TERMS & CONDITIONS

Definitions.

 

Product and/or Service or Products and/or Services - All products and services including but not limited to the supply of: equipment, machinery, parts, spare parts, tickets for events, commissioning of equipment, design, training, maintenance, reports, audits and assessments offered for sale by Novella Group Pty Ltd T/A Static Electricity Control and Lightning Protection EPC & supporting the Centre for Static Electricity and Lightning Protection CSELP.

 

Customer or Customer's - A person or entity that engages with Novella Group Pty Ltd T/A Static Electricity Control and Lightning Protection EPC & Centre for Static Electricity and Lightning Protection CSELP for the purpose of but not limited to: purchasing a Product and/or Service, requests for an Product and/or Service quotation. Customer's include but are not limited to, Individuals, Companies, Sole Traders, NGOs,  Electrical Distributors & Wholesalers, Resellers & Agents.

 

All Customer activity in relation to Products and/or Services offered by NOVELLA GROUP PTY LTD T/A Static Electricity Control and Lightning Protection EPC & supporting the Centre for Static Electricity and Lightning Protection CSELP are subject to the Terms and Conditions as set out below:

 

1. General

 

All orders or quotations for Products and/or Services, will be accepted by NOVELLA GROUP PTY LTD T/A Static Electricity Control and Lightning Protection EPC & supporting the Centre for Static Electricity and Lightning Protection (SEC/LPEPC & CSELP) are subject to these Terms and Conditions. Any person who places an order or requests a quotation for Products and/or Services, with (SEC/LPEPC & CSELP) will be designated as a Customer and is bound by these Terms and Conditions. No other terms will apply to the supply of Products and/or Services, by (SEC/LPEPC & CSELP) unless agreed in writing by an authorised signatory of (SEC/LPEPC & CSELP). (SEC/LPEPC & CSELP) reserves the right to amend any or all of these Terms and Conditions at any time without prior notice to the Customer. It is the Customer's responsibilty to check the Terms and Conditions on a regular basis to ensure they are operating within and are compliant to the latest Terms and Conditions. The Customer agrees to review these Terms and Conditions regularly and continued interaction with (SEC/LPEPC & CSELP) such as but not limited to advice, quotations and invoices provided by (SEC/LPEPC & CSELP) for Products and/or Services will mean that the Customer agrees to any changes. The most current version of these terms and conditions can be found at www.cselp.com

 

Descriptions of the Products and/or Services, in the (SEC/LPEPC & CSELP) websites, webshop, newsletters or catalogues or otherwise communicated to the Customer are approximate only and shall not form any part of the contract with the Customer. (SEC/LPEPC & CSELP) shall not be liable to the Customer for any errors or omissions in its websites, webshop, newsletters or catalogues. The advertising of Products and/or Services in the (SEC/LPEPC & CSELP) websites, newsletters or catalogues is not an offer capable of acceptance, it merely constitutes an invitation by (SEC/LPEPC & CSELP) for the Customer to make an offer. (SEC/LPEPC & CSELP) is a business-to-business supplier. The (SEC/LPEPC & CSELP) websites, newsletters or catalogues are intended for use by business Customer's.

 

2. Prices

 

Prices of Products and/or Services as set out in the (SEC/LPEPC & CSELP) websites, newsletters or catalogues are current at the date of dispatch of the Products and/or Services. The prices for Products and/or Services which are not listed in the (SEC/LPEPC & CSELP) websites, newsletters or catalogues will be sold at the prices set out in the relevant (SEC/LPEPC & CSELP) quotation. (SEC/LPEPC & CSELP) reserves the right to change prices without prior notice to the Customer at any time.

 

Up-to-date prices can be found by contacting cselp@cselp.com

 

3. GST

 

"GST" means the goods and services tax under the A New Tax System (Goods and Services Tax) Act 1999 (Cth). GST is a broad-based tax of 10% on the supply of goods and services. All quoted prices exclude GST which is then added to the quoted price. If GST applies to any supply the Customer must pay an additional amount equal to the amount of GST. (SEC/LPEPC & CSELP) will provide a GST-compliant tax invoice within 28 days of a request.

