Terms & Conditions

Definitions
"User" means the person or entity using the website.
"Owner" means the company that owns the website, Central Queensland Distributors Pty Ltd
"Service Provider" means the company providing the website content management system and hosting services to the Owner for the website.
"Website" means "http://www.cqd.com.au/"

This site at www.cqd.com ("Site") is a shopping website where you can browse, select and order products from Central Queensland Distributors Pty Ltd ("CQD").

Application of Terms & Conditions

  • Your access to and use of the Site, including your order of goods and/or services (each a "Product") through the Site, is subject to these terms of use. You agree to bound by, and comply with, these terms of use by using the Site, including using the Site to obtain Products from us.
  • CQD may change these terms of use at any time, and such modifications will be effective as soon as they are posted. By continuing to use the Site after these terms of use have been modified, you agree to be bound by the changes to these terms of use.
  • These terms and conditions of sale replace in their entirety any previous terms and conditions of sale published, issued or used by Central Queensland Distributors or any division or subsidiary Central Queensland Distributors.
  • These terms & conditions of sale apply to and govern all tenders and quotations submitted by, all orders placed with, and all contracts entered into by Central Queensland Distributors (CQD) whereby goods and/or services are supplied, provided and/or delivered by CQD ("Agreement").
  • Any Agreement may be varied only with CQD's prior written consent.
  • Any order or offer made by any purchaser shall not be binding on CQD until accepted by CQD in writing or in such manner as CQD in its sole discretion determines.
  • A tender or quotation submitted by CQD may at any time prior to acceptance of an offer by CQD in respect of the supply of goods and/or services be varied or withdrawn by CQD. Clerical, typing or other errors made in, or in respect of, any tender or quotation shall be subject to correction by CQD and the corrected tender of quotation shall apply.
  • To the extent that there is any inconsistency existing between any terms and conditions appearing in a purchaser's order and these terms and conditions of sale then these terms and conditions shall be paramount and prevail.
  • The acceptance by a purchaser of the supply by CQD of goods and/or services the subject of such an order shall constitute an acceptance by the purchaser of the supply by CQD of such goods and/or services solely on these terms and conditions of sale.
  • Orders cannot be cancelled except by arrangement and agreement by CQD and then only on terms that indemnify CQD against loss

Registration

  • You must complete the customer registration process through the Site before placing an order for Products through the Site. Any personal information that you give CQD will be held and used by CQD in accordance with its Privacy Policy.
  • If you choose to use a workplace email address for your account or to access the Site, then you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your email address and your workplace facilities.

Placing an Order

  • You may place an order for a Product through the Site or such other mechanism as CQD notifies you from time to time or as otherwise agreed. Each order placed by you that CQD accepts results in a separate binding agreement between you and CQD for the supply of the Products specified in that order on these terms of use, CQD's terms and conditions of sale ("Sale Terms", a copy of which is available at www.cqd.com).
  • To the extent that there is any inconsistency existing between:
    • the Sale Terms; and
    • these terms of use,
  • then the document listed earlier in this clause "Placing an Order (b)" prevails to the extent of the inconsistency. Your acceptance of the Products the subject of such an order shall constitute an acceptance by you of the supply by CQD of such Products solely on these terms of use.
  • The terms of use that apply at the time you place an order will apply to an existing order that has been accepted by us. CQD may vary these terms of use for future orders.

Cancellation of Orders

  • CQD may cancel an order (including any orders that CQD has accepted) or any part of an order without any liability to you for that cancellation at any time if:
    • the Products that you order are not available;
    • there is an error in the price or product description posted on the Site for that Product in that order; or
  • CQD reasonably believes your order has been placed in breach of these terms of use, the Sale Terms or the Agreement.
  • In the circumstances referred to in clause "Cancellation of Orders(a)(i)" and "Cancellation of Orders(a)(ii)" above, CQD will not charge you any fees and charges for the cancelled order.
  • You agree that, subject to clause "Cancellation of Orders (b)", CQD may charge you for all Products that CQD agrees to supply to you that have been ordered using your login identification details or account and password through the Site.

