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Terms and Conditions

These Terms and Conditions govern your use of the website operated by Nightingale Supply Pty Ltd (“Nightingale Supply”, “we”, “us”, “our”) and the purchase of products from us.

By accessing our website or purchasing from us, you agree to be bound by these Terms and Conditions. If you do not agree, you must not use our website.

1. Electronic Communications

When you visit our website or contact us via email, you are communicating with us electronically. You consent to receive communications from us electronically, including agreements, notices, disclosures and other communications. These communications satisfy any legal requirement that such communications be in writing.

2. Website Content & Copyright

All content on this website, including text, graphics, logos, images, product descriptions, data compilations, and software, is the property of Nightingale Supply or its suppliers and is protected by Australian and international copyright laws.

You must not reproduce, duplicate, copy, sell, resell or exploit any portion of the website without our prior written consent.

3. Licence and Site Access

We grant you a limited, non-transferable licence to access and use this website for personal or business purchasing purposes.

You must not:

• Modify or copy website materials without permission

• Use data mining, robots or similar data extraction tools

• Frame or use framing techniques to enclose any trademark or proprietary information

• Use our name, logo or branding without written consent

Any unauthorised use automatically terminates your permission to use the website.

4. Trade Accounts

If you hold a trade or wholesale account with Nightingale Supply:

• You are responsible for maintaining confidentiality of your account details

• You accept responsibility for all activities conducted under your account

• We reserve the right to suspend or terminate accounts at our discretion

Credit accounts are subject to separate credit application approval and payment terms.

5. Product Information & Descriptions

We endeavour to ensure all product descriptions, specifications and pricing are accurate. However:

• Technical data, coverage rates, cure times and performance characteristics are provided as guidance only

• Users are responsible for determining product suitability for their specific application

• Variations in colour, packaging or minor formulation updates may occur without notice

If a product is incorrectly described, your remedy is limited to return in accordance with our Returns Policy.

6. Orders & Acceptance

All orders are subject to acceptance and availability. We reserve the right to:

• Refuse or cancel orders

• Limit quantities

• Correct pricing errors

• Require verification of information prior to dispatch

A contract is formed only once we confirm acceptance of your order.

7. Pricing & Payment

All prices are listed in Australian Dollars (AUD) unless otherwise stated.

We reserve the right to change pricing without notice. Payment terms for approved credit accounts are governed by agreed trading terms.

Late payments may incur interest and recovery costs.

8. Risk of Loss & Delivery

All goods are supplied pursuant to a shipment contract. Risk of loss or damage passes to you upon delivery to the carrier.

You are responsible for:

• Inspecting goods upon delivery

• Notifying us of damage or shortages within 48 hours

Delivery timeframes are estimates only and not guaranteed.

9. Returns & Refunds

Returns must be pre-approved by Nightingale Supply.

Products must be:

• Unused

• In original packaging

• Returned within an agreed timeframe

Special-order or custom products may not be eligible for return.

Nothing in these Terms excludes rights under the Australian Consumer Law (ACL).

10. Safety & Chemical Handling

Many products supplied by Nightingale Supply include industrial adhesives, solvents, and chemical compounds.

You agree that:

• Products will be used strictly in accordance with Safety Data Sheets (SDS)

• Proper storage, ventilation, PPE and handling procedures will be followed

• Products will be used only by appropriately trained personnel

Safety Data Sheets are available upon request or via our website.

11. Reviews & User Content

If you submit reviews, comments or other content:

• You grant us a non-exclusive, royalty-free licence to use and publish that content

• You warrant that the content is lawful and does not infringe third-party rights

• We reserve the right to remove or edit content at our discretion

12. Third-Party Links

Our website may contain links to third-party websites. We do not control or endorse those websites and are not responsible for their content or practices.

13. Disclaimer of Warranties

This website is provided on an “as is” and “as available” basis.

To the extent permitted by law, Nightingale Supply disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.

We do not warrant that:

• The website will be uninterrupted or error-free

• The site or server is free from viruses

• Information is complete or current at all times

14. Limitation of Liability

To the maximum extent permitted by law:

• Our liability is limited to the replacement of goods, repair of goods, or refund of purchase price

• We are not liable for indirect, incidental, special, punitive or consequential damages

• We are not liable for loss of profits, production delays, or business interruption

Nothing in these Terms limits rights under the Australian Consumer Law.

15. Indemnity

You agree to indemnify and hold harmless Nightingale Supply from any claims, damages, losses or expenses arising from:

• Your misuse of products

• Your breach of these Terms

• Your violation of any applicable law

16. Applicable Law

These Terms are governed by the laws of Queensland, Australia.

You submit to the exclusive jurisdiction of the courts of Queensland.

17. Dispute Resolution

In the event of a dispute, parties agree to:

1. Attempt good-faith negotiation

2. If unresolved, proceed to mediation in Queensland

3. If mediation fails, pursue legal remedies through Queensland courts

18. Modifications

We reserve the right to amend these Terms at any time. Updated versions will be published on our website and take effect immediately upon posting.