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PO Box 4062, Swan View WA 6056

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Order Quantities – Work Area Safety Poles

In the interests of keeping our manufacturing and shipping costs as low as possible for our valued clients, this product is currently only available in ordered lots of 12 units. We also provide free shipping to any West Australian metropolitan freight distribution depots. Any additional freight or insurance charges will need to be discussed prior to placing your order.

Key Benefits

High Visibility
Low Cost
Revolutionary new system to hang underground mine safety signage with optional safety enhancements.
Utilises existing signage, commonly used beacons, plus has potential to use proximity enabled devices.

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Underground Mining Safety Systems
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© 2024 Work Area Safety Poles - ABN 50 686 447 251. All Rights Reserved. Designed by Crazy Domains

Terms of Trade | Terms of Use & Privacy Policy

Introduction

This website at URL address: [www.workareasafetypoles.com.au] (Website) is owned and operated by Bradley Robert Hutchings of Greenmount in the State of Western Australia trading as Work Area Safety Poles (ABN 50 686 447 251) (the “Owner”).

These Terms of use are important and govern your use of the Website. Please read them carefully. By using the Website you agree to be bound by these Terms of use. The Owner reserves the right to change these Terms of use at any time without notice and by using the Website you agree to be bound by such changes. If you do not agree with the Terms of use, please do not use the Website.

These Terms of use do not relate to your use of any product, service, process or technology described on the Website and you are referred to the individual product warranty relevant to that particular product, service, process or technology.

To report any problems regarding the Website, please contact the Owner at:

Telephone: 0407 382 270

Email: bradhutchings@yahoo.com

Privacy policy

The Owner’s Privacy policy is incorporated into and forms part of these Terms of use.

The Owner may collect, use, disclose and hold personal information about you for the purposes of providing information to you for the business of the Owner.

The Owner collects personal information about you and/or your designated nominee in a number of ways including when you directly correspond with the Owner including any agent, employee or designee and when you make use of the Owner’s website.

The Owner including any agent, employee or designee takes all reasonable steps to ensure that information collected about you is accurate, complete and up to date. If you choose not to provide your personal information then it may not be possible for us to assist you.

The Owner including any agent, employee or designee may disclose your personal information to third parties, such as any postal or delivery service and organisations who provide services to us in connection with the business of the Owner. Where required to do so by law, we will disclose personal information about you.

Intellectual property rights

The Owner is the owner of all right, title and interest (including present and future copyright) in the Website, save and except for those owing to the Website developer.

All material including domain names, names, text, graphics, images, photographs, illustrations, diagrams, logos, buttons, icons, software, and all products, services, processes and technologies described on the Website (Material) are owned exclusively by the Owner, its related bodies corporate or others who have licensed their material to the Owner (unless expressly indicated otherwise).

For the avoidance of any doubt, the Owner and all product and service names, design marks and slogans are the trademarks or service marks or patents of the Owner.

Your use of the Website

You are granted a non-exclusive, non-assignable and non-transferable licence to use this Website only under these Terms of use.

You may use the Website and view and access the Material only for your personal and non-commercial use. Nothing in these Terms of use or the Website will be construed as granting to you ownership of the Material or any proprietary right to the copyright, trademarks, patents or other intellectual property rights of the Owner, its related bodies corporate or any third party.

You may not sell, modify, copy, distribute, transmit, display, perform, reproduce, republish, licence, frame, upload, transmit, post, communicate or use the Materials except:

• as expressly authorised either in the Website or these Terms of use; or

• as authorised in writing by the Owner.

You may not use any trademark or service mark appearing on this Website without the prior written consent of the Owner or the owner of the trademark.

You must not use any so-called spider or similar automated software or device to use or access the Website or the Materials in any way.

Your responsibilities

You may only use the Website for lawful purposes, in a responsible and co-operative manner, and in accordance with these Terms of use.

It is your responsibility to ensure that your use of the Website complies with the Terms of use and to seek prior written permission from the Owner for any uses not expressly permitted.