 

4. Ordering

 

(SEC/LPEPC & CSELP) reserves the right to decline to trade with any Customer and may decline to accept any order.

 

At the time of ordering, (SEC/LPEPC & CSELP) will not substitute any Products and/or Services for another unless requested by the Customer, or unless the Product and/or Service has been superseded by the latest version. If the Customer confirms telephone, fax or internet orders, the confirmation must be marked 'confirmation only' to avoid duplication. If the Customer orders the wrong Products/and or Services or quantity, or duplicates orders, clause 12 will apply.

 

These Terms and Conditions, the Quotation, Invoice or Purchase Order and any applicable Product Specifications agreed by (SEC/LPEPC & CSELP) and the Customer, represent the entire agreement between (SEC/LPEPC & CSELP) and the Customer. The Customer shall, by accepting the Quotation or Invoice, be bound by these Terms and Conditions. These Terms and Conditions shall apply to the exclusion of all other Terms and Conditions, whether contained in the Customer Purchase Order or Conditions of Order or otherwise.

 

5. Delivery

(SEC/LPEPC & CSELP) will aim to deliver Products and/or Services in accordance with the Customer order. The Customer delivery options, and the prices for them, will be notified to the Customer at the time of order or by quotation. Delivery will be made to the Customer usual business address, unless otherwise agreed in writing.

 

Times and dates for delivery quoted by (SEC/LPEPC & CSELP) are approximate only and (SEC/LPEPC & CSELP) shall not be liable for the consequences of any delay in delivery.

 

If any delivery is late, the Customer must notify (SEC/LPEPC & CSELP), and (SEC/LPEPC & CSELP) will endeavour to ascertain if the Products and/or Services has been delivered or the expected delivery time of the Products and/or Service to the Customer. If a revised delivery time is not acceptable (SEC/LPEPC & CSELP) may offer an alternative delivery option.

 

6. Inspection, Transit Delays and Non-delivery

 

The Customer must inspect all Products and/or Services as soon as reasonably possible after delivery and shall, within 24 hours of delivery or, in the case of (iv), the due date for delivery, give written notice to (SEC/LPEPC & CSELP) of:

 

i. Any defect in a Products and/or Services that is apparent on reasonable examination. In this case (SEC/LPEPC & CSELP) shall, at (SEC/LPEPC & CSELP) discretion, replace the Products and/or Services or refund the purchase price (See clause 10 for terms of warranty).
ii. Any shortfall in Products and/or Services delivered. In this case (SEC/LPEPC & CSELP) shall, at its discretion, deliver the undelivered Products
iii. Any delivery of Products and/or Services not in accordance with the order. In this case (SEC/LPEPC & CSELP) shall, at (SEC/LPEPC & CSELP) discretion, replace the Products and/or Services.
iv. Any non-delivery of the Products and/or Services. In this case (SEC/LPEPC & CSELP) shall deliver the undelivered Products and/or Services.


If the Customer fails to give any such notice, the Customer will be deemed to have accepted the relevant order as being delivered in accordance with the Customer's instructions and to have accepted the Products and/or Services as being free from all apparent defects.

The remedies set out above are the Customer's exclusive remedies in the circumstances described in paragraphs (i) to (iv) above. (SEC/LPEPC & CSELP) shall not be liable for any other losses, damages or expenses.

 

7. Payment

 

If (SEC/LPEPC & CSELP) has not granted credit to the Customer, payment terms are cash with order. Credit terms (subject to satisfactory references and at (SEC/LPEPC & CSELP) absolute discretion) are available. If credit has been granted, the Customer must pay 7 days from invoice. All payments must be made without any set-off, deduction or counterclaim.

 

If any sum is not paid on the due date for payment:

 

i. All sums then outstanding from the Customer will immediately become due and payable notwithstanding that such sums would not otherwise be due until a later date;
ii. The Customer will be liable to pay all expenses and legal costs incurred by (SEC/LPEPC & CSELP) in relation to obtaining or seeking to obtain an appropriate remedy; and
iii. (SEC/LPEPC & CSELP) may charge the Customer interest calculated on the unpaid amount and accrued during the period from the due date until payment is made in full (whether before or after judgement) at the rate of one per cent per month, compounded monthly.

