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TERMS & CONDITIONS AND POLICIES

Everything you need to know about our commitment.

General Terms Trade Terms Privacy Policy

The use of this Website is subject to these Terms and Conditions (inclusive of Our standard Terms and Conditions for the supply of Goods and Services, Privacy Policy Manual, Refund Policy any other documents referred to herein) which constitutes the full agreement between You and Us.

Please read these Terms and Conditions carefully before You use the Website.

By using the Website, You indicate that they have, effective upon the date on which You have used the Website, read, accepted and agreed to be bound by these Terms and Conditions.

If You do not agree with these Terms and Conditions, You should cease using the Website immediately.

Definitions

“Agreement” means the terms and conditions contained herein, together with any quotation, order, invoice or other document or amendments expressed to be supplemental to this Agreement.

“We”, “Us”, “Our or “Ourselves”” means Noordeman Diesel Pty Ltd, its successors and assigns or any person acting on behalf of and with the authority of Noordeman Diesel Pty Ltd.

“You”, “Your” or “Yourself”” means any person/s (end user) being of the legal age of eighteen (18) years.

“Incidental item(s)” means goods and/or services that may be purchased or sold through this Website to be supplied and/or provided by the Seller to You, as specified on Our Website.

“Website” means a location which is accessible on the Internet through the World Wide Web and which provides multimedia content via a graphical User Interface.

“Prohibited Content” means any content on any advertising media that:

  • is, or could reasonably be considered to be, in breach of the Broadcasting Services Act 1992; the Fair Trading Acts of the applicable States and Territories of Australia and the Competition and Consumer Act 2010 (CCA); or any other applicable law or applicable industry code; or
    contains, or could reasonably be considered to contain, any misrepresentations; or is, or could reasonably be considered to be, misleading or deceptive, likely to mislead or deceive or otherwise unlawful;
  • or is, or could reasonably be considered to be, in breach of any person’s Intellectual Property Rights (including, but not limited to, the distribution of digital files or any other material in which We do not own the copyright).

“Personal Information” means any information that identifies or can be used to identify You, directly or indirectly. Examples of Personal Information include, but are not limited to, first and last name, date of birth, email address, gender, occupation, or other demographic information.

“Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Agreement, a party’s Intellectual Property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, Seller information and pricing details.

Acceptance

We reserve the right to change any of the Terms and Conditions displayed on this Website (including our Privacy Policy Manual) at any time by notifying You through this Website that We have done so. By continuing to use this Website it shall be deemed that You agree to be bound by the amended terms and conditions as notified and posted on the Website.

If You intend to transact through this Website (i.e purchase goods and/or services) then You warrant that You are at least 18 years of age, that You have the power to enter into this Agreement and You acknowledge that this Agreement creates binding and valid legal obligations upon You.

Compliance with Laws

You represent and warrant that Your use of this Website will comply with all applicable laws and regulations (including but not limited to, EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) (collectively, “EU Data Privacy Laws”) and the Australian Privacy Policy Act 1988 (including the Privacy Amendment (Notifiable Data Breaches) Act 2017) or any other applicable laws.

Privacy Policy Manual

We are committed to protecting Your Privacy in accordance with Australian Privacy Principles. We also recognise that when You choose to provide Us information about Yourself that You trust Us to act responsibly and in Your best interests therefore We have the following policies in place to protect Your personal information.

Storing Your Information

We will take all reasonable steps to ensure that Your information held by Us is accurate up-to date, complete, applicable, is not misleading and will only be used for the purposes stated in this document and/or Our Privacy Policy Manual. We will maintain security safeguards to protect Your information and will take all reasonable steps to ensure that Your information is not disclosed to any unauthorised person or entity.

Securing Your Information

When making a transaction through this Website Your information will pass through a
secure server using SSL (secure sockets layer) encryption technology. The encryption process ensures that Your information can not be read by or altered by outside influences.

Information We Collect

When You request Goods or Services We may collect Personal Information supplied by You when You complete an online form in order to facilitate the purchase of Goods and/or Services. Such information will enable Us to process Your transactions efficiently, analyse our Website services and enable Us to provide a higher level of customer service (which may include informative or promotional activities).

