Terms Of Sale

Website Terms of Access

PLEASE REVIEW THESE WEBSITE TERMS OF ACCESS (“WEBSITE TERMS”). BY ACCESSING OR USING WEBSITES AND MOBILE APPLICATIONS OWNED, MAINTAINED OR OPERATED BY [APPLIED INDUSTRIAL TECHNOLOGIES, INC AND ITS SUBSIDIARIES("SITES"), YOU AGREE TO THESE WEBSITE TERMS.

USE OF SITES: Applied Industrial Technologies, Inc. and its subsidiaries ("Applied") grants you ("User" or "Customer") access to Sites solely for the purposes of accessing information related to Applied in order to establish a business or employment relationship or complete a transaction with Applied. Access to and use of the Sites must comply with, and is subject to these Website Terms and any other instructions and procedures established by Applied and notified to User. These Website Terms may be amended from time to time without specific notice to User by posting on the Sites.

Applied may terminate User's access at any time, without prior notice, for any or no reason. User is responsible for maintaining the confidentiality of its account number and/or password and is responsible for all uses of its account, whether or not actually or expressly authorized by User. User shall immediately notify Applied if either its password or user id is used in any unauthorized manner. User shall not resell or transfer its access to or use of the Sites. Any User under the age of 18 is required to purchase from Applied Sites only with the involvement of a parent or guardian.

NEITHER THE USER, NOR ANY OTHER PERSON WHO USES ITS ACCOUNT OR THE SITES SHALL MODIFY OR TAMPER IN ANY WAY WITH THE SITES, INCLUDING WITHOUT LIMITATION, ANY SOFTWARE, DATA, OR FUNCTIONALITY THEREOF, NOR USE ANY AUTOMATED PROCEDURE OR ANY OTHER MEANS TO GATHER DATA FROM THE SITES FOR ANY REASON OTHER THAN THE AUTHORIZED USE OF THE SITES AS SET OUT IN THESE WEBSITE TERMS.

In accessing or using our website you must not, and you undertake that you will not and will not permit others:

1. use any device, bot, software, process or means to access, copy, retrieve, scrape, index or interfere with our website or any content on our website (for any reason);
2. undertake any action that will impose a burden or make excessive traffic demands on our website or infrastructure that we deem (in our sole discretion) to be unreasonable or a disproportionate use of the website;
3. copy, use or index any content or data on our website for purposes of constructing or populating a searchable database using any of our content;
4. transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;
5. use our website or any content from our website in any manner which is not reasonable, not for the purpose it is made available or not in accordance with these Website Terms;
6. reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our website or any content on our website, except as expressly authorised by us to you; or
7. transmit, or attempt to transmit, any computer viruses, worms, defects, trojan horses or other items of a destructive nature.

We reserve the right to block your use of our website and report your improper conduct to any person or entity (including any government agency).

You agree to indemnify and hold us and our affiliates harmless against any and all loss, expenses, costs, liability, claims or demands arising out of or in connection with: (i) any misuse of our website or breach of these Website Terms as listed in (a) to (g) above; and (ii) for any breach of our intellectual property rights.

TERMS AND CONDITIONS OF SALE ("Terms of Sale"): All orders placed through the Sites by User are subject to Applied's prices and standard Terms of Sale in effect at the time of shipment (available at appliedau.com.au), except to the extent modified in writing and signed by an authorized Applied signatory. Customers who have written agreements with Applied must log in using their registered user name and password to obtain pricing specific to their agreement. For Users with written agreements with us, prices shown on the Sites are for the products only and do not include any other costs or taxes (such as shipping costs, GST, value-added or similar taxes). For all other User prices shown on the Site include GST however exclude shipping costs and all other taxes and charges (unless expressly stated otherwise).

NO LIABILITY FOR ACCESS TO AND USE OF SITES: Applied provides access to the Sites for free and solely as a convenience to User on an "as available" basis. Applied has made efforts to make the Sites helpful and easy to use; however, Applied does not warrant that access to or use of the Sites will be uninterrupted or error free, or that the Sites or any material on or accessible through the Sites is free from viruses, worms, trojan horses or other harmful components. User acknowledges that its access to and use of the Sites (including the software operating in connection with the Sites) may be interfered with by factors outside of Applied’s control. Applied makes no warranties about the reliability, accuracy, completeness, timeliness, quality, physical state or suitability for a particular purpose of any material on or accessible through the Sites. The User accepts all risks and responsibility for all loss, damage, costs and other consequences resulting from using the Sites or the material on or accessible through the Sites.

Other than consumer warranties that are applicable under the Australian Consumer Law, Applied makes no warranties relating to title, non-infringement, merchantability or fitness for a particular purpose.

SUBJECT TO THE AUSTRALIAN CONSUMER LAW, USER WAIVES ANY AND ALL CLAIMS AGAINST APPLIED AND ITS AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES ARISING OUT OF USER'S ACCESS TO AND USE OF THE SITES AND THE INFORMATION CONTAINED THEREIN. IN NO EVENT SHALL APPLIED OR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHER GROUNDS, ARISING OUT OF OR IN CONNECTION WITH ACCESS TO OR INABILITY TO ACCESS, OR ANY DELAY OR INTERRUPTION IN ACCESSING, THE SITES OR THE USE OF SITES’ CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN APPLIED AND USER. THE SITES AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM APPLIED THROUGH THE SITES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE WEBSITE TERMS.

SITE CONTENT: The inventory and product information including images shown on the Sites are for representational purposes only and may not portray the actual product.

Applied may change content on the Sites periodically without notice. Applied has no control over content provided by others, and provides links to other sites for convenience only.

AUSTRALIAN CONSUMER LAW: Applied does not usually supply goods of a kind ordinarily acquired for personal, domestic or household use or consumption ("PDH Goods"), however if the Customer is a "consumer" for the purposes of the Australian Consumer Law ("ACL") then the Customer will have rights under the ACL including certain consumer guarantees and remedies provided by law. To the maximum extent permitted by the ACL, Applied’s liability for failure to comply with a consumer guarantee is limited to the following remedies at the discretion of Applied:

1. replacing the goods or supplying equivalent ones;
2. repairing the goods;
3. paying the cost of replacing the goods or of acquiring equivalent ones; or
4. paying the cost of having the goods repaired.

Except to the extent that the ACL applies, Applied otherwise excludes to the greatest extent permitted by law all representations, warranties, and liability that may otherwise be implied in these Website Terms or the Terms of Sale or otherwise at law.

Third party links and advertising: Our website may include links to third party websites which are not under the control of, or the responsibility, of Applied. When you link to those websites you leave our website entirely at your own risk. We make no warranty as to the accuracy or reliability of the information contained on any third party websites, and Applied and our affiliates disclaim all liability and responsibility for any loss or damage which may be suffered by you in connection with you accessing, using or relying on anything contained in or omitted from any third party websites or in connection with the link (including any slowness issues or malware). A display of advertising third party products does not imply an endorsement or recommendation by Applied of the advertised third party product. It is User’s responsibility to review any terms of use or privacy policies relating to linked sites.

INTELLECTUAL PROPERTY: All content included in or made available through any Sites, such as text, photographs, artwork, graphics, names, logos, service marks and trademarks("Content"), is and contains intellectual property rights of Applied and/or its content suppliers and is protected by Australian and international intellectual property laws. User may not reproduce, modify, create derivative works from or use in any way any Content (either in whole or part) other than as specifically set out in these Website Terms or in accordance with a separate signed written agreement with Applied or the owner of the content.

CONFIDENTIALITY AND NON-DISCLOSURE: User may be exposed to content in the Sites that is confidential, proprietary and considered as a trade secret to Applied, including, without limitation, pricing, inventory and detailed and compiled product information. User shall maintain all such information in strict confidence and use it only in a manner consistent with the purpose permitted by these Website Terms.

User acknowledges and agrees that Applied retains all ownership and/or licensing rights in content displayed on the Sites and communications transmitted through the Sites.

