Terms & Conditions

  1. Definitions
    1. “Contract” means the terms and conditions contained herein, together with any quotation, order, invoice or other document or amendments expressed to be supplemental to this Contract.
    2. “Central Coast Hydraulics” means All Marine Hydraulics Pty Ltd (ACN 643 504 349) t/a Central Coast Hydraulics & Engineering, its successors and assigns or any person acting on behalf of and with the authority of All Marine Hydraulics Pty Ltd t/a Central Coast Hydraulics & Engineering.
    3. “Customer” means the person/s, entities or any person acting on behalf of and with the authority of the Customer requesting Central Coast Hydraulics to provide the Services as specified in any proposal, quotation, order, invoice or other documentation, and:
      1. if there is more than one Customer, is a reference to each Customer jointly and severally; and
      2. if the Customer is a partnership, it shall bind each partner jointly and severally; and
      3. includes the Customer’s executors, administrators, successors and permitted assigns.
    4. “Goods” means all Goods (Including, but not limited to any parts, fluids and lubricants consumed during the course of the Services) or Services supplied by Central Coast Hydraulics to the Customer at the Customer’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
    5. “Vessel” shall mean any vehicle of the Customer expressly used for water travel and/or recreation, and described in any documentation supplied by the Customer to Central Coast Hydraulics.
    6. “Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Contract, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, client information.
    7. “Price” means the Price payable (plus any GST where applicable) for the Goods as agreed between Central Coast Hydraulics and the Customer in accordance with clause 5 below.
    8. “GST” means Goods and Services Tax as defined within the “A New Tax System (Goods and Services Tax) Act 1999” (Cth).
  2. Acceptance
    1. The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for or accepts delivery of the Goods.
    2. In the event of any inconsistency between the terms and conditions of this Contract and any other prior document or schedule that the parties have entered into, the terms of this Contract shall prevail.
    3. Any amendment to the terms and conditions contained in this Contract may only be amended in writing by the consent of both parties.
    4. The Customer acknowledges and agrees that the supply of Goods for accepted orders may be subject to availability and if, for any reason, Goods are not or cease to be available, Central Coast Hydraulics reserves the right to substitute comparable Goods (or components of the Goods) and vary the Price as per clause 5.2 In all such cases Central Coast Hydraulics will notify the Customer in advance of any such substitution, and also reserves the right to place the Customer’s order and/or Services on hold until such time as Central Coast Hydraulics and the Customer agree to such changes.
    5. Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions Act 2000 or any other applicable provisions of that Act or any Regulations referred to in that Act.
  3. Errors and Omissions
    1. The Customer acknowledges and accepts that Central Coast Hydraulics shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):
      1. resulting from an inadvertent mistake made by Central Coast Hydraulics in the formation and/or administration of this Contract; and/or
      2. contained in/omitted from any literature (hard copy and/or electronic) supplied by Central Coast Hydraulics in respect of the Services.
    2. In the event such an error and/or omission occurs in accordance with clause 3.1, and is not attributable to the negligence and/or wilful misconduct of Central Coast Hydraulics; the Customer shall not be entitled to treat this Contract as repudiated nor render it invalid.
  4. Change in Control
    1. The Customer shall give Central Coast Hydraulics not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s name, address, contact phone or fax number/s, change of trustees, or business practice). The Customer shall be liable for any loss incurred by Central Coast Hydraulics as a result of the Customer’s failure to comply with this clause.
  5. Price and Payment
    1. At Central Coast Hydraulics’ sole discretion, the Price shall be either:
      1. as indicated on any invoice provided by Central Coast Hydraulics to the Customer; or
      2. Central Coast Hydraulics’ estimated Price (subject to clause 5.2) which shall not be deemed binding upon Central Coast Hydraulics as the actual Price can only be determined upon completion of the Services. Central Coast Hydraulics undertakes to keep the Customer informed should the actual Price look likely to exceed the original estimate; or
      3. Central Coast Hydraulics’ quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
    2. Central Coast Hydraulics reserves the right to change the Price:
      1. if during the course of the Services, the Goods cease to be available from Central Coast Hydraulics’ third party suppliers, then Central Coast Hydraulics reserves the right to provide alternative Goods, subject to prior confirmation and agreement of both parties; or
      2. if a variation to the Goods to be supplied or Services which are to be provided is requested; or
      3. where additional Services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, further faults which are found upon disassembly and/or further inspection) which are only discovered upon commencement of the Services; or
    3. If (at Central Coast Hydraulics’ sole discretion) berthing is required, the Customer shall be responsible for all associated costs.