We may also collect the following information/tracking data for statistical purposes and to help Us understand how to make Our Website more available and user friendly for You and to measure the success of any advertising activities We may under take:

Your IP address.
The date and time of Your visits to Our Website.
Your clicks and activity on this Website.
The referring Website if any through which You clicked through to this Website.
Technical information on Your browser, device and operating systems.

Information We Release

We will only release information about You as authorised by Yourself, required by law or where required in order for Us to provide Goods or Services to Yourself e.g to third party suppliers, or delivery companies. Where supplied to such third parties the information provided will only be sufficient for the third party to perform their services and may not be used by them for any other purpose.

We will not release Your information for any purpose which You could reasonably expect us not to release the information.

Except as detailed above We do not share, give, sell, rent, or lease information to third parties and Your Personal Information will only be disclosed to those employees within Our organisation who have a need to know in order to ensure You are provided with information about Our products and Services or to request Goods and Services through this Website.

Under the Privacy Act legislation You can ask to see any information We may hold about You and You also have the right to have any inaccuracies in the same corrected by Us. We will comply with any such requests to the extent required by the Privacy Act legislation within fourteen (14) days of the receipt of Your request. We may ask you to verify your identity in order to help us respond efficiently to your request.

Other Data Protection Rights

You may have the following data protection rights:

To access, correct, update or request deletion of Personal Information. We will take all reasonable steps to ensure that the data We collect is reliable for its intended use, accurate, complete and up to date.

In addition, individuals who are residents of the European Economic Area “EEA” can object to processing of their Personal Information, ask to restrict processing of their Personal Information or request portability of their Personal Information. You can exercise these rights by contacting Us using the contact details provided in the “Questions and Concerns” section below.

Similarly, if Personal Information is collected or processed on the basis of consent, the data subject can withdraw their consent at any time. Withdrawing Your consent will not affect the lawfulness of any processing We conducted prior to Your withdrawal, nor will it affect processing of Your Personal Information conducted in reliance on lawful processing grounds other than consent.

The right to complain to a data protection authority about the collection and use of Personal Information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA are available at http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.

Questions & Concerns

If You have any questions or comments, or if You have a concern about the way in which We have handled any privacy matter, please use Our contact form via this Website to send Us a message. You may also contact Us by postal mail or email at:

For EEA Residents:

For the purposes of EU data protection legislation, Katie Rogers is the Data Protection Officer (DPO) of Your Personal Information. Our Data Protection Officer can be contacted at accounts@noordeman.com.au

For Non-EEA Residents:

Katie Rogers

Attention: Privacy Officer

accounts@noordeman.com.au

Postal Address:
3a Hantke Place, Welshpool, WA 6106

1. Definitions

“Noordeman” means Noordeman Diesel Pty Ltd, its successors and assigns or any person acting on behalf of and with the authority of Noordeman Diesel Pty Ltd.

“Customer” means the person/s, entities or any person acting on behalf of and with the authority of the Customer requesting Noordeman to provide the Services as specified in any proposal, quotation, order, invoice or other documentation, and: if there is more than one Customer, is a reference to each Customer jointly and severally; and if the Customer is a partnership, it shall bind each partner jointly and severally; and if the Customer is a part of a Trust, shall be bound in their capacity as a trustee; and includes the Customer’s executors, administrators, successors and permitted assigns.

“Goods” means all Goods or Services supplied by Noordeman to the Customer at the Customer’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).

“Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this contract, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, client information (including but not limited to, “Personal Information” such as: name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) and pricing details.

“Cookies” means small files which are stored on a user’s computer. They are designed to hold a modest amount of data (including Personal Information) specific to a particular client and website, and can be accessed either by the web server or the client’s computer. If the Customer does not wish to allow Cookies to operate in the background when ordering from the website, then the Customer shall have the right to enable / disable the Cookies first by selecting the option to enable / disable provided on the website, prior to ordering Goods via the website.

“Price” means the Price payable (plus any GST where applicable) for the Goods as agreed between Noordeman and the Customer in accordance with clause 5

“GST” means Goods and Services Tax (GST) as defined within the “A New Tax System (Goods and Services Tax) Act 1999” (Cth).

