You and Your means the user of the MSBE website.
Our, Us, and We means Murphys Spray and Blast Equipment (MSBE).
Your access to and use of the MSBE website is subject to these terms.
What you must not do
Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute the material on this website, or create any other material using material on this website, without obtaining the prior written consent of MSBE. The entire content of these pages is protected, and cannot be copied, disseminated or altered for commercial purposes. You are only permitted to download and/or print out the text, photos and graphic elements for personal, private and non-commercial purposes.
You must not make any fraudulent or speculative enquiries or requests using this website.
You must not use another Member ID or name without permission.
You must not provide false information when registering or changing your registration details.
You must not impersonate another person when using this website.
You must not post to or transmit to or via www.sprayandblast.com.au any obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings.
Tamper with, hinder the operation of or make unauthorised modifications to the website.
Knowingly transmit any virus or other disabling feature to or via the website.
Attempt any of the above acts or permit another person to do any of the above acts.
Links to Other Websites
This website may contain links to other websites that are owned by third parties. These links are provided solely for your convenience and should not be construed as any endorsement, approval, recommendation or preference by MSBE of the owners or operators of the external sites, or for any information, products or services referred to on the external sites unless expressly indicated on this website.
Such linked sites are not under the control of MSBE and MSBE is not responsible for the contents (including the accuracy, legality or decency) of any linked site or any link contained in a linked site. MSBE is not responsible for the copyright compliance of any linked site.
MSBE will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party.
MSBE is not required to maintain or update the links.
MSBE reserves the right to prevent third parties from linking to this website.
Terms of Sale
Prices shown are in Australian dollars and include GST where applicable. Prices are subject to change. Images of products shown without any advertised price beside that image are not offered for sale through the website. Products with no advertised price are not offered for sale direct through the website due to the nature of the product. These products will have the option for you to ‘Enquire Now’ and MSBE will contact yoy to discuss your requirements. Unless otherwise stated, any accessories shown in any image of products are not included in the price. We reserve the right to correct any errors published on the website. Only customers within Australia can purchase products through the MSBE website.
Each product purchased is sold subject to its product description. We will take reasonable care to ensure that all details, descriptions and prices of products appearing on the MSBE website are correct at the time when the relevant information was entered onto our system. Although we aim to keep the website as up to date as possible, the information, including product descriptions, appearing on this website at a particular time may not always reflect the position at the exact moment you place an order.
We reserve the right to withdraw any products from this website at any time and/or remove or edit any materials or content on this website without notice.
Images of goods published on this website without any advertised price beside that image are not offered for sale. Photographs are for illustrative purposes only and may vary from goods depicted or described.
All payments must be made in full prior to collection or delivery.
Payments must be made via the Eway secure payment gateway facilities accessible via the MSBE website and will be subject to any terms and conditions of this provider.
Refusal of Transaction
We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any product from this Website whether or not that product has been sold, removing or editing any materials or content on the Website, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
1. Please choose carefully as refunds are not provided where you have simply changed your mind, made a wrong selection or found the item cheaper elsewhere. We recommend you carefully review your order before finalising your shopping cart and proceeding with checkout. Please refer to Clause 11 & 12 in the MSBE Terms and Conditions of Trade Document.
2. You and MSBE Online may enter into a contract for the sale and supply of products by you making an offer via the website to purchase a product at the price advertised on the website by:
i. placing an electronic Order for the products using the website;
ii. you confirming the Order details in accordance with the procedure on the website;
iii. you making payment in full (plus any applicable delivery charges) on the website; and
iv. the acceptance of that offer by MSBE Online.
3. When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the product(s) only when:
i. any requirements set out in these terms have been met;
ii. the electronic instruction containing the offer from you enters and is recorded in our database;
iii. a record is created and stored in our database; and
iv. MSBE Online receives in its account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.
4. You acknowledge that:
i. the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by MSBE Online for reasons beyond either parties' reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website provider or systems;
ii. to the extent permitted by law, MSBE Online is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;
iii. MSBE Online may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and
iv. MSBE Online may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
5. You will receive an email from MSBE Online soon after you have confirmed your Order and made payment. If you have any questions regarding your order you may contact us via email or call MSBE head office, contact details here.
6. If your Order is not accepted by MSBE Online, MSBE Online will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.
7. MSBE Online may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your Order.
8. If MSBE Online cannot supply a particular product, MSBE Online will notify you by telephone or email as soon as possible.
9. MSBE Online will be deemed to have accepted your Order upon issue to you by email of a tax invoice for the sale and the fulfilment of your Order.
Supply & Delivery
Subject to you complying with these terms and acceptance of your Order by MSBE Online, MSBE Online will sell and supply the products to you as shown on your Order confirmation.
We aim to despatch all orders within 1-2 working days. In the unusual event that an item is out of stock you will be contacted at the earliest opportunity and advised of the time frame. For more information regarding time frames please visit our Shipping page.
The delivery address must be an address within Australia and cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes. You will be required to be available in person to accept delivery of your Order.
MSBE will use its best endeavors to deliver your Order within any stated timeframes for despatch, however MSBE does not warrant that these timeframes will always be met, as many factors may affect these timeframes. MSBE Online cannot and will not accept responsibility for delivery failures or delays by our third party delivery contractor.
Please refer to Clause 5 in the MSBE Terms and Conditions of Trade Document.
Title & Risk in Goods
Title and risk in the products, such as loss and damage, pass to you on delivery or collection, as the case may be.
Please refer to Clause 6 & 7 in the MSBE Terms and Conditions of Trade Document.
Credit Card Fraud
The website employs EWAY payment gateway to secure our payment systems.
To the extent permitted by law, MSBE Online will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card account is fraudulently used or is used in an unauthorised manner.
Disclaimer and Indemnity
(1) To the extent permitted by law, MSBE Online excludes all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
(a) errors, mistakes or inaccuracies on the website;
(b) you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
(c) personal injury or property damage of any kind resulting from your access or use of the website;
(d) any unauthorised access to or use of the websites secure servers;
(e) any interruption or cessation of transmission to or from the website;
(f) any bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; and/or
(g) the quality or fitness for any purpose of any linked sites.
(2) Except as expressly provided in these terms, and to the fullest extent allowed by the law, MSBE Online and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.
(3) You will at all times indemnify, and keep indemnified, MSBE Online, MSBE, and each of their related bodies corporate, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms.
(4) This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (Cth).