

Price Variations
If during the course of the contract the customer makes a request for additional equipment, modifications to equipment or additional services, then the variations will be quoted by Live Industrial Pty Ltd. The request, variation and approval must be in writing. The variation will not proceed until approval is received from the customer.

Any equipment, utilities or services not included within the scope of quotations are the responsibility of the customer.

All prices are quoted in Australian dollars, based on the exchange rate at the time of quotation. Any fluctuation in exchange rate which may affect the price will be advised in writing.

Duty
The equipment will be imported into Australia from its country of origin at its current duty rate (unless otherwise stated), dependant on the type of equipment and country of origin. Any change in duty rate applied will be additional to the contract price.

Equipment Selection
Equipment selection is made by Live Industrial Pty Ltd based on information supplied by the customer. If the customer makes their own selection without due reference to Live Industrial Pty Ltd, withholds or provides incorrect information, Live Industrial Pty Ltd will accept no liability for any subsequent costs or damage incurred by the customer should the selection be incorrect or should the equipment not perform to the customer’s expectation.

Delivery
Standard lead-time for all imported equipment (excluding ex-stock) is 12–18 weeks from receipt of order and down payment to shipment unless otherwise stated. Standard shipment time is 6–8 weeks. Any change in these lead times will be advised upon receipt of order. Live Industrial Pty Ltd will not accept liability for any costs or damages incurred by the customer if, for any reason whatsoever, these estimated times are exceeded.

Approval layout drawing must be returned within 24 hours of receipt, where required, and down payment must be received with placement of the order (and prior to return of the signed approval drawing, where required) to avoid production delays.

Pricing includes cost of freight from country of origin to Australia, special handling and packaging costs, and cost of freight within Australia to the customer.

Installation and Start-Up
Pricing includes (where applicable, and unless otherwise stated) installation, start-up, fine-tuning and operator and maintenance training by the seller of the equipment supplied within the scope of quotations.

The following site requirements are applicable (where required), but not limited to, and are not included within the scope of Live Industrial Pty Ltd quotations (unless otherwise stated):
- main electrical power connections (as per quotation)
- compressed air (as per quotation)
- level solid floor suitable for the location and fixing of the equipment
- all building/construction/civil works required
- removal of all existing equipment where equipment supplied within the scope of quotations is to be installed
- suitable lifting capacities to unload, position and erect the equipment on site
- safe and clear access to site, unencumbered by any obstructions
- site access at times required by the seller

Occupational Health and Safety and Environment
Live Industrial Pty Ltd has a documented OHS&E policy and manual, which is available for viewing by customers upon request.

Live Industrial Pty Ltd has made provision for and will comply with the relevant Statutory Authority and Australian Standards to ensure the safe design, construction, installation, guarding and operation of equipment supplied within the scope of quotations. The customer accepts all responsibility and liability for all equipment associated with the equipment not included in the scope of quotations, and indemnifies Live Industrial Pty Ltd against any claim of action resulting from equipment outside the scope of quotations.

Suitable guarding, as far as is practical, will be supplied to prevent accidental contact according to the requirements of the relevant Statutory Authority and Australian Standards, where applicable. Additional guarding, interlocked switches and area barriers are not included in the scope of quotations, unless otherwise specified, and are the responsibility of the customer.

Warranty
A twelve (12) month manufacturer’s warranty from date of delivery applies to all equipment supplied within the scope of Live Industrial Pty Ltd quotations. The warranty is against faulty workmanship and defective components only. During the warranty period, Live Industrial Pty Ltd will, at its option, either repair or replace any failed component.

The warranty is further defined as (unless otherwise stated):
* based on normal operation ie. 8-9 hour shift per day (eg. the warranty will be reduced to six (6) months if used for two (2) full shifts per day)
* excludes electrical components and normal wear and tear
* assumes that normal service is performed by the customer
* excludes defects resulting from physical damage, corrosion, misuse, abuse, neglect, negligence, machine alterations or accidents
* excludes labour costs incurred in the diagnosis, replacement or repair of warranty parts or components
* excludes any costs associated with failure to install, operate and maintain the equipment in accordance with the manufacturer’s operation manual

Limitation of Liability
The liability of Live Industrial Pty Ltd, with respect to equipment supplied, shall not exceed the replacement value of such equipment as covered by the warranty items. Live Industrial Pty Ltd will accept no liability for any consequential cost or losses incurred by the customer, including production downtime and production losses.

Cancellation Fees
Once entered into, should the customer cancel the contract, Live Industrial Pty Ltd shall be entitled to recover from the customer the full cost of engineering, labour and non-recoverable materials already allocated.

Practical Completion
Practical completion will be the date the system is first used in product trials during final commissioning, as advised by the seller. The customer will be advised when practical completion is accomplished (subject to minor defects and omissions).

Complaints, Returns & Refunds
In the event the customer receives a defective or damaged product, please contact Live Industrial Pty Ltd in writing within 7 days of delivery. The customer may be requested to return the product to Live Industrial at our cost (Live Industrial Pty Ltd does not accept any returns without prior approval). Once the product has been deemed to be defective or damaged, Live Industrial Pty Ltd will, at its choice, repair or replace the faulty component. If the product is found not to be defective or damaged, or to have been damaged after delivery, the customer will incur the component or product repair or replacement costs, and delivery costs.

Live Industrial Pty Ltd will not accept liability for any loss of damage arising from items lost, stolen or damaged after delivery has taken place, including loss or damage resulting from delivery to unattended addresses where the customer has opted to have the goods left outside their premises if no one is in attendance. If no written complaint is received by Live Industrial Pty Ltd within 7 days, the customer agrees that it shall not raise any complaint and shall be deemed to have accepted the goods delivered.

Privacy
Live Industrial Pty Ltd is committed to protecting the privacy of its customers. Any personal information submitted to Live Industrial Pty Ltd will be used solely for the purpose of processing orders, maintaining account information and for customer service purposes. In disclosing personal information to Live Industrial Pty Ltd, the customer agrees that all information provided is true and correct, and that Live Industrial Pty Ltd will not be liable for any losses, damages or costs we may incur if this information is incorrect. Any personal information will not be disclosed to any third party unless Live Industrial Pty Ltd are required to do so by law. Customers are able to obtain access to personal information held by Live Industrial Pty Ltd by contacting us in writing.


Disclaimer
The information contained in this website is, to the best of our knowledge, accurate and current. However, Live Industrial Pty Ltd, or any of its directors, do not make any representation or warranty as to the accuracy of completeness of the information. Live Industrial Pty Ltd will not be held liable for any damages, including but not limited to product liability, personal injury or negligence resulting from use of goods or services supplied. Any comments or suggestions submitted to us via this website, or any other means, remain the property of Live Industrial.

Copyright
All photographs, illustrations, logos and written material contained in this website remain the property of Live Industrial Pty Ltd, and may not be copied or reproduced without our written permission. All photographs, illustrations, logos and written material contained in this website that are the property of Live Industrial Pty Ltd affiliates and business partners have been used with the express permission of those affiliates and business partners.

E & OE

     

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copyright © 2009 by Live Industrial Pty Ltd PO Box 5137 Frankston South Victoria Australia 3199
Phone: +61 3 9770 1728   Fax: +61 3 9770 1851  Email: info@liveindustrial.com.au