TERMS & CONDITIONS
Terms & Conditions of Sale including Refund Policy
“Company” means TecHome Pty Ltd, ABN 20 139 432 456.
“Purchaser” means the person, partnership or body (howsoever incorporated) purchasing the Products and/or Services specified in this proposal; “Products” means the equipment, materials, manufactured articles or other goods specified in this document supplied by the Company to the Purchaser under an agreement of which these conditions form part; “Services” means the repair and / or design of Products agreed to be provided by the Company to the Purchaser (where applicable).
These terms and conditions of sale apply to all contracts for the sale of Products solely or for Products and Services and unless expressly approved in writing by the Company, any term or condition of an order placed by the Purchaser which conflicts with or purports to vary or modify these terms and conditions will have no effect whatsoever and will not be binding on the Company.
- Order, Cancellation Charges
(a) Any order for Products, or Products and Services will be binding on the Company unless rejected in writing by the Company within seven (7) days of receipt of such order. After the seven (7) day period referred to in (a) above, orders can only be cancelled by mutual agreement and upon payment by the Purchaser of a cancellation charge equal to fifteen percent (15%) of the total purchase price for the Products and/or Services ordered together with an amount sufficient to indemnify the Company for its actual and prospective loss, damage and expense consequent upon the cancellation.
TecHome reserves the right to change the prices of any of our products without notice and with immediate effect.
GST is included in the display prices of TecHome’s products and services and will be adjusted where applicable.
Payment should be made by the Customer to the company for all goods supplied, work and labour done and services rendered on the day of order by credit card or direct debit payment options provided on the TecHome website. The Customer acknowledges that timely payment is essential and the goods will not be shipped by the Company until the payment has been received in full. Any breach of this term may entitle the Company to exercise all of its rights contained herein including, (but without limiting in any way its rights) to cancel credit and take legal action for recovery of outstanding amounts. In addition if the Customer does not pay the full invoiced amount by the due date the Company may, in addition, be entitled to charge interest on the overdue amount at the rate of 24% per year. Interest may accrue on a daily basis from the due date up to the date of actual payment and will be payable by the Customer on demand by the Company. The Company may apply monies received first in satisfaction of accrued interest on overdue amounts and second in reduction of the unpaid Invoices. Payment by Credit Card is permitted and will attract a processing charge of 2.%. All costs and expenses incurred by the Company to remedy any breach by the Purchaser of these terms and conditions shall be recoverable from the Purchaser in addition and without prejudice to any other rights, powers and remedies held by the Company.
- Delivery and Risk
(a) The performance by the Company of the terms of this agreement is subject to the availability of the necessary Products to enable the Company to fulfill the order.
(b) The Company will use its best efforts to fill all accepted orders in accordance with delivery dates specified by the Purchaser or, if no delivery dates are specified, as soon as practicable but in no event will the Company be liable for any claim, cost, loss, expense or damage resulting from any delay in delivery or performance or for any failure to deliver by the delivery date due to causes beyond its control.
(c) Products ordered by the Purchaser will be consigned by the Company, using an agent or carrier nominated by the Purchaser, freight collect to the Purchaser’s premises or to such other premises as the Purchaser directs.
(d) All freight, delivery and insurance charges will be the Purchaser’s responsibility. Risk of loss or damage to the Products will pass to the Purchaser upon consignment of the Products to the Purchaser or its agent or carrier. In accordance with paragraph (c) above will be deemed to constitute delivery to the Purchaser.
(e) Domestic delivery charges (as at the 5 May 2011) are set at $AUD 38.50 for the first item and $15 for every item thereafter. Extra charges may be applicable for heavy items. International delivery charges will be determined by the country of destination and weight. The company reserves the right to change shipping charges at anytime without notice and with immediate effect.
- Passing of Title
Despite consignment pursuant to clause 6 property in the Products will remain with the Company and will not pass to the Purchaser unless and until payment in full is made by the Purchaser to the Company. In the event that payment in full is not made by the Purchaser, the Purchaser hereby authorises the Company together with its officers and employees and duly authorised agents to enter upon the Purchaser’s premises where the Products are situated to recover such Products. In the event that payment in full is not made by the Purchaser within a time frame of 3 months of initial invoice, the Purchaser hereby authorises the Company to resell the Product to any other interested party. Partial payment will not be reimbursed.
- Refunds, Warranties and Limitation of Liability
(a) The Company warrants that any Products or Services sold to the Purchaser hereunder will upon consignment by the Company be free from defects in material or workmanship for a period of one (1) year in the case of new products and 90 days in the case of repairs, from the date of the invoice (or original invoice if more than one invoice issued). If such defect appears within this period, the Company at its option will repair, replace or issue credit based on an equitable adjustment in price to the Purchaser. Replacement parts or Products will be furnished on an exchange basis and will be either reconditioned or new. All defective parts will be returned to the Company and will become the Company’s property.
