Conditions Of Sale 

1 Definitions and interpretation 

1.1 Definitions 

Buyer means the purchaser of the Goods, whose details are set out in the invoice. 

Goods means the products and, if any, services specified in the invoice. 

Seller means the seller of the Goods whose details are set out in the invoice. 

1.2 Interpretation 

Nothing in these conditions exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Competition and Consumer Act 2010 (Cth)) and which by law cannot be excluded, restricted or modified. 

2 General 

These conditions (which will only be waived in writing signed by the Seller and Buyer) will prevail over all conditions of the Buyer's order, to the extent of any inconsistency. 

3 Terms of sale 

The Goods and all other products sold by Seller are sold on these terms and conditions. 

4 Seller's quotations 

Unless previously withdrawn, Seller's quotations are open for acceptance within the period stated in them or, when no period is so stated, within 30 days only after its date. The Seller reserves the right to refuse any order based on this quotation within 30 days after the receipt of the order. 

5 Packing 

The cost of any special packing and packing materials used in relation to the Goods are at the Buyer's expense, even if that cost has been omitted from any quotation. 

6 Shortage 

The Buyer waives any claim for shortage of any Goods delivered if a claim in respect for short delivery has not been lodged with the Seller within 30 days from the date of receipt of Goods by the Buyer. 

7 Drawings, etc 

(a) All specifications, drawings, and particulars of weights and dimensions submitted to the Seller are approximate only and any deviation from any of these things does not vitiate any contract with the Seller or form grounds for any claim against the Seller. 

(b) The descriptions, illustrations and performances contained in catalogues, price lists and other advertising matter do not form part of the contract of sale of the Goods or of the description applied to the Goods. 

(c) Where specifications, drawings or other particulars are supplied by the Buyer for the purposes of the Goods order, the Seller's price will be calculated on the basis of estimates of quantities required to provide the Goods as specified, drawn or otherwise particularised by the Buyer. If there are any adjustments in quantities above or below the quantities estimated by Seller as set out in a quotation, then any such increase or decrease will be adjusted on a unit rate basis according to unit prices set out in this document or in the quotation. 

(d) After works are completed on Buyer's goods, the Seller recommends the Buyer arrange for testing to be carried out in a safe location. 

8 Performance 

Any performance figures given by the Seller are estimates only. The Seller is under no liability for damages for failure of the Goods to attain such figures unless specifically guaranteed in writing. Any such written guarantees are subject to the recognised tolerances applicable to such figures. 

9 Delivery 

(a) The delivery times made known to the Buyer are estimates only and the Seller is not liable for late delivery or non-delivery. 

(b) The Seller will not be liable for any loss, damage or delay occasioned to the Buyer or its customers arising from late or non-delivery or late installation of the Goods. 

(c) The Seller may at its option deliver the Goods to the Buyer in any number of instalments unless there is an endorsement overleaf to the effect that the Buyer will not take delivery by instalments. 

(d) If the Seller delivers any of the Goods by instalments, and any one of those instalments is defective for any reason: 

(i) this does not constitute a repudiation of the contract of sale formed by these conditions; and 

(ii) the defective instalment is a severable breach that gives rise only to a claim for compensation. 

10 Loss or damage in transit 

(a) The Seller is not responsible to the Buyer or any person claiming through the Buyer for any loss or damage to Goods in transit caused by any event of any kind or by any person (whether or not the Seller is legally responsible for the actions of that person). 

(b) The Seller must provide the Buyer with such assistance as may be reasonably necessary to institute claims against a carrier for damages to Goods in transit so long as the Buyer: 

(i) has notified the Seller and the carrier in writing immediately after loss or damage is discovered by the Buyer on receipt of Goods; and 

(ii) serves a claim for compensation on the carrier within 7 days of the date of receipt of the Goods. 

11 Guarantee 

(a) The Seller's liability for Goods manufactured by it is limited to making good any defects. This must be done by repairing the defects or, at the Seller's option, by replacement, within a period not exceeding 12 calendar months after the Goods have been dispatched. This applies so long as: 

(i) the defects have arisen solely from faulty materials or workmanship; 

(ii) the Goods have not received maltreatment, inattention or interference; 

(iii) accessories of any kind used by the Buyer are manufactured by or approved by Seller; 

(iv) the seals of any kind on the Goods remain unbroken; and 

(v) the defective parts are promptly returned free of cost to the Seller. 

(b) If the Goods are not manufactured by the Seller, the guarantee of the manufacturer of those Goods is accepted by the Buyer and is the only guarantee given to the Buyer for the Goods. The Seller agrees to assign to the Buyer on request made by the Buyer the benefit of any warranty or entitlement to the Goods that the manufacturer has granted to the Seller under any contract or by implication or operation of law to the extent that the benefit of any warranty or entitlement is assignable. 

