Terms & Conditions

These terms of use (Terms) govern your use of the East West Engineering Website and all related sites including but not limited to eastwesteng.com.au (the Website). Please read these Terms carefully. 

ACCEPTANCE OF TERMS

BY USING THE WEBSITE YOU ARE ACCEPTING AND AGREEING TO THE TERMS, CONDITIONS AND DISCLAIMERS contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.East West Engineering reserves the right to change these Terms at any time.  Please check at regular intervals for any changes. Continued use of the Website following any change to these Terms will be deemed acceptance of those changes.

OWNERSHIP

The Website and all content is operated and owned by East West Engineering (ABN 13 002 235 332), 22 Clearview Place, Brookvale, NSW, 2100.

PRICING

All prices on the Website are displayed in Australian dollars and you will be charged in Australian dollars. Pricing is subject to change without prior notice.

TERMS OF TRADE AND CONDITIONS OF SALE

1. East West Engineering (EWE) products are to be used only as indicated.  Misuse or misapplication may cause failure resulting in possible property damage or bodily injury.
2. It is the obligation of the user to ensure EWE products are used in accordance with appropriate Codes and System requirements.
3. All liability for EWE products performance is disclaimed and the warranty will be voided if any of the following conditions exist:
• The product is used beyond the published or stated rate load limit.  Note all ratings are for static conditions and do not account for dynamic loading such as wind, water or seismic loads.
• The product is not properly installed as per published or stated instructions
• The loading to the product is not vertical
• The product is deformed or stressed in any way during fitting or installation.
• The product is used in a corrosive environment.
4. All safety regulations required by the user must be observed
5. Custom builds cannot be cancelled after order placement.
6. EWE products at the time of dispatch are warranted to be free of defects in material or workmanship. NO OTHER WARRANTY EXPRESSED OR IMPLIED SHALL EXIST IN CONNECTION WITH THE SALE OR USE OF EWE PRODUCTS. Claims for errors, shortages, defects or non-conformities ascertainable upon inspection must be made in writing within 15 days after buyer’s receipt of products.  All other claims must be made to EWE within 12 months.  Products claimed nonconforming or defective must upon EWE’s request promptly be returned for inspection.  Claims not made as provided above and within the applicable time period will be barred.  EWE shall in no event be responsible if the products have not been used in accordance with the specifications and/or recommended procedures.  EWE will, at its option either repair or replace nonconforming or defective products for which it is responsible or return to buyer their purchase price.  The foregoing states buyer’s exclusive remedy for any breach of EWE warranty and for any claim, whether sounding in contracts, tort or negligence for loss or injury caused by the sale or use of any product. Without limiting the generality of the foregoing EWE shall in no way be responsible for any loss of business or profits, downtime or delay, labour, repair or material cost or any similar or dissimilar consequential loss or damage incurred by the Buyer.
7. Examine goods immediately upon receipt and advise any damage or shortage to carriers and ourselves within 15 days, otherwise no claim whatever will be considered.  Provided advice is given within the prescribed time, we will make good any shortage and will repair or replace free of charge goods damaged in transit where we are responsible for delivery of the goods.
8. Returning of goods within 2 months of the EWE dispatch date, will be accepted only upon issue of a Return Goods Form (RGF). Goods must be unused and undamaged, restocking fees may apply. Special builds and freight charges are non-refundable. Return freight arrangements, including costs, cannot be reclaimed on EWE. Goods outside this period will not be considered for return.
9. If goods are not received within 14 days from receipt of invoice, please advise us in writing.
10. If any error is discovered in this invoicing, please notify supplying branch at once for correction.
11. Property and Payment – By acceptance of delivery and retention of the goods it is acknowledged that the property of the goods remains with EWE and that legal title thereto will not pass until payment is made but that nevertheless the goods are at your risk after delivery.  In the event that payment is not made within 30 days of delivery, or other agreed terms, full licence and authority is given to EWE to enter any premises where the goods are stored and to recover possession of them. In the event of the sale of the goods prior to payment, the proceeds of sale belong to EWE.
12. Terms of Payment – Unless credit has been arranged strictly net cash; if credit has been arranged payment must be made by the 25th day of the month, following the month appearing in the date on the invoice.
13. East West Engineering reserves the right to alter specifications, designs and price without notification.