2. Acceptance

The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for or accepts delivery of the Goods. In the event of any inconsistency between the terms and conditions of this contract and any other prior document or schedule that the parties have entered into, the terms of this contract shall prevail. Any amendment to the terms and conditions contained in this contract may only be amended in writing by the consent of both parties. The Customer acknowledges that the supply of Goods on credit shall not take effect until the Customer has completed a credit application with Noordeman and it has been approved with a credit limit established for the account. In the event that the supply of Goods request exceeds the Customers credit limit and/or the account exceeds the payment terms, Noordeman reserves the right to refuse Delivery. Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions Act 2003 or any other applicable provisions of that Act or any Regulations referred to in that Act. Goods are supplied by Noordeman only on the terms and conditions of trade herein to the exclusion of anything to the contrary in the terms of the Customer’s order notwithstanding that any such order is placed on terms that purport to override these terms and conditions of trade. These terms and conditions are meant to be read in conjunction with the Terms and Conditions posted on Noordeman’s website. If there are any inconsistencies between the two documents then the terms and conditions contained in this document shall prevail.

3. Errors and Omissions

The Customer acknowledges and accepts that Noordeman shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s): resulting from an inadvertent mistake made by Noordeman in the formation and/or administration of this contract; and/or contained in/omitted from any literature (hard copy and/or electronic) supplied by Noordeman in respect of the Services. In the event such an error and/or omission occurs in accordance with clause 1, and is not attributable to the negligence and/or wilful misconduct of Noordeman; the Customer shall not be entitled to treat this contract as repudiated nor render it invalid.

4. Change in Control

The Customer shall give Noordeman not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s name, address, contact phone or fax number/s, change of trustees or business practice). The Customer shall be liable for any loss incurred by Noordeman as a result of the Customer’s failure to comply with this clause.

5. Price and Payment

At Noordeman’s sole discretion, the Price shall be either: as indicated on any invoice provided by Noordeman to the Customer; or Noordeman’s quoted price (subject to clause 2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.

Noordeman reserves the right to change the Price if a variation to Noordeman’s quotation is requested. Variations will be charged for on the basis of Noordeman’s quotation, and will be detailed in writing, and shown as variations on Noordeman’s invoice. The Customer shall be required to respond to any variation submitted by Noordeman within ten (10) working days. Failure to do so will entitle Noordeman to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.

At Noordeman’s sole discretion, a non-refundable deposit may be required.

Time for payment for the Goods being of the essence, the Price will be payable by the Customer on the date/s determined by Noordeman, which may be:

  • on delivery of the Goods;
  • for approved Customers, due thirty (30) days following the end of the month in which a statement is posted to the Customer’s address or address for notices;
  • the date specified on any invoice or other form as being the date for payment;
  • or failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Customer by Noordeman.

Payment may be made by cash, cheque, bank cheque, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Customer and Noordeman.

The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by Noordeman nor to withhold payment of any invoice because part of that invoice is in dispute.

Unless otherwise stated the Price does not include GST. In addition to the Price the Customer must pay to Noordeman an amount equal to any GST Noordeman must pay for any supply by Noordeman under this or any other contract for the sale of the Goods. The Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Price. In addition, the Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

On-Line Ordering

The Customer acknowledges and agrees that:

  • Noordeman does not guarantee the website’s performance;
  • display on the website does not guarantee the availability of any particular Goods; therefore, all orders placed through the website shall be subject to confirmation of acceptance by Noordeman on-line ordering may be unavailable from time to time for regularly scheduled maintenance and/or upgrades;
  • there are inherent hazards in electronic distribution, and as such Noordeman cannot warrant against delays or errors in transmitting data between the Customer and Noordeman including orders, and you agree that to the maximum extent permitted by law, Noordeman will not be liable for any losses which the Customer suffers as a result of online-ordering not being available or for delays or errors in transmitting orders;
  • when making a transaction through the website, the Customer’s information will pass through a secure server using SSL (secure sockets layer) encryption technology. The encryption process ensures that the Customer’s information cannot be read by or altered by outside influences;
  • if the Customer is not the cardholder for any credit card being used to pay for the Goods, Noordeman shall be entitled to reasonably assume that the Customer has received permission from the cardholder for use of the credit card for the transaction.
  • Noordeman reserves the right to terminate the Customer’s order if it learns that you have provided false or misleading information, interfered with other users or the administration of Noordeman’s business, or violated these terms and conditions.

