Privacy Policy

  1. Privacy Act
    By registering on the Combilift Australia (“CA”) website, you may provide us with personal information. CA holds personal information it collects from you subject to the National Privacy Principles (“NPPs”). This Privacy Policy sets out how we handle your personal information. If you have any queries about our management of your personal information, you are encouraged to contact CA for further information (see below)
  2. How We Collect, Hold, Use and Disclose Personal Information
    2.1 Collection
    We may collect your personal information directly from you, or from third parties (such as CA dealers, or market research companies acting on our behalf) that have collected it from you (with your consent). When collecting personal information, we will tell you why the information is being collected by us, the organisations to which we would disclose your information, and any consequences for you if you fail to provide any information we request.

2.2 Storage and Security
We have policies and procedures in place to ensure that your personal information is not misplaced or misused, and that unauthorised access to, or modification or disclosure of, your personal information does not occur. Security measures we employ include authorised user-only access to computer records (including password protection); internal procedures to protect physical documents; and regular monitoring and improvement of our practices and systems to ensure the effectiveness of our security policies. We will endeavour to destroy your personal information as soon as it is no longer required by us (as permitted by law).

2.3 Use and Disclosure
We will only use or disclose your personal information for the purpose for which we collected it, and for related purposes we consider will be within your reasonable expectations. We may disclose it to our Authorised CA Dealers, contractors and associated organisations in order to best respond to your information request, question or feedback, and may also use it to send you information about Combilift products and services. Combilift Australia will not disclose this information to any other parties. CA will seek your consent prior to using or disclosing your personal information for another purpose, unless we are required or permitted by law to do so without seeking your permission.

  1. Access to Personal Information
    You may contact CA to request access to your personal information held. You will be required to verify your identity before we will allow you to access your personal information, for the protection of your privacy and the privacy of other individuals whose personal information we hold. We may refuse to allow you to access your personal information if we are legally required or entitled to do so. We may require you to pay a fee in order to access your personal information held by us. We will advise the amount of the fee payable (if any) once we have assessed your application for access. Any application for access to personal information will not incur a fee. If you lodge an application for access, we may discuss with you options for providing you with access to your information such as, for example, supplying you with a hard copy of your personal information. If you establish that any personal information we hold about you is not accurate, complete and up-to-date, we will amend our records accordingly. Please notify us if our records need to be updated. If we provide you with the means of informing us of changes to your personal information (such as by return forms sent to you by post, email or tear-out pages in your Owner’s Manual), we encourage you to use these means to assist us to maintain accurate records of your information.
  2. Kinds of Personal Information We Hold
    The personal information about you we may hold includes your name and address, contact telephone number(s) and/or email address(es). We may also hold information about any products or services you acquire from us or our dealers, any warranty claims made in connection with those products or services, and any other personal information that you provide to us.
  3. Activities for Which Personal Information is Held
    CA holds personal information so that we may:

Administer any warranty provided to you in relation to any products or services you acquire from us or our dealers;
Provide you with certain product & services, such as, ForkTrack, Forklift Driver Training and our Service program;
Contact you to ask about your experiences with, or impressions of, our products or services (such as during the Customer Satisfaction Survey we conduct shortly after you purchase a Forklift for CA);
Contact you in the event of a voluntary or compulsory product recall, or if we wish to offer upgrades or modifications to products or services that you have acquired from us;
Contact you from time to time to advise you of new products, promotional offers, or services offered by us or our dealers that we consider may interest you; conduct market research or monitor product demand (although where possible we will use “de-identified” information that does not refer to particular individuals when conducting these activities); or you about other matters relating to products or services that you have acquired from us or our dealers.
6. Disclosure of Personal Information to Other Organisations
We may discuss your personal information to:

Combilift Australia dealers for certain purposes, for example, handling a warranty claim;
Our authorised agents that provide administrative or promotional services to us (for example, mail processing businesses, printers, or market research companies). We enter into contractual agreements with these organisations to ensure that information we disclose is used only for the limited purposes for which we have provided it; and public authorities, as required by law.
7. Online Privacy
This part of our Privacy Policy sets out the manner in which we handle your personal information in respect of online services provided to you by us. “Online services” includes any services provided by us via the Internet (including email and web pages).