General Restrictions
You must not:

  • use the Site for any activities that breach any laws, infringe a third party?s rights or are contrary to any relevant standards or codes;
  • use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or CQD other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;
  • make fraudulent or speculative enquiries, purchases or requests through the Site;
  • use another person?s details without their permission or impersonate another person when using the Site;
  • post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
  • tamper with or hinder the operation of the Site;
  • knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
  • use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
  • modify, adapt, translate or reverse engineer any portion of the Site;
  • remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
  • or frame any portion of the web pages that are part of the Site;
  • create accounts by automated means or under false or fraudulent pretences;
  • use the Site to violate the security of any computer or other network or engage in illegal conduct;
  • take any action that imposes or that would, in CQD's reasonable opinion, result in an unreasonable or disproportionately large load on CQD's infrastructure;
  • use the Site other than in accordance with these terms of use; or
  • attempt any of the above acts or engage or permit another person to do any of the above acts.

Your General Obligations

  • You must ensure that your login identification details and password that are used to access the Site and the details of your account are kept in a safe and secure manner;
  • You must notify CQD if you are or become aware that there is or has been an unauthorised use of your login identification details and password or account, or any other security breach relating to your account;
  • You must promptly advise CQD of any changes to your information provided to CQD as part of the customer registration process;
  • You are responsible for any costs associated with your access to or use of the Site, including internet access fees;
  • are responsible and liable for any person that uses your login identification details and password or account to order Product(s) through the Site; and

Warranties and Liability

  • You warrant that:
    • all information and data provided by you to CQD through the Site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date; and
    • you have and will comply with all relevant laws relating to your use of the Site and your placement of any order to us.
    • To the maximum extent permitted by law, CQD excludes completely all liability to any person for loss or damage of any kind (however caused, including by negligence) arising from or relating in any way to the material available on the Site and/or any use of the Site ("Services"). Where any law implies a warranty into these terms of use which may not lawfully be excluded, then to the maximum extent permitted by law, CQD's liability for breach of the warranty will at CQD's option be limited to the supply of the Services again, or the payment of the cost of having them supplied again.
  • To the maximum extent permitted by law, CQD excludes completely all liability to any person for loss or damage of any kind (however caused, including by negligence) arising from or relating in any way to the material available on the Site and/or any use of the Site ("Services"). Where any law implies a warranty into these terms of use which may not lawfully be excluded, then to the maximum extent permitted by law, CQD's liability for breach of the warranty will at CQD's option be limited to the supply of the Services again, or the payment of the cost of having them supplied again.

Intellectual Property
Unless otherwise indicated, CQD reserves all copyright in the content and design of the Site. CQD owns all such copyright or uses it under licence or applicable law. You may make a temporary copy of part or all of the Site on your local computer for the sole purpose of viewing it, and print a single hard copy of a whole page of the Site for personal use, provided that any copyright notice on such page is not removed. You may not, in any form, or by any means:

  • otherwise reproduce, adapt, store in a retrieval system, transmit, print, display, perform, publish or create derivative works from any part of the content or design of the Site;
  • any of the material available on the Site to be framed or embedded in another website; or
  • commercialise any information, products or services on the Site, except with CQD's prior consent written or as permitted by applicable copyright legislation.

Period of the Quotation or Tender
Subject to clause 1(e) a quotation or tender submitted by CQD shall remain valid for 30 days from the date of such quotation or tender.

Price

  • The prices quoted by CQD for the supply of goods and/or services include goods and services tax. (GST) 
  • Any additions or increases in the cost of the supply of goods and/or services as a result of any additions or increases in charges, taxes (including the rate of GST) or costs associated with manufacture or supply of goods and/or services by CQD, including without limitation increases due to variations in exchange rates, the cost of materials or labour and/or the cost of conforming with any relevant legislation, court orders, regulations or bylaws, between the date of CQD's acceptance of the purchaser's order and the date of supply of the relevant goods and/or services shall be borne by the purchaser.
  • Unless otherwise stipulated all references to dollars are references to the lawful currency of Australia.

Payment

  • The purchaser shall be invoiced at the time of delivery of goods or supply of services or when the purchaser is notified that the goods are
    available for despatch as the case may be
  • All invoices shall be due and payable within 30 days from date of invoice, or as CQD in its sole discretion considers appropriate
  • The purchaser shall pay an account fee to CQD on all moneys outstanding from the date 90 days after the date of invoice (the invoice date) of 2.5%. Payments received by CQD shall be credited first against any account fees accrued.
  • The purchaser shall not (nor shall it be entitled to) set off or deduct from the amount payable to CQD under any Agreement, any amounts payable by CQD to the purchase under these terms and conditions of sale or any Agreement.
  • Any and all expenses, costs and disbursements incurred by CQD in recovering any outstanding monies including debt collection agency fees and solicitors costs shall be paid by the customer
  • If any part of the amount owing to CQD is at any one time overdue, then the whole amount owing to CQD at that time is deemed due and payable.

