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.
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
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
1574 Centre Road
Springvale Vic 3171
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.
2.2 The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
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.
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.
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.
6.1 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.
Terms of Trade
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.
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.
(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.
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:
(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.
(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.
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.
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.
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.
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.