Automatic Server Logs
Our web site server automatically collects various items of information when you use our web site. Such information may include the type of Internet browser software you are using to access our web site. When you visit our web site it may store “cookies” on your computer. The purpose of “cookies” is to avoid the need for you to re-enter certain information when you next visit our web site. The settings in your Internet browser software can be adjusted to prevent cookies being stored on your computer, if required. However, some of the features of our web site may then be lost. Although, in some circumstances, it may be possible to identify you from the information we collect, we do not attempt to do so, and only use this information for statistical analysis, system administration, and similar related purposes.
Email and Message Forms
We may collect personal information from you (such as your name, address, telephone number and email address, and any other information you volunteer) if you send us an email or if you submit information to us using a message or brochure request form. We will use this information to contact you to respond to your message, to send you information that you request, and for other related purposes we consider are within your reasonable expectations. We will not use or disclose any such information for any other purpose without your consent.
Storage and Transmission of Personal Information Online
If you provide any personal information to us via our online services (including email) or if we provide such information to you by such means, the privacy, security and integrity of this information cannot be guaranteed during its transmission unless we have indicated to you beforehand that a particular transaction or transmission of information will be protected (for example, by encryption).
Other Online Services
If any of our online services (including any email messages we send to you) contain links to other online services that are not maintained by us (“other services”), or if other services link to our online services, we are not responsible for the privacy practices of the organisations that operate other services, and by providing such links we do not endorse or approve the other services. This Privacy Policy applies only in respect of our online services.

  1. Changes
    We reserve the right to amend this Privacy Policy at any time. You may obtain a copy of the current version of the Privacy Policy by contacting us. If the requirements of the NPPs change in the future, we will change our Privacy Policy, as necessary to meet those requirements.
  2. Complaints
    If you have a complaint about the way in which we have handled your personal information we encourage you to contact CA to discuss your concerns.
  3. Further Information
    You may contact CA if you require further information about the way we manage your personal information.
  4. Contact Information
    You may contact our Privacy Officer:

By Mail:
Combilift Australia
1574 Centre Road
Springvale Vic 3171

By Telephone:
03 95478000

By Email:
marketing@COMBILIFTyster.com.au

 

Terms of Use

Please review the following terms carefully because by using our website, you agree to comply with and be bound by the terms of use set out in this webpage and each time you access this website, you confirm your agreement to abide by these terms of use with respect to our web site.

  1. Information
    1.1 The information contained in this website is for general information purposes only.

1.2 The information is provided by Combilift Australia and in some cases by others. While we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose.

1.3 Any reliance you place on such information is therefore strictly at your own risk and we have no liability whatsoever for your use of any information.

  1. Links to Other Web Sites
    2.1 Through this website you are able to link to other websites which are not under the control of Combilift Australia. We have no control over the nature, content and availability of those sites.

2.2 The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

  1. Limited Right to Use
    3.1 You may use the Website, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Website solely for your own personal enjoyment and information.

3.2 No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, now known or subsequently devised or invented at a later date, for resale disclosure or redistribution.

  1. Warranties
    4.1 Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable for any reason whatsoever.

4.2 You understand and agree that the information and services on this website may contain bugs, errors, typographical errors, problems or other limitations. We do not guarantee that this website will be free from viruses, or that access to the website will be uninterrupted.

4.3 Subject to any liability implied by law and which cannot be excluded, Combilift Australia is not liable to you for any losses, damages, (including without limitation consequential or indirect or economic loss) liabilities, claims and expenses (including legal expenses ) arising out of or in connection with information on this Website, whether in contract, negligence, statute or otherwise.

  1. Copyright
    5.1 The information and material contained in this Website is subject to copyright which we own.

5.2 Except where necessary for viewing the material on this Website, or for non-commercial use, or as permitted under the Copyright Act 1968 (Cwth) or other applicable laws, no material on this Website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of Combilift Australia which Combilift Australia may withhold in its sole and absolute discretion.

5.3 The copying, redistribution, use or publication by you of any of the materials or any part of the Website. except as allowed above is strictly prohibited.

6.Trademarks
6.1 You acknowledge and agree that “Combilift” and other Combilift marks on the website are either trademarks or service marks of Combilift Australia and shall remain the exclusive property of Combilift.

6.2 Other product and company names mentioned on the website may be trademarks of their respective owners.

  1. Privacy Policy
    7.1 Our privacy policy, as it may change from time to time, is hereby incorporated by reference in these terms of use and form part of these terms of use.

 

 

Terms of Trade

  1. Definitions
    i. “Buyer” means Combilift Australia or its related companies as indicated in the Purchase Order
  2. “Goods” means all services (including but not limited to consultancies, maintenance, goods or products) covered by the Purchase Order, including new materials, processed materials or fabricated products.

iii. “Purchase Order” means the Buyer’s official purchase order (to which these conditions apply, and includes printed purchase orders, whether delivered by hand, phone orders, mail or facsimile, and purchase orders issued by means of Electronic Data Transfer or otherwise.

  1. “Seller” means the person, firm, partnership, company or other legal entity to which the Purchase Order is issued and includes its servants, agents and sub-contractors.
  2. Entire Agreement
    2.1 These Conditions of Purchase and the Purchase Order represent the entire agreement between the parties and shall be incorporated in the contract for the purchase of Goods specified on the face of the Purchase Order and the Seller shall, by accepting this Purchase Order, be bound by these Conditions of Purchase. These Conditions of Purchase shall apply to the exclusion of all other terms and conditions, whether contained in the Seller’s invoice or conditions of sale or otherwise.

2.2 Where the Seller is certified to ISO9001 or ISO9002, this Purchase Order must be fulfilled in accordance with the terms of that certification.

  1. Responsibility for Purchase
    The Buyer will not be responsible for any order unless it is issued on a Purchase Order. No variation of a Purchase Order will be effective unless approved in writing by the Buyer. The number appearing on the Purchase Order must be quoted on all invoices, delivery dockets and parcels.
  2. Quality
    4.1 The Seller warrants that the Goods:

(a) Conform with the description provided by the Seller
(b) Conform with any applicable specifications agreed by the Buyer and the Seller
(c) Are of merchantable quality and are fit for the purpose for which they are sold
(d) Are free of defects in material, workmanship and design
(e) Are new (unless otherwise specified); and
(f) Are free from all liens and encumbrances and the Seller has good marketable title thereto

4.2 These warranties are in addition to any other warranties or guarantees contained in the Purchase Order or implied by law or provided by the Seller or any third party.

4.3 Where COMBILIFT agrees to accept non-conforming items in place of specified items, the supplier will provide a negotiated discount as compensation for the non-conformance.

  1. Indemnity
    5.1 The Seller shall repair or replace, at the Buyer’s option, all Goods which are or become defective or otherwise fail to comply with all warranties contained in Clause 4 within 30 days of notification of such defect or failure from the Buyer. Such repairs or replacements shall be subject to the warranties contained in Clause 4 and the liabilities contained herein.

5.2 To the extent that it can be proven as due to actsor neglect by Seller or any defects existing at the time of delivery in the product/service supplied by Seller under this agreement, Seller agrees to indemnify COMBILIFT against:

  1. The proportion of losses suffered by COMBILIFT attributable to Seller
    b. The proportion of liabilities incurred by COMBILIFT attributable to Seller. All legal costs and other costs and expenses reasonably incurred by COMBILIFT in connection with a demand, action, arbitration or other proceeding relating to a. and b.
  2. Loss or Damage in Transit
    6.1The Buyer shall advise the Seller of any loss or damage to or defect in the Goods within the following time limits:

(a) Partial loss, damage, defects or non-delivery of any separate part of a consignment of Goods within 60 days of the date of delivery of the consignment or part consignment; or
(b) Non-delivery of whole consignment of Goods within 60 days of the intended date of delivery as specified in the Purchase Order

6.2 The Seller shall make good free of charge to the Buyer any loss of or damage to or defect in the Goods where notice is given by the Buyer in compliance with this condition.

  1. Rejection
    Notwithstanding Clause 6 hereof, the Buyer may reject Goods not conforming for any reason whatsoever to the Purchase Order upon delivery of such Goods or within a reasonable time thereafter. Any payment by the Buyer for such Goods shall not prejudice its right of rejection contained herein. The Seller shall reimburse the Buyer for:

(a) Any purchase price paid by the Buyer with respect to such Goods; and
(b) Any costs incurred by the Buyer in connection with the rejection of such Goods.

