Business Day means a day that is not a Saturday, Sunday or public holiday in the place where the Services are principally being carried out or the Goods provided.
Claim means any action, claim or demand, whether arising in contract, tort (including negligence), under statute, at common law or otherwise.
Customer means the person identified on an Order as the customer and includes the Customer’s agents and permitted assigns.
Dangerous Goods means goods that would be classified as dangerous to the Supplier and its staff and agents including, but not limited to, goods that are classified as dangerous goods pursuant to the Dangerous Goods Safety Act 2004 (WA) or any legislation enacted to replace that Act.
Delivery means delivery of the Goods as provided in this policy document.
Goods means any goods supplied by the Supplier.
Invoice means an invoice issued by the Supplier to the Customer that meets the requirements to constitute a Tax Invoice and does not include any statement of account that is not a valid Tax Invoice.
Loss includes, but is not limited to, costs (including party to party legal costs and the Supplier’s legal costs), expenses, lost profits, award of damages, personal injury, and property damage.
Order means a purchase order for Supplier Goods placed by a Customer.
Goods means goods supplied by the Supplier.
Supplier means Helme Pty Ltd (ACN 648 207 005).
Supplier’s Address means Helme Pty Ltd, PO Box 176 Nedlands, WA 6909, Australia.
Tax Invoice means a tax invoice pursuant to the GST Act.
Website means https://www.helme.com.au, or as directed from time to time.
In these Terms and Conditions, unless the context otherwise requires:
a) A reference to writing includes email and other communication established through the Supplier’s Website (if any);
b) The singular includes the plural and vice-versa;
c) A reference to a clause or paragraph is a reference to a clause or paragraph of this Policy;
d) A reference to a party in this Policy or any other document or arrangement includes that party’s executors, administrators, successors and permitted assigns;
e) Where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;
f) Headings are for ease of reference only and do not affect the meaning or interpretation of this Policy; and
g) If the date on which any act, matter or thing is to be done falls on a day which is not a Business Day, that act, matter, or thing:
a) We can deliver worldwide. International shipping rates will be case by case and will be communicated to the Customer once the Order is received.
b) We dispatch your Order(s) within seven Business Days of your Order being received.
c) Shipping prices and options will be advised at check-out.
d) We cannot accept responsibility for delays in dispatch due to force majeure as outlined in clause 10 of this Policy. Please note that during the Christmas period, or sale or promotional events, dispatch may take longer than the stated delivery times provided.
e) Your Order will be dispatched pending credit card authorisation, verification, and availability of stock.
a) We expect delivery to take place within 2 weeks of placement of your Order for delivery within Australia. International shipping delivery times will vary and will be advised on receipt of your Order. During the Christmas period, or sale or promotional events, delivery may take longer than the stated delivery times provided.
b) You may collect the Goods directly from the Supplier at the Supplier’s Address by prior agreement in writing.
c) Where agreed, you will need to give the Supplier advance notice so we can let you know when, how and where you, or your agent, can collect the Goods from us. In the event that Goods are not collected from the Supplier within four (4) weeks of the date on which the Goods are made available for collection, a storage fee of $200 per week will apply.
d) We need a signature to successfully complete delivery of your Goods. If no one is home or there’s limited access to the address, the carrier will leave a card letting you know where, how and when you can collect your Order.
e) If the Customer requests the Supplier to deliver goods to unattended premises or to an unattended location, they shall be left at the Customer’s sole risk.
f) Any delivery times communicated by us to you are estimates only, and you are not entitled to refuse to accept delivery of Goods due to a delay in delivery. You acknowledge that we are not liable to you for any costs or losses that you suffer or incur as a result of any late delivery of the Goods. We are entitled to charge you additional fees to cover any delay or storage required if we attempt to deliver the Goods to you, but cannot for any reason.
g) Once your Order has been dispatched, you’ll receive an email confirmation from us or our delivery partner. The email will contain a tracking number that allows you to follow the progress of your delivery.
h) Once the Goods are out for delivery with the delivery company, the delivery company is responsible for ensuring that the Goods are delivered to you.
i) At the sole discretion of the Supplier, delivery of the Goods shall take place when:
j) Delivery of the Goods to a third party nominated (in writing as part of the Order) by the Customer is deemed to be delivery to the Customer for the purposes of this Policy.
