KEIM Australia Terms & Conditions

KEIM Australia – Terms & Conditions

This page outlines the legal terms that govern your use of this website and the purchase of KEIM Australia products.

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Part A: Standard Conditions of Sale

1. Entire Agreement

1.1 Application: These Conditions of Sale ("Conditions") apply to all Goods and Services supplied by KEIM Australia Pty Ltd ("the Supplier").
1.2 Prevalence: These Conditions prevail over any other terms, including any terms attached to a Buyer’s purchase order or documentation, regardless of when such terms are received.
1.3 Variations: No variation to these Conditions is binding unless expressly agreed in writing and signed by the Managing Director of KEIM Australia.

2. Quotes, Orders, and Pricing

2.1 Quotations: A quotation is an invitation to treat and does not constitute a binding offer. KEIM Australia reserves the right to accept or reject any Order in its absolute discretion.
2.2 Pricing: Prices are quoted in AUD (unless otherwise stated) and are subject to change without notice. The price payable for the Goods shall be the price ruling at the date of dispatch.
2.3 Tinted and Bespoke Goods: The Buyer acknowledges that Goods tinted to a specific colour code or manufactured to a custom specification are "made-to-order." These Goods cannot be cancelled, returned, or refunded once production has commenced.

3. Payment and PPSA Security

3.1 Payment Terms: Payment is due in full prior to delivery unless the Buyer has an approved credit account. For credit accounts, payment is due 30 days from the end of the month of invoice.
3.2 Retention of Title: Title to and ownership of the Goods remains with KEIM Australia and does not pass to the Buyer until all amounts owing (including any interest or costs) are paid in full.
3.3 PPSA: These Conditions constitute a Security Agreement for the purposes of the Personal Property Securities Act 2009 (Cth) ("PPSA"). The Buyer grants KEIM Australia a Purchase Money Security Interest (PMSI) in all Goods and their proceeds.
3.4 Registration: The Buyer shall do all things required to enable the Supplier to register its security interest on the Personal Property Securities Register ("PPSR").
3.5 Right of Entry: Until title passes, the Buyer holds the Goods as bailee. The Buyer grants the Supplier an irrevocable licence to enter any premises to inspect or reclaim unpaid Goods.

4. Delivery and Force Majeure

4.1 Delivery Estimates: Any delivery date or time provided is an estimate only. Standard production typically requires 1-2 business days. For custom colours, the Buyer acknowledges that production will require an additional 1-2 business days beyond standard timelines. Time is not of the essence.
4.2 Regional Deliveries: Delivery timeframes are calculated from the date production is completed and the Goods are dispatched. While KEIM Australia aims for timely delivery, the Buyer acknowledges that regional areas should expect further transit days beyond standard metropolitan estimates.
4.3 Communication: Our team will make reasonable efforts to provide the Buyer with regular updates regarding production status and anticipated delivery windows.
4.4 Liability Disclaimer: KEIM Australia is not liable for any loss, damage, or expense—including labour costs, scaffolding hire, or liquidated damages—arising from a delay in delivery or failure to deliver.
4.5 Proof of Delivery (POD): The Buyer acknowledges that photographic evidence of delivery at the nominated site or a carrier’s tracking record shall constitute conclusive proof of delivery. Payment may not be withheld due to the absence of a physical signature.
4.6 Force Majeure: The Supplier is excused from performance if delayed by events beyond its control, including international shipping disruptions, port closures, or raw material shortages.

5. Warranties and Limitation of Liability

5.1 Consumer Law: Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law ("ACL").
5.2 Limited Remedy: To the maximum extent permitted by law, the Supplier’s liability is limited, at its option, to the replacement of the Goods or the cost of replacing the Goods.
5.3 Technical Disclaimer: The Supplier is not liable for any defect or failure caused by:
- (a) Faulty substrate preparation, rising damp, or structural movement;
- (b) Application by unqualified persons or failure to follow Technical Data Sheets (TDS);
- (c) Intermixing KEIM products with third-party binders, thinners, or additives not approved in writing by the Supplier.
5.4 Consequential Loss: The Supplier shall not be liable for any indirect, special, or consequential loss, including loss of profits, loss of revenue, or business interruption.

6. Inspection, Returns, and Claims

6.1 Claims: The Buyer must inspect the Goods on delivery. Claims for short supply, error, or damage must be made in writing within 7 days of delivery.
6.2 Returns: Returns of standard stock items (non-tinted) require prior written approval, will incur a 20% restocking fee, and must be returned in original, unopened condition at the Buyer’s expense.

7. Intellectual Property

7.1 Ownership: All intellectual property, including colour formulations, trademarks, and technical specifications, remains the exclusive property of KEIM Australia. No licence is granted to use these assets for marketing third-party services without express written consent.

8. Indemnity

8.1 Buyer Indemnity: The Buyer indemnifies the Supplier against all costs, claims, and expenses (including legal costs on a solicitor-client basis) arising from the Buyer’s breach of these Conditions or the negligent use, storage, or application of the Goods by the Buyer or its contractors.

9. Jurisdiction

9.1 Governing Law: These Conditions are governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales.

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Part B: Website Terms of Use

1. General Website Disclaimer

1.1 Information Accuracy: The information on this website has been prepared in good faith. However, to the maximum extent permitted by law, KEIM Australia accepts no responsibility for errors, omissions, or reliance on the information provided on this site.
1.2 "As Is" Basis: This website and its contents are provided on an "as is" basis. It is the user's responsibility to verify the accuracy and suitability of information, such as colour representations and product specifications, before relying on it.

2. Intellectual Property and Copyright

2.1 Ownership: All copyright, trademarks, logos, images (including project galleries and case studies), text, graphics, and other content on this website are owned by or licensed to KEIM Australia.
2.2 Permitted Use: You may view, download, and print material from this website for personal, non-commercial use, or to specify KEIM products for a project.
2.3 Restrictions: You must not reproduce, distribute, adapt, or use material from this site for commercial marketing purposes without prior written consent from KEIM Australia.

3. Third-Party Links

3.1 External Sites: This website may include links to third-party websites. These are provided for convenience only and do not imply endorsement. KEIM Australia is not responsible for the content, accuracy, or security of third-party websites.

4. Privacy and Data Collection

4.1 Cookies: We may use cookies and similar technologies to improve website performance and personalise your browsing experience.
4.2 Personal Data: Any personal information collected through this website (such as contact forms or online orders) is handled strictly in accordance with our Privacy Policy.

5. Unsolicited Submissions

5.1 Ideas and Materials: We do not accept confidential or proprietary information submitted via this website. Any unsolicited ideas, marketing proposals, or product concepts submitted to KEIM Australia will become our property and may be used without restriction or compensation.