  1. Delivery
    8.1 The date and place of delivery of the Goods shall be that specified in the Purchase Order unless otherwise agreed between the Buyer and the Seller

8.2 Time is of the essence hereof in so far as it applies to the obligations of the Seller. If any Goods are not delivered within the time specified in the Purchase Order, the Buyer may either:

(a) Refuse to accept such Goods and terminate the Purchase Order, or
(b) Cause the Seller to deliver the Goods by the most expeditious means, whereupon any additional delivery charges in excess of those which would apply for the usual means of delivery shall be borne by the Seller

8.3 If any Goods are not delivered to the place specified in the Purchase Order or otherwise agreed between the Buyer and the Seller, the Seller will be responsible for any additional expense incurred in delivering them to their correct destination.

  1. Title and Risk
    Title to and risk of loss in the Goods shall pass to the Buyer upon delivery to the Buyer in accordance with Clause 8 but without prejudice to any right of rejection or other rights which may accrue to the Buyer hereunder.
  2. Inspection In Progress and Prior to Dispatch
    The Seller agrees that the Buyer or its agents shall have the right of inspection of all work performed pursuant to the Purchase Order while in any stage of engineering, manufacture or installation, and of the Goods prior to their dispatch. The Seller shall make this a condition of any sub-contracted work. The Buyer or its agents shall have the power to reject any work performed or being performed or any Goods that do not conform to the Purchase Order, whereupon the work or Goods rejected shall be reperformed at no additional cost to the Buyer. Any such inspection shall not relieve the Seller of any obligations contained in the Purchase Order or at law.
  3. Intellectual Property
    The Seller shall indemnify the Buyer in respect of any loss, damage, expense, claim or liability suffered or incurred by the Buyer as a result of any claim by a third party alleging infringement of an Intellectual property rights in relation to the Goods or any work to be performed pursuant to the Purchase Order.
  4. Price
    12.1 The purchase price of the Goods payable by the Buyer shall be that specified in the Purchase Order and shall be fixed firm, and cannot be varied without the prior written agreement of the Buyer.

12.2 The purchase price specified in the Purchase Order shall be on a Free Into Store (FIS) basis unless otherwise agreed.

12.3 If the Buyer notifies the Seller that it is able to buy any Goods at a lower delivered cost than similar Goods supplied by the Seller, then either the Seller shall agree to meet the lower cost for those Goods or the Buyer may cancel any outstanding Purchase Order for those Goods from the Seller and acquire the Goods from the alternative source.

  1. Terms of Payment
    The terms of payment unless otherwise stated on the Purchase Order are 62 days from the completion of the month of invoice. The Buyer reserves the right to set out any amount owing under any Purchase Order against any amount due from the Seller to the Buyer for any reason whatsoever.
  2. Sub-Contracting and Assignment
    14.1 The Seller shall not assign its rights or obligations hereunder or sub-contract any work to be performed pursuant to the Purchase Order without the prior written consent of the Buyer.

14.2 The Buyer’s consent to the Seller sub-contracting any work to be performed pursuant to the Purchase Order shall not relieve the Seller of its responsibility for the whole of the work to be performed pursuant to the Purchase Order or of any obligations contained in the Purchase Order or at law.

14.3 Where the Buyer has consented to the placing of sub-contracts by the Seller, copies of each sub-order shall be sent by the Seller to the Buyer immediately they are issued and the Buyer reserves the right to inspect all sub-contracted work.

  1. Packaging, Storage and Hazardous Goods
    15.1 The Goods shall be properly packed to avoid being damaged during delivery of loading and unloading. All packages shall be clearly marked with the Purchase Order number and the location of delivery.

15.2 The Seller shall comply with all applicable Australian and International Laws, regulations and other relevant requirements relating to the transport, packaging, storage, handling and use of the Goods.