(b) These express warranties will only apply if:-
(i) the Company is notified in writing within fourteen (14) days of the discovery of any relevant defect;
(ii) the Company is satisfied that after consignment the Product has been properly handled, carried, installed, stored, used and maintained and that the Purchaser has complied with any applicable recommendations of the Company and that the Product has not been altered or modified in any way by any person;
(iii) the Company has obtained from the suppliers of materials and components incorporated into the Products warranties in terms similar to the warranties contained herein; and payment has been made strictly in terms of this agreement.
(c) In addition to the general exclusions contained in (b) above the Company will not be responsible for the non performance of malfunction of or damage to any Product or Service supplied to the Purchaser arising from:-
(i) malicious interference caused to the Product or its installation;
(ii) storm, tempest, flood, fire, earthquake and other acts of God;
(iii) war, invasion, act of foreign enemy, hostilities, civil war, rebellion, revolution, insurrection or military or usurped power;
(iv) modification or interference to the equipment by the Purchaser or on the Purchaser’s behalf without the written authority of the Company;
(v) abnormal variations in electrical power supply;
(vi) failure of ancillary equipment not part of the Product;
(vii) fair wear and tear.
Any cost or expense incurred by the Company in detecting or isolating such non-performance malfunction or damage so caused will be borne by the Purchaser.
(d) Apart from these express warranties and SUBJECT TO PARAGRAPH (e) BELOW, the Company will not be bound by or subject to any term, condition, warranty, obligation or liability (including any liability for indirect or consequential loss or whatsoever to the person, property or business of the Purchaser or any third party) in respect of the Products or in respect of Services provided hereunder, of for any defect in, failure of, or unsuitability or unfitness for any purpose of the Products whether the same may be due to any act, omission, negligence or willful default of the Company or its servants’ or agents’ workmanship, materials or infringement of rights or to any other cause whatsoever, and all other conditions or warranties, whether express or implied, statutory or otherwise, inconsistent with these conditions, are hereby expressly excluded to the extent allowed by law.
(e) Paragraph (d) above does not exclude, restrict or modify any condition or mandatory warranty implied or imposed by virtue of any applicable Commonwealth or State legislation or any statutory rule or regulation made thereunder.
(f) To the extent permissible pursuant to Division 2 of Part V the Trade Practices Act, 1974 (as amended) the Company’s liability for breach of any implied condition or warranty as set out herein is expressly limited;
(i) in relation to a Product, to the repair, replacement or supply of an equivalent Product or to the payment of the cost of repairing, replacing or of acquiring an equivalent product (at the Company’s option); and
(ii) in relation to Services, (where applicable) to the supplying of the Services again or to the cost of supplying the Services again (at the Company’s option). The Purchaser will indemnify and keep indemnified the Company against any and all action, proceedings, costs, damages, claims, demands and expenses whatsoever brought against or incurred by the Company arising out of or in connection with any act or omission or any negligent or willful default by the Purchaser in connection with the re-supply of any Products by the Purchaser to any third party or the use of any Products by any such third party.
(a) Where the Company has agreed to provide Services, prices for such Services are quoted on the basis that the work can be performed within its own premises during normal working hours. It is the Purchaser’s responsibility to obtain and keep current all necessary authorisations or approvals from any government body or statutory authority relating to use of the Product.
- Intellectual Property
Unless otherwise expressly agreed in writing between the Company and the Purchaser, all intellectual property and technical know how acquired or produced by the Company in the course of providing the Products and/or Services shall remain the property of the Company.
- Governing Law
This contract for the sale of the Products and/or Services as specified in this document, will be governed by the laws in force for the time being in the State of Queensland, Australia
These terms and conditions will prevail notwithstanding any other terms and conditions on any order submitted by the Purchaser.
Any failure by the Company to enforce any term or condition hereof will not be deemed to be a waiver of future enforcement of that or any other term or condition. The provisions of these terms and conditions are severable.
The Purchaser acknowledges and declares that no promise, representation or undertaking has been given by the Company in respect of the suitability of the Products or their installation (where applicable).
The knowledge gained on developing software modules and other technical applications (circuitry) deemed to be not patentable and of common knowledge within the electronic and electrical industry remain with the Company.
The parties hereto consider the covenants, obligations and restrictions herein contained to be reasonable in all the circumstances and each and every one of such covenants, obligations and restrictions and each and every part thereof shall be deemed severable and an independent covenant, obligation or restriction to the intent that if taken together they shall be adjudged to go beyond what is reasonable in all the circumstances but would be adjudged reasonable with any one or more such covenants, obligations or restrictions or any one or part thereof deleted the covenants, obligations and restrictions herein contained shall be deemed to apply as if such covenants, obligations or restrictions or part thereof as are so adjudged unreasonable, were deleted
- Currency conversion
All prices on the TecHome website will be quoted in AUD (Australian Dollars). Any currency conversions performed on site are an indication only, and are subject to currency fluctuations and applicable bank charges.
- Out Of Stock Items:
TecHome endeavours to completely fill orders at time of purchase. If for any reason the product you have ordered is out of stock, TecHome will notify you to arrange any alternative item or a back order.