Website Terms and Conditions
This website (Site) is operated by Davcor Group Pty Ltd and ABN 95 003 562 598 (we, our or us). It is available at www.davcor.com.au and their respective sites and pages and may be available through other addresses or channels.
Consent:
By accessing and/or using our Site, you agree to these terms of use and our Privacy Policy available on our site (Terms). Please read these Terms carefully and immediately cease using our Site if you do not agree to them.
Variations:
We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.
Licence to use our Site:
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.
Prohibited conduct:
You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):
- anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
- using our Site to defame, harass, threaten, menace or offend any person;
- interfering with any user using our Site;
- tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
- using our Site to send unsolicited email messages; or
- facilitating or assisting a third party to do any of the above acts.
Exclusion of competitors
You are prohibited from using our Site, including the Content, in any way that competes with our business.
Information
The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.
Intellectual Property rights
Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:
- copy or use, in whole or in part, any Content;
- reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
- breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.
Registration
You may need to be a registered member to access certain features of our website. When you register and activate your account, you will provide us with personal information such as your name, email address, telephone number, location and preferences. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.
When you register and activate your account, you will create your own user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.
User Content
You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.
You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:
- you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
- neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
Third party and Linked sites
Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.
Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:
- they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
- access will be uninterrupted, error-free or free from viruses; or
- our Site will be secure.
You read, use and act on our Site and the Content at your own risk.
We collect personal information about you in order to provide you with access to our applications and for purposes otherwise set out in our Privacy Policy.
We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services to you.
Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at admin@davcor.com.au.
By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.
Limitation of liability
To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.
Indemnity:
To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
Termination:
These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
Disputes
In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
Severance
If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Jurisdiction
Your use of our Site and these Terms are governed by the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.
For any questions and notices, please contact us at:
Davcor Group Pty Ltd
ABN 95 003 562 598
Email: admin@davcor.com.au
Last update: Jan 2019
Baber Lock & Key NZ – Terms and Conditions of Sale
By using Baber Lock & Key, partner portal “Daveweb”, you are agreeing to these terms and conditions.
Applicability
These Terms and Conditions apply to all contracts for the supply of goods (“goods”) by Baber Lock & Key NZ Ltd (“Seller”) to the person or entity purchasing the goods (“Buyer”). These Terms cannot be modified, rescinded, or waived in whole or in part except by written agreement between both parties.
Acceptance
By placing an order, accepting delivery, or making payment, the Buyer agrees to these Terms and Conditions, notwithstanding anything stated to the contrary in the Buyer’s inquiries or orders.
Prices
Prices are exclusive of Goods & Services Tax unless otherwise stated. Additional charges such as other taxes, import duties, levies or tariffs, freight, or insurance will be applied where applicable. Prices may change without notice. All prices are in NZD.
Payment
Payment of all accounts is due by the 20th day of the month following the invoice date (“payment date”).
Accepted payment methods are direct credit and authorised credit card (Visa, Mastercard). American Express is not accepted.
If paying by credit card, the Buyer authorises the Seller to process the invoiced amount and agrees to pay any merchant service fee as disclosed at the time of transaction. Payment by credit card is deemed received when successfully processed.
All credit card transactions will be processed in accordance with BNZ merchant requirements, including the collection of the card security code (CVV) at the time of payment. Cardholder data will be transmitted securely through an approved payment gateway and will not be stored by the Seller.
If payment is not received by the payment date, default interest may be charged on the overdue amount at a rate equal to 3% per annum above the Seller’s bankers’ commercial overdraft rate for the period during which payment remains overdue. Default interest accrues daily from the payment date until all monies (including default interest) have been paid in full.
All payments received will be applied first to costs of collection (if any), then to accrued interest, and finally to the principal amount outstanding.
No credit will be extended on overdue accounts except by prior written agreement with the Seller.
Individual deliveries or separate instalments may be invoiced separately and must be paid accordingly.
Delivery
Delivery dates are provided in good faith but are not conditions of sale. Late delivery, however caused, does not constitute a breach of contract and the Buyer is not entitled to cancel an order due to late delivery.
Delivery to a carrier is deemed delivery to the Buyer.
Unanticipated Events
The Seller may cancel or suspend delivery where performance is prevented or delayed due directly or indirectly to strikes, lockouts, delays or defaults of manufacturers or suppliers, acts of God, wars, or any other cause (whether similar or dissimilar) beyond the Seller’s reasonable control. The Buyer has no claim against the Seller in consequence of such cancellation or suspension.
Risk
Risk in the goods passes to the Buyer upon delivery.
From delivery, and pending payment in full, the Buyer must insure the goods for their full replacement value for the respective interests of the Seller and the Buyer.
Title
Ownership of the goods remains with the Seller until cleared payment in full is received for all monies owing under any contract with the Seller.
Until payment in full, the Buyer holds the goods as bailee for the Seller. The Seller may retake possession of the goods at any time while any monies remain unpaid, and for that purpose the Buyer grants the Seller an irrevocable right to enter any premises where the goods are or are believed to be held. The Seller may resell the goods after repossession and retain the proceeds; any shortfall remains a debt due by the Buyer.
Cancellation
Notwithstanding any other agreement as to terms of payment, the total purchase price becomes immediately due and payable and the Seller may cancel this contract (without prejudice to any other rights) if any of the following occur:
– the Buyer ceases or threatens to cease carrying on business;
– the Buyer enters into negotiations for any arrangement or composition with creditors;
– the Buyer is unable to pay its debts (including contingent liabilities) as they fall due;
– the Buyer becomes bankrupt or proceedings are taken for liquidation of the Buyer’s affairs;
– the Buyer, being a company, goes into liquidation (voluntary or compulsory) or does anything or fails to do anything which would allow a receiver or manager to be appointed or to take possession of any of the Buyer’s assets, or which would entitle any person to present an application for winding up, or the Buyer is wound up, dissolved, placed under statutory management, or enters into a scheme of arrangement with creditors;
– any distress or execution is levied on the Buyer;
– the Buyer breaches any other term of this contract.
Following any of the above events, the Seller is entitled to repossess and resell goods that remain the property of the Seller.
Costs
If the Buyer defaults in performing obligations under this contract and the Seller incurs expenses in enforcing its rights, the Buyer must pay those expenses (including full legal costs) on demand.
Claims
Any claim must be made in writing within 14 days after delivery of the goods. All claims must be accompanied by the goods, particulars of the claim, and a copy of the invoice.
Privacy
The Seller complies with the Privacy Act 2020. Personal information collected or held by the Seller may be used and disclosed for administering contracts and enforcing rights, marketing goods and services, assessing creditworthiness (including obtaining credit reports, references or statements), notifying credit agencies of applications or defaults, and communicating with the Buyer.
The Buyer authorises the Seller to obtain from, and disclose to, any person or entity such information as is reasonably necessary for these purposes.
Liability
All goods and services are supplied for the Buyer’s business purposes and the Consumer Guarantees Act 1993 does not apply as between the Buyer and the Seller.
To the extent permitted by law, conditions, warranties, and guarantees implied by the Sale of Goods Act 1908 are excluded.
The Seller’s liability is limited to the amount (excluding GST) invoiced to the Buyer for the goods. The Seller is not liable for consequential or indirect loss suffered by the Buyer or any third party.
Dispute Resolution
In the event of a dispute, the parties will first attempt to resolve the matter through good faith negotiations and, if unresolved, mediation, before commencing legal proceedings.