SHIPPING AND DELIVERY POLICY

East West Engineering can provide transport options for delivery of our products within Australia. Delivery charges are based on delivery location and vary from product to product. Exact shipping costs are calculated on the checkout page prior to processing of payment. Examine goods immediately upon receipt and advise any damage or shortage to carriers and ourselves within 15 days, otherwise no claim will be considered. Provided advice is given within the prescribed time, we will make good any shortage and will repair or replace free of charge goods damaged in transit where we are responsible for delivery of the goods.

REFUNDS AND RETURNS POLICY

Returning of goods within 2 months of the East West Engineering dispatch date will be accepted only upon issue of a Return Goods Form (RGF). Goods must be unused and undamaged. Restocking fees may apply. Special builds and freight charges are non-refundable. Return freight arrangements, including costs, cannot be reclaimed on East West Engineering. Goods outside this period will not be considered for return.

ADVICE

The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making any decision.

CHANGES TO WEBSITE

East West Engineering reserves the right to:

1. change or remove (temporarily or permanently) the Website or any part of it without notice or liability; and
2. change these Terms and Conditions at any time, and your continued use of the Website following any change will be deemed acceptance of those changes.

USE OF WEBSITE

When you access the Website, you agree that you do so on the following conditions: You may only use the Website and the Content on the Website for personal purposes unless East West Engineering provides express written consent.

You must not:

• Access or attempt to access any part of the Website which is not designated for access by your password. (where applicable)
• By any means copy, reproduce, republish, adapt, upload, link, post, frame, translate, transmit or distribute any part of the Website or any Content contained on the Website;
• Use the Website or any Content in any way that is unlawful, illegal or breaches the rights of East West Engineering or any third party;
• Post, or transmit to the Website any abusive, obscene, threatening, defamatory, illegal or otherwise inappropriate material;
• Do anything that imposes an unreasonable or disproportionately large load on the Website, or interferes or disrupts the Website or any network or other website connected to the Website;
• Breach the security of the Website, test or scan the vulnerability of the Website, or make any unauthorised modifications to the Website;
• Interfere with any other persons use or enjoyment of the Website;
• Use any robot, spider, scraping device, deep link, or any other automatic tool or algorithm, or any manual process that performs the same function, to copy or use any content or any part of the content on the Website, or to reproduce or separately store or use such content;
• Post or transmit any materials to the Website which breaches any laws relating to a person’s right to privacy or the export of personal data;
• Post or transmit any materials to the Website which is incorrect or misleading;
• Use the Website in any way that otherwise breaches these terms.

THIRD PARTY WEBSITES

The Website may contain links to other websites that are controlled and maintained by third parties (Third Party Websites). East West Engineering is not responsible for any content on Third Party Websites, nor does it endorse or approve such websites.  If you choose to visit these Third Party Websites you do so at your own risk and should make your own enquiries before relying on any content on such Third Party Websites. East West Engineering makes no representations about the quality or accuracy of material available on Third Party Websites, or that such material does not infringe the intellectual property rights of a third party.

PRIVACY OF YOUR PERSONAL INFORMATION

Please refer to our Privacy Policy for further information regarding the privacy of your personal information and the use of this site.

INTELLECTUAL PROPERTY

Unless otherwise indicated, East West Engineering owns all copyright of the material on the Website. All registered or unregistered trademarks used on the Website are the property of their respective owners.All copyright, data, text, software, images, graphics, product drawings, product designs, trademarks, logos, interfaces, photographs, and other intellectual property (Content) on the Website is owned, controlled by, or licensed to East West Engineering. Except for viewing the content for your own personal non-commercial use, East West Engineering does not grant you any rights to use the Website or content for any other purpose unless it expressly consents in writing. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading of product specifications expressly available for download by registered customers.

DISCLAIMERS AND LIMITATION OF LIABILITY

1. The Website is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
2. To the extent permitted by law, East West Engineering will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
3. East West Engineering makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
4. Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of East West Engineering for death or personal injury as a result of the negligence of East West Engineering or that of its employees or agents.

INDEMNITY

You agree to indemnify and hold
East West Engineering and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against East West Engineering arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

SEVERANCE

If any of provision of these Terms and Conditions is found to be invalid or unenforceable by a court of law, it may be severed and will not affect the remainder of the agreement, which will continue in full force and effect and these terms will be deemed amended to replace, to the extent legally permitted, the rights and obligations contained in the invalid, illegal, or unenforceable provision. The invalidity, illegality, or unenforceability of any provision of these Terms will not constitute failure of consideration.

GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the law of Australia and you hereby submit to the exclusive jurisdiction of the Australian courts.