k) If any Goods are damaged, destroyed or stolen during or after delivery and prior to payment being received by us, we are nevertheless entitled to payment in full and for any other monies owed to us.
l) We cannot accept responsibility for delays in delivery due to force majeure as outlined in clause 10 of this Policy.
m) You are responsible for the details you enter for delivery. The Supplier will not bear any responsibility for delivery failures or delays as a result of improperly entered address details.
a) All Orders are subject to availability. While our stock is regularly replenished and updated, there may be times when we are unable to meet your order. When this occurs, we may delay Order fulfillment or offer a cancellation and refund. Where stock is unavailable, we will contact you as soon as possible.
b) An Order cannot be cancelled by the Customer without the prior written consent of the Supplier. Where an Order is cancelled, the Customer indemnifies the Supplier against any Loss incurred by the Supplier as a result of the cancellation. This includes, but is not limited to, loss of profit from other orders foregone as a result of the scheduling of the Order which is subsequently cancelled.
c) In the event of cancellation of part of any Order only, the Supplier may invoice the Customer any difference in selling price per unit applicable to the quantity actually despatched up to the time of cancellation compared to the quantity ordered.
d) The Supplier may, at its absolute discretion and in writing, allow an Order to be cancelled where there is no fault with the Goods subject to the Supplier recovering from the Customer the costs incurred by the Supplier, and subject to the processing charge of 20% of the Order value.
e) Where a Customer has a recurring Order arranged with the Supplier for Goods to be delivered to the Customer periodically, notice in writing of a cancellation must be received by the Supplier at least 14 days prior to the next delivery date or the Customer will be charged the entire amount of the usual cost of Goods, plus delivery charges.
a) If you change your mind on an item, you can return it for an exchange or refund if items are returned in their original condition and packaging within 14 days of date of delivery, and your receipt/Tax Invoice is provided. All shipping and handling costs will be payable solely by you. This change of mind policy does not impact our rights under the Australian Consumer Law and Regulations.
b) Any specific instructions which appear on the Supplier website must be followed when returning any Goods.
c) Goods being returned must be posted to the Supplier’s Address.
d) Where Goods are returned to the Supplier otherwise than in accordance with clause 5(a)-5(c) above (for example, after the period for returns has expired or Goods are in an unfit state) the Supplier may refuse to accept the return and return the Goods to the Customer at the Customer’s expense or may apply a handling charge which relates to the actual cost of reprocessing.
e) If you change your mind on an item and fail to return Goods in accordance with clauses 5(a)-5(c) above, you shall be deemed to have accepted the Goods accordingly. The Supplier’s record of the Goods dispatched (including the quantity) shall be conclusive evidence of the Goods received by the Customer, unless proved otherwise by the Customer.
f) This returns policy excludes sale items, extended range products, specially manufactured products and any products marked as non-returnable.
g) In the event you have a faulty item, contact us via our “Contact Us” form before returning it for an exchange. Please clearly state the reason for the exchange. We will respond to you within seven (7) days, advising the next steps.
h) If the Customer fails to advise the Supplier in writing of any fault in Goods or failure of Goods to accord with the Customer’s Order within thirty (30) days of delivery, the Customer is deemed to have accepted the Goods and to have accepted that the Goods are not faulty and accord with the Customer’s Order. Nothing in this paragraph affects the Customer’s rights for any alleged failure of a guarantee under the Australian Consumer Law.
i) The remedies set out above are the Customer’s exclusive remedies for apparent defects in the Goods. The Supplier shall not be liable for any Loss, consequential or otherwise, or for costs (including legal costs), expenses, liabilities, loss of profits, business or economic loss, depletion of goodwill, damages, claims, demands, proceedings, judgments or otherwise arising from these circumstances.
j) In the event of a product recall over Goods you have acquired from us, you shall give us such assistance as we reasonably require in relation to that recall.
a) Certain Goods sold by the Supplier are subject to export control regulations of Australia, United Kingdom, United States of America, European Union and other countries (“Export Laws”). The Customer shall comply with all such Export Laws and obtain any licence or permit required to transfer, export, re-export or import the Goods.