 

 Delivery

  • Unless otherwise agreed, where the purchaser has nominated an address for delivery, CQD shall deliver the goods to that nominated
    address.
  • CQD shall not be responsible for unloading goods at the point of delivery
  • Where the goods are to be delivered to a nominated address CQD shall be deemed to have delivered the goods in accordance with the contract if it obtains a receipt or signed delivery docket for the goods from any person at that address.
  • If a nominated address is unattended or if delivery cannot otherwise be effected or the goods cannot be despatched due to any act, matter or thing beyond the control of CQD, CQD in its sole discretion may store the goods at the purchaser's risk and expense or take such other steps as it considers appropriate.
  • CQD reserves the right to refuse to supply goods and/or services under an Agreement if a purchaser is in default of any of its payment
    obligations under any one or more Agreements.
  • CQD reserves the right to choose or vary the means, route and procedure of delivery, transport and handling of goods. If the purchaser requires a different means, route or procedure, the cost of delivery shall be borne by the purchaser notwithstanding any other provision of these terms and conditions of sale.
  • CQD may supply goods and/or services in instalments and these terms and conditions of sale shall apply to each and every supply of goods and/or services
  • The risk of loss or damage to goods shall pass to the purchaser at the time of despatch or when the purchaser is notified that the goods are available for dispatch, as the case may be.
  • Any delivery or completion date stated are estimates only. CQD shall make all reasonable efforts to meet any date for supply of goods and/or services agreed between CQD and the purchaser. Where a delay to supply goods and/or services occurs, in no event shall CQD incur any liability or penalty for failure to supply goods and/or services by an agreed time.

Claims

  • No claim in relation to damaged goods or shortage of volume, length, quantity or weight may be made unless such claim is made by the purchaser in writing to CQD within 7 days of delivery of the goods to the purchaser.
  • CQD's only liability for any such loss or damage shall be, in its sole discretion, to replace or repair goods lost or damaged or pay for such goods to be replaced or repaired.
    • Goods may only be returned for credit upon the written agreement of CQD and within 60 days from the date of original invoice. In all cases the original invoice must be quoted and return freight must be prepaid by the purchaser.
    • CQD reserves the right to charge a restocking fee on goods accepted for credit.
    • All goods returned for credit must be in their original pack and in re-saleable condition
    • Goods specifically obtained by CQD for the purchaser will not be accepted for credit

Refund Policy

At CQD we willingly give a refund, exchange, or credit if the goods are faulty, have been wrongly described, are different from the product purchased, or don't do what they are supposed to do.  In all cases we require notification within 7 days of receipt of the goods.  We do not normally give refunds if you simply change your mind or make a wrong decision, so please select your goods carefully.


Packing

 

The prices include the cost of packing the goods in accordance with CQD's standard practice. If the purchaser requires the goods to be provided in any other manner the cost of the packing shall be the responsibility of the purchaser. CQD shall not be liable for any damage or loss occurring as a result of goods being packed in accordance with the purchaser's instructions.

Warranty

  • CQD warrants all goods or services supplied by it only to the extent that they are warranted by the supplier or manufacturer of them and CQD is able to pass on the benefit of such warranty to the purchaser.
  • where the Agreement is for the supply of goods CQD may at its option repair or replace defective goods at its own expense but CQD shall have no liability for the cost of delivery to CQD and/or removal of the defective goods nor for the cost of reinstallation of the goods.