(c) The Seller is not liable for, and the Buyer releases the Seller from, any claims in respect of faulty or defective design of any Goods supplied. This is unless the design has been wholly prepared by the Seller and the responsibility for any claim has been specifically accepted by the Seller in writing. 

(d) The Seller's liability under clause 11(c) is limited strictly to the replacement of defective parts in accordance with clause 11(a) of these conditions. 

(e) Except as provided in these conditions, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the Goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded. The Seller is not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of the Goods or arising out of the Seller's negligence or in any way.

12 Consumer guarantees 

The Seller's liability for a breach of a condition or warranty implied by part 3-2, division 1 of the Australian Consumer Law (ACL) is limited to: 

(a) in the case of Goods, any one or more of: 

(i) the replacement of the Goods or the supply of equivalent goods; 

(ii) the repair of the Goods; 

(iii) the payment of the cost of replacing the Goods or of acquiring equivalent goods; and 

(iv) the payment of the cost of having the Goods repaired; or 

(b) in the case of services: 

(i) the supplying of the services again; or 

(ii) the payment of the cost of having the services supplied again. 

13 Indemnification of suppliers by manufacturers 

The Seller's liability under section 274 of the ACL is expressly limited to a liability to pay to the purchaser an amount equal to:

(a) the cost of replacing the Goods; 

(b) the cost of obtaining equivalent goods; or 

(c) the cost of having the Goods repaired, 

whichever is the lowest amount. 

14 Prices 

(a) Unless otherwise stated all prices quoted by vendor are inclusive of Goods and Services Tax (GST). 

(b) Prices quoted are calculated at the date of issue of a relevant quotation and include rates provided by third parties providers. These third party rates include the cost of freight, insurance, customs duties, exchange, shipping expenses, sorting and stacking charges, cartage, rate of water, cost of materials and other charges affecting the cost of production (Third Party Rates). Third Party Rates may vary slightly from the date of the quotation to the time of delivery of the Goods. The Buyer will be liable for any increase in the Third Party Rates. 

(c) If the Seller makes any alterations to the price of the Goods or to any of their inputs either before acceptance of or during the currency of the contract, these alterations are for the Buyer's account. 

15 Payment 

(a) The purchase price for the Goods plus GST where applicable is payable on or before the Buyer collects the Goods from the Seller (Payment Due Date) unless other terms of payment are agreed in writing between the parties. 

(b) The Buyer must pay interest on any outstanding amount not paid by Payment Due Date. Interest will be calculated on the rate specified in section 2 of the Penalty Interest Rates Act 1983 (Vic). 

16 Rights in relation to Goods 

(a) The Seller reserves the following rights in relation to the Goods until all accounts owed by the Buyer to the Seller are fully paid: 

(i) ownership of the Goods; 

(ii) to enter the Buyer's premises (or the premises of any associated company or agent where the Goods are located) without liability for trespass or any resulting damage and retake possession of the Goods; and 

(iii) subject to, and in accordance with, the Personal Property Securities Act 2009 (Cth), to keep or resell any Goods repossessed pursuant to clause 16(a)(ii). 

(b) If the Goods are resold, or products manufactured using the Goods are sold, by the Buyer, the Buyer will hold such part of the proceeds of any such sale as represents the invoice price of the Goods sold or used in the manufacture of the Goods sold in a separate identifiable account. This will be held the beneficial property of the Seller and the Buyer will pay such amount to the Seller upon request. Despite the provisions above, the Seller will be entitled to maintain an action against the Buyer for the purchase price and the risk of the Goods shall pass to the Buyer upon delivery. 

17 Buyer's property 

Any property of the Buyer under the Seller's possession, custody or control is completely at the Buyer's risk as regards loss or damage caused to the property or by it. 

18 Storage 

The Seller reserves the right to charge a reasonable fee for storage if delivery instructions are not provided by the Buyer within 7 days of a request by the Seller for such instructions. The parties agree that the Seller may charge for storage from the first day after the Seller requests the Buyer to provide delivery instructions. 

19 Returned Goods 

(a) Except for any provisions to the contrary contained in this agreement, the Seller is not under any duty to accept Goods returned by the Buyer. The Seller will do so only on terms to be agreed in writing in each individual case. 

(b) If the Seller agrees to accept returned Goods from the Buyer under clause 19(a) of this clause, the Buyer must return the Goods to the Seller at the Seller's place of business referred to at the head of these conditions. 

20 Goods sold 

(a) All Goods to be supplied by the Seller to the Buyer are as described on the purchase order agreed by the Seller and the Buyer and the description on such purchase order as so agreed prevails over all other descriptions of the Goods including any specification or enquiry of the Buyer. 

(b) The Seller will supply the Buyer with an invoice. The Buyer acknowledges that the invoice will have notes. If the Buyer does not provide the Seller written notice within 2 business days of receiving the invoice disputing the notes, the Buyer is taken to have read and understood the notes on the invoice. 