b) The Customer shall not, directly or indirectly, sell, permit to be sold, dispose of, export, re-export or otherwise provide the Goods to any country or entity under sanction or embargo administered by Australia, United Kingdom, United States of America, European Union or other country.
c) The Customer certifies that Goods purchased from the Supplier will not be used, sold or incorporated into Goods used directly or indirectly in the design, development, production or use of chemical, biological or nuclear weapons, delivery vehicles and systems of the same or in the development of any weapons of mass destruction.
d) Goods sold by the Supplier are not recommended or authorised for use in life support, surgical implantation, nuclear or aircraft applications or for any use or application in which the failure of a single component could cause substantial harm to persons or property.
e) Classifications of Goods for export purposes, including ECCN and Harmonised Tariff codes, are made for internal use by the Supplier only. Such information is provided by the Supplier in good faith based on the information available to it at the time of compilation. The Supplier makes no warranty or representation that such information is up to date or correct, and shall not be liable to the Customer for any form of loss or damage suffered by the Customer as a result of reliance upon such information. Use of the information is done so at the Customer’s own risk with no recourse to the Supplier. The Customer is responsible for ensuring compliance with all applicable export legislation, including determining the correct classification of an item at the time of any onward export.
a) Goods manufactured by the Supplier are warranted as free from faulty workmanship and materials for twelve (12) months from date of delivery. Such Warranty excludes the following:
i. damage caused by accidents, impacts, abuse, neglect or misuse;
ii. fair wear and tear; and
iii. failure to comply with or carry out proper care and maintenance.
b) The Customer may make a claim under this Warranty by providing the Supplier notice in writing with a reasonable description of the defect in the Goods.
c) The Customer shall pay any freight or other removal costs for warranty work that requires Goods to be returned to the Supplier’s Address or other premises.
d) For Goods not made by the Supplier, the sole Warranty shall be the Warranty, if any, that is provided by the manufacturer or importer of the Goods and the Supplier shall have no further liabilities whatsoever.
e) For any defect claims the Supplier has agreed to accept, the Supplier’s liability is limited to either (at the Supplier’s discretion) replacing the Goods, repairing the Goods or issuing a refund of the purchase price for the Goods.
f) A replacement part supplied by the Supplier during the Warranty period shall be covered by the Warranty for the unexpired portion of the Warranty period which covered the original Goods.
g) The Customer may not withhold any payment due to the Supplier in respect of any other Goods pending the resolution of a claim for a defect.
h) The Customer warrants that it maintains a policy of insurance against theft or damage in respect of any Goods held or stored at any premises owned or occupied by the Supplier, to a sum at least equivalent to the aggregate of the Goods held or stored by the Supplier, provided that the inclusion of those Goods in any blanket or other policy of insurance held by the Customer is sufficient compliance with the provisions of this clause.
a) To the maximum extent permitted by law (including Part 3-2 of the Australian Consumer Law), we limit our liability to you in respect of any Claim relating to the Goods we provide to you in connection with them to our choice of supplying equivalent Goods or giving you a credit for any price paid or payable for the Goods.
b) All information, specifications and samples provided by the Supplier in relation to the Goods are approximations only and, subject to any guarantees under the Australian Consumer Law, small deviations, or slight variations from them which do not substantially affect the Customer’s use of the Goods will not entitle the Customer to reject the Goods upon delivery, or to make any claim in respect of them.
c) Under no circumstances is the Supplier or any of its suppliers liable or responsible in any way to the Customer or any other person for any loss, damages, costs, expenses or other claims (including consequential damages and loss of profits or loss of revenues) as a result, direct or indirect of any defect, deficiency or discrepancy in the Goods. This includes their form, content and timeliness of deliveries, failure of performance, error, omission or defect, including, without limitation, for and in relation to any of the following:
i. Any Goods supplied to the Customer;
ii. Any delay in supply of the Goods; or
iii. Any failure to supply the Goods.
d) We warrant that we will provide you with good title to the Goods and that the Goods will be of merchantable quality and except for those statutory guarantees that apply under the Australian Consumer Law, we exclude all other express or implied warranties or representations about the Goods.
e) These warranties shall not apply to any defect which arises from improper use, failure to follow the instructions in relation to the Goods, or any repair or modification made without the consent of the Supplier.