The Owner prohibits the use of the Website, for any of the following:

• transmitting or posting any message, information, data, text, software or images, or other materials (Content) that is unlawful, harmful, threatening, abusive, harassing, sexually explicit, defamatory, vulgar, obscene, libellous, hateful, racially, ethnically or otherwise objectionable or invasive of another’s right of privacy;

• impersonating any person or entity or to falsely state or to otherwise misrepresent your affiliation with a person or entity;

• posting or transmitting any Content that you do not have a right to reproduce, display or transmit or that infringes the rights of any person, or entity;

• posting or transmitting any Content that contains a virus or corrupted data;

• using any device, software, or routine that interferes with or attempts to interfere with the proper functionality of the Website;

• attempting to decipher, decompile, disassemble or reverse engineer any of the software that makes up the Website or the Materials or for the purpose of creating derivative works from the Website.

Submissions to the Owner

If you are invited to post Content on the Website by the Owner, the Owner reserves the right (but assumes no obligation) to remove or amend any such Content. The Owner reserves the right not to accept unsolicited Content or other material.

By submitting any Content to any public or non-public areas of this Website, you automatically grant the Owner the royalty-free, perpetual, irrevocable, non-exclusive, transferable right and licence to use, reproduce, modify, adapt, publish, distribute, translate, create derivative works from, perform and display such content (in whole or part) worldwide or to incorporate it in other works in any form, media, or technology now known or later developed, without restriction or compensation.

You also warrant that the holder of any rights, including moral rights in such Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant to the Owner the rights and licence stated above. Subject to the foregoing, the owner of such Content placed on our Website retains any and all rights that may exist in such Content.

Career information

The Owner may from time to time request applications from people interested in seeking employment with the Owner. the Owner may not confirm receipt or otherwise respond to an employment application but will endeavour to retain such application for a period 6 months from the date of receipt. Notwithstanding the previous section titled Submissions to the Owner, the Owner will protect your employment application in accordance with the Owner’s Privacy policy.

Work Health and Safety information

All Work Health and Safety information displayed on this Website, if any, is presented in summary form only and is intended to provide general consumer understanding of the intended operation and benefits of the Owner’s products displayed from time to time on this Website. Detailed information about the operation of Owner’s products may be obtained by contacting the Owner. Information on the operation and maintenance of Owner’s products will also be supplied at the time of purchase and installation of the Owner’s products. The information displayed on this Website should not be relied on as your sole source of information for the operation and maintenance of the Owner’s products.

Links and connections to other parties and other site

The Website may contain links or other connections to websites operated by parties other than the Owner (Links). These Links are provided for convenience only. If you use a Link to access a third party website, you do so entirely at your own risk. The Owner’s inclusion of Links or other connections to third party websites does not imply any endorsement of the material on them or any association with their owners or operators. Websites accessed via Links may contain advertisements by other people. These advertisements are not recommendations or endorsements by the Owner and the Owner is not responsible for the products and/or services being advertised.

Disclaimers, warranty exclusions and limitation of liability

You acknowledge and agree that use of this Website is at your sole risk. The Owner makes no representation or warranty:

• as to the availability of any product, good, service, process or technology described on the Website;

• that the functions contained in the Website or your access to the Website will be error-free;

• that any defects on the Website or the Materials will be corrected;

• that any information, apparatus, product, software or process used or disclosed on the Website or any Material accessible from the Website will be accurate, up to date, complete or useful; or

• that the Website or the server which stores and transmits the Material to you are free from viruses or any other harmful components.

To the fullest extent permitted by law, the Owner, its related bodies corporate and their officers, employees, agents and contractors (Owner’s Group) disclaims all warranties of any kind (whether express or implied) in relation to the Website and the Material and will not be liable for any direct or indirect damage (including special and/or consequential damage, such as loss of business, loss of profits or loss of data) which results from any use or access of, or any inability to use or access the Website or the Material even if the Owner or any other member of the Owner’s Group was made aware of the possibility of such damages.

Without limitation to the foregoing, the Owner’s Group acknowledges that the laws in certain jurisdictions including Australia may imply warranties and conditions or impose obligations on the supply of goods and services through or by means of the Website which cannot be excluded, restricted or modified except to a limited extent. If any such laws apply, then to the fullest extent permitted by the law of the relevant jurisdiction and in the case of Australia to the extent permitted by The Australian Consumer Law in the Competition and Consumer Act 2010 (Cth), the Owner’s Group limits its liability and if any liability remains it will be limited to any one or more of the following in its sole discretion:

• in the case of any goods, the replacement or repair of the goods, or the supply of equivalent goods, or the payment of the cost of repairing or replacing the goods or supplying equivalent goods; and

• in the case of any services, the supply of the services again or the payment of the cost of having the services supplied again.

