General Terms and Conditions
These terms and conditions apply to the use of the website www.cmpcontrols.com or CMP Controls Pty Ltd or CMP New Zealand Limited, and its directors/ shareholders, collectively known as CMP. The use of the website including, but not limited to, browsing, ordering, purchasing is subject to the customer (You) agreeing to the terms and conditions listed here. If you do not accept these Terms, You must refrain from using this website or making a purchase from the website.
These Terms and Conditions constitute a contract between the customer (You) and CMP Controls Pty Ltd, a registered company in Australia, ACN 165 335 553.
1.1 By using this website, associated software, networks and processes, including but not limited to, browsing, ordering, purchasing You agree and accept these Terms and Conditions, which constitutes a legally binding agreement between CMP and You.
1.2 This agreement cannot be varied unless CMP agrees to vary the agreement in writing.
2. Your use of the website
2.1 You agree to use this website only for purposes that are permitted by these Terms and Conditions, any applicable law or regulation and/or generally accepted practices or guidelines.
2.2 By using this website, associated software, networks and processes for the purpose of purchasing and placing orders, You acknowledge that You are at least eighteen (18) years of age.
2.3 By using this website, You understand and agree that any suspicious fraudulent behavior, abusive or illegal activity may be referred to appropriate law enforcement authorities and CMP may stop (temporarily or permanently) providing access to this website to You, or to guests or members generally, at its discretion, at anytime, and without prior notice to You.
2.4 CMP may in its sole discretion restrict Your access to this website, which may prevent You from accessing all or parts of the website, Your account details or other content contained in Your account. CMP will not be held liable to You or any third party for doing so.
2.5 CMP is an electronic website and is offered on an “as is” and “as available” basis only. CMP may also withdraw this website, or change or remove certain functionality at any time without notice to You.
2.6 CMP will not be held liable for any viruses, personal information loss, malicious computer software or any other damage caused to You, through the use of CMP.
3. Products and Specifications
3.1 All items available for purchase on CMP including, but not limited to: surplus, new and second-hand items HAVE NOT been field tested, and should be tested by a licensed professional before being used. If an item has been found defective, within the Warranty period of the item in question, You have the right to request a replacement. If a replacement is not available, a full refund will be provided.
3.2 Production information and specifications are subject to change without notice. Please ensure You’ve adequately researched an item before purchasing to ensure You’ve made a well-informed decision.
3.3 Listed or illustrated weights and dimensions of any item listed on CMP may be approximate, or estimated in some cases. Please contact us if you require exact dimensions and/ or weights of any item prior to purchasing.
4.1 Prices displayed on CMP are subject to change without notice. Prices will remain fixed though on all orders received, unless otherwise agreed between You and CMP in writing.
4.2 Most prices listed on CMP exclude delivery cost, which is calculated separately. Where indicated, some items are available with free delivery.
4.3 Prices listed are either USD, AUD, HKD or EURO, depending on the location of the customer, you. Please carefully take note of the currency of Your item before purchasing. If in doubt, we suggest contacting our customer service teem. Where applicable, VAT is included in the price.
5.1 Orders can be placed on CMP following the instructions on the website. An order is confirmed once You have received a confirmation email by Customer Service.
5.2 Orders should be chosen carefully as refunds are not normally provided where You have simply changed Your mind, made a wrong selection or simply found the item cheaper elsewhere.
5.3 CMP has the right to reject an order. If Your Order is not accepted, CMP will notify You by email and arrange for a full refund of any payment made by You to be processed.
5.4 CMP will not be held liable for any delay in orders, due to, but not limited to, a delay in postage, internet disruption.
6.1 Payments must be made in full prior to delivery.
6.2 Payments must be made via PayPal, Direct Deposit, Western Union, or any other payment gateway currently employed on CMP or any payment gateway which may be employed in the future. These payments are subject to any terms and conditions of these providers.
6.3 Although we aim to provide the most secure payment systems available to us, via such reputable providers as PayPal, to the extent permitted by law, CMP will not be held responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card or PayPal account is fraudulently used or is used in an unauthorised manner.
7. Delivery and Ownership
7.1 You must ensure your delivery address is accurate and current. Deliveries cannot be made to PO Boxes.
7.2 Unless otherwise agreed by both CMP and You, on acceptance of Your Order by CMP, CMP will aim to dispatch Your Order to Your specified delivery address generally within 10 business days of the date You placed Your Order.
7.3 CMP will aim to deliver Your Order within any stated timeframes for dispatch, however CMP does not warrant that these timeframes will always be met, as many factors may affect delivery.
7.4 CMP cannot and will not accept responsibility for delivery failures or delays by any third party delivery contractor.
7.5 CMP reserves the right to refuse shipping to remote or rural locations.
7.6 Title and risk of any product including, but not limited to, loss and damage, is passed to You on delivery or collection.
8. Warranties on items purchased on CMP
8.1 CMP offers a standard one-year warranty on all new products purchased from CMP. If a new item is found defective, please contact us first detailing Your item and the issue. Once Your request has been approved, please send it back to us and we’ll replace it with a new one. If a replacement cannot be made, we’ll refund Your money.
The warranty period for new items commences at the delivery date.
8.2 All surplus and used items come with a 30-day warranty from invoice date. If a surplus and/or used items is found defective, please contact us first detailing Your item and the issue. Once Your request has been approved, please send it back to us and we’ll replace the item. If a replacement cannot be made, we’ll refund your money.
8.3 We endeavor to clearly mark items New, Surplus and Used, however, whenever in doubt if an item is New, Surplus or Used, please contact our Customer Service team before placing Your order.
To the extent permitted by law CMP will not be held liable for ANY loss or damages (however caused or arising) from the use of CMP or from the purchase/ use of an item purchased on CMP.
Nothing in this clause limits or restricts You to make a claim that may be available to You for any failure by CMP to comply with a guarantee under the Australian Consumer Law.
10. Damaged or Defective Products
CMP will repair, replace or refund an item that has been found to be damaged or defective within the warranty period, unless that damage or defect is a result of third-party delivery provider.
Your privacy is important to CMP and is collected and managed in accordance with the Australian Privacy Principles in the Privacy Act 1988.
By placing an Order, creating an Account, or contacting CMP, You agree that CMP may store, process and use data collected from you for the purposes of processing Your Order.
12. Intellectual Property Rights
Any intellectual property rights, including graphics, logos, trademarks, distinctive brand features, design, text, icons, the arrangement of them, are owned by CMP. Unless expressly authorised by CMP, You may not reproduce, adapt, modify, display, copy or distribute any material.
13 Governing Law
These terms will be governed by and interpreted in accordance with the laws of Victoria, Australia and the parties submit to the jurisdiction of the courts of Victoria, Australia.
If You access CMP outside of Victoria, Australia, You are responsible for compliance with the laws of Victoria, Australia, to the extent that they apply.
14.1 CMP reserves the right to make changes to the website and these Terms and Conditions without notice. Any such changes will operate prospectively from the time that the revised Terms and Conditions are published on the website. Purchases made prior to the published date of the revised Terms and Conditions will not be impacted by the revised Terms and Conditions, but be bound by the previous version of the Terms and Conditions.
Terms and Conditions which are deemed void or unenforceable may be removed from these Terms and Conditions without affecting the enforceability of other provisions.
14.2 The failure by CMP to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by the director/s of CMP.