About this web site
This is a web site operated by CMO TRADING PTY LTD ACN 097 114 791 trading as ACROMAT (“Acromat
”) at the domain name
"www.acromat.com.au" ("Acromat Web Site
"). The Acromat Web Site is operated by Acromat on behalf of it and its affiliated
entities and related bodies corporate, and a reference to Acromat in this document includes its affiliated entities and
related bodies corporate.
Unless otherwise expressly indicated, Acromat is the owner of all intellectual property rights, including copyright, comprised
in and associated with the Acromat Web Site, including the information, graphics, text and other materials contained on the
Acromat Web Site ("Material
"), and reserves all of its rights in respect of the Acromat Web Site and the Material. Your use
In addition to the terms contained in this document, there are also separate, specific terms which are incorporated into, and
these additional terms, you should review them wherever they are accessible by you on the Acromat Web Site.
In the event of an inconsistency between the Conditions of Sale and any other document provided by Acromat (including these Terms
and not access it again.
Links to other web sites
The Acromat Web Site may contain links to other web sites operated by third parties ("Third Party Web Sites
"). Acromat does not
make any representations or warranties regarding, endorse, or approve of Third Party Web Sites, their operators, or the
information, graphics and material on those Third Party Web Sites ("Third Party Material
"), and has no control over, or
liability and/or responsibility for, Third Party Websites or Third Party Material. You understand, acknowledge and agree
that you are solely responsible for accessing Third Party Websites, and that Acromat disclaims all liability to you in respect
of your access or use of Third Party Web Sites and Third Party Material and any resultant consequences. Acromat therefore
recommends that you carefully review the terms and conditions and policies which apply to Third Party Web Sites.
Acromat product information and supply
Material on the Acromat Web Site may contain general information about Acromat's products and services and offer you the
opportunity to offer to purchase such items. Unless expressly stated otherwise, this information:
- is an invitation to treat, and does not constitute an offer or inducement to enter into a legally binding contract
with you for the provision of such products or services by Acromat to you; and
- does not form part of the terms and conditions upon which Acromat may in its discretion offer its products and services
to you for purchase.
In order to place orders via the Acromat Web Site, you may be required to create an account ("Account
") and select a username
and password. You are solely responsible for the activity that occurs under your Account, and must keep your Account password
confidential and secure. You must notify Acromat immediately if you suspect any unauthorised use of your Account username or
access to your Account password. For the avoidance of doubt, you acknowledge and agree that to the extent permitted by law
Acromat assumes no responsibility or liability for any expenses, losses, damages or costs sustained by you which are caused
by unauthorised use of your Account. Acromat reserves the right to terminate your Account in the event of a breach of these
While we have made every effort to ensure that information is free from error, Acromat does not warrant the accuracy, adequacy
or completeness of Material on this web site. All information is subject to change without notice. Acromat does not guarantee
that the Acromat Web Site or Third Party Web Sites will be free from viruses, or that access to the Acromat Web Site or Third
Party Web Sites will be uninterrupted.
Limitation of liability
Subject to any terms, conditions or other responsibilities implied by law and which cannot legally be excluded, Acromat and
its officers, agents, employees and other representatives exclude and are not liable to you for any losses, damages,
liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) incurred by you
or any third party whatsoever, arising out of or referable to Material on the Acromat Web Site or to Third Party Material,
whether in contract, tort including negligence, statute or otherwise.
The liability of Acromat and its officers, agents, employees and other representatives for a breach of any term, condition,
guarantee or warranty implied by law and which cannot legally be excluded by Acromat and its officers, agents, employees and
other representatives, is limited to the fullest extent possible, at Acromat's option, to:
- in the case of goods - replacement of the goods or the supply of equivalent goods, repair of the goods, payment of the
cost of replacing the goods or acquiring equivalent goods, or payment of the costs of having the goods repaired; and
- in the case of services - the supply of the services again or payment of the cost of having the services supplied again.
You agree to indemnify and hold harmless Acromat and its officers, agents, employees and other representatives ("Indemnified
"), from and against any loss (including legal costs and expenses on a solicitor-own client basis) or liability
incurred or suffered by any of the Indemnified Parties in relation to any claim, suit, demand, action or proceeding by any
person against any of the Indemnified Parties arising from your use of the Acromat Web Site, any activity occurring under
and materials on the Acromat Web Site) and/or your Account or access to the Acromat Web Site may be terminated at any time by
Acromat without notice. All restrictions, licences and indemnities granted by you, and all disclaimers and limitations of
liability made by Acromat will survive termination, together with the obligations of confidentiality imposed on you, however
you will no longer be authorised to access the Acromat Web Site or Material.
Copyright and trade marks
Copyright in the Material on this Web Site is owned or licensed by Acromat. Except where necessary for viewing the Material on
this web site on your browser, or as permitted under the Copyright Act 1968
(Cth) or other applicable laws or these Terms of
Use, no Material on the Acromat Web Site may be reproduced, adapted, uploaded to a third party, linked to, framed, performed
in public, distributed or transmitted in any form by any process without the specific, prior written consent of Acromat.
"Acromat", all associated trade marks and all other brands used on the Acromat Web Site are owned by Acromat, unless otherwise
Linking to Acromat web site
You must not link to the Acromat Web Site without Acromat's prior permission. Please contact Acromat if you would like to
place a link to any part of the Acromat Web Site on your website.
Site. You accept that by doing this, Acromat has provided you with sufficient notice of the variation and understand that
your continued access and use of the Acromat Web Site after publication of any variation indicates your acceptance of the
You must keep any confidential information of Acromat which is disclosed to you by Acromat in any form (regardless of whether
or not marked confidential) confidential, and must not disclose such information to any other party except as required by law
or as authorised by Acromat in writing. The obligations of confidence under this clause do not apply to any information that
known to you at the time of disclosure by Acromat, free from any obligation of confidence, or information that you are
required by law to disclose.
jurisdiction of these Courts.
format, including without limitation by email or by posting on the Acromat Web Site.
Site, including the purchase of products from Acromat.
such delay or failure is caused by circumstances beyond Acromat's reasonable control, including without limitation, fire,
flood, act of God, strikes, lock outs, stoppage of work, trade disputes, internet down-time, or any act of war or terrorism.
No waiver by a party of any breach or default by any other party is effective unless reduced to writing and signed by the
party making such waiver, and any such waiver does not constitute a waiver of any other continuing breach or default under
Action by Acromat
acknowledge that damages may not be an appropriate remedy in those circumstances.
to that jurisdiction, be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating