Terms & Conditions
Definitions
“User” means the person or entity using the website.
“Owner” means Adaptronic Electronics Pty Ltd ACN 126 860 633.
“Website” means this website found at the URL: http://adaptronic.com.au
Agreement to these Terms and Conditions
It is a condition of use of this Website that the User agrees to these Terms and Conditions.
By registering to use this Website, the User agrees to be bound by these Terms and Conditions.
Identification
Any User of the Website shall only register on the Website using their own legal name, or if the User is an authorised representative of a corporation, the name of the corporation. The Owner reserves the right to contact a User to confirm the validity of account details.
Privacy and Storage of your personal information
The privacy policy of the Website can be viewed here: http://adaptronic.com.au/privacy-policy/
Indemnity
The User agrees to indemnify the Owner against any claim for loss or damage of any kind by any third party arising out of, or in relation to, the use of the Website by the User. The Owner expressly excludes liability to the User with respect to the unavailability of content on the Website, regardless of whether or not this unavailability is caused by the negligence of the Owner.
Copyright
All material on this site is the copyright of the Owner and the copying or use of this information is not permitted unless prior written permission is received from the Owner.
Warranty and Liability
Warranty is limited to the performance of the product to its specification. It is the responsibility of the User to select products appropriate for the User’s application. The Owner does not offer a warranty to cover any products or workmanship not provided by the Owner. The Owner will not be liable for any consequential damages caused by the negligence of third parties or misuse of its products.
In accordance with NSW Consumer Law, the following paragraph is included:
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Delivery
Goods are at risk of the User once they leave the Owner’s premises. Insurance on shipping can be provided at the User’s cost but must be requested by the User.
Force Majeure
Neither party shall be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of the party so delaying, and such party shall be entitled to a reasonable extension of time for the performance of such obligations.
Products and Pricing
Product pricing on the Website varies from one location to another, based on tax codes and currency conversions. Therefore it is the responsibility of the User to confirm the delivery address at checkout time to confirm the correct currency and tax code.
At any time, new products may be added to the Website and products may be discontinued with no notice. Pricing is also subject to change without notice.
Payment Conditions
Unless a separate credit arrangement has been agreed, payment in full for any goods sold is required before shipping is performed. The User agrees to pay any local taxes, duties and fees as required.
Title
The Owner retains the title of goods either not paid for, or not paid for in full, and reserves the right to either use legal means to recover the owed funds or recover the goods.
Severance
In the event that the whole or any part or parts of any clause in these Terms & Conditions is found not to be enforceable by a Court then such clause or part thereof shall be to that extent severed from these Terms & Conditions without effect to the validity and enforceability of the remainder of these Terms & Conditions.
Notices
Notices to be given under these Terms & Conditions may be given personally or in writing by posting the notice to the following address:
(a) for a notice to the Owner: PO Box 5029 South Turramurra NSW Australia 2074; and
(b) for a notice to the User: the address for the User as contained in the order form.
Jurisdiction
These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the Courts in New South Wales, Australia.
The parties agree that proceedings may be commenced in any court in New South Wales, Australia and consent to that court having jurisdiction by virtue of this Clause despite the court would not having such jurisdiction without this consent.