21 Cancellation 

No order may be cancelled by the Buyer except with the written consent of the Seller. If there is a cancellation of the order by the Buyer, the Seller has the right to claim indemnity against all losses suffered by the Seller as a result of such cancellation. 

22 Warranty 

(a) The Seller sells second hand Goods and does not provide any warranty in relation to those second hand Goods unless expressly stated on the invoice. 

(b) The Seller may from time to time provide a warranty with the Goods and services it sells. The warranty will be specified on the invoice. 

(c) The Buyer agrees that it is a term of the warranty (if any) given by the Seller that it must return the Goods and/or services to the Seller. 

(d) The Buyer agrees that any alteration to the Seller's Goods and/or services will void the warranty and the Seller will not be liable for any loss or damage suffered as a result of the Buyer's alterations. 

23 Termination 

(a) In the absence of any breach of this agreement, either party may terminate this agreement in its absolute discretion with a minimum of 7 days’ written notice to the other party. 

(b) This agreement will automatically terminate if a party enters into any composition or arrangement with its creditors or has a receiver appointed over any of its assets or is the subject of any resolution or petition for winding up or judicial management (other than for amalgamation or reconstruction). 

(c) Either party may terminate this agreement if the other party is in material breach of any of its obligations under this agreement and if the breach is capable of remedy fails to remedy the breach for a period of 7 days after receipt of a written notice by the other party requiring rectification of the breach. 

(d) Exercise of the right of termination afforded to either party under this clause will not prejudice the legal rights or remedies which either party may have against the other in respect of a breach of any term, condition or warranty of this agreement. 

(e) The obligations of the parties that by their nature could be reasonably construed as being intended to continue to apply beyond the termination of this agreement will continue to apply. 

24 Place of contract 

This agreement shall be governed by and construed in accordance with Victorian law. The parties submit to the non-exclusive jurisdiction of the courts and tribunals of the governing law jurisdiction. Nothing in this clause is intended to undermine the jurisdiction of the Federal Court of Australia or Federal Circuit and Family Court of Australia.

Please contact us via email at admin@cmfmarine.com.au if you have any questions regarding our terms & conditions.

We are committed to protecting the privacy of any information provided by you as our customer and will take all reasonable precautions to protect your personally identifiable information from loss, misuse or unauthorised access. In dealing with your personal information as a customer, we will fulfil all obligations applicable to us by law.

1. Consent

By using our website and providing us with your personal information, you consent to our collection, use, and disclosure of your information as described in this Privacy Policy.

2. Information We Collect

We collect personal information that you voluntarily provide to us when you:

• Make a purchase
• Subscribe to our newsletter
• Contact us through our contact form or customer service
  

The personal information we collect may include:

• Name
• Email address
• Mailing address
• Phone number
• Payment information
  

3. How We Use Your Information

We use the information we collect in various ways, including to:

• Process and fulfill your orders
• Send you marketing and promotional materials
• Respond to your inquiries and customer service requests
• Improve our website and services

4. How We Share Your Information

We do not sell, trade, or rent your personal information to third parties. However, we may share your personal information with:

• Service providers who assist us in operating our website, conducting our business, or servicing you
• Law enforcement agencies, government authorities, or other parties when required by law or in response to legal process

5. How you can opt-out

You can opt-out of receiving any opt-in communications from us at any time by clicking the 'unsubscribe' link at the bottom of every email we send you from our mailing list (this does not include emails relating to your order or any customer queries you send us)

6. Cookies

We use cookies and similar technologies to enhance your experience on our website, analyse website usage, and deliver targeted advertisements. You can manage your cookie preferences through your browser settings.

7. Third-Party Links

Our website may contain links to third-party websites. We are not responsible for the privacy practices or content of those websites. We encourage you to review the privacy policies of any third-party websites you visit.

8. Security

We implement appropriate security measures to protect against unauthorized access, alteration, disclosure, or destruction of your personal information.

9. Changes to Privacy Policy:

We reserve the right to update or modify this privacy policy at any time. Any changes will be posted on this page, and it is the user's responsibility to review this policy periodically.

Please contact us via email at admin@cmfmarine.com.au if you have any questions regarding our privacy policy. 

In the event you wish to return your item, we may provide you with a store credit if:

• You return your purchased item within 14 days of the date of purchase 
• You return your purchased item in original condition with all original sealed packaging, instruction manuals and/or tags attached; and 
• You provide us with Proof of Purchase 

Our return policy is subject to the following exclusions:

• The costs of postage will not be refunded 
• You must return the item to us at your own cost; and 
• We do not offer returns on clearance or sale items. 
• We do not offer returns for change of mind or incorrect selection 

For the purposes of our return policy, Proof of Purchase includes:

• The original tax invoice or copy of the original tax invoice; or 
• A copy of your bank statement 

Please contact us via email at admin@cmfmarine.com.au if you have any questions regarding our return policy

By purchasing our products, you acknowledge and agree to abide by the CMF Marine Return Policy terms and conditions.

