The terms and conditions set out below (“Terms and Conditions”) govern your use of the www.extinguishers4u.com.au website (“Site”). By using the Site, you must accept and abide by the Terms and Conditions. If you do not accept the Terms and Conditions, you are not permitted to use the Site and you must refrain from using it further.

The Site is owned and operated by Extinguisher Wholesale and Safety and its Australian subsidiaries (“EXTINGSUIHSERS4U.COM.AU”).

In these conditions of sale: “The Company” means Extinguisher Wholesaler & Safety)
ABN: 19 622 857 041 

“The Buyer” means the person, firm or company ordering or buying goods from the company. If you have any queries or complaints regarding the Site or the Terms and Conditions then you can contact the Customer Support team on sales@extinguishers4u.com.au.

Use of the Site

The use of the Site by you must be for purposes permitted by the Terms and Conditions as documented below. You are solely responsible for all equipment and software used to access the Site.

You must not:

• use the Site directly or indirectly for any activity which breaches any laws, infringes a third party’s rights, is unlawful, or breaches the Terms and Conditions;
• use the Site directly or indirectly to post or transmit any information or material unlawfully, or which is obscene, indecent, uses offensive language, defames, abuses, harasses, stalks, threatens, menaces, offends or restricts any person, or which prevents any other user from using or enjoying the Site or which is false, misleading or deceptive in any way;
• use the Site directly or indirectly, or use any service provided on the Site, to conduct surveys, contests, pyramid schemes, or send chain letters, junk email or any other duplicative or unsolicited messages (commercial or otherwise);
• attempt to gain unauthorised access to the Site or use another persons name, registration account or password for any reason;
• create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message; • tamper with, hinder the operation of or make unauthorised modifications to the Site;
• knowingly transmit any virus or other disabling feature to the Site; or
• Collect information about others, including email addresses, without their consent.

Limitation of liability and Disclaimer

The Site is a platform for advertising only.
To the extent permitted by law, Extinguisher Wholesale and Safety and its information contributors and associated service providers exclude all warranties, including without limitation, as to the availability, accuracy, completeness, currency or reliability of the information or services, including services of any third party, that are made available via the Site.

Extinguisher Wholesale and Safety does not investigate or endorse any dealers or private users who advertise on the Site or any products and/or services offered for sale by them. The availability of information through the Site does not constitute advice about the appropriateness, value or suitability of any service or product, any particular transaction or course of action nor does it constitute any recommendation or endorsement by Extinguisher Wholesale and Safety of any service or product or to you to enter into any transaction or follow any course of action.

Any decision that you make about any services or products offered through the Site must be based solely on your own evaluation of your circumstances and objectives and of the product and of its true value.

Extinguisher Wholesaler and Safety recommends that you independently verify the accuracy, currency or reliability of any information made available via the Site and upon which you intend to rely. The Site and information available on it are provided on an “as is” basis. Extinguisher Wholesale and Safety makes no warranty that the Site will be free from viruses or any kind of malicious code whatsoever.

To the extent permitted by law, all implied warranties, conditions and representations about or in relation to:

• the Site;
• information contained on the Site;
• the services or products made available through the Site;
• the availability of the Site; and
• your use of the Site, are excluded. If a term is implied by law into the Terms and Conditions and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in the Terms and Conditions.

However Extinguisher Wholesale and Safety’s liability for breach of such term will, to the extent permitted by law, be limited, at Extinguisher Wholesale and Safety’s option, to:

1: in relation to goods, at Extinguisher Wholesale and Safety’s option:

• repair and return of the goods to you;
• refund to you of the cost of replacing the goods or of acquiring equivalent goods; or
• if the product is still available, replacement of the goods with equivalent goods; or

2. in relation to services, at Extinguisher Wholesaler Exchange’s option: a. supply of the services again; or b. refund to you of the cost of having the services supplied again.

To the extent permitted by the law and except as provided in the General Terms and Conditions, Extinguisher Wholesale and Safety (and its officers, employees, agents or related bodies corporate) exclude all liabilities (including in contract, for negligence or otherwise) for any loss, damage, costs or expenses suffered by you or claims made against you in connection with, however caused:

• your use of the Site;
• any lack of availability, interruption, delay in operation, virus, internet access difficulties, or equipment malfunction in relation to the Site;
• any goods or services supplied, offered or advertised on the Site
• your purchase of any goods or services offered for sale on the Site.

Registration Information
When registering on the Site, you must ensure that all information you provide is authentic, accurate and current. You must also agree to ensure your details are updated if you change your details during the period of your membership.
Username and Password
It is your responsibility to take the safest methods for the security of your login (email address) and your password. Any activity undertaken with your login details are your responsibility. If you think that your details may have been used by someone else then you must change your password immediately and notify Customer Support as soon as possible.

You agree to indemnify Extinguisher Wholesale and Safety against any and all claims arising out of your failure to maintain the confidentiality of your username and password.

Online Payments

• Credit card, direct debit payments that are made on the Site, are processed by an independent third party service provider.
• You consent to disclosure of relevant information about you to that provider is on a confidential basis.
• If you wish to obtain further information about the provider, then contact Extinguisher Wholesale and safety in accordance with the Privacy Statement.
• To the extent permitted by law, Extinguisher Wholesale and Safety excludes all liability in relation to those payments and the services provided by that third party.

Shipping Charges and Limited Liabilities

The trader does not have to provide a refund if you: (iii) were responsible for damaging the item by not following the instructions or misusing the product (iv) have changed your mind (v) knew, or should have known, about a fault when you purchased the item (eg. if the product was marked as a second*)

It is the responsibility of the buyer to: (vi) Ensure that any items returned are properly insured. (vii) Ensure all goods returned must have a copy of the original invoice enclosed with the returned goods and the authorisation number issued by the company.

Unless otherwise specified the prices quoted are for delivery to a single address. The company and the buyer expressly agree that until the company has been paid in full for the goods comprised on this or any other sales contracted between them full legal title remains with the company.

• Not withstanding the preceding condition all risk in respect of the goods shall be assumed by the buyer upon delivery of the same.
• The buyer shall examine the goods immediately that the goods are delivered. The company reserves the right to reject claims in respect of shortages or damage in transit or non-delivery 7 days after the due date of delivery.
• Whilst the company will use its best endeavours to deliver the goods in accordance with the buyers requirements, the company will not be liable for any items lost or damaged in transit
• Goods returned must be as originally supplied by the company.
• The company guarantees to the buyer that the goods will be free from defects caused by faulty materials or poor workmanship for a period no longer than three months from the date of delivery.

Under this guarantee the company will at its discretion repair, replace or issue a credit to the buyer for any goods found to be defective by reason of faulty materials or by poor workmanship, provided that:- (i) The company is notified within 7 days of the buyer first discovering any such defects and in any event no later than the minimum warranty period from the date of dispatch. (iii) The defective goods are returned to the company, transportation charges being pre-paid by the buyer to arrive at the company by 5pm on the last day of the warranty period. If after examination by the company of such goods discloses to its satisfaction that such defects exist and have not been caused by misuse, neglect, accident, improper storage, installation or handling, or by repair or alteration not effected by the company. The company’s liability to the buyer in either contract or documented support emails shall not extend either under this condition or any other provision or in any circumstances at all to indirect or consequential loss or damage or loss of profits sustained by the buyer provided always that this condition shall not exclude or restrict for death or personal injury arising from its negligence. Goods being returned will only be accepted with the returns authorisation number issued by the company clearly labeled on the outer packaging.
Intellectual Property
You acknowledge that copyright, trade marks and all other intellectual property rights (“IP Rights”) in the Site and in the software, text, graphics and other material displayed or available through the Site (“Content”) belongs to Extinguisher Wholesale and Safety or its licensors.

Force Majeure
If events occur which are in the nature of force Majeure including (and without prejudice to the generality of the foregoing) fire, floods, storm, technical failure, plant breakdown, strikes, lock-outs, riots, hostilities, non-availability of materials or supplies or any other event outside the control of the company the company reserves the right to cancel, vary or suspend the operation or contract of sales and the company shall not be held liable for any breach of contract resulting from any such event.