Terms of Sale

AGREED TERMS

1. R&R Quigley Technical Services

quigleystore.com is a website (Site) operated by R & R Quigley Technical Services Pty Ltd (we, us and our).

To contact us, please complete our contact form [click here].

2. Terms

    • These terms and conditions (Terms) apply to the order by you and supply of Products by us to you (Contract). To the extent permitted by law, no other terms are implied.
    • The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.

3. Placing orders

    • Each order is an offer by you to buy the goods specified in the order (Products) subject to these Terms.
    • [Our order process allows you to check and amend any errors before submitting your order to us. ]Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.]
    • [After you place your order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 4.]
    • Our acceptance of your order takes place when we send an email to you confirming it (Order Confirmation), at which point and on which date (Commencement Date) the Contract between you and us will come into existence. The Contract will relate only to those Products confirmed in the Order Confirmation.
    • If we are unable to supply you with the Products for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Product, we will refund you the full amount.

4. Cancelling your order

    • You may cancel the Contract and receive a refund, if you notify us as set out in clause 2 within two (2) days of your receipt of the Order Confirmation. You cannot cancel the Contract after this period.
    • To cancel the Contract, you must contact us via our contact form [click here] or via email. We will email you to confirm we have received your cancellation. Please include details of your order to help us to identify it. If you send us your cancellation notice by email, then your cancellation is effective from the date you send us the email. For example, you will have given us notice in time as long as you email us before midnight on that day.
    • If you cancel the Contract, we will refund you in full for the price you paid for the Products, by the method you used for payment.

5. Our Products

    • Any descriptions or illustrations on our site are published for the sole purpose of giving an approximate idea of the Products described in them.
    • We will supply the Products to you in accordance with the specification appearing on our website at the date of your order in all material respects.
    • We will use all reasonable endeavours to meet any performance dates specified in the Order Confirmation, but any such dates are estimates only and failure to deliver the Products by such dates will not give you the right to terminate the Contract.

6. Your obligations

    • It is your responsibility to ensure that:
      • the terms of your order are complete and accurate; and
      • you cooperate with us in all matters relating to the charges.
      • In consideration of us providing the Products, you must pay our charges (Charges) in accordance with this clause
        • The Charges are the prices quoted on our site at the time you submit your order.
        • Our Charges are exclusive of goods and services tax (GST). Where GST is payable in respect of some or all of the Services, you must pay us such additional amounts in respect of GST, at the applicable rate, at the same time as you pay the Charges.

7. Payment

    • Payment for the Products is in advance. We will take your payment upon acceptance of your order.
    • You can pay for the Services using a debit card or credit card.
    • When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to process the Charges.
    • If we believe your payment has violated any law or the Contract, we reserve the right to cancel or reverse your transaction.

8. Intellectual property rights

    • All intellectual property rights in or arising out of or in connection with the Products are owned by us.

9. How we may use your personal information

    • We will use any personal information you provide to us to:
      • provide the Products;
      • process your payment for the Products; and
      • inform you about similar products or the services that we provide, but you may stop receiving this information at any time by contacting us.
    • Further details of how we will process personal information are set out in our privacy policy [click here].

10. Limitation of liability

    • Nothing in this Contract limits or excludes our liability where liability cannot be limited or excluded by applicable law.
    • Subject to clause 1 we will not be liable to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with this Contract, including any:
      • loss of profits;
      • loss of sales or business;
      • loss of production;
      • loss of agreements or contracts;
      • loss of business opportunity;
      • loss of anticipated savings;
      • loss of or damage to goodwill;
      • loss of reputation; or
      • loss of use or corruption of software, data or information.
    • Subject to clause 2, our maximum aggregate liability to you for any loss or damage or injury arising out of or in connection with the supply of Products under this Contract, including any breach by us of this Contract however arising, is limited to the amount you have paid for the Products under the Contract.
    • Nothing in this Contract is intended to have the effect of excluding, restricting or modifying the application of relevant provisions of the Australian Consumer Law.
    • If we are liable to you in relation to a failure to comply with a guarantee that applies under the Australian Consumer Law that cannot be excluded, our total liability to you for that failure is limited to, at our option, payment of the cost of resupply of the Products.
    • Nothing in this Contract limits or affects the exclusions and limitations set out in our terms and conditions of use [click here].
    • This clause 11 will survive termination of the Contract.

11. Force majeure

    • We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
    • If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
      • we will contact you as soon as reasonably possible to notify you; and
      • our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for delivery of the Products with you after the Event Outside Our Control is over.

12. Severability

If the whole or any part of a provision of this Contract is or becomes invalid or unenforceable under the law of any jurisdiction, it is severed in that jurisdiction to the extent that it is invalid or unenforceable and whether it is in severable terms or not.

13. Relationship of the parties

The Contract is between you and us. No other person has any rights to enforce any of its terms

14. Governing law and jurisdiction

These terms and conditions, their subject matter and their formation, are governed by Australian law. You and we both agree that the courts in Australia will have exclusive jurisdiction.

 

Effective Date: 6th day of February, 2025

 

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