15.3 All Goods which are hazardous must be marked by the Seller with international danger symbol(s) and display the name of the material in English. Products classified as “Dangerous Goods” in accordance with the Australian Dangerous Goods (ADG) Code must me marked in accordance with that Code. Delivery and other documents must include disclosure of the hazard(s) and name the material in English. Goods must be accompanied by emergency material in English in the form of written instructions, labels or markings and Material Safety Data Sheets.

15.4 All information held by or reasonably available to the Seller regarding any potential hazards or special requirements known or believed to assist in the transport, packaging, storage, handling or use of the Goods shall be immediately communicated to the Buyer.

15.5 The Goods shall be packed, in the case of dangerous Goods, to comply with the requirements of the ADG Code and marked accordingly with the relevant approvals. Such packaging shall also be marked with the appropriate information required by the ADG Code. In all other cases, the Goods shall be packed in accordance with any packaging requirements or specifications communicated by the Buyer to the Seller. Any proposed alteration to the Buyer’s packaging requirements or specification shall be subject to the Buyer’s prior approval.

15.6 Where required by the Buyer or at law, the Seller shall provide all necessary Certificates of Conformance, Certificates of Analysis and Test Certificates together with the Goods delivered pursuant to the Purchase Order.

  1. Insurance
    From the date of the Agreement, the Seller must effect and maintain Public and Product Liability Insurance for the duration of the Agreement for Seller’s own risk and that of its own employees, agents and subcontractors including without limitation, workers’ compensation cover for the amount of not less than AU$5 million, with the interest of COMBILIFT noted as principle and including a cross liability clause. Confirmation consisting of a certificate of currency shall be provided, on request, to COMBILIFT. The Seller shall not at any time do or suffer anything to be done whereby such insurance may be rendered void or voidable.
  2. Force Majeure
    Neither the Seller nor the Buyer shall be liable to the other for default or delay in performing its obligations under the Purchase Order caused by any occurrence beyond its reasonable control, including, without limitation, fire, strike, industrial disturbance, riot, war, act of God and governmental order or regulation, PROVIDED THAT the party affected by such occurrence gives written notice thereof to the other party within 7 days of the commencement of that occurrence.
  3. Buyer’s Rights in Specifications, Plans, Process Information etc
    Any specifications, plans, drawings, process information, patterns or designs supplied by the Buyer to the Seller in connection with the Purchase Order shall remain the property of the Buyer, and any information derived therefrom or otherwise communicated to the Seller in connection with the Purchase Order shall be kept confidential and shall not, without the written consent of the Buyer be published or disclosed to any third party, or made use of by the Seller except for the purpose of implementing the Purchase Order. Any specification, plans, drawings, process information, patterns or designs supplied by the Buyer to the Seller must be returned to the Buyer on request by the Buyer. Any invention or improvement made by the Seller attributable in whole or in part to such specifications, plans, drawings, process information, patterns or designs shall be the property of the Buyer.
  4. Work on Buyer’s Site
    Should the Purchase Order require the Seller to carry out any work on a site of the Buyer, such work shall be subject to, in addition to the condition of the Purchase Order and any conditions imposed by law, the conditions contained in the General Conditions for On-Site Work by Contractors for the particular site, a copy of which will be given to the Seller before any such work commences.
  5. Applicable Law
    The Purchase Order shall be governed by, subject to and construed in accordance with the laws of the State or Territory in which the relevant Buyer’s site issuing the Purchase Order is situated and the parties accept the jurisdiction of the courts of that State or Territory and the Commonwealth of Australia. The Seller shall comply at all times with all applicable Federal, State and local laws and regulations.
  6. Transaction Tax
    The Seller may adjust the price of goods and services to be provided to the Buyer under this Agreement to take into account GST paid or payable by the Seller on Taxable Supplies. The parties to this contract agree that the amount paid by the Buyer will be the Tax Adjusted Amount. To ensure payment within trading terms, the Buyer requires a Tax Invoice which accords with GST law. Where the Seller makes or gives Seller Allowances and other Adjustment Events occur in respect of amounts paid or payable by the Buyer under the Agreement, the Seller must promptly issue any Adjustment Notes that may be required under the GST law. If the amount of GST is reduced, the Seller must refund to the Buyer any GST the Buyer has overpaid.
  7. Confidentiality
    The Seller is to keep confidential volumes, prices and specifications developed specifically for COMBILIFT.