WEBSITE TERMS OF USE
By accessing or using this website, you agree to the terms of use of our website set out below (Terms of Use).
We may change the Terms of Use at our discretion and without notice. A copy of our current Terms of Use will be displayed on our website at all times.
Product Descriptions
CIMC Group does not warrant that product descriptions or other content on this website are accurate, complete, reliable, current or error-free. If a product offered on this website itself it not as described, you may return the product in accordance with the CIMC Group Return and Exchanges Policy.
Disclaimer and limitation of liability
We have taken all reasonable efforts to ensure that the contents of this website and the information contained therein are accurate and up to date. However, we do not give any representation or warranty as to the accuracy and completeness of information contained on this website and cannot be held liable for any person/s who may suffer loss relying on any information contained on this website.
CIMC Group is not liable for any error in data or other information shown or produced on this website, no matter how that error is caused.
To the extent permitted by law, CIMC Group will not be liable for any loss (including, without limitation, direct, incidental, special or consequential loss), damage, expense or injury that is suffered directly or indirectly as a result of your use of this website, the content or materials contained in this website or any purchase made through the website.
Intellectual Property
Unless otherwise stated, CIMC Group owns or has a valid license to use all copyright and trademarks in the content of this website.
You must not modify, copy, adapt, store, reproduce, post, transmit, sell, frame or embed in another website or distribute in any way any content contained on this website, except with CIMC Group’s agreement in writing or as permitted by law.
Governing Law
The Terms of Use are to be governed by and construed in accordance with the laws of Queensland and shall be subject to the exclusive jurisdiction of the Courts of that state.
Severability
If any part of these Terms of Use are deemed invalid, that part will be severed and the remainder of the terms will continue to be valid and enforceable.
TERMS AND CONDITIONS OF PURCHASE
These terms and conditions regulate your relationship with CIMC Group. By using our website, or by buying from us, you agree to be bound by these terms and conditions.
If you have a separate written agreement with us, to the extent that there is inconsistency with the terms and conditions contained herein, the terms and conditions of the written agreement will prevail.
All orders placed through this website are subject to confirmation and acceptance by us. All prices are in Australian dollars and include GST.
PRODUCTS
The Products are as described on the invoices, quotation, work authorisation, artwork, specification or any other forms as provided by us to you.
PRICE
The Price of the Product shall be:
- as indicated on the invoice provided by CIMC Group to the Customer in respect of Product/s supplied; or
- the Price quoted by CIMC Group provided that the Customer accepts in writing the quotation within thirty (30) days, and the quotation has not been varied or withdrawn prior to acceptance.
The Price cannot be varied unless agreed by the parties in writing.
PAYMENT
At CIMC Group’s sole discretion, a deposit may be required. The deposit amount will be stipulated at the time the Products are ordered and shall become immediately due and payable.
Time for payment of the Products shall be of the essence and will be stated on the invoice, quotation or as otherwise communicated by CIMC Group in writing. If no time is stated then payment shall be on or before the delivery date.
Unless otherwise agreed, CIMC Group may withhold delivery of the Products until payment has been received from the Customer.
Payment may be made by cash, credit card or direct debit, or by any other method agreed to between the Customer and CIMC Group. A fee equivalent to the fee passed on by American Express will be charged to customer’s paying using this carrier.
If GST or any other applicable taxes and duties have not been included in the quotation given by CIMC Group, the Price shall be increased by the amount of any GST and other taxes and duties.
INTEREST
Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at the default interest rate adopted by the Supreme Court of Queensland from time to time.
DELIVERY OF PRODUCTS
At CIMC Group’s sole discretion, delivery of the Products shall be made to either the Customer’s address or the address of a third party for which the Customer is affiliated (association, club etc).
The Customer shall make all arrangements necessary to take delivery of the Products whenever they are tendered for delivery.
Delivery of the Products to a carrier, either named by the Customer or at the discretion of CIMC Group for the purpose of transmission to the Customer, is deemed to be a delivery of the Products to the Customer.
The costs of carriage and any insurance which the Customer reasonably directs CIMC Group to incur shall be paid by the Customer (without any set-off or other withholding whatsoever) and shall be due on the date for payment of the Price. The carrier shall be deemed to be the Customer’s agent.
CIMC Group may deliver the Products by separate installments. Each separate installment shall be invoiced and paid for in accordance with these terms and conditions.
Delivery of the Products to a third party nominated or accepted by the Customer is deemed to be delivery to the Customer for the purpose of these terms and conditions.
To the extent permitted by law, CIMC Group shall not be liable for any loss or damage due to the failure by CIMC Group to deliver the Products.
