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These Terms of Use govern your access to and use of our websites including setting up an account (referred to as the “Site” or “Sites“). Relevant addresses includes but not limited to https://dingliaustralasia.com.au and any other websites operated by Access Group Australia Pty Ltd, its associated and related entities. The information contained is subject to change without notice.
By accessing or using our Sites, you agree to comply with these Terms of Use. The term “Access,” “we,” “us,” or “our” refers to Access Group Australia Pty Ltd and its related entities. Please read these Terms of Use carefully before accessing or using our Sites. Your access to and use of the Sites is conditioned on your acceptance of and compliance with these Terms of Use.
Access may utilise any Site to link to various connected websites operated by Access and its subsidiaries (“Connected Sites”). Despite any provisions in these Terms of Use, specific Connected Sites may be subject to additional or distinct terms and conditions. Should such additional or distinct terms and conditions be applicable, they will be published on the respective Connected Sites. In the event of a conflict between the terms of a Connected Site and these Terms of Use, the provisions of the Connected Site shall prevail. Unless expressly replaced or augmented as outlined herein, these Terms of Use govern all Connected Sites and regulate your usage thereof.
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.
You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):
You are prohibited from using our Site, including the Content, in any way that competes with our business.
Access makes no representations, warranties, or assurances of any kind as to the accuracy, currency or completeness of the Content. The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. Access shall not be liable for any damages or injury resulting from your access to, or inability to access, this website, your account or from your reliance on any information provided at this website.
All materials on this website are protected by copyright law. Unless otherwise stated, all content on this website is the intellectual property of Access Group Australia Pty Ltd or a related entity.
Users are granted permission to browse the content, print excerpts, and create copies for personal use. However, the permanent storage or reproduction of any material from this website is strictly prohibited without prior consent from Access. For inquiries regarding reproduction rights, please contact us at [email protected]. Note that framing this site or any portion of it is not allowed without explicit permission.
Dingli Australasia and all related names, logos, product and service names, designs and slogans are our trade marks or the trade marks of our affiliates or licensors. Other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners and are used by us under licence.
Any links to third party web sites are provided solely for your convenience. Access has no control over the content of these web sites and make no endorsement of any of them. Please advise us if you consider any linked pages to be inappropriate, illegal or offensive.
The information contained in this web site may include opinions or views which are not those of Access or any associated company or any person in relation to whom they would have explicit liability or responsibility.
We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:
You read, use and act on our Site and the Content at your own risk.
To the maximum extent permitted by law, we are not liable for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.
To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Your use of our Site and these Terms are governed by the laws of Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.
All Access Group Australia EDMs have terms and conditions that apply. All EDMs expire after 30 days, and pricing is subject to change due to demand, stock, and availability. Please seek independent financial advice for the purchasing of equipment.
The advertised rate for capital purchases does not include GST or transport costs. All weekly rates displayed on EDMs for the purchasing of equipment are calculated over 60 months with 30% residual structure.
The advertised rate for rental purchases does not include hire levies, fuel, GST or transport costs.
For more information contact 03 9330 7007.
All Access Group offers and promotions have terms and conditions that will apply.
For inquiries regarding our privacy practises or information management, contact us on 03 9330 7007 or email [email protected].
1. DEFINITIONS AND INTERPRETATIONS
1.1 In these terms and conditions (Terms and Conditions of Sale), unless specified to the contrary, the following words and phrases have the following meanings given to them:
Dingli Australasia means Dingli Australasia Pty Ltd (ACN 663 403 727) or any of its related bodies corporate (as that term is defined in the
Corporations Act 2001 (Cth)) as appropriate.
Agreement means the agreement between Dingli Australasia and the Purchaser set out in these terms and conditions or any other document
issued by Dingli Australasia or accepted by Dingli Australasia from the Purchaser and applies to all Products purchased by the Purchaser from
Dingli Australasia in Australia.
Consequential Loss means any and all:
a) consequential, special, indirect, exemplary or punitive loss, damage, cost, interest, penalty and/ or expense (whether actual, contingent
or prospective) in relation to an event, fact, matter or circumstance; or
b) loss of profits, loss of revenue, loss of goodwill, loss of opportunity and loss of savings, even if such loss could reasonably be considered to arise naturally from an event, fact, matter or circumstance,
whether arising in contract, tort (including negligence), equity or under statute.
Personnel means, in relation to a party, the party’s officers, officeholders, employees, agents and subcontractors.
Product means the goods or products supplied or sold by Dingli Australasia to the Purchaser form time to time.
Product Service means maintenance and servicing of the Product as may be required from time to time under a law, policy, standard or industry practice in Australia.
Purchaser means the purchaser of Products from Dingli Australasia pursuant to these Terms and Conditions of Sale.