Delivery of Goods

Delivery (“Delivery”) of the Goods is taken to occur at the time that:

  • the Customer or the Customer’s nominated carrier takes possession of the Goods at Noordeman’s address;
  • or Noordeman (or Noordeman’s nominated carrier) delivers the Goods to the Customer’s nominated address even if the Customer is not present at the address.

At Noordeman’s sole discretion, the cost of delivery is either included in the Price or is in addition to the Price.

Noordeman may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.

Any time specified by Noordeman for delivery of the Goods is an estimate only. The Customer must take delivery by receipt or collection of the Goods whenever they are tendered for delivery. Noordeman will not be liable for any loss or damage incurred by the Customer as a result of delivery being late. In the event that the Customer is unable to take delivery of the Goods as arranged then Noordeman shall be entitled to charge a reasonable fee for redelivery and/or storage.

Risk

Risk of damage to or loss of the Goods passes to the Customer on Delivery and the Customer must insure the Goods on or before Delivery.

If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, Noordeman is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by Noordeman is sufficient evidence of Noordeman’s rights to receive the insurance proceeds without the need for any person dealing with Noordeman to make further enquiries.

If the Customer requests Noordeman to leave Goods outside Noordeman’s premises for collection or to deliver the Goods to an unattended location, then such Goods shall be left at the Customer’s sole risk.

Specifications

The Customer acknowledges that:

  • all descriptive specifications, illustrations, drawings, data, dimensions, ratings and weights stated in Noordeman’s or the manufacturer’s fact sheets, price lists or advertising material, are approximate only and are given by way of identification only. The Customer shall not be entitled to rely on such information, and any use of such does not constitute a sale by description, and does not form part of the contract, unless expressly stated as such in writing by Noordeman;
  • while Noordeman may have provided information or figures to the Customer regarding the performance of the Goods, the Customer acknowledges that Noordeman has given these in good faith, and are estimates based on industry prescribed estimates.

The Customer shall be responsible for ensuring that the Goods ordered are suitable for their intended use.

Title

Noordeman and the Customer agree that ownership of the Goods shall not pass until:

  • the Customer has paid Noordeman all amounts owing to Noordeman;
  • and the Customer has met all of its other obligations to Noordeman.
  • Receipt by Noordeman of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
  • It is further agreed that, until ownership of the Goods passes to the Customer in accordance with clause 1:
  • the Customer is only a bailee of the Goods and must return the Goods to Noordeman on request.
  • the Customer holds the benefit of the Customer’s insurance of the Goods on trust for Noordeman and must pay to Noordeman the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.
  • the Customer must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Customer sells, disposes or parts with possession of the Goods then the Customer must hold the proceeds of any such act on trust for Noordeman and must pay or deliver the proceeds to Noordeman on demand.
  • the Customer should not convert or process the Goods or intermix them with other goods but if the Customer does so then the Customer holds the resulting product on trust for the benefit of Noordeman and must sell, dispose of or return the resulting product to Noordeman as it so directs.
  • the Customer irrevocably authorises Noordeman to enter any premises where Noordeman believes the Goods are kept and recover possession of the Goods.

Noordeman may recover possession of any Goods in transit whether or not delivery has occurred.
the Customer shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of Noordeman.

Noordeman may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Customer.

There are two primary reasons we require such information.

To supply services to our members,
To enable us to communicate with members

Under no circumstances will we sell members’ information. The only time information is disclosed to a third party is when it is related to the provision and/or improvement of services or if we are required to do so by Australian law. In both cases these entities meet with strict guidelines to preserve members’ privacy.

For our members’ convenience, cookies are used in this site. These pieces of information are applied to our site to enhance its functionality to save you having to input the same information time and time again.

Our site does not use cookies to store personal information about you or to track your internet usage. This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

The data recorded is strictly of a non-personal nature and is used to assist us in improving content and services offered. Information recorded relates to website traffic and usage statistics.

Email addresses recorded by us for specific requested services and subscriptions are not disclosed to third parties and remain secured by us. Members are able to opt out of receiving such material at any time by unsubscribing through the specified channels.