Aluminium Products 60-Day Money Back Guarantee Terms and Conditions

Our 60-Day Money Back Guarantee is designed to give you peace of mind with your purchase of aluminium products from CMF Marine (Coastal Marine and Fabrication Pty Ltd). Please note that while we refer to this as a "money back" guarantee, the refund will be provided in the form of store credit. This store credit can be used for future purchases with us.

1. Scope of Guarantee

These terms and conditions ("Terms") govern the 60-Day Money Back Guarantee ("Guarantee") provided by us. This Guarantee is applicable to all our aluminium products purchased directly from us.

2. Guarantee Duration

The Guarantee is valid for a period of 60 days from the date of purchase.

3. Eligibility

To be eligible for store credit under this Guarantee, the following conditions must be met:

• The product must have been purchased directly from us.
• The product must be returned in its original condition, with all parts, accessories, and packaging included.
• The product must not have been damaged due to misuse, neglect, accident, or improper installation.
• The request for store credit must be made within 60 days from the date of purchase.

4. Installation Instructions

• Installation instructions will be provided with the product.
• It is the responsibility of the individual to follow the provided installation instructions accurately and promptly to ensure the proper functioning and performance of the product.

5. Store Credit Process

• To initiate a request for store credit, the customer must contact our customer service team and provide proof of purchase.
• Once the eligibility of the product for store credit is confirmed, we will provide instructions for returning the product.
• The customer is responsible for the cost of shipping the product back to us, unless otherwise stated.
• Upon receiving the returned product and verifying its condition, we will process the store credit within 14 business days.  
  

6. Case-by-Case Evaluation

Each store credit request will be evaluated on a case-by-case basis. We reserve the right to refuse store credit if the product does not meet the eligibility criteria outlined in these Terms.

7. Exclusions

This Guarantee does not cover:

• Products purchased from unauthorised resellers or third-party sellers.
• Products that have been altered, modified, or repaired by unauthorized persons.
• Normal wear and tear, cosmetic damage, or damage caused by accidents, misuse, or neglect.
  

8. Limitation of Liability

Our liability under this Guarantee is limited to the purchase price paid for the product only (not including shipping costs). We shall not be liable for any indirect, incidental, or consequential damages arising out of the use or inability to use our products.

9. Changes to Terms

We reserve the right to modify or amend these Terms at any time without prior notice. Any changes will be posted on our website, and it is the customer's responsibility to review these Terms periodically.

10. Contact Us

For any questions or concerns regarding this Guarantee, please contact us via email at admin@cmfmarine.com.au.

By purchasing our products, you acknowledge and agree to abide by these 60-Day Money Back Guarantee Terms and Conditions.

At CMF Marine, we take pride in the quality and durability of our products. To demonstrate our commitment to excellence, we offer a 5-year warranty on all our aluminium products. 

1. Duration of Warranty 

 The CMF Marine warranty is valid for a period of 5 years from the date of receipt.

2. Warranty Criteria 

 The Warranty will be honoured based on the following criteria:

• The product(s) were purchased directly from CMF Marine.
  
• The product(s) have been installed according to the product installation guide provided by CMF Marine.
  
• The claim is made by the original purchasing entity stated on the CMF Marine tax invoice.
  
• The claim is made within the 5-year warranty period.
  
• The claim is made in writing to CMF Marine.

3. Claim Process

To make a warranty claim:

• Contact CMF Marine in writing to initiate the claim process.
• Provide proof of purchase, including the CMF Marine tax invoice.
• Provide details of the product and the nature of the issue or defect.
• CMF Marine will respond to the claim and advise on the next steps to be taken.
  

4. Exclusions This warranty does not cover:

•  Products purchased from unauthorized resellers or third-party sellers.
  
• Products that have been altered, modified, or repaired by unauthorized persons.
  
• Damage caused by accidents, misuse, neglect, or improper installation not in accordance with CMF Marine's installation guide.

5. Limitation of Liability 

CMF Marine's liability under this warranty is limited to repairing or replacing the defective product(s) at no additional cost to the original purchaser. CMF Marine shall not be liable for any indirect, incidental, or consequential damages arising out of the use or inability to use the product(s).

6. Changes to Warranty Terms

CMF Marine reserves the right to modify or amend these warranty terms at any time without prior notice. Any changes will be posted on our website, and it is the customer's responsibility to review these terms periodically. 

7. Contact Us 

For any questions or concerns regarding our product warranty, please contact us via email at admin@cmfmarine.com.au.

By purchasing our products, you acknowledge and agree to abide by the CMF Marine Product Warranty terms and conditions.