 

8. Passing of Risk and Property

 

Risk of loss of or damage to the Products and/or Services shall pass to the Customer on delivery. Ownership of the Products and/or Services shall not pass to the Customer until all sums due to (SEC/LPEPC & CSELP) from the Customer for those Products and /or Services have been received by (SEC/LPEPC & CSELP), and until that time (SEC/LPEPC & CSELP) shall be entitled to the immediate return of all Products and/or Services if the Customer is late in paying any sum to (SEC/LPEPC & CSELP). The Customer authorises (SEC/LPEPC & CSELP) and its agents to enter any premises of the Customer and to recover the Product and/or Services for that purpose.

 

9. Product and Availability Information

 

(SEC/LPEPC & CSELP) reserves the right to discontinue any Products and/or Services or to change them at any time. Unless otherwise confirmed, nothing in the website, webstore, newsletter or catalogue is to be taken as a representation of the source of origin, manufacture, or production of any Products and/or Services or any part of them.

 

10. Warranty

 

To the extent permitted by the Competition and Consumer Act 2011 (CCA):

 

i. For Products: (SEC/LPEPC & CSELP) warrants that if any Products and/or Services (with the exception of Newson Gale or Meech Products and/or Services) is defective, it will, at its option, replace or repair the Products and/or Services or refund the purchase price. This warranty is subject to a claim being notified in writing to (SEC/LPEPC & CSELP) within 12 months of the date of invoice of the Products and/or Services.
ii. For Services: (SEC/LPEPC & CSELP) warrants that if any Products and/or Service (with the exception of Newson Gale or Meech Products and/or Services) is defective, it will, at its option, either rectify the Products and/or Services or supply to the Customer free of charge a substitute Products and/or Services in place of the defective Products and/or Services. This warranty is subject to a claim being notified in writing to SEC & MASC within 12 months of the date of the invoice.

 

These warranties shall not apply to any defect which arises from improper use, failure to follow the product instructions, or any repair or modification made without the consent of (SEC/LPEPC & CSELP). The Customer must deal with the defective Products and/or Services in accordance with (SEC/LPEPC & CSELP) instructions.

 

The Customer must contact (SEC/LPEPC & CSELP) to notify (SEC/LPEPC & CSELP) in advance of the return of any Products and/or Services and obtain a returns number, to be quoted on all paperwork. Returned Products and/or Services are at the cost of the Customer and must be accompanied by an advice note stating the invoice number and the nature of the defect. Where the Customer does not return Products and/or Services in accordance with this clause 9, (SEC/LPEPC & CSELP) may refuse such Products and/or Services and return them to the Customer at the Customer's cost.

 

To the extent permitted by the CCA, the remedies set out above shall be (SEC/LPEPC & CSELP) sole liability and the Customer's sole remedy for any breach of warranty and in respect of the supply of Products and/or Services. Save as expressly provided in these Terms and Conditions, all implied warranties, Terms and Conditions concerning the supply of Products and/or Services are excluded to the fullest extent permitted by law (including, without limitation, the implied terms of satisfactory quality, fitness for purpose and provision of services with reasonable care and skill). The Customer acknowledges that it is responsible for ensuring that the Products and/or Services it orders are fit for the purposes for which it intends to use them.

 

In giving the warranties set out above, (SEC/LPEPC & CSELP) does not exclude or limit any application of the Competition and Consumer Act 2011 (CCA) where to do so would contravene the CCA or cause any term of these conditions to be void ("Non Excludable Condition"). These warranties are in addition to any Non- Excludable Conditions.

