Terms & Conditions
Website Terms of Use
CONSTRUCTION SPECIALTIES, INC.
Welcome to the website of Construction Specialties Australia Pty Ltd (ABN 97 094 710 693) ("we", "us" or the "Company").
This website is located on the web via the domain https://www.c-sgroup.com.au/ and includes all of the files located in that domain ("this site").
Agreement to these Website Terms of Use
By accessing this site, you agree to be bound by these terms of use ("Website Terms of Use"). These Website Terms of Use constitute a binding agreement between you and the Company and govern your use of this site.
Privacy Policy
Your use of this site is also subject to our Privacy Policy, which explains how we collect, use, disclose and handle personal information.
Restrictions on use
Prohibited conduct
Your use of this site is subject to the rules set out in Schedule 1 below.Violations of these Website Terms of Use
Without limiting any other rights available to the Company, the Company may restrict, suspend or terminate your access to this site if the Company reasonably believes that you have breached these Website Terms of Use, used the site unlawfully or engaged in conduct that may compromise the security or proper operation of the site or cause material harm to the Company or any other person.Indemnity
You indemnify the Company against any loss, liability, cost or expense reasonably incurred by the Company arising directly from:
- your unlawful use of this site;
- your material breach of these Website Terms of Use;
- or your infringement of the intellectual property or other rights of a third party,
except to the extent that the relevant loss, liability, cost or expense was caused or contributed to by the Company.
Third Party Websites
This site may contain links to third party websites or resources. These links are provided for convenience only and do not constitute an endorsement, approval or recommendation by the Company of the relevant third party or its products, services or content.
The Company does not control third party websites and is not responsible for their availability, content, accuracy, security or privacy practices. Your use of any third-party website is subject to the terms and conditions applicable to that website.
Intellectual property
Copyright
In these Website Terms of Use, the term "Proprietary Content" means:
- this site;
- all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this site, and the selection and arrangement thereof);
- and all software, systems and other information owned or used by the Company in connection with this site (whether hosted on the same server as this site or otherwise).
All Proprietary Content is the property of the Company or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Website Terms of Use or with the prior written consent of the Company or other copyright owner (as applicable).
Subject to these Website Terms of Use, you may access, download, reproduce and print content made available on this site for your own personal or internal business purposes, including for the purpose of evaluating, specifying, purchasing, installing or using the Company's products and services, provided that you do not:
- remove or alter any copyright, trademark or other proprietary notice;
- modify the content in a manner that is misleading or deceptive;
- represent the content as being your own;
- or use the content for any purpose that infringes the Company's intellectual property rights.
Trademarks
The Company name, logos, product names, brands and other trademarks displayed on this site are owned by, or licensed to, the Company. You must not use, reproduce or imitate any of those trademarks without the prior written consent of the Company or the relevant trade mark owner.Copyright Concerns
If you believe that any material available through this site infringes your copyright or other intellectual property rights, please contact us using the contact details provided on this site and provide sufficient details to enable us to identify and investigate the material concerned.Product information
Any product descriptions, specifications, technical data, drawings, dimensions, photographs, colours, performance information and other product information made available on this site are provided for general information purposes and may be updated or changed from time to time.
You should verify that you are referring to the most current product information and that the relevant product is appropriate for your particular project, application and requirements before specifying, purchasing or installing the product.
Images and colours displayed on this site are illustrative only and may differ from the appearance of the actual product.
Nothing on this site constitutes a quotation, offer to supply or contractual commitment by the Company unless expressly stated otherwise.
Information made available on this site is not intended to constitute engineering, architectural, design or other professional advice and should not be relied upon as a substitute for advice appropriate to the particular project or application.
Disclaimer of warranties
The information and materials made available on this site are provided for general information purposes only.
While the Company takes reasonable care in preparing and maintaining the information on this site, to the maximum extent permitted by law, the Company does not warrant that information on the site is complete, accurate, current, suitable for any particular purpose or free from errors.
The Company does not warrant that access to this site will be continuous, uninterrupted, secure or free from errors, viruses or other harmful components.
Nothing in these Website Terms of Use excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term, that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or any other applicable law.
Limitation of liability
Exclusion of liability
To the maximum extent permitted by law, the Company is not liable for any indirect, incidental, special or consequential loss arising out of or in connection with your access to, use of or reliance on this site or its content.
Nothing in these Website Terms of Use excludes, restricts or modifies any liability that cannot lawfully be excluded, restricted or modified.
Products and services
Any purchase or supply of products or services by the Company is subject to the applicable quotation, order confirmation, terms and conditions of sale or other agreement between the Company and the relevant customer.
These Website Terms of Use govern access to and use of this site and do not themselves govern the supply of any products or services by the Company.
General
Interpretation
In these Website Terms of Use, the following rules of interpretation apply:
- headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Website Terms of Use;
- the singular includes the plural and vice-versa;
- a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
- the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions.