Without limitation to the foregoing, you agree that the liability of the Owner and the Owner’s Group, if any, arising out of any kind of legal claim or action in any way connected to the Website or the Material will not exceed the sum of AUD$1.00.

Indemnity

You indemnify the Owner’s Group from and against all claims, actions, liabilities, costs and expenses (including legal costs on a full indemnity basis) resulting from your failure to comply with these Terms of use.

Termination

The Owner may, in its sole discretion and without prior notice to you, terminate your licence to access to the Website and the Materials if you breach these Terms of use.

Agreement

These Terms of use represent the entire binding agreement between you and the Owner, and our respective successors and assigns, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding the Owner, the Website, or the information and contents on the Website.

Waivers of any obligation or right

No waiver of any obligation or right by the Owner will be effective unless in writing and executed by the Owner.

Applicable law

The Website is controlled by the Owner from its offices in Western Australia. The Owner makes no representation that the Material or the Website is appropriate or available for use in other locations. Those who chose to access the Website from locations outside of Australia do so at their own initiative and are responsible for compliance with local laws.

These terms will be governed by and construed in accordance with the laws of Western Australia and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Western Australia.

If any provision in these Terms of use is found to be invalid or unenforceable by a court of Western Australia, such invalidity or unenforceability will not affect the reminder of these terms and conditions which will continue in full force and effect.

Copyright © 2023 of the Owner. All Rights Reserved.

Sole Terms

1. These conditions of sale apply to all transactions between the Buyer and the Seller, including all quotations, offers, orders or sales.

2. These conditions (which will only be waived or varied in writing signed by the Seller) will prevail over all conditions of the transaction to the extent of any inconsistency.

Delivery

3. While the Seller endeavours to keep delivery dates, any delay of delivery, for any reason whatsoever, will not entitle the Buyer to claim for any consequential loss or damage or to cancel, rescind or terminate the agreement.

4. Should circumstances beyond the control of the Seller prevent or hinder delivery, the Seller will be free from any obligation to deliver goods while such circumstances continue. For as long as such circumstances exist, the Seller may, at its option, cancel, rescind or terminate all or any part of the contract or keep the contract on foot until such circumstances have ceased. Such circumstances beyond the control of the Seller include, but are not limited to: strikes, lockouts, rebellions; fire; acts of God; shortages of raw materials; Government decrees, proclamations or orders; transport difficulties; and failures or malfunctions of computers or other information technology systems.

5. The Seller reserves the right to over-supply or under-supply any order within reasonable limits. The Buyer will pay for any such over-supply at the unit price for the delivered goods.

Instalment Deliveries

6. Deliveries by instalments must be requested by the Buyer within the times stipulated in the contract.

7. Where the Buyer fails to request or accept instalment deliveries in accordance with the terms of the contract:

(a) the Seller may store the goods at the risk and cost of the Buyer; and

(b) the Buyer will be deemed to be in default of payment for the delivery.

8. Where goods are ordered for delivery by instalments, each instalment delivery is deemed to be a separate order and a separate contract performed by the Seller upon delivery of that instalment.

Risk

9. Risk in each order will pass to the Buyer upon delivery of that order to the Buyer or upon collection of that order by the Buyer’s agent or courier as the case may be.

10. Subject to clause 7, where, in accordance with these terms, the Seller accepts return of any goods, risk in those goods will revert to the Seller upon delivery of the goods to the Seller or upon collection of the goods by the Seller’s agent or courier as the case may be.

11. Any property of the Buyer’s under the Seller’s custody or control will be entirely at the Buyer’s risk as regards loss or damage caused to the property or by it.