    4. If Central Coast Hydraulics has been requested by the Customer to diagnose a fault that requires disassembly and/or testing, all costs involved will be charged to the Customer irrespective of whether or not the repair goes ahead.
    5. The Customer acknowledges and agrees that Central Coast Hydraulics shall be entitled to retain any components replaced during the provision of the Services.
    6. Variations will be charged for on the basis of Central Coast Hydraulics’ quotation, and will be detailed in writing, and shown as variations on Central Coast Hydraulics’ invoice. The Customer shall be required to respond to any variation submitted by Central Coast Hydraulics within ten (10) working days. Failure to do so will entitle Central Coast Hydraulics to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.
    7. At Central Coast Hydraulics’ sole discretion, a non- refundable deposit may be required.
    8. Time for payment for the Goods being of the essence, the Price will be payable by the Customer on the date/s determined by Central Coast Hydraulics, which may be:
      1. on or before delivery of the Goods; or
      2. on completion of the Services; or
      3. by way of instalments/progress payments in accordance with Central Coast Hydraulics’ payment schedule;
      4. the date specified on any invoice or other form as being the date for payment; or
      5. failing any notice to the contrary, the date which is seven (14) days following the date of any invoice given to the Customer by Central Coast Hydraulics.
    9. Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, or by any other method as agreed to between the Customer and Central Coast Hydraulics.
    10. Unless otherwise stated the Price does not include GST. In addition to the Price, the Customer must pay to Central Coast Hydraulics an amount equal to any GST Central Coast Hydraulics must pay for any supply by Central Coast Hydraulics under this or any other agreement for the sale of the Goods. The Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Price. In addition, the Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
  6. Customer Responsibilities
    1. The Customer shall provide Central Coast Hydraulics with free and clear access to the Vessel during the scheduled time of installation. If the Customer cannot provide Central Coast Hydraulics with free and clear access to the Vessel during the time of installation, Central Coast Hydraulics reserves the right to charge the Customer a reasonable fee for any delay. This delay fee will be charged for at Central Coast Hydraulics’ standard hourly rate.
  7. Equipment Placement
    1. Central Coast Hydraulics recommends that Central Coast Hydraulics be consulted as to equipment placement.
  8. Provision of the Services
    1. Where Central Coast Hydraulics is to provide any Services at the Customer’s nominated address, then the Customer shall be liable for:
      1. all costs incurred by Central Coast Hydraulics from the time they depart from, and until they return to, their normal place of work (including, but not limited to, mileage and time calculated at Central Coast Hydraulics’ standard rates and any Goods purchased for the Services); and
      2. a minimum call-out fee, which shall be increased for any after-hours call-outs.
    2. Where Central Coast Hydraulics is requested by the Customer to work hours that exceed the agreed daily rate in order to meet specific vessel timetables, and the time restrictions are beyond the control of Central Coast Hydraulics, Central Coast Hydraulics reserves the right to charge overtime rates.
    3. Travel expenses, including, but are not limited to, air travel, vehicle rental, ground transportation, hotel accommodation, and duties and customs fees will be charged to the Customer at cost. Central Coast Hydraulics will charge the Customer for travel time on an hourly rate basis. Central Coast Hydraulics will also charge the Customer a daily ‘living away from home’ and meal allowance.
    4. Any time specified by Central Coast Hydraulics for provision of the Services is an estimate only and Central Coast Hydraulics will not be liable for any loss or damage incurred by the Customer as a result of any delay. However, both parties agree that they shall make every endeavour to enable the Services to be provided at the time and place as was arranged between both parties. In the event that Central Coast Hydraulics is unable to provide the Services as agreed solely due to any action or inaction of the Customer then Central Coast Hydraulics shall be entitled to charge a reasonable fee for re-providing the Services at a later time and date.
    5. Delivery (“Delivery”) of the Goods is taken to occur at the time that:
      1. the Customer or the Customer’s nominated carrier takes possession of the Goods at Central Coast Hydraulics’ address; or
      2. Central Coast Hydraulics (or Central Coast Hydraulics’ nominated carrier) delivers the Goods to the Customer’s nominated address even if the Customer is not present at the address.
    6. At Central Coast Hydraulics’ sole discretion, the cost of Delivery is either included in the Price or is in addition to the Price.
    7. Central Coast Hydraulics may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
    8. Any time specified by Central Coast Hydraulics for Delivery of the Goods is an estimate only. The Customer must take Delivery by receipt or collection of the Goods whenever they are tendered for Delivery. Central Coast Hydraulics will not be liable for any loss or damage incurred by the Customer as a result of Delivery being late. In the event that the Customer is unable to take Delivery of the Goods as arranged then Central Coast Hydraulics shall be entitled to charge a reasonable fee for redelivery and/or storage.
  9. Risk
    1. Risk of damage to or loss of the Goods passes to the Customer on Delivery and the Customer must insure the Goods on or before Delivery.
    2. If any of the Goods are damaged or destroyed following Delivery but prior to ownership passing to the Customer, Central Coast Hydraulics is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by Central Coast Hydraulics is sufficient evidence of Central Coast Hydraulics’ rights to receive the insurance proceeds without the need for any person dealing with Central Coast Hydraulics to make further enquiries.
    3. Central Coast Hydraulics shall upon installation ensure that all Goods are to be installed in a manner that is fully compliant with industry standards. If, for any reason, the Customer specifically requires the Goods to be installed in any way which goes against Central Coast Hydraulics’ recommendations and/or falls below industry standards, a request detailing that requirement must be made in writing to Central Coast Hydraulics. Accordingly, Central Coast Hydraulics offers no warranty in regards to the aforementioned.
    4. The Customer acknowledges and accepts that:
      1. all descriptive specifications, illustrations, drawings, data, dimensions and weights stated in Central Coast Hydraulics’ or the manufacturer’s fact sheets, price lists or advertising material, are approximate only and are given by way of identification only. The Customer shall not be entitled to rely on such information, and any use of such does not constitute a sale by description, and does not form part of the Contract, unless expressly stated as such in writing by Central Coast Hydraulics; and
      2. while Central Coast Hydraulics may have provided information or figures to the Customer regarding the performance of the Goods, the Customer acknowledges that Central Coast Hydraulics has given these in good faith, and are estimates based on industry prescribed estimates; and
      3. Central Coast Hydraulics is only responsible for parts that are replaced by Central Coast Hydraulics and that in the event that other parts/materials, subsequently fail, the Customer agrees to indemnify Central Coast Hydraulics against any loss or damage to the Goods; and
      4. where Central Coast Hydraulics has performed temporary repairs:
        1. Central Coast Hydraulics offers no guarantee against the reoccurrence of the initial fault, or any further damage caused; and
        2. Central Coast Hydraulics will immediately advise the Customer of the fault and shall provide the Customer with an estimate for the full repair.
      5. the Goods may fade or change colour over time, expand, contract or distort as a result of exposure, heat, and cold temperatures, mark or stain if exposed to certain substances and be damaged or disfigured by impact or scratching.
  10. System Drawings
    1. If the Customer requires any system drawings or electrical/electronic drafting (including installation diagrams) in addition to the standard manufacturers drawings supplied in the manufacturers manuals, these can be supplied by Central Coast Hydraulics after commissioning and will be charged for on an hourly rate basis.
  11. Compliance with Law
    1. The Customer and Central Coast Hydraulics shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Services, including any work health and safety laws (WHS) relating or any other relevant safety standards or legislation pertaining to the Services.
    2. Where the Customer has supplied products for Central Coast Hydraulics to complete the Services, the Customer acknowledges that it accepts responsibility for the suitability of purpose and use for their products and the intended use and any faults inherent in those products. However, if in Central Coast Hydraulics’ opinion, it is believed that the materials supplied are non-conforming products and will not conform with state and/or territory regulations, then Central Coast Hydraulics shall be entitled, without prejudice, to halt the Services until the appropriate conforming products are sourced and all costs associated with such a change to the plans and design will be invoiced in accordance with clause 5.2.
