OVERVIEW
This website is operated by Entry-Point. Throughout the site, the terms “we”, “us” and “our” refer to Entry-Point. Entry-Point offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Entry-Point, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Entry-Point and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at sales@entry-point.com.au.

TERMS AND CONDITIONS OF SALE

For a pdf copy of the below, please contact sales@entry-point.com.au 

New Holland Two Pty Ltd Trading As Entry Point Distribution | ABN 59 644 792 085 | 4/327 Canning Highway, Palmyra WA 6157
1. DEFINITIONS AND INTERPRETATION
"We", "us", "our" and "Entry Point" means New Holland Two Pty Ltd (ABN 59 644 792 085) Trading As Entry Point Distribution. "You", "your" and "Customer"
means the person, company or entity purchasing or requesting goods or services from us. "Goods" means all products, hardware, accessories and materials
supplied by us. Entry Point is a reseller and distributor of third party manufactured products. We do not manufacture, fabricate, engineer or design the goods we
supply. "Supplier" or "Manufacturer" means the third party brand, manufacturer or importer of the goods. "Special Order Goods" means goods ordered specifically
for you that are not held in our standard stock, including but not limited to indent orders, non standard finishes, items sourced from overseas and goods not
ordinarily stocked by us. "Custom Goods" means goods that have been custom manufactured, powdercoated, modified or finished to your specification. "Account
Customer" means a customer who has been approved for trade credit terms, completed an Entry Point Credit Application and been issued an Entry Point account
number. "Schedule" means a door hardware schedule, specification document or product list prepared by us and agreed with you as part of the quotation process.
"ACL" means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth). "PPSA" means the Personal Property
Securities Act 2009 (Cth). "PPSR" means the Personal Property Securities Register established under the PPSA.
2. PRECEDENCE OF TERMS
2.1 These terms apply to all quotations, orders, supply of goods and provision of services by us and form the entire agreement between us in relation to the supply
of goods, together with any quotation, schedule, order confirmation, credit application or invoice issued by us.
2.2 To the extent of any inconsistency between these terms and any terms or conditions contained in your purchase order, request, correspondence or any other
document issued by you (howsoever described), these terms prevail. Any terms or conditions you seek to impose (whether printed on a purchase order or
otherwise) are expressly rejected and have no effect unless we have agreed to them in a separate written instrument signed by a director of Entry Point.
Acceptance of a purchase order by us does not constitute acceptance of your terms.
2.3 Acceptance of goods or services, or payment of any invoice, by you constitutes acceptance of these terms regardless of any contrary provisions in your
documentation.
2.4 In the event of any inconsistency between these terms and a specific written agreement signed by a director of Entry Point, the specific agreement prevails to
the extent of the inconsistency. In the event of any inconsistency between a quotation or schedule and these terms, these terms prevail unless the quotation or
schedule expressly states otherwise.
3. QUOTATIONS AND SPECIFICATIONS
3.1 All quotations are valid for 30 days from the date of issue unless otherwise stated in writing. After this period, pricing is subject to change without notice.
3.2 A quotation is an invitation to treat only and does not constitute an offer or obligation to supply. We reserve the right to withdraw or amend a quotation at any
time prior to our written acceptance of your order.
3.3 All prices quoted are in Australian dollars and include GST unless expressly stated otherwise. Where a purchase order states prices exclusive of GST, GST will
be added to all invoices in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
3.4 Quoted prices are based on supplier pricing current at the date of quotation. In the event of a supplier price increase between the date of quotation and the date
of order, we will notify you of the revised pricing in writing. You will have 5 business days from the date of our notice to accept the revised pricing or cancel the
affected order without penalty. If we do not receive your written response within 5 business days, the order will be deemed cancelled. We are not obligated to
supply goods at the original quoted price where supplier costs have increased.