Retention of Title

12. Notwithstanding delivery of the goods to the Buyer, until the Buyer has effected full payment for the goods and any other goods previously supplied by the Seller:

(a) legal title to the goods will remain with the Seller;

(b) the risk in the goods will pass to the Buyer on delivery to the Buyer or its agent;

(c) the relationship between the Seller and the Buyer will be fiduciary;

(d) the Buyer will:

(i) hold the goods as bailee for the Seller;

(ii) keep these goods separate from other goods; and

(iii) label the goods so that they are identifiable as the goods of the Seller;

(e) with the Seller’s consent (which is given), the Buyer is at liberty to sell the goods, in the ordinary course of the Buyer’s business, provided that the money resulting from the sale will

(i) be held in a separate account in trust for the Seller;

(ii) not be mingled with other money; and

(iii) not be placed into an overdrawn account; and

(f) in the event that the Buyer uses the goods in some manufacturing or construction process of its own or of some third party then the Buyer will hold such part of the proceeds of such manufacturing or construction process as relates to the goods in trust for the Seller. Such part will be deemed to equal in dollar terms the amount owing by the Buyer to the Seller at the time of receipt of such proceeds.

13. The Buyer is not an agent of the Seller in any sale of the goods by the Buyer.

14. After the happening of an Event of Default, the Seller may without demand retake possession of the goods and may without notice sell the goods on such terms and in such manner as it determines and will be entitled to deduct all expenses incurred. For the purposes of recovering possession and without limiting the generality of the foregoing, the Buyer irrevocably authorises and licenses the Seller and its servants and agents to enter any premises where any goods may be stored and to take possession of the goods.

PPSA

15. Unless otherwise defined in these terms, the capitalised terms and expressions used in clauses 15 to 24 have the meanings given to them in the Personal Property Securities Act 2009 (Cth) (PPSA).

16. The Buyer acknowledges and agrees that it will grant to the Seller a Security Interest in the goods and their Proceeds, including any Accounts, Accessions and Commingled Goods.

17. The Buyer acknowledges that any purchase by it on credit terms from the Seller, or any retention of title supply pursuant to these terms, Attaches on delivery of the relevant goods and constitutes a Purchase Money Security Interest.

18. The Buyer agrees that:

(a) these terms or, subject to the Seller giving the Buyer at least 30 days notice, such other terms and conditions as the Seller may adopt from time to time, apply to the supply of goods by the Seller to the Buyer to the exclusion of all other terms and conditions of sale or purchase to the extent permitted by law and constitute a Security Agreement pursuant to the PPSA;

(b) no variation to these terms will be of any effect unless agreed to by the Seller in writing;

(c) the goods supplied by the Seller secure the payment of the purchase price of those goods and of any other goods supplied by the Seller with priority to the fullest extent permitted by law over all other registered or unregistered Security Interests;

(d) the Buyer will do all the things necessary in the Seller’s reasonable opinion, including providing all information the Seller requires, to register a Financing Statement or Financing Change Statement on the Register as a Security Interest and/or a Purchase Money Security Interest;

(e) the Buyer will not change its name or ABN or other details required in respect of registration, or maintenance of registration, of each Security Interest on the Register, without first notifying the Seller in writing;

(f) the Buyer waives its right to receive a Verification Statement in respect of any Financing Statement or Financing Change Statement in respect of any Security Interest created pursuant to these terms; and

(g) the Buyer must pay the Seller’s costs of any discharge or necessary amendment of any Registration. The Seller reserves the right to charge an administration fee for registration, or maintenance of registration, of any Security Interest arising under these terms.

19. If the provisions of Chapter 4 of the PPSA would otherwise apply, to the maximum extent permitted by law, the Buyer agrees that Sections 129(3), 132(3)(d), 132(4), 134(1), 135, 142 and 143 of the PPSA will not apply.

20. To the maximum extent permitted by law, the Buyer contracts out of, and waives any rights the Buyer may have pursuant to, Sections 95 and 96, and if the provisions of Chapter 4 of the PPSA would otherwise apply, Sections 117, 118, 121(4), 123, 129(2) and 130 of the PPSA

21. In addition to any other rights under these terms, the Seller may exercise any and all remedies set out in the PPSA including, without limitation, entry into any building or premises owned, occupied or used by the Buyer, to search for and seize, dispose of or retain those goods in respect to which the Seller has a Security Interest. In this regard, the Buyer acknowledges that Sections 126, 128, and 129(1) of the PPSA relating to seizure of goods and disposal of seized goods apply.