    3. The Customer shall obtain (at the expense of the Customer) all licenses and approvals that may be required for the Services.
  12. Title
    1. Central Coast Hydraulics and the Customer agree that ownership of the Goods shall not pass until:
      1. the Customer has paid Central Coast Hydraulics all amounts owing to Central Coast Hydraulics; and
      2. the Customer has met all of its other obligations to Central Coast Hydraulics.
    2. Receipt by Central Coast Hydraulics of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
    3. It is further agreed that, until ownership of the Goods passes to the Customer in accordance with clause 12.1:
      1. the Customer is only a bailee of the Goods and must return the Goods to Central Coast Hydraulics on request;
      2. the Customer holds the benefit of the Customer’s insurance of the Goods on trust for Central Coast Hydraulics and must pay to Central Coast Hydraulics the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed;
      3. the Customer irrevocably authorises Central Coast Hydraulics to enter any premises where Central Coast Hydraulics believes the Goods are kept and recover possession of the Goods;
      4. Central Coast Hydraulics may recover possession of any Goods in transit whether or not Delivery has occurred;
      5. the Customer shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of Central Coast Hydraulics;
      6. Central Coast Hydraulics may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Customer.
  13. Personal Property Securities Act 2009 (“PPSA”)
    1. Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods and/or collateral (account) – being a monetary obligation of the Customer to Central Coast Hydraulics for Services – that have previously been supplied and that will be supplied in the future by Central Coast Hydraulics to the Customer.
    2. The Customer undertakes to:
      1. promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up- to-date in all respects) which Central Coast Hydraulics may reasonably require to;
        1. register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
        2. register any other document required to be registered by the PPSA; or
      2. indemnify, and upon demand reimburse, Central Coast Hydraulics for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby;
      3. not register a financing change statement in respect of a security interest without the prior written consent of Central Coast Hydraulics;
      4. not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods and/or collateral (account) in favour of a third party without the prior written consent of Central Coast Hydraulics;
      5. immediately advise Central Coast Hydraulics of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.
    3. Central Coast Hydraulics and the Customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
    4. The Customer waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
    5. The Customer waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
    6. Unless otherwise agreed to in writing by Central Coast Hydraulics, the Customer waives their right to receive a verification statement in accordance with section 157 of the PPSA.
    7. The Customer must unconditionally ratify any actions taken by Central Coast Hydraulics under clauses 13.3 to 13.5.
    8. Subject to any express provisions to the contrary (including those contained in this clause 13), nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.
  14. Defects, Warranties and Returns.
    1. The Customer must inspect all Goods on delivery (or the Services on completion) and must within seven (7) days of delivery notify Central Coast Hydraulics in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Customer must notify any other alleged defect in the Goods/Services as soon as reasonably possible after any such defect becomes evident. Upon such notification the Customer must allow Central Coast Hydraulics to inspect the Good or to review the Services provided.
    2. These warranties are in addition to other rights & remedies that are available to the customer at law. Central Coast Hydraulics goods come with guarantees that cannot be excluded under the Australian consumer law
    3. Except as expressly set out in these terms and conditions, Central Coast Hydraulics makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the goods. Central Coast Hydraulics’ liability in respect of these warranties is limited to the fullest extent permitted by law.
    4. For Goods sold & manufactured by Central Coast Hydraulics. The products supplied are covered by warranty against manufacturing defects for 12 months from day of shipment, delivered to or collected by the customer.
      1. 90 days from when services are performed.
    5. Where liability relates to supply of Goods, Central Coast Hydraulics liability shall be limited to the lesser cost:
      1. replacement of goods or supply of equivalent goods,
      2. repair of goods
      3. refund cost of supplied goods
    6. Where liability relates to supply of services, Central Coast Hydraulics liability shall be limited to the lesser cost:
      1. Suppling services again
      2. Payment of the cost for having the services supplied again
      3. Refund cost of supplied service
    7. If Central Coast Hydraulics did not manufacture the Goods, Central Coast Hydraulics liability shall be:
      1. limited to any warranty to which Central Coast Hydraulics is entitled.
      2. otherwise negated absolutely.