3.5 Where a schedule or specification has been prepared by us, the products, finishes, quantities and configurations listed form the basis of the quotation and the
agreed scope of supply. It is your responsibility to review and confirm the schedule is correct and complete before placing an order. We accept no liability for errors
or omissions in a schedule that has been reviewed and approved by you or your authorised representative (including your architect, designer or builder).
3.6 Product images, colour swatches, finish samples and specification sheets are provided as a guide only. Minor variations in colour, texture and finish may occur
between samples, images and delivered goods due to manufacturing tolerances, batch variation and screen display differences. Such variations do not constitute a
defect or a failure to match description.
4. ORDERS, ACCEPTANCE AND CANCELLATION
4.1 An order is accepted only when we issue a written order confirmation, invoice or commence supply. Your acceptance of a quotation or submission of a
purchase order does not bind us until we confirm the order.
4.2 Once an order is confirmed, it may not be cancelled or varied without our written consent.
4.3 Special Order Goods and Custom Goods (including custom powdercoated items) cannot be cancelled under any circumstances once the order has been
placed with our supplier. You are liable for the full cost of these goods regardless of whether you proceed with collection or delivery. This is disclosed at the time of
quoting.
4.4 Where we consent to cancellation of standard stock orders, a restocking fee of up to 20% of the order value will apply. This fee is a genuine pre estimate of the
costs incurred by us in processing the cancellation, including but not limited to administrative time, goods inspection and repackaging, return freight, warehousing
and inventory re allocation. Any additional supplier cancellation costs or other costs directly incurred will be charged separately and supported by documentation on
request.
4.5 Your right to cancel does not arise solely because goods have not yet been shipped or delivered. Once confirmed, the order is a binding commitment.
5. LEAD TIMES AND DELIVERY
5.1 We will use reasonable efforts to fulfil orders within quoted lead times, however lead times are estimates only and are not guaranteed. Lead times depend on
supplier and manufacturer availability and may change after the date of quotation.
5.2 Time is not of the essence in respect of delivery unless expressly agreed in a separate written instrument signed by a director of Entry Point. We are not liable
for any loss, damage, cost or expense (including project delays, liquidated damages, consequential loss, penalties or back charges imposed by third parties)
arising from delays in supply.
5.3 Goods may be collected from our premises or delivered to a nominated address within the Perth metropolitan area. Delivery charges may apply.
5.4 You must inspect all goods at the time of collection or delivery. Any damage, shortage or discrepancy must be reported to us in writing within 48 hours of
receipt. Failure to do so constitutes acceptance of the goods in the condition and quantities received and a waiver of any claim for shortage or visible damage.
5.5 If goods are not collected within 14 days of notification that they are ready, we may charge a storage fee of $5.00 per day (inc GST). Goods not collected within
60 days may be disposed of or resold at our discretion and any monies paid will be forfeited.
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6. PAYMENT
Account Customers
6.1 Approved Account Customers are granted payment terms of 30 days from end of month in which the invoice is dated, unless otherwise agreed in writing signed
by a director of Entry Point. Account terms are subject to ongoing credit approval and may be varied or withdrawn at our discretion. Payment terms stated on your
purchase order do not apply unless expressly accepted by us in writing.
6.2 Trade credit is granted on the basis of a completed Entry Point Credit Application which incorporates these terms by reference. Approval of a credit application
does not oblige us to extend credit on any particular order.
6.3 We may require a personal guarantee from a director of the Customer as a condition of granting or continuing trade credit. The form of guarantee will be
provided as part of the credit application process.
Non Account Customers
6.4 Non Account Customers are required to pay a minimum of 50% deposit at the time of order, with the balance payable prior to collection or delivery. Full
payment may be required upfront at our discretion.
6.5 We are not obligated to order, reserve or dispatch goods until payment or deposit has been received in cleared funds.
General
6.6 We reserve the right to charge interest on overdue amounts at the rate of 2% per month (or part thereof) calculated from the due date until the date of payment
in full.