Limitation of Liability

  • Notwithstanding any other provision of this or any Agreement or otherwise, if any liability on the part of CQD arises to or in favour of the purchaser (whether in contract, tort or otherwise) for any loss, damage, harm or injury arising out of or in any way connected with the supply of or failure in the provision of or the purported supply of goods and/or services by CQD, CQD's liability for all such loss, damage, harm and injury in all and any circumstances shall be limited in aggregate to the payment by CQD of the sum not exceeding 5% of the monies payable to CQD pursuant to the relevant Agreement.
  • Any purchaser of goods or services from CQD agrees to release, hold and indemnify CQD from and against all liabilities, claims, damages, losses, costs and expenses of whatsoever nature and howsoever occurring including without limitation loss of market, loss of profit, loss of use, loss of production or for any financial or economic loss including indirect or consequential loss or damage which may be suffered by the purchaser or by any third party arising out of or in any way connected with the supply of the goods or the performance of services by CQD, by reason of breach of these terms and conditions of sale, or of statutory duty or by reason of tort (including but not limited by negligence).
  • Except as otherwise expressly provided in these conditions and subject to clause 9(d), all statements, representations, provisions, conditions, promises, undertakings, covenants and other provisions, express or implied (and whether implied by law or otherwise) relating to any quotations or tenders submitted by CQD, orders accepted by CQD, goods (whether as to their quality or merchantability, fitness for any purpose, correspondence with any description or sample or otherwise) and/or services or their supply, being provisions which might otherwise form part of these terms and conditions of sale or any Agreement to be collateral to form part of any Agreement that is collateral to these terms and conditions of sale or any Agreement, are hereby excluded in their entirety and are of no effect whatsoever.
  • These terms and conditions of sale do not, and no provision of these terms and conditions of sale will or purports to exclude, restrict or modify or have the effect of excluding, restricting or modifying:
    • the application in relation to the supply of goods and/or services of any provisions of the TPA;
    • the exercise of any right conferred by any such provision; or
    • any liability of CQD for breach of a condition or warranty implied by any such provision
  • Where CQD is permitted under the TPA to limit its liability for breach of a condition or warranty that is implied by the TPA. CQD's liability shall be limited at CQD's sole discretion to:
    • the replacement of the goods or the supply of equivalent goods; or
    • the repair of the goods; or
    • the payment of the cost of replacing the goods or of acquiring equivalent good; or
    • the payment of the cost of having the goods repaired.
  • To the full extent permitted by law:
    • the purchaser acknowledge that it relies on its own skill and judgement in relation to goods and/or services supplied to it by CQD; and
    • CQD shall be under no liability as to fitness and suitability for purpose of the goods unless that purpose has been specifically notified to CQD in writing prior to the formation of the relevant Agreement.

Passing of Title

  • Notwithstanding that the purchaser has possession of the goods, title to the goods remain with CQD, and no legal or equitable interest or property in the goods whatsoever will pass to the purchaser, until the full amount for the goods has been paid and there is no money owing by the purchaser to CQD for any other goods delivered by CQD or on any amount whatsoever.
  • Where the title and property in any particular goods has not passed, the purchaser may nevertheless dispose of these goods to a bona fide sub-purchaser provided that such disposals are in the ordinary course of the purchaser's business; and no event as specified in clause 14(a) has occurred.
  • The purchaser must not deal with those goods if both conditions are not met. It is agreed that by the disposal of such goods, the purchaser assigns to CQD (the assignment being absolute and not by way of security) all monetary proceeds received by or on behalf of the purchaser in respect to the goods.
  • The purchaser must observe the following fiduciary obligations with respect to any disposal of goods to a sub-purchaser authorised by clause 10(b)
    • the purchaser must maintain records of all disposals of the goods and must permit inspection of these records by CQD promptly upon request; and
    • the purchaser must hold the assigned proceeds on trust for CQD. The total debts owing by the purchaser to CQD will be reduced by the proceeds.
  • The purchase indemnifies CQD against any claim, action, damage, loss, liability, cost, expense that CQD suffers, incurs or is liable for in respect of CQD's exercise of its rights under this clause 10.

Drawings, Documentation and Information

  • Any descriptive and shipping specifications, illustrations, drawings, data, dimensions and weights, either submitted by CQD with a quotation or tender or otherwise provided by CQD to the purchaser, are illustrative and approximate only and do not form part of any Agreement entered into between CQD and the purchaser unless expressly agreed in writing by CQD or the purchasing party.
  • Any drawings or other documents submitted and any information supplied by CQD to the purchaser remains the property of CQD and constitutes confidential information of CQD (to the extent that it is not in the public domain) and the purchaser shall keep all such confidential information confidential and shall not use such drawings, documents and information for any purpose other than that stipulated by CQD nor provide the same to third parties.
  • Where any drawings or other documents submitted by CQD with or as a part of a quotation or tender are not incorporated into an Agreement between CQD and the party to which such quotation or tender was submitted they shall be returned to CQD within 7 days of expiry of the quotation or tender or otherwise as reasonably required by CQD.