TIME FOR DELIVERY
The time for delivery of Products is not of the essence.
Any date or period quoted for delivery and or provision is an estimate only and CIMC Group will not be liable for any loss or damage whether direct or indirect and whether suffered by the Customer or a third party, resulting from any delay in delivery of or failure to deliver the goods.
RISK
The Customer acknowledges and agrees that a third party courier will be engaged to deliver the Products to the Customer. Regardless of title in the Products, all risk of loss or damage to the Products passes to the Customer when the Products are dispatched from our premises.
TITLE
Notwithstanding clause titled “Delivery of Products”, the legal and beneficial title to and ownership of the Products shall be retained by and remain with CIMC Group absolutely until:
- the Customer has paid all amounts owing for the Products; and
- the Customer has met all other obligations due by the Customer to CIMC Group in respect of all agreements between CIMC Group and the Customer.
Effective upon delivery of the Products and notwithstanding title in the Products has or has not passed to the Customer, the Customer and CIMC Group agree:
- the supply of the Products gives rise to a Security Interest in the Products;
- CIMC Group may register a Security Interest under the PPSA in respect of the Products supplied and the Customer agrees to do all things reasonably required to assist CIMC Group to effect such registration.
The parties agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
CIMC Group waives its rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
Unless otherwise agreed in writing, CIMC Group waives its right to receive a verification statement in accordance with section 157 of the PPSA.
DEFECTS/ RETURN
In respect of receipt of any faulty or incorrect products, the Customer must comply with the Returns and Exchanges Policy.
INTELLECTUAL PROPERTY
The specifications, drawings, artwork or any other documentation whatsoever issued by CIMC Group to the Customer will remain the exclusive property of CIMC Group.
The Customer agrees that title in all (present and future) intellectual property created, discovered or coming into existence as a result of, for the purpose of or in connection with the supply of the Products shall exclusively vest in CIMC Group upon its creation.
FORCE MAJEURE
A party will not be liable for any delay or failure to perform any of its obligations (other than an obligation to pay money) as a result of a Force Majeure Event.
If a Force Majeure Event occurs, a notice must be provided to the other party:
- specifying the obligations the Party cannot perform;
- describing the Force Majeure Event;
- estimating the time during which the Force Majeure Event will continue; and
- specifying the measures proposed to be adopted to remedy or abate the Force Majeure Event.
GENERAL
These terms and conditions supersede any prior negotiations or representations and cannot be changed unless the parties agree in writing.
A failure to fully exercise a right or delay in exercising a right does not result in a waiver of that right.
CIMC Group may assign, novate or transfer all or any part of its rights and liabilities without the Customer’s consent, but must give written notice after the assignment, novation or transfer.
If any term or condition is or becomes invalid, illegal or unenforceable, that part will be severed and will not affect the validity of the remaining clauses.
The parties are independent contracting parties and nothing in these terms and conditions will establish any relationship of agency or authorize a party to create an obligation on behalf of or in the name of the other party.
To the extent permitted by law, we will not be liable for any indirect, incidental, special or consequential loss suffered by the Customer, including loss of profits.
GOVERNING LAW
These terms and conditions are governed by the laws of Queensland and the parties agree to submit to the exclusive jurisdiction of the Courts of Queensland.
DEFINITIONS
CIMC Group means Corporate Image Marketing Concepts Pty Ltd trading as CIMC Group, Corporate Image Marketing, Hoop2Hoop and/or Unite Sports.
Customer means the person or body corporate ordering the Products which are the subject of these terms and conditions.
Force Majeure Event means any event or circumstance (or combination of events and circumstances) which:
- is beyond the control of the party affected by that event or circumstance or both including but not limited to an act of God, ware declared or undeclared, blockage, revolution, riot, insurrection, civil commotion, sabotage, lighting, fire, earth quake, storm or flood, governmental or governmental agency restraint, prohibition, intervention or embargo, widespread communicable diseases and viruses, poor traffic-climatic conditions, border closures, ports, railways, airports and airline closures and act of a third party if such delay was caused by any of these circumstances;
- causes delay in, or prevention of, the performance by the affected party of any of its obligations; and
- cannot be prevented, overcome or remedied by the exercise of the affected party of a standard of care or diligence consistent with that of a prudent and competent company.
PPSA means Personal Properties Securities Act 2009 (Cth).
Price includes but is not limited to the purchase price for the Products, the delivery and freight charges, the GST payable in respect of the supply of the Products and any extra charges that may be agreed between the Customer and CIMC Group.
Products means the products supplied by CIMC Group to the Customer.
Security Interest has the meaning given in the PPSA.