No waiver
Waiver of any power or right under these Website Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by the Company to act with respect to a breach by you or others does not waive the Company's right to act with respect to that breach or any subsequent or similar breaches.Severability
The provisions of these Website Terms of Use are severable and, if any provision of these Website Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.Variation
We may amend these Website Terms of Use from time to time by publishing an updated version on this site. Any amended terms will apply from the date they are published, or from any later effective date stated in the amended terms.Your continued use of this site after the amended Website Terms of Use take effect constitutes acceptance of those amended terms.
Governing law and jurisdiction
These Website Terms of Use will be governed in all respects by the laws of New South Wales. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.
Schedule 1 – Prohibited conduct
You must not:
- use this site for any unlawful, fraudulent or malicious purpose;
- interfere with, disrupt or compromise the security, integrity or proper operation of this site or any systems connected with it;
- introduce or transmit any virus, malware or other harmful code through this site;
- attempt to gain unauthorised access to this site, any user account, server, network or system connected with this site;
- use automated tools, scraping, data-mining or similar technologies to access, extract or reproduce material from this site except with the Company's prior written consent or to the extent permitted by law;
- reproduce, modify, distribute, commercially exploit or otherwise use material from this site except as expressly permitted by these Website Terms of Use or with the Company's prior written consent;
- infringe the intellectual property, privacy or other rights of the Company or any third party;
- impersonate another person or entity or misrepresent your association with any person or entity; or
- use this site in any manner that may damage, disable, overburden or impair the site or interfere with another person's use of the site.
Global Trade Compliance
CONSTRUCTION SPECIALTIES, INC.
PURPOSE: To confirm the process for the handling of all requests for quote, sales inquiries and product orders to ensure Construction Specialties remains in full compliance with OFAC laws and regulations
SCOPE: 100% of all quotes and/or inquiries for sale of company product
DEFINITIONS:
OFAC Office of Foreign Assets Control (OFAC) of the US Department of the Treasury administers and enforces economic and trade sanctions based on US foreign policy and national security goals against targeted foreign countries and regimes,terrorists, international narcotics traffickers, those engaged in activities related to the proliferation of weapons of mass destruction, and other threats to the national security, foreign policy or economy of the United States.
TRAINING: The Export Compliance Officer and HR Director will ensure the following:
- All
existing employees in Sales shall review the intranet presentation on
Compliance with U.S. Trade Restrictions once a year AND shall certify that
they have performed such a review.
- All new employees shall undertake such review and certify their compliance with it.
PROCEDURE
1. For all employees providing a quote for sale of merchandise:
- Upon receipt of a Request for Quotation:
- Contact the Export compliance team for the following:
- Request them to
- screen
all partners listed in the transaction (company name, individual
requesting product, and any other person identified in the
transaction); confirm there are no “hits” against the denied party
screening (DPS) before proceeding with the inquiry;
- Confirm
the person requesting the quote is not from an embargoed nation or a
national thereof who is not also a U.S. citizen or permanent resident
alien, state that you cannot accept or process orders from such nations
and report such contact to the Compliance Officer.
- Include the following in your response to the prospective purchaser, to ensure full compliance with U.S. global trade restrictions:
- You
may not include any boycott-related language in any order or other
communications with CSI;
- Upon
receipt, this CSI product may not be resold, transferred, transshipped
or reexported to any country that is embargoed by the United States nor
to any natural person, business entity, organization or other party
designated on a U.S. Prohibited Party list.
- Upon acceptance of the quote by signing and referencing Billing Reference # or receipt of the purchase order:
- Verify
that the order does not include an intermediate or ultimate country of
destination that is subject to a U.S. embargo, including Cuba, Iran,
North Korea and Syria, Crimea or the Russian energy sector;
- Screen
the buyer and any listed intermediate or ultimate consignees against the
individual Prohibited Party lists or a consolidated list
- Ensure
that the screening results indicate the party screened and the date of
screening and are included in the customer file.
- Review updates from the Trade Compliance Team to determine if there have been any changes in the embargoes or lesser trade restrictions involving any intermediate or final destination country for the shipment order.
- At
the time of shipment, screen the Purchaser, Ultimate and intermediate
consignees (including the vessel or airline for shipment) against the
Prohibited Party databases.
- Do
screening at the time of shipment for all orders, including those from
existing customers who have been previously screened.
- Document
in the order file the results of the screening.
- If
you discover post-shipment that the order party or anyone else in the
distribution chain for the party is a Prohibited Party or has become part
of an embargoed nation, report this occurrence to the Chief Compliance
Officer.
- if
you receive any indication post shipment that the products are being
diverted, transshipped or reexported from the destination country to an
embargoed country or Prohibited Party, you must promptly notify the Chief
Compliance Officer.
- Confirm
that CS is filing the Exporter Electronic Information (EEI) through the
Automated Export System
- If you are using a freight forwarder for the shipment that has been chosen by the foreign buyer, ensure that you have structured a Routed Export Transaction.