10.1 Warranty - Meech or Newson Gale Products and/or Services

Any warranty claim in relation to Meech or Newson Gale Products and/or Services is subject to Meech Static Eliminators Ltd or Newson Gale Ltd warranty policy and/or product warranty statement. (SEC/LPEPC & CSELP) act only as an intemediary between the Customer and Meech Static Eliminators Ltd or the Customer and Newson Gale Ltd in this instance, by providing advice to the Customer and assisting where required with the warranty process as requested by Meech Static Eliminators Ltd and or Newson Gale Ltd. Where a warranty policy or product warranty statement is unavailable (SEC/LPEPC & CSELP) will seek clarification from Newson Gale Ltd or Meech Static Eliminators Ltd on behalf of the customer.

 

11. Limitations of Use

 

Products sold by (SEC/LPEPC & CSELP) are not recommended or authorised for use in life support, surgical implantation or nuclear applications or for any use or application in which the failure of a single component could cause substantial harm to persons or property.

 

12. Hazardous Areas

 

The Customer agrees to indemnify (SEC/LPEPC & CSELP) from the following:


I. To the extent permitted by the law, (SEC/LPEPC & CSELP) shall not be under any liability for damage, losses (whether direct, indirect or consequential), expenses, liabilities, injuries, loss of profits, business or economic loss, depletion of goodwill, costs (including legal costs), claims, demands, proceedings, judgments or otherwise resulting from the failure to give advice or information or the giving of incorrect advice or information (including through the (SEC/LPEPC & CSELP) technical helpline) whether or not due to its negligence or that of its employees, agents or sub-contractors: in relation to any Products and/or Services including maintenance for Hazardous Areas.

 

II. (SEC/LPEPC & CSELP) shall not be liable for any economic loss, punitive damages, loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, as may result from, or be connected with the supply of any goods or services for a hazardous area

 

III. (SEC/LPEPC & CSELP) shall not be liable for any economic loss, punitive damages, loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, as may result from, or be connected with the supply of any goods or services supplied to a customer for an incorrectly classified hazardous area or non-hazardous area.

 

***HAZARDOUS AREAS & NON HAZARDOUS AREAS*** It is the responsibility of the Customer, reseller, client or owner/occupier, manager or person in control of the site/installation to provide SEC and MASC all relevant documentation including but not limited to the; Plant Verification Dossier, Hazardous Area Classification Report, Hazardous Area Classification Diagram and Conformity Assessment documents, specification or design requirements. (SEC/LPEPC & CSELP) do not install equipment. Any installers (appointed by the Customer) such as but not limited to; electricians, technicians, fitters & engineers must comply with the relevant Australian/ New Zealand Standards and meet the requirements as set out by each State and or Territory; Electricity Act, Occupational Health & Safety Act, Work Health & Safety Act. (SEC/LPEPC & CSELP) act solely as a supplier of goods. The Customer accepts responsibility for the installation of goods supplied by SEC & MASC in accordance with all relevant regulatory State Acts and Australian/New Zealand Standards.

Customers who do not provide all the following documentation including but not limited to the; Plant Verification Dossier, Hazardous Area Classification Report, Hazardous Area Classification Diagram and Conformity Assessment documents, specification and or design requirements to (SEC/LPEPC & CSELP) will be provided with a quotation or invoice for the supply of equipment """site/application/process/design or specification - unseen""".

In the event that a quotation or invoice is provided """site/application/process/design or specification - unseen""", it is incumbent upon the customer to ensure that the  equipment quoted or invoiced by (SEC/LPEPC & CSELP) meets the necessary Australian & New Zealand standards, regulations, codes of practice, specification or design requirements for the intended end user site. Specifically but not limited to  AS/NZS 60079:14, AS/NZS 3000, AS/NZS 1020, AS/NZS 1768 and all referred standards & TS IEC 60079-32-1. (SEC/LPEPC & CSELP) shall not be liable for any injury, fire or explosion, economic loss, punitive damages, loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, as may result from, or be connected with the supply of any goods or services to a Customer for a hazardous area.

 

13. Installation of Equipment

 

(SEC/LPEPC & CSELP) do not install equipment. The installation of equipment is the responsibility of the Customer.

 

(SEC/LPEPC & CSELP) shall not be liable for any economic loss, punitive damages, loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, as may result from, or be, connected with the installation of any equipment that has been specified by or is represented by (SEC/LPEPC & CSELP).

 

14. Liability

 

To the extent permitted by the law, (SEC/LPEPC & CSELP) shall not be under any liability for damage, losses (whether direct, indirect or consequential), expenses, liabilities, injuries, loss of profits, business or economic loss, depletion of goodwill, costs (including legal costs), claims, demands, proceedings, judgments or otherwise resulting from the failure to give advice or information or the giving of incorrect advice or information (including through the (SEC/LPEPC & CSELP) technical helpline) whether or not due to its negligence or that of its employees, agents or sub-contractors.

 

(SEC/LPEPC & CSELP) shall not be liable for any economic loss, punitive damages, loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, as may result from, or be connected with:

 

i. any express or implied terms of the contract between (SEC/LPEPC & CSELP) and the Customer, or of any order accepted by (SEC/LPEPC & CSELP);
ii. any duty of any kind imposed on (SEC/LPEPC & CSELP) by law; or
iii. any defect in the Products and/or Services.

 

If, notwithstanding any provisions of these Terms and Conditions, any liability attaches to (SEC/LPEPC & CSELP), (SEC/LPEPC & CSELP) liability to the Customer arising out of or in connection with these Terms and Conditions or any order whether in contract, tort or otherwise in respect of one or more of

a. any express or implied terms of the contract between (SEC/LPEPC & CSELP) and the Customer, or of any order accepted by (SEC/LPEPC & CSELP);
b. any duty of any kind imposed on (SEC/LPEPC & CSELP) by law; or
c. any defect in the Products and/or Services, shall be limited in the aggregate to $20 or the total value of the order, whichever is greater.

 

15. Cancellations and Returns

 

The Customer may not cancel orders once accepted by (SEC/LPEPC & CSELP). (SEC/LPEPC & CSELP) may allow an order to be cancelled at its discretion, subject to (SEC/LPEPC & CSELP) recovering from the Customer the costs incurred by (SEC/LPEPC & CSELP). If only part of an order is cancelled, (SEC/LPEPC & CSELP) may invoice the Customer any difference in selling price per unit applicable to the quantity actually despatched prior to cancellation compared to the quantity ordered.

The Customer may only cancel or amend scheduled orders (i.e. orders for Products and/or Services to be delivered periodically and which are specifically sourced for the Customer) if notice is received in writing at least 14 days prior to the next delivery date.

 

The Customer cannot return Products and/or Services to (SEC/LPEPC & CSELP) for a change of mind or for incorrect ordering, and receive a credit or refund

 

16. Services/Repairs

 

(SEC/LPEPC & CSELP) offers repair and maintenance services in respect of Products and/or Services. (SEC/LPEPC & CSELP) may quote a turnaround time target for these Product/and or Services, but will be under no liability if it fails to comply with such target. The conditions which apply to each of the Product and/or Services are set out below:

 

The Repair Service is subject to the availability of parts and is only available if the Product has not suffered excessive physical or electrical damage and is free from modifications (other than those detailed in the Product literature). (SEC/LPEPC & CSELP) may at its absolute discretion either repair the Product or replace it with a substitute Product. Service costs or Replacement costs will apply. Products that are used in a Hazardous Area must be repaired in accordance with manufacturers instructions and any repair must comply with Australian and New Zealand regulations and standards.SEC & MASC shall not be liable for any economic loss, punitive damages, loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, as may result from, or be connected with the repair of any products/goods or services supplied to a customer.

 

These service obligations apply where the general obligations of (SEC/LPEPC & CSELP) under the Warranties and Non-Excludable Conditions do not apply to a given circumstance.

 

17. Rights in the Catalogue and on Websites

 

The Customer acknowledges that (SEC/LPEPC & CSELP) and its licensors own the intellectual property rights in the catalogue or on any website.The reproduction, duplication of intellectual property in a catalogue or on a website including but not limited to images, brand, logos, product information, stock numbers,  without (SEC/LPEPC & CSELP) prior written consent is strictly prohibited.

 

18. Force Majeure

 

A force majeure event is any event beyond the reasonable control of (SEC/LPEPC & CSELP) (including strikes, traffic congestion, the downtime of any external line, or (SEC/LPEPC & CSELP) inability to procure services, materials or articles required for the performance of the contract except at enhanced prices). If (SEC/LPEPC & CSELP) is prevented or restricted from carrying out all or any of its obligations by reason of any force majeure event, then (SEC/LPEPC & CSELP) shall be relieved of its obligations during the period that such event continues, and shall not be liable for any delay and/or failure in the performance of its obligations during such period. If the force majeure event continues for a period longer than 14 days, (SEC/LPEPC & CSELP) may cancel the affected order or cancel the whole or any part of these terms and conditions, without any liability to the Customer.

 

19. Anti-Bribery

 

The Customer shall (and shall procure that persons associated with it or other persons who are purchasing goods or services in connection with this contract shall) comply with all applicable laws, statutes, regulations relating to anti-bribery and anti-corruption, and shall:

 

i. not (directly or indirectly) induce any employee, agent or subcontractor of (SEC/LPEPC & CSELP) to make any concession to or confer any benefit on the Customer, refrain or withhold from doing any act, in return for any gift, money, or other inducement;
ii. not do or omit to do any act that will cause or lead (SEC/LPEPC & CSELP) to be in breach of any of the Relevant Requirements;
iii. promptly report to (SEC/LPEPC & CSELP) any request or demand for any undue financial or other advantage of any kind received by the Customer in connection with the performance of this contract;
iv. have and maintain in place throughout the term of this contract its own policies and procedures, including, but not limited to, adequate procedures to ensure compliance with the Relevant Requirements and shall promptly supply copies of or provide access to such policies on request from (SEC/LPEPC & CSELP).
The Customer is informed that (SEC/LPEPC & CSELP) employees are not permitted to:
v. accept gifts of more than token value, loans, excessive entertainment or other substantial favours from any company or individual that does business with SEC & MASC or seeks to do so;
vi. solicit gifts or other favours from any company or individual that does business with (SEC/LPEPC & CSELP), or seeks to do so.

 

Entertainment is acceptable only if it has a justifiable business purpose. It should be of a reasonable nature and such that (SEC/LPEPC & CSELP) employees, agents or contractors, can reciprocate.

 

Financial restrictions on gifts and entertainment are contained in (SEC/LPEPC & CSELP) Anti-Bribery Policy and further details are available on request.

 

Any breach of this clause 16 shall be a material breach of this contract which is incapable of remedy.

 

20. Privacy and Customer Information

 

(SEC/LPEPC & CSELP) respects the privacy of Customers. The (SEC/LPEPC & CSELP) privacy policy is detailed on its website at www.staticelectricity.com.au ("Privacy Policy").

 

The terms of the Privacy Policy are hereby incorporated into these conditions. Excepting if it would otherwise create or allow a breach of law, the provisions of these conditions of sale nevertheless prevail over any inconsistency between these conditions of sale and our Privacy Policy.

 

(SEC/LPEPC & CSELP) may send to the Customer and its employees details of other products and services offered by the group that may be of interest. If the Customer or its employees do not wish to receive details of these other offers, or wish to amend or correct their details, then they should contact the (SEC/LPEPC & CSELP) marketing department by email on cselp@cselp.com

 

The Customer consents to (SEC/LPEPC & CSELP) disclosing the Customer's name to certain of (SEC/LPEPC & CSELP) suppliers for market research and commission purposes.