Interpretation
1.2 In the interpretation of these Terms and Conditions of Sale, the following provisions apply unless the context otherwise requires:
1.1.1 words importing the singular include the plural and vice versa;
1.1.2 words importing any gender includes both genders;
1.1.3 a reference to any matter or thing includes the whole and each part of it separately;
1.1.4 where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning;
1.1.5 a reference to a natural person includes a Supplier or other corporate body and vice versa;
1.1.6 a reference to any legislation, regulation, code or local law includes any modification, re-enactment or substitution of it;
1.1.7 the obligations imposed by these Terms and Conditions of Sale on or in favour of a party who is a natural person extends to his heirs,
executors, administrators and assigns;
1.1.8 the obligations imposed by these Terms and Conditions of Sale on or in favour of a party which is a Purchaser or other corporate body
includes its successors and assigns;
1.1.9 use of the word “including” is to be read and construed without limitation;
2. PAYMENT AND DELIVERY
2.1 By accepting a Product from Dingli Australasia, the Purchaser agrees to be bound by the terms in this Agreement and the Purchaser agrees that the terms of these Terms and Conditions of Sale shall prevail, notwithstanding any inconsistency, conflict or ambiguity, in any terms and conditions of the Purchaser, to the fullest extent permitted by law.
2.2 When the Purchaser purchases a Product from Dingli Australasia, Dingli Australasia will charge the Purchaser and the Purchaser agrees to pay:
2.2.1 the purchase price for each Product ordered; and
2.2.2 any delivery fee(s), which will be disclosed to the Purchaser at the time the order is placed; and
2.2.3 any administration fees, which will be disclosed to the Purchaser at the time the order is placed.
2.3 All prices, delivery fees and administration fees are in Australian dollars, and include any applicable GST.
2.4 No deliveries will be made while payment is outstanding and Dingli Australasia will retain all legal end equitable title over the Product until it has received payment for the Product in full.
3. INSPECTION AND PRODUCT SERVICE
3.1 The Purchaser acknowledges that it has been afforded the opportunity to inspect the Product, including the opportunity to have a suitably qualified person inspect the Product.
3.2 The Purchaser acknowledges that Dingli Australasia and its Personnel have not made any representations, and the Purchaser has not relied upon any representations by Dingli Australasia or its Personnel, as to the quality or condition of the Product, its compliance with any relevant laws, standards, Product Services or the suitability of the Product for any purpose.
3.3 Unless otherwise agreed to in writing by Dingli Australasia, where a Product Service is required in respect of the Product (whether in the past, present or future), the Purchaser shall be responsible for ensuring that the Product meets the Product Service requirements at its own cost including, but not limited to, the 10 and 15 year major inspections and servicing of the Product (where applicable).
4. TITLE AND RISK
4.1 To the greatest extent permitted by law, any and all risk in a Product passes to the Purchaser upon delivery of the Product and acceptance of a Product will be deemed to be upon inspection of them by the Purchaser and in any event within 1 day after delivery.
4.2 If the Purchaser does not pay Dingli Australasia any amount owing on time or otherwise defaults on any of its obligations under these Terms and Conditions of Sale, Dingli Australasia is entitled to claim any administrative, mercantile collection agent and legal costs (on a full indemnity basis) arising from enforcing these Terms and Conditions of Sale and collecting the outstanding payment(s) from the Purchaser.
4.3 The Purchaser agrees that it is responsible to ensure that the Products purchased from Dingli Australasia conform to the Purchaser’s requirements and are suitable and sufficient for the Purchaser’s purpose.
4.4 If a Purchaser identifies any damage to a Product, it must inform Dingli Australasia in writing within 7 days of delivery, providing details of the damage.
4.5 Other than by agreement, Dingli Australasia will only accept returned Products if it is satisfied that those Products are defective and if required, has carried out an inspection.
4.6 Subject to the Purchaser’s compliance with this clause and/or Dingli Australasia’s agreement, the Purchaser may return the Products and Dingli Australasia will, as appropriate, repair, or replace, or refund the Products or part of them.