22. The Buyer agrees with the Seller that neither will disclose any confidential information of the kind referred to in Section 275(1) of the PPSA and that this clause 22 constitutes a confidentiality agreement within the meaning of Section 275(6)(a) of the PPSA.

23. The Buyer waives any rights the Buyer may have under Section 275(7)(c) of the PPSA to authorise disclosure of any confidential information that is protected from disclosure under clause 22.

24. The Buyer appoints and authorises the Seller as the Buyer’s attorney to sign in the Buyer’s name all documents which the Seller reasonably considers necessary to enforce or protect the Seller’s rights and powers under these terms and to protect, preserve and enforce the Seller’s rights under the PPSA.

Payment

25. The Buyer will pay the full price of each order to the Seller on or before the last working day of the calendar month following the month of supply. If payment is not made on or before the last working day of the calendar month following the month of supply the Seller may without demand retake possession of the goods and may without notice sell the goods on such terms and in such manner as it may determine and will be entitled to deduct all expenses incurred. For the purpose of recovering possession, and without limiting the generality of the foregoing the Buyer hereby irrevocably authorises and licences the Seller and its servants and agents to enter upon any premises where any goods may be stored and to take possession of the goods.

26. All applicable taxes, duties or levies (including GST) on the sale of the goods will be to the Buyer’s account.

27. The Seller may, at its option and without prejudice to any of its rights, either suspend further deliveries, require payment in advance or terminate any contract by written notice to the Buyer where the Buyer:

(a) defaults on any payment due under the agreement;

(b) being a natural person, commits an act of bankruptcy;

(c) being a corporation, is subject to:

(i) a petition being presented, an order being made or a meeting being called to consider a resolution for the Buyer to be wound up, deregistered or dissolved;

(ii) a receiver, receiver and manager or an administrator under Part 5.3A of the Corporations Act 2001 being appointed to all or any part of the Buyer’s property and undertaking.

(iii) the entering of a scheme of arrangement (other than for the purpose of restructuring); or

(iv) any assignment for the benefit of creditors.

Acceptance of Goods

28. The Buyer will inspect the goods immediately upon delivery to the Buyer or upon collection of that order by the Buyer’s agent or courier as the case may be.

29. All claims against the Seller regarding the quality, nature, fitness, suitability, conformance with description or defects of the goods must be made in writing to the Seller within 30 days of delivery. The Seller does not accept liability for any such claim not made in accordance with these terms.

30. In the event of justified objection notified by the Buyer to the Seller in accordance with these terms, the Seller may, at its option:

(a) reduce the purchase price by agreement with the Buyer;

(b) accept the return of the goods and, subject to the goods being returned in the same condition as when they were delivered to the Buyer, refund to the Buyer the purchase price; or

(c) replace the goods

and no additional claims of any nature whatsoever may be made against the Seller.

Advice and Information

31. Any advice, recommendation, information, assistance or service given by the Seller in relation to goods sold or manufactured by the Seller or their use or application is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given, but is provided without any warranty of accuracy, appropriateness or reliability and the Seller does not accept any liability or responsibility for any loss suffered from the Buyer’s reliance on such advice, recommendation, information, assistance or service.

Competition and Consumer Act 2010 (Cth)

32. The terms in these conditions of sale that exclude or limit the owner’s liability will apply only to the extent permitted by law. Provisions of the Competition and Consumer Act 2010 (Cth) (as amended) and other statutes from time to time in force cannot be excluded, restricted or modified or can only be restricted or modified to a limited extent. These conditions of sale must be read and construed subject to any such statutory provisions. If any such statutory provisions apply, then to the extent to which the owner is entitled to do so, its liability under those statutory provisions will be limited at its option to:

(a) the replacement of the goods or the supply of equivalent goods;

(b) the repair of the goods;

(c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(d) the payment of the cost of having the goods repaired.

Definitions

Seller means Bradley Robert Hutchings of Greenmount in the State of Western Australia trading as Work Area Safety Poles (ABN 50 686 447 251) (Business) including any employee, associate, assistant, designee or any assigns or any transferee of the Business.

Buyer means any purchaser or acquirer of goods from the Seller