Test & Performance

  • CQD shall at its own expense carry out its standard tests on the goods together with any tests required by any government or regulatory authorities. Any additional tests required by the purchaser shall be at the purchaser's expense.
  • After 7 day's notice that CQD is ready to conduct any test, the test may be conducted by CQD in the absence of the purchaser who shall be deemed to have been present
  • If the results of the tests are outside any performance limits specified in the Agreement CQD shall be given reasonable time within which to rectify performance.
  • CQD does not guarantee the performance limits stated in the quotation or tender unless such limits are expressly guarantee by CQD in writing.

Termination

  • CQD may terminate any Agreement without notice if the purchaser:
    • Is in breach of any term of the Agreement and fails to remedy the breach within 14 days of notice in writing by CQD specifying the breach and requiring the purchaser to remedy it.
    • failed or refused to take delivery of goods subject of the Agreement and such failure or refusal continues for a period of 14 days after CQD has notified the purchaser that the goods are ready for delivery or dispatch, as the case may be, and/or the purchaser has failed or refused to allow CQD to supply services the subject of the Agreement and such failure or refusal continues for a period of 14 days after CQD has notified the purchaser that it is ready, willing and able to supply such services; or
    • Is declared bankrupt, resolves to go into voluntary administration or liquidation or has a petition for bankruptcy or winding up presented against it or enters into a scheme of arrangement with its creditors or if any liquidator, provisional liquidator, administrator, receiver, receiver and manager or official manager is appointed in respect of the purchaser or if anything analogous occurs in respect of the purchaser.
  • In the event of such of such termination CQD shall, after taking into account payments made by the purchaser CQD, be entitled to be paid by the purchaser for work done and expenditure made under the Agreement up to and including the date of termination and any direct and indirect loss suffered by CQD including without limitation CQD's loss of profit on the Agreement and the legal costs of CQD (on a full indemnity basis) incurred in relation to the termination and any prior breach and in exercising any rights and remedies as a consequence of the termination and any prior breach.
  • Termination of the Agreement pursuant to this clause 14 shall be without prejudice to the rights of CQD accruing up to the date of termination.

Intellectual Property

  • The supply of goods or services to the purchaser does not constitute a transfer of any intellectual property rights in the goods or services of any part thereof. The purchaser shall not do anything inconsistent with or in infringement of such intellectual property rights including but not limited to the decompilation, disassembly and re-engineering thereof.
  • CQD does not warrant that the supply by it and the use by the purchaser of the goods and services does not and will not infringe the intellectual property rights of any third party whether such rights take the form of letters patent, registered designs, copyright, trade mark, or any other similar right.
  • Where CQD or its contract manufacturer of the goods or any part thereof provides the goods or services to the purchaser's design and specifications the purchaser agrees to indemnify and keep indemnified CQD and its related corporations against all actions, claims, loss, damages, costs and fines that CQD and/or its related corporations may incur or suffer as a result of a claim by a third party that the manufacture and sale by CQD of the goods or any part thereof or the provision of the services infringes any intellectual property right of such third party.

CQD's Obligations
Notwithstanding any other provision of these terms and conditions of sale if the purchaser breaches a term of an Agreement CQD shall not be bound to perform its obligations under that Agreement until the breach is remedied by the purchaser.

Force Majeure
Should CQD be delayed, hindered, or otherwise prevented from complying with the terms of this Agreement by reason of events or circumstances beyond the reasonable control of CQD including but not limited to Acts of God, wars, riots, strikes, lockouts, trade disputes or labour disturbances, breakdown of plant or machinery, accident, storm, fire, flood, difficulties in obtaining materials, transport or labour or any other circumstances affecting the supply of goods or services, then CQD shall not be liable to the purchaser for any loss or damage which may be suffered by the purchaser whether as a direct or indirect result of any such occurrences.

Credit Card
Credit Card transactions are processed in Australian Dollars using:

  • payment pages which comply with the Industry standard and use TSL 1.0 (SSL 3.0)
  • a 128-bit SSL encryption
  • secure SSL tunnel to connect to the payment gateway

 

Customer Service Policy

At CQD we are committed to providing exceptional customer service and quality products. We make every effort to ensure that all products listed on our website are currently available and that pricing is true and correct. Goods are normally despatched within 2 working days of receipt of your order, and very often much sooner. Shipping times depend very much on your location within Australia.