6.7 We reserve the right to suspend supply, withhold deliveries and revoke credit terms if any amount remains overdue.
6.8 You are liable for all costs and expenses incurred by us in recovering overdue amounts, including debt collection agency fees, legal costs (on a solicitor and
own client basis) and any associated disbursements.
6.9 You may not withhold, set off or deduct any amount from payments due to us for any reason, including but not limited to alleged defects, claims, back charges,
retention, liquidated damages, penalties or counterclaims, unless we have agreed to the deduction in writing signed by a director of Entry Point. All invoices must
be paid in full by the due date. Disputes must be raised separately and do not entitle you to withhold payment.
6.10 Payment may be made by bank transfer, credit card or other methods as agreed. Credit card payments may incur a surcharge.
7. RISK AND RETENTION OF TITLE
7.1 Risk in the goods passes to you on delivery or collection, whichever occurs first.
7.2 Title (ownership) of the goods remains with us until we have received payment in full for all goods and all other amounts owing to us by you on any account.
Until title passes, you hold the goods as our fiduciary agent and bailee and must store them separately and in a manner that clearly identifies them as our property.
7.3 If you fail to make payment when due, we may (without prejudice to our other rights) enter any premises where the goods are stored and repossess them. You
irrevocably authorise us to do so and indemnify us against any claim, loss or damage arising from such entry and repossession.
7.4 You must not sell, dispose of, or grant any security interest over the goods until title has passed to you, except in the ordinary course of your business. If you do
resell the goods before title passes, you hold the proceeds of sale on trust for us in a separate identifiable account and must account to us on demand.
7.5 You must not allow the goods to become an accession to or commingled with other property in a manner that would defeat our retention of title interest.
8. RETURNS AND REFUNDS
8.1 Standard stock goods in original, unopened and undamaged packaging may be returned within 30 days of purchase for a full refund, unless otherwise agreed.
Goods must be accompanied by proof of purchase and a returns authorisation obtained from us prior to return.
8.2 Special Order Goods and Custom Goods (including custom powdercoated items) are non returnable and non refundable under any circumstances, except
where the goods are defective or do not match the agreed specification. This is disclosed at the time of quoting and ordering.
8.3 We do not accept returns on goods that have been installed, modified, damaged after delivery, or returned without prior written authorisation.
8.4 Nothing in these terms excludes, restricts or modifies any consumer guarantee under the ACL. If goods are defective, not fit for purpose, or do not match their
description, your rights under the ACL apply regardless of these terms.
9. WARRANTIES AND DEFECTIVE GOODS
Reseller Status
9.1 Entry Point is a reseller and distributor of third party manufactured products. We do not manufacture the goods we supply. All warranty obligations in respect of
the goods are those of the relevant manufacturer or supplier, not Entry Point, except to the extent required by law.
Manufacturer Warranty (Pass Through)
9.2 We pass through to you any manufacturer warranty applicable to the goods at the time of sale. Warranty terms, coverage and duration vary between suppliers
and between products within a supplier's range. Mechanical warranties and finish warranties are typically separate and may differ in duration and scope.
9.3 Warranty information for each product and supplier is available on our website (entry-point.com.au), on the relevant supplier's website, and in any product
brochures, specification sheets or certification documents provided to you at the time of specification or sale. It is your responsibility to review the applicable
warranty terms for the products you are purchasing before placing an order.
9.4 Warranty claims are handled in accordance with the relevant manufacturer's warranty policy. We will assist you in lodging warranty claims with the
manufacturer, however the assessment, approval and resolution of warranty claims is ultimately determined by the manufacturer. We will use reasonable efforts to
facilitate a timely outcome.
No Additional Warranty from Entry Point
9.5 Except as required by the ACL, Entry Point does not provide any warranty, guarantee, representation or condition of any kind in respect of the goods, whether
express or implied, including but not limited to any implied warranty of merchantability or fitness for a particular purpose. Any warranty period stated or implied in
your purchase order, contract or other documentation (including any default 12 month period or defect liability period) does not create or extend any warranty
obligation on Entry Point beyond the manufacturer's warranty unless we have expressly agreed to it in a separate written instrument signed by a director of Entry
Point.
Consumer Guarantees (Australian Consumer Law)
9.6 Where the ACL applies, our goods come with guarantees that cannot be excluded. You are entitled to a replacement or refund for a major failure and
compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of
acceptable quality and the failure does not amount to a major failure. These guarantees apply for a reasonable period having regard to the nature of the goods,
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which may extend beyond the manufacturer's stated warranty period.
Defective Goods Process
9.7 If goods are defective on arrival or become defective within the applicable warranty period through no fault of the user, contact us with your proof of purchase, a
description of the defect and photographs where possible. We will assess the claim and, where appropriate, arrange a replacement, repair or refund in accordance
with the manufacturer's warranty and/or the ACL.
Warranty Exclusions
9.8 Warranty does not cover damage or defects caused by: (a) misuse or abuse; (b) improper installation including failure to follow manufacturer installation
instructions; (c) modification or alteration; (d) neglect or lack of maintenance; (e) normal wear and tear; (f) exposure to conditions outside the product's intended
use, including but not limited to coastal, marine or corrosive environments where the product is not rated for such exposure; (g) use of incompatible cleaning
agents, chemicals or abrasive materials; (h) failure to follow the manufacturer's care and maintenance instructions; or (i) any other cause not attributable to a
manufacturing defect.
9.9 Where finish warranty is provided by the manufacturer, it applies only when the product has been installed, maintained and cleaned in accordance with the
manufacturer's care instructions. Failure to follow care instructions may void the finish warranty. Care instructions are available from us on request and on the
relevant supplier's website.
Supplier Indemnification
9.10 Where we provide a remedy to you under a consumer guarantee and the failure was caused by the manufacturer, we reserve all rights to seek indemnification
from the manufacturer under section 274 of the ACL, including the cost of the remedy and any associated expenses.
10. INDEMNITY AND LIMITATION OF LIABILITY
10.1 To the maximum extent permitted by law, our total aggregate liability to you for all claims arising out of or in connection with these terms, the goods or our
services, whether in contract, tort (including negligence), under statute or otherwise, is limited to the price paid by you for the specific goods giving rise to the claim.
10.2 To the maximum extent permitted by law, we exclude all liability for any indirect, consequential, special or incidental loss or damage, including but not limited
to loss of profit, loss of revenue, loss of business opportunity, project delays, liquidated damages, penalties, rectification costs, removal costs, installation costs, site
access costs and costs of substitute goods, howsoever arising and whether or not foreseeable.
10.3 We do not indemnify you (or any third party) for any costs, losses, damages, claims or expenses arising from or connected with the goods or our services. Any
indemnity, hold harmless, consequential loss or similar clause contained in your purchase order, contract, subcontract or other documentation does not bind us
unless expressly agreed in a separate written instrument signed by a director of Entry Point.
10.4 We are not liable for any loss or damage arising from: (a) reliance on product information, specifications, finish samples or images; (b) incorrect product
selection or specification; (c) ordering errors where you have approved the schedule, quotation or order; or (d) your failure to verify that the goods are suitable for
the intended application, environment or purpose.
Door Scheduling and Specification Service
10.5 Where we provide a door scheduling or hardware specification service, this is provided as a recommendation based on the information supplied by you. The
schedule is advisory only and must be reviewed, verified and approved by you (and where applicable, your architect, designer or builder) before ordering. We are
not liable for errors, omissions or unsuitability in a schedule that has been approved by you. You are responsible for confirming that all products specified are
suitable for the intended application, door type, fire rating (if applicable) and environmental conditions.
11. PERSONAL PROPERTY SECURITIES ACT (PPSA)
11.1 You acknowledge that these terms create a security agreement for the purposes of the PPSA and grant us a purchase money security interest (PMSI) in all
goods supplied by us and their proceeds. You consent to us registering one or more financing statements on the PPSR in respect of the security interest created by
these terms and agree to provide all information and do all things reasonably required by us to ensure that our security interest is a perfected security interest and
maintains its priority.
11.2 We may register our security interest at any time, including before the first supply of goods. You agree that we may register a financing statement prior to the
supply of goods and that such registration does not oblige us to supply goods.
11.3 To the extent permitted by law, you waive your rights to receive any notice under the PPSA (including under sections 95, 118, 121(4), 125, 130, 132(3)(d),
132(4), 135, 142 and 143) and any other right capable of being waived under section 115 of the PPSA.
11.4 You must not register a financing statement or a financing change statement in respect of a security interest contemplated or constituted by these terms
without our prior written consent.
11.5 You must immediately notify us if you change your name, ABN, ACN or other details that may affect a registration on the PPSR.
12. FORCE MAJEURE
12.1 We are not liable for any delay or failure to perform our obligations under these terms to the extent that the delay or failure is caused by a Force Majeure
Event, which means any event beyond our reasonable control including but not limited to: acts of God, natural disaster, pandemic, epidemic, fire, flood, storm,
earthquake; government action, sanctions, embargo, import or export restrictions; war, terrorism, civil unrest; disruption to manufacturing, supply chains, shipping
or transport; labour disputes, strikes or lockouts; failure or shortage of power, telecommunications or IT systems; or supplier insolvency or default.
12.2 If a Force Majeure Event continues for more than 90 days, either party may terminate the affected order by written notice without liability.
13. DISPUTE RESOLUTION
13.1 If a dispute arises, a party must give written notice to the other party setting out the nature of the dispute.
13.2 The parties must first attempt to resolve the dispute by negotiation in good faith within 14 days of the dispute notice.
13.3 If the dispute is not resolved by negotiation, the parties agree to submit the dispute to mediation administered by the Resolution Institute (or its successor)
before commencing court proceedings, unless a party seeks urgent interlocutory relief.
13.4 Nothing in this clause prevents us from commencing proceedings to recover overdue amounts or to exercise our rights under clauses 7 (Retention of Title) or
11 (PPSA) at any time.
14. PRIVACY
14.1 We collect, hold, use and disclose personal information in accordance with the Australian Privacy Principles under the Privacy Act 1988 (Cth) and our Privacy
Policy (available on our website). You consent to us collecting and using your personal information for the purposes of processing your orders, managing your
account, credit assessment, debt recovery, PPSR registration and direct marketing (which you may opt out of at any time).
15. GENERAL
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15.1 These terms are governed by the laws of Western Australia. You submit to the non exclusive jurisdiction of the courts of Western Australia and any courts
entitled to hear appeals from those courts.
15.2 If any provision of these terms is found to be invalid, illegal or unenforceable, it will be read down to the extent necessary to make it valid, legal and
enforceable. If it cannot be read down, it will be severed and the remaining provisions continue in full force.
15.3 Our failure or delay in exercising any right or provision of these terms does not constitute a waiver of that right or provision, nor does any single or partial
exercise preclude further exercise of any right.
15.4 We may amend these terms at any time by publishing amended terms on our website. The terms in effect at the date of your order apply to that order.
15.5 We may assign, novate or subcontract any of our rights or obligations under these terms without your consent. You may not assign your rights without our
prior written consent.
15.6 Each indemnity in these terms is a continuing obligation, separate and independent from the other obligations of the parties and survives termination of any
agreement between us.
15.7 A notice under these terms must be in writing and delivered by hand, prepaid post or email to the address last notified by the recipient. Notice is deemed
received on delivery (hand), 3 business days after posting (post) or on transmission (email, unless a delivery failure notification is received).
By placing an order with Entry Point, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions of Sale