    8. Subject to this clause 14, returns will only be accepted provided that:
      1. the Customer has complied with the provisions of clause 14.1; and
      2. Central Coast Hydraulics has agreed that the Goods are defective; and
      3. the Goods are returned within a reasonable time at the Customer’s cost (if that cost is not significant); and
      4. the Goods are returned in as close a condition to that in which they were delivered as is possible.
    9. Central Coast Hydraulics shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
      1. the Customer failing to properly maintain or store any Goods;
      2. the Customer using the Goods for any purpose other than that for which they were designed;
      3. the Customer continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
      4. any assembly, installation and starting done by the Customer or third party;
      5. use of substitute materials;
      6. electricalinfluences;
      7. natural disasters;
      8. neglect;
      9. improper installation repair or alteration;
      10. abnormal conditions, temperature or dirt;
      11. the Customer failing to follow any instructions or guidelines provided by Central Coast Hydraulics;
      12. fair wear and tear, any accident, or act of God.
    10. In the case of second hand Goods, the Customer acknowledges that it has had full opportunity to inspect the second hand Goods prior to Delivery and accepts them with all faults and that to the extent permitted by law no warranty is given by Central Coast Hydraulics as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. The Customer acknowledges and agrees that Central Coast Hydraulics has agreed to provide the Customer with the second hand Goods.
    11. Central Coast Hydraulics may in its absolute discretion accept non-defective Goods for return in which case Central Coast Hydraulics may require the Customer to pay handling fees of up to fifteen percent (15%) of the value of the returned Goods plus any freight costs.
    12. Notwithstanding anything contained in this clause if Central Coast Hydraulics is required by a law to accept a return then Central Coast Hydraulics will only accept a return on the conditions imposed by that law.
    13. Customised, or non-stocklist items or Goods made or ordered to the Customer’s specifications are not acceptable for credit or return.
  15. Intellectual Property
    1. Where Central Coast Hydraulics has designed, drawn or developed Goods for the Customer, then the copyright in any designs and drawings and documents shall remain the property of Central Coast Hydraulics. Under no circumstances may such designs, drawings and documents be used without the express written approval of Central Coast Hydraulics.
    2. The Customer warrants that all designs, specifications or instructions given to Central Coast Hydraulics will not cause Central Coast Hydraulics to infringe any patent, registered design or trademark in the execution of the Customer’s order and the Customer agrees to indemnify Central Coast Hydraulics against any action taken by a third party against Central Coast Hydraulics in respect of any such infringement.
    3. The Customer agrees that Central Coast Hydraulics may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Goods which Central Coast Hydraulics has created for the Customer.
  16. Default and Consequences of Default
    1. Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Central Coast Hydraulics’ sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
    2. If the Customer owes Central Coast Hydraulics any money the Customer shall indemnify Central Coast Hydraulics from and against all costs and disbursements incurred by Central Coast Hydraulics in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Central Coast Hydraulics’ contract default fee, and bank dishonour fees).
    3. Further to any other rights or remedies Central Coast Hydraulics may have under this Contract, if a Customer has made payment to Central Coast Hydraulics, and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Central Coast Hydraulics under this clause 16 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer’s obligations under this Contract.
    4. Without prejudice to Central Coast Hydraulics’ other remedies at law Central Coast Hydraulics shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to Central Coast Hydraulics shall, whether or not due for payment, become immediately payable if:
      1. any money payable to Central Coast Hydraulics becomes overdue, or in Central Coast Hydraulics’ opinion the Customer will be unable to make a payment when it falls due;
      2. the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
      3. a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
  17. Cancellation
    1. Without prejudice to any other remedies Central Coast Hydraulics may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions Central Coast Hydraulics may suspend or terminate the supply of Goods to the Customer. Central Coast Hydraulics will not be liable to the Customer for any loss or damage the Customer suffers because Central Coast Hydraulics has exercised its rights under this clause.
    2. Central Coast Hydraulics may cancel any contract to which these terms and conditions apply or cancel Delivery of Goods at any time before the Goods are delivered by giving written notice to the Customer. On giving such notice Central Coast Hydraulics shall repay to the Customer any money paid by the Customer for the Goods. Central Coast Hydraulics shall not be liable for any loss or damage whatsoever arising from such cancellation.
    3. In the event that the Customer cancels Delivery of Goods the Customer shall be liable for any and all loss incurred (whether direct or indirect) by Central Coast Hydraulics as a direct result of the cancellation (including, but not limited to, any loss of profits).