 

21. Confidentiality

 

The Customer and any of its employees, including but not limited to 3rd party contractors, subcontractors or agents, family and freinds cannot distribute or disseminate any documentation from (SEC/LPEPC & CSELP) including but not limited to: any emails, quotations, estimates, invoices, pricing or price files, test reports, site reports, maintenance reports & financial reports, without written permission from Mr Cem Novella & (SEC/LPEPC & CSELP) cselp@cselp.com

 

The Customer agrees that if any of its employees, including but not limited to 3rd party contractors, subcontractors or agents, family and freinds distribute or disseminate any documentation from (SEC/LPEPC & CSELP) including but not limited to: any emails, quotations, estimates, invoices, pricing or price files, test reports, site reports, maintenance reports & financial reports, without written permission from Mr Cem Novella & (SEC/LPEPC & CSELP), the Customer may be liable for any economic loss, punitive damages, loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, sustained by (SEC/LPEPC & CSELP).

 

22. Law and Jurisdiction

 

The contract between (SEC/LPEPC & CSELP) and the Customer as applicable to each Customer order shall be governed by and interpreted in accordance with Australian law and the Customer submits to the non-exclusive jurisdiction of the courts of Australia, but (SEC/LPEPC & CSELP) may enforce the contract in any court of competent jurisdiction.

23. SELP Conference Ticketing

Novella Group Pty Ltd T/A Static Electricity Control and Lightning Protection EPC & supporting the Centre for Static Electricity Control ("SEC/MASC & CSELP") provides ticketing services, including the sale and distribution of tickets, as agent for the venue, promoter or person responsible for holding the relevant event (the “Seller”). In providing these services, (SEC/LPEPC & CSELP) owns and operates www.cselp.com (the “Site”).

 

Please read these Terms and Conditions carefully before purchasing a ticket. By purchasing a ticket from (SEC/LPEPC & CSELP), you agree to be bound by these Terms and Conditions.

 

These Terms and Conditions relate both to the sale of tickets and attendance at events. These Terms and Conditions apply to both the original purchaser and any subsequent ticketholders (“you”).

 

 

Variation to Terms and Conditions

(SEC/LPEPC & CSELP) may vary these Terms and Conditions at any time by updating them. Any variations will only apply to ticket purchases made after these Terms and Conditions have been updated.

 

Additional Seller Terms and Conditions

Each ticket is also sold subject to any additional terms and conditions of the Seller for the particular event (“Seller’s Terms”). The Seller’s Terms may be disclosed as part of the event information on (SEC/LPEPC & CSELP) website and at (SEC/LPEPC & CSELP) agents and outlets at the time of purchase. The Seller’s Terms are also available from (SEC/LPEPC & CSELP) on request.

 

General Terms and Conditions

(SEC/LPEPC & CSELP) acts as agent for the Seller in the sale of all tickets. As such, except as specified in these Terms and Conditions, all claims in connection with tickets or events are the sole responsibility of the Seller and, except to the extent required by law (including the Australian Consumer Law) (SEC/LPEPC & CSELP) otherwise has no liability to you.

 

Refunds, exchanges and replacements

(SEC/LPEPC & CSELP) will only offer a refund or exchange of a ticket if an event is cancelled, rescheduled or significantly relocated by the Seller (and you cannot or do not wish to attend the rescheduled or relocated event), or to the extent otherwise required by law (including the Australian Consumer Law). You must apply for a refund within a reasonable time. (SEC/LPEPC & CSELP) does not offer refunds or exchanges as a result of a change in your personal circumstances. 

  • If an event is cancelled, rescheduled or significantly relocated by the Seller, all liability is limited to the amount for which the ticket was purchased (including any fees or charges). Proof of purchase may be required for any refund or exchange. Unless required by law (including the Australian Consumer Law), neither (SEC/LPEPC & CSELP) nor the Seller will be liable for any other losses incurred by you as a result of the cancellation, rescheduling or relocation of an event, including any travel and accommodation expenses.

  • (SEC/LPEPC & CSELP) will only replace lost, stolen, damaged or destroyed tickets if the authenticity of the ticket can be verified, including proof of purchase, and if you give reasonable notice before the event. (SEC/LPEPC & CSELP) may charge a reasonable fee for the replacement of tickets. (SEC/LPEPC & CSELP) may not replace tickets where seating is unallocated (general admission tickets).