4.7 The Purchaser bears the risk and cost of returning a Product.
5. LIMITATION OF LIABILITY
5.1 To the fullest extent permitted by law:
5.1.1 Dingli Australasia shall not be liable for any loss or damage incurred by the Purchaser or any third party, including any damage to property, or for any loss or damage caused by your negligence or the negligence of any third party acting on your behalf, or for any Consequential Loss;
5.1.2 except as set out in these Terms and Conditions of Sale, or as imposed by law, no other term, condition, warranty, representation and/or understanding whether express or implied is given by, or on behalf of Dingli Australasia, in respect of any Products purchased by the Purchaser;
5.1.3 the Purchaser shall rely on its own knowledge and expertise when purchasing a Product from Dingli Australasia for any purpose, and any advice or assistance provided by Dingli Australasia shall be accepted at the Purchaser’s own risk and shall not be deemed to have been given as expert or adviser;
5.1.4 Dingli Australasia shall have no liability for, and will not accept any claims for any Product if:
5.1.4.1 the Purchaser fails to provide the notice set out at clause 4.4 above; and/or
5.1.4.2 the Purchaser makes any further use of such Products after giving notice under clause 4.4 above; and/or
5.1.4.3 the defect arises because the Purchaser did not follow Dingli Australasia’s oral or written instructions about the storage,
commissioning, installation, use and maintenance of the Products; and/or
5.1.4.4 the defect arises from normal wear and tear of the Products; and/or
5.1.4.5 the defect arises from misuse or alteration of the Products, negligence, wilful damage or any other act by Purchaser, Purchaser’s employees or agents or any third parties; and/or
5.1.4.6 after deliver, the Product is not in the condition it was delivered; and/or
5.1.4.7 the Product has been used in a manner in which it was not designed;
5.1.5 the Purchaser acknowledges and agrees that any second hand or used Product sold by Dingli Australasia is expressly purchased and sold “as is”, “where is” and “with all faults” and Dingli Australasia makes no representations or warranties, either express or implied, as to the condition of such Products;
5.1.6 Dingli Australasia shall not be liable under these Terms and Conditions of Sale in respect of any Products to the extent that any third-party manufacturer is liable under a manufacturer’s warranty for such Products (the benefit of which Dingli Australasia will, to the extent possible, extend to the Purchaser);
5.1.7 Dingli Australasia shall not be liable nor responsible for any failure to comply with any of the Purchaser’s requirements or any other person which are not precisely and accurately communicated in writing directly to Dingli Australasia and accepted in writing by Dingli Australasia prior to delivery of a Product, and
5.1.8 where the Purchaser has elected not to engage Dingli Australasia to perform Product Services on the product (whether to bring the Product up to past, present or future Product Service requirements), Dingli Australasia shall not be liable nor responsible for any failure of the Purchaser or the Product to comply with any Product Service requirements.
5.2 A warranty in excess of any statutory warranty may be available at an additional cost for second hand or used Products sold by Dingli Australasia on terms agreed in writing on a case by case basis between Dingli Australasia and the Purchaser upon sale.
6. INSURANCE AND INDEMNITIES
6.1 The Purchaser acknowledges that obtaining proper and necessary licences and insurances may be required by law in connection with the Products sold by Dingli Australasia and such licences and insurances are the sole responsibility of the Purchaser, at its own cost and expense.
7. COMPETITION AND CONSUMER ACT
7.1 Where the provisions of the Competition and Consumer Act 2010 (Cth) (CCA) apply, these Terms and Conditions of Sale will be read subject to the application of the CCA and in the case of any conflict with these Terms and Conditions of Sale, the provisions of the CCA will apply. Nothing in these terms and conditions is intended to limit or replace any rights of “consumers” as that term is defined under the CCA.
7.2 The Purchaser agrees that if it buys any Product from Dingli Australasia for the purposes of re-supply, manufacture or repair of other goods, the CCA will not apply to such supply by Dingli Australasia, to the fullest extent permitted by law.
7.3 If the Purchaser sells any Products it purchases from Dingli Australasia, it agrees that it will not make any representations in relation to the Products which are not:
7.3.1 contained in any materials supplied by Dingli Australasia;
7.3.2 set out in any applicable manufacturer’s warranty; or
7.3.3 approved in writing by Dingli Australasia.
7.4 If the Purchaser on sells any Product it purchases from Dingli Australasia to consumers who purchase them for the purposes of resupply, manufacture or repair of other goods, the Purchaser agrees to contract out of the CCA in writing with those consumers, to the fullest extent permitted by law.
8. GENERAL
8.1 The provisions of this Agreement comprise the entire agreement between the parties and supersede all prior agreements and understanding between the parties in relation to the subject matter of this Agreement.
8.2 If any provision of this Agreement or its application to any person or circumstance is or becomes invalid or unenforceable the remaining provisions of this Agreement shall continue in full force and effect to the fullest extent permitted by law.
8.3 No party may waive or vary any provision of or right created by this Agreement except in writing signed by the party or parties to be bound.
8.4 Dingli Australasia may exercise a right, power or remedy at its discretion separately or concurrently with any other right, power or remedy.
8.5 An exercise of any right, power or remedy does not prevent a further exercise of a power right or remedy and a failure to exercise or a delay in exercising any power right or remedy does not prevent its exercise.
8.6 Each provision of this Agreement is individually severable. If any provision is or becomes illegal, unenforceable or invalid in any jurisdiction, it is to be treated as being severed from this Agreement in the relevant jurisdiction, but the rest of this Agreement will not be affected.
8.7 This Agreement is governed and construed in accordance with the laws of Western Australia. The parties submit to the non-exclusive jurisdiction of the courts of Western Australia.
2025 © Dingli Australasia PTY LTD
Dingli Australasia is part of Access Group Australia and an authorised distributor of Dingli products
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