    4. Cancellation of orders for Goods made to the Customer’s specifications, will definitely not be accepted once production has commenced, or an order has been placed.
  18. Privacy Policy
    1. All emails, documents, images or other recorded information held or used by Central Coast Hydraulics is Personal Information, and therefore considered Confidential Information. Central Coast Hydraulics acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal Information pursuant to the Privacy Act 1988 (“the Act”) including the Part IIIC of the Act being Privacy Amendment (Notifiable Data Breaches) Act 2017 (NDB) and any statutory requirements, where relevant in a European Economic Area (“EEA”), under the EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) (collectively, “EU Data Privacy Laws”). Central Coast Hydraulics acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Customer’s Personal Information, held by Central Coast Hydraulics that may result in serious harm to the Customer, Central Coast Hydraulics will notify the Customer in accordance with the Act and/or the GDPR. Any release of such Personal Information must be in accordance with the Act and the GDPR (where relevant) and must be approved by the Customer by written consent, unless subject to an operation of law.
  19. Unpaid Seller’s Rights
    1. Where the Customer has left any item with Central Coast Hydraulics for repair, modification, exchange or for Central Coast Hydraulics to perform any other service in relation to the item and Central Coast Hydraulics has not received or been tendered the whole of any monies owing to it by the Customer, Central Coast Hydraulics shall have, until all monies owing to Central Coast Hydraulics are paid:
      1. a lien on the item; and
      2. the right to retain or sell the item, such sale to be undertaken in accordance with any legislation applicable to the sale or disposal of uncollected goods.
  20. Service of Notices
    1. Any written notice given under this Contract shall be deemed to have been given and received:
      1. by handing the notice to the other party, in person;
      2. by leaving it at the address of the other party as stated in this Contract;
      3. by sending it by registered post to the address of the other party as stated in this Contract;
      4. if sent by facsimile transmission to the fax number of the other party as stated in this Contract (if any), on receipt of confirmation of the transmission;
      5. if sent by email to the other party’s last known email address.
    2. Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered.
  21. General
    1. Any dispute or difference arising as to the interpretation of these terms and conditions or as to any matter arising hereunder, shall be submitted to, and settled by, arbitration in accordance with the Institute of Arbitrators Australia Rules for the Conduct of Commercial Arbitration.
    2. The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
    3. These terms and conditions and any contract to which they apply shall be governed by the laws of the state in New South Wales, which Central Coast Hydraulics has its principal place of business, and are subject to the jurisdiction of the courts in Sydney, New South Wales.
    4. Subject to clause 14, Central Coast Hydraulics shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by Central Coast Hydraulics of these terms and conditions (alternatively Central Coast Hydraulics’ liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).
    5. Central Coast Hydraulics may licence and/or assign all or any part of its rights and/or obligations under this Contract without the Customer’s consent.
    6. The Customer cannot licence or assign without the written approval of Central Coast Hydraulics.
    7. Central Coast Hydraulics may elect to subcontract out any part of the Services but shall not be relieved from any liability or obligation under this Contract by so doing. Furthermore, the Customer agrees and understands that they have no authority to give any instruction to any of Central Coast Hydraulics’ sub- contractors without the authority of Central Coast Hydraulics.
    8. The Customer agrees that Central Coast Hydraulics may amend their general terms and conditions for subsequent future contracts with the Customer by disclosing such to the Customer in writing. These changes shall be deemed to take effect from the date on which the Customer accepts such changes, or otherwise at such time as the Customer makes a further request for Central Coast Hydraulics to provide Goods to the Customer.
    9. Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, national or global pandemics and/or the implementation of regulation, directions, rules or measures being enforced by Governments or embargo, including but not limited to, any Government imposed border lockdowns (including, worldwide destination ports), etc., (“Force Majeure”) or other event beyond the reasonable control of either party.
    10. Both parties warrant that they have the power to enter into this Contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this Contract creates binding and valid legal obligations on them.
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Marine

CCHE can provide assistance with design, installation, commissioning along with ongoing technical support & Global service from our team.

Industrial

CCHE has been involved in the design & service of hydraulic power packs & systems to a wide range of industries