LICENSE AND ACCESS: Subject to User’s compliance with these Website Terms, Applied and its content providers grant User a revocable, limited, non-exclusive, non-transferable, non-sublicensable license to access and make product purchases on the Sites. Applied authorizes User to view, copy and print the Content displayed on the Sites solely for its legitimate business purposes related to the purchase of products from Applied, provided, however, that any copy of any Content (or portion thereof) which User makes must identify Applied (or such other owner as Applied notifies to the User) as the owner of the intellectual property of the Content. Any other reproduction, retransmission, redistribution, publication, broadcast or circulation of any content on the Sites without the express prior written consent of Applied is strictly prohibited.

Applied reserves the right to deny User access to, or use of, all, any, or any part of the Sites, without prior notice, if User engages in any conduct that Applied believes in its sole discretion violates any provision of these Website Terms or the rights of Applied or third parties ,or is otherwise inappropriate or unlawful.

PRIVACY: Applied is committed to protecting your personal information and complying with the Privacy Act 1988 (Cth). Applied’s Privacy Policy can be viewed at www.appliedau.com.au

DISPUTE RESOLUTION: Actions by Applied for nonpayment by Customer of the purchase price of products sold by Applied through the Sites or otherwise, or for redress of other breaches by the Customer of the Terms of Sale or by a User or Customer of these Website Terms, may be brought by Applied, at its option, before any judicial court of competent jurisdiction. All other disputes, controversies or claims arising out of, relating to or in connection with these Website, including any questions regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Australian Disputes Centre (ADC). The arbitration shall be conducted in Melbourne, Australia in accordance with the ADC Rules for Domestic Arbitration operating at the time the dispute is referred to ADC (the Rules). The terms of the Rules are hereby deemed incorporated into these Website Terms. This clause shall survive termination of this Website Terms.

EXPORT SALES: Customer may not export or re-export Applied's products and information unless Applied agrees in writing in a document duly signed by an authorized representative of Applied, and then only in strict accordance with that document.

FOREIGN CORRUPT PRACTICES: User represents and warrants that it has not, and covenants that it will not, pay or give anything of value to any government employee in connection with the purchase, sale or resale of any Applied products.

INDEMNITY: The User agrees to indemnify and hold Applied, and its subsidiaries, affiliates, officers, agents or other parties and employees, harmless from any and all claims or demands, including reasonable legal fees, made by any third party due to or arising out of User's use of the Sites, any data provided by the User to the Sites, User's connection to the Sites or User's violation of these Website Terms or the violation of the rights of another person or entity related to User’s accessing or use of the Sites. User further agrees to indemnify and hold Applied harmless from and against any and all claims, losses, liabilities and damages, including reasonable legal fees, resulting from the connection to or interface of the Sites with any e-marketplace or e-procurement application selected, used or operated by User, which such interface shall only be made with the written consent of an authorized signatory of Applied.

ENTIRE AGREEMENT: These Website Terms constitute the entire agreement between Applied and User concerning the access and use of the Sites, and these Website Terms supersede all other prior and contemporaneous statements, communications, and documents except to the extent that other agreements, terms, conditions, instructions and procedures are agreed in writing in a document signed by an authorized representative of Applied.

GOVERNING LAW AND JURISDICTION: By accessing the Sites, you and Applied agree that all matters relating to your access to, or use of, the Sites and the validity and performance of these Website Terms shall be governed by the statutes and laws applicable in the State of Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts in the State ofVictoria, Australia. Access and use of the Sites is unauthorized in any jurisdiction that does not allow for full effect to all provisions of these Website Terms and Applied's Terms of Sale including without limitation this provision and the warranty and disclaimer of liability exclusions. Applied makes no representation that materials, services or products available on the Sites are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Users who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with local laws.

MISCELLANEOUS: If any provision of these Website Terms is unenforceable, invalid or void for any reason, such provision shall be automatically voided and shall not be part of these Website Terms and the enforceability or validity of the remaining provisions of these Website Terms shall not be affected. Applied's failure to enforce any provision of these Website Terms shall not be deemed a waiver of such provision nor the right to enforce such provision.