TERMS AND CONDITIONS

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PRICING

 

PILA group Pty Ltd (PILA) is committed to providing a high level of service and we check orders on receipt and will advise the customer of any error we see when comparing an order to our current product information and pricing. However, the customer is always responsible for choosing the correct product and checking our Order Confirmation and Tax Invoice before confirming their order as final.

 

This checking process does not apply to orders PILA receives from third party resellers and customers must make their own checks with any third party selling PILA products.

 

All information and pricing provided on this website is subject to an Omissions and Error Disclaimer.


REFUNDS

 

PILA does not issue refunds for change of mind or incorrect product choice and PILA does not accept the return or exchange of goods once goods have been shipped or if an order, shipped or not shipped, is customised in any way (i.e. custom size or powdercoat colour).


PAYMENTS

 

A PILA Tax Invoice will have available payment methods displayed. Full payment is required on order unless you have a formal trade account in place or you are a Government Department. If you are an account holder or a Government Department, your order will be deemed accepted on receipt and will go into production immediately. All other orders will go into production once payment is received and any lead time specified will commence from the date payment is received.

 

For account holders and Government Departments, payment is to be made by the due date on each invoice and late payments may attract interest at the rate of 7% p/a or the highest rate permitted by law, whichever is greater. If required, debt collection will be activated for late payments and the client is liable for all costs incurred by PILA due to debt collection procedures.

 

Each Tax Invoice issued by PILA shall be deemed to be correct and accepted as rendered unless PILA has received written notice to the contrary within three (3) business days from the date of issue, after which time PILA will not accept a dispute against a Tax Invoice and all monies owed to PILA as per the Tax Invoice will be due by the due date.

 

If a dispute is entered between PILA and the customer for non-payment, PILA shall be entitled to retain any money paid by the customer as liquidated damages and PILA will have the right to take immediate possession of the goods and begin debt recovery procedures for any losses.


WARRANTIES

 

PILA products are covered by a 7 year manufacturers warranty as standard, not including accessories such as small parts, nets, flags and the like. Refer to the product warranty for the product purchased for specifics on the inclusions, exclusions and terms of the warranty.

 

Damage or loss of goods in transport are not covered under any warranty. PILA will always seek assistance from the carrier on behalf of the customer if goods are lost or damaged in transport however the carrier will not cover the customers goods with insurance.

 

Entitled risk of loss of goods shall pass from PILA to the customer when the goods leave PILA’s factory and are placed in the possession of the carrier for delivery to the customer. The customer shall provide all necessary insurance for goods in transport and in their own possession for no less than any amounts owed to PILA with any loss first payable to PILA for any invoiced amounts not yet paid.

 

To assist a customer processing an insurance claim with their own insurer, we recommend you report to PILA any transport loss or damage in writing within 24 hours of the loss or damage occurring. Damage to goods should be clearly noted on the carriers Proof of Delivery document and the customer should take clear photos showing the damage to both product and packaging, preferably while still on the carriers vehicle.


DISCLAIMERS

 

PILA does not warrant the accuracy or completeness of information on this website and will not be responsible for any errors. Photos are for illustration purposes only and products are not always in stock. All descriptions, photos, availability and pricing are subject to change at any time without notice. It is the customer’s responsibility to ensure they check current information prior to purchasing.

 

Subject to any excludable rights of the client under the Trade Practices Act 1974, PILA shall not be liable for any delay, loss, injury or damage in relation to any goods or services provided under any circumstances whatsoever. Without limiting the generality of this cause, the company shall not be liable due to:

 

  • Negligence or wrongful act on the part of contractors of the company, its agents, servants or subcontractors;
  • Delay or non-delivery, whether any specific time for delivery has been agreed or not;
  • A result of any consequential loss for whatever reason and under any circumstances;
  • Any loss of or damage to goods while the goods are in the possession of a third party.

 

PILA shall not be liable for failure or delay in performance due in whole or part to causes beyond PILA’s reasonable control. This specifically includes delays or inabilities to obtain product because of the actions of PILA’s suppliers. The customer shall indemnify and hold harmless PILA from and against all claims, costs and demands whatsoever and by whosoever arising from or in connection with the negligence or wrongful or deliberate acts of PILA, its contractors, servants, sub contractors and agents. To the extent provisions of these conditions may be held not to exclude liability all together, the liability of the company shall in no event may exceed an amount of AUD $100 in respect of any goods lost or damaged.

 

To the extent that any clause or any part of any clause above would (due to the circumstances of a particular case) be declared void under the Trade Practices Act 1974, such clause or clauses (or relevant parts thereof) shall be read as restricting the customer’s entitlement only to the extent of limiting PILA liability to the greatest extent permitted by law in the applicable circumstances. In particular, in such circumstances such as clauses shall be read only as limiting the liability of the company in accordance with Section 68A of the Act, where permissible.


PRIVACY

 

PILA  is committed to adopting the highest standards to safeguard your personal information. PILA is bound by the National Privacy Principles as set out in the Privacy Act 1988. PILA collects information about you in order to provide personalised service. The type of personal information we collect may include your name, address, telephone numbers, e-mail address, what you buy, when you buy and how much you spend. The personal information you provide PILA may be collected and used for a number of purposes connected with our business operations including:

 

  • Processing your orders or applications;
  • Providing you with products requested;
  • Billing and administering your account;
  • Dealing with enquiries and customer care;
  • Marketing our products and services generally;
  • Registering your details or offering you discounts.

 

To opt-out of receiving marketing emails you will need to unsubscribe when you receive any such material from us on email.

 

PILA will not disclose information about you to third parties unless law enforcement agencies require your details to assist in the prevention of criminal activities. PILA will take reasonable steps to ensure that the personal information we collect is stored in a secure environment protected from unauthorised access. PILA does not collect or store Credit Card information.

 

While we take great care to protect your personal information, no data transmission over the Internet can be guaranteed secure and PILA cannot ensure the security of any information you send to us online or via email.


COPYRIGHT

 

PILA supports and encourages the dissemination and exchange of information however Copyright protects all material produced by and distributed by PILA and we only allow our material to be reproduced on the condition that PILA is recognised as the author of the original material and that the material remains unaltered. If these conditions are not adhered to, disclosure of copying of any material is unauthorised.

 

These terms and conditions are governed by and construed in accordance with the laws of the State of New South Wales. Actions, suits or proceedings relating in any way to these terms and conditions may be instituted, heard and determined in a Court of competent jurisdiction in the State of New South Wales.

 

These terms and conditions shall be deemed binding on the customer and PILA reserves the right to amend, add or exclude terms and conditions at any time without notice.