You should carefully consider the refund and cancellation policies of travel, accommodation and other goods or service providers when making arrangements for attendance at an event. You may also wish to consider taking out a relevant insurance policy to cover for any losses in the event of cancellation, rescheduling or relocation.

 

Variations to performances or events

The Seller reserves the right to add, withdraw, reschedule or substitute artists/speakers and/or vary advertised programs, prices, venues, seating arrangements (including ticket categories) and audience capacity.

 

Conditions of entry

Admission to an event is subject to the Seller’s Terms.  In particular, the following form part of the Seller’s terms unless otherwise specified:

  • You may be denied entry into, or removed from, an event where the Seller or (SEC/LPEPC & CSELP) has reasonable grounds to do so, including if you breach these Terms and Conditions or the Seller’s Terms, or you are intoxicated, under the influence of illicit drugs, inappropriately attired or adversely affecting the enjoyment of the event by others.

  • If you arrive late, you may not be admitted until a suitable break in the event.

  • You may not be permitted to take into the event, or use, cameras or other photographic or recording equipment (including mobile phones).

  • You may be required to submit to a search of your person and/or possessions before entering the event.

 

Authenticity and validity of tickets

Entry to an event may be refused if the authenticity or validity of a ticket is questionable, including because the ticket has been damaged or defaced in any way, or has not been purchased from (SEC/LPEPC & CSELP) or other authorised points of sale.

 

Resale of tickets & scalping

  • Tickets may not, without the prior written consent of (SEC/LPEPC & CSELP) and the Seller, be resold or offered for resale at a premium (including via on-line auction or other unauthorised resale sites) or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services. If a ticket is sold or used in breach of this condition, the ticket may be cancelled without a refund and the ticketholder of the ticket may be refused admission. (SEC/LPEPC & CSELP) will use reasonable efforts to notify you of such action.

  • SCALPING WARNING: The resale of tickets in certain circumstances is governed by ticket sales legislation and may attract criminal penalties.

 

Collection and delivery of tickets

  • You must allow adequate time for collection or delivery of tickets. Methods of collection and/or delivery will be available when choosing your collection/delivery details. In the interests of minimising ticket scalping, (SEC/LPEPC & CSELP) may change your delivery method to "venue collect" at its discretion.

  • (SEC/LPEPC & CSELP) will only replace lost, stolen, damaged or destroyed tickets if the authenticity of the ticket can be verified, including proof of purchase, and if you give reasonable notice before the event. (SEC/LPEPC & CSELP) may charge a reasonable fee for the replacement of tickets. (SEC/LPEPC & CSELP) may not replace tickets where seating is unallocated (general admission tickets).

  • You should carefully consider the refund and cancellation policies of travel, accommodation and other goods or service providers when making arrangements for attendance at an event. You may also wish to consider taking out a relevant insurance policy to cover for any losses in the event of cancellation, rescheduling or relocation.

 

Limitations on number of tickets purchased

  • When purchasing tickets for a particular event you may be limited to a specified number of tickets. If you exceed the stated ticket limit, you may have any or all of your orders and tickets cancelled without notice by (SEC/LPEPC & CSELP) at its discretion. This includes orders associated with the same name, e-mail address, billing address, credit card number or other information. Ticket limits apply to ensure fair access to tickets for attendees, and as a measure to minimise ticket scalping.

 

System Errors

  • While (SEC/LPEPC & CSELP) takes all reasonable care to ensure that tickets are correctly priced and only available for sale when intended, sometimes errors may occur. (SEC/LPEPC & CSELP)C may cancel an order made as a result of any such error, although in the case of a pricing error (SEC/LPEPC & CSELP) will endeavour to contact you to give you the option of purchasing the ticket at the correct price.

 

Customer Errors

  • If an error on your behalf results in (SEC/LPEPC & CSELP) reprocessing the ticket transaction at your request, (SEC/LPEPC & CSELP) may charge to you the actual costs incurred in reprocessing the ticket transaction, including any chargeback or postage fees charged to (SEC/LPEPC & CSELP) by a third party.

General
The term “including” when used in these Terms and Conditions is not a term of limitation.

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