f) To the fullest extent permissible at law, the Supplier is not liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the provision of or failure to provide Goods, or otherwise arising out of the provision of Goods, whether based on negligence, strict liability or otherwise, even if the Supplier has been advised of the possibility of damages.
g) The Customer acknowledges that the Goods are not for personal, domestic, or household purposes.
h) The Australian Consumer Law may give to the Customer certain guarantees. Where liability for breach of any such guarantee can be limited, the Supplier’s liability (if any) arising from any breach of those guarantees is limited with respect to the supply of Goods, to the replacement or repair of the Goods or the costs of resupply or replacement of the Goods.
i) To the extent permitted by the Australian Consumer Law, the remedies set out in this clause shall be the Customer’s sole remedies for any breach of Warranty and in respect of the supply or non-supply of Goods.
j) The availability of the remedies set out in this clause 8 is subject to:
i. A claim being made in writing to the Supplier, prior to the return of any defective Goods, and within twelve (12) months of the original date of delivery, or such other periods as may be indicated by the Supplier for specific Goods from time to time in writing; and
ii. The Customer returning or disposing of the relevant Goods in accordance with the Supplier’s instructions and suitably packaged. In particular, for any returns, the Customer must obtain a returns number from the Supplier and quote this on all paperwork and state the original invoice number in respect of the Goods and the nature of any claimed defect.
k) Where the Customer returns defective Goods otherwise than in accordance with these provisions, the Supplier may refuse such Goods and return them to the Customer at the cost of the Customer.
l) Any Goods which are replaced by the Supplier shall become the property of the Supplier. Title to replacement Goods shall pass to the Customer as at the date of dispatch by the Supplier and the period of the replacement product Warranty shall be the unexpired period of the defective product Warranty.
m) The Customer shall have no remedy in respect of any untrue statement made to it upon which it relied in ordering Goods (unless such untrue statement was made fraudulently) other than any remedy it may have set out expressly in the Terms and Conditions of Sale.
n) Save as expressly provided in the Terms and Conditions of Sale, all implied warranties, terms and conditions (whether statutory or otherwise) concerning the supply or non-supply of Goods are excluded to the fullest extent permitted by law (including, without limitation, the implied terms of satisfactory quality, fitness for purpose and provision of services with reasonable care and skill).
o) Except as required by law, the Supplier will not be liable to the Customer for any loss, damage, or liability of any kind whatsoever which arises out of the breach of implied warranties, terms or conditions (statutory or otherwise) or breach of any other duty of any kind imposed on the Supplier by operation of law. The Customer acknowledges that it is responsible for ensuring that the Goods it orders from the Supplier are fit for the purposes for which it intends to use them.
p) The application of the United Nations Convention on Contracts for the International Sale of Goods (known as the Vienna Sales Convention 1980) is excluded.
a) The Customer indemnifies and keeps indemnified the Supplier, its servants, and agents in respect of any claim or demand made or action commenced by any person (including, but not limited to, the Customer) against the Supplier, or for which the Supplier is liable, in connection with any Loss arising from or incidental to the provision of Goods.
b) This includes, but is not limited to, any legal costs incurred by the Supplier in relation to meeting any claim or demand or any party/party legal costs for which the Supplier is liable in connection with any such claim or demand.
a) If circumstances beyond the Supplier’s control prevent or hinder its provision of the Goods, the Supplier is free from any obligation to provide the Goods while those circumstances continue. The Supplier may elect to terminate this agreement or keep the agreement on foot until such circumstances have ceased.
b) Circumstances beyond the Supplier’s control include, but are not limited to, unavailability of materials or components, strikes, lockouts, riots, natural disasters, fire, war, a pandemic declared by the World Health Organisation as a “public health emergency of international concern”, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.
a) This Policy is governed by the laws of the state where the Supplier’s registered office is situated and each party irrevocably submits to the non-exclusive jurisdiction of the courts of that state.
b) The Supplier may in its absolute discretion at any time and from time to time without notice to the Customer amend or vary this policy by posting the amended or varied policy on the Website. The amended or varied policy will take effect fourteen (14) days after it is posted on the Website, or such longer period as may otherwise be advised.
c) If any provision of this policy at any time is or becomes void, voidable, or unenforceable, the remaining provisions will continue to have full force and effect.
