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Elite Screens Australia - ABN 83 958 112 138 Terms Of and Conditions of Trade - Effective 1st July 2003. |
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The Terms in this document and any document referred to by this document constitute the entire agreement about
Elite Screens Australia's sale of Products and services to Customers. This document supersedes all prior understandings, arrangements and agreements.
Any reference in these terms (in the document) to the singular includes the pleral and vice versa; and,
the word "including" means "including, but not limited to," and the word "includes" means "includes, without limitation,".
1. Definitions and Special Meanings
Some definitions and special meanings within these terms are:
"ESA" means Elite Screens Australia (ABN 83 958 112 138).
"Customer" means the person, business or company that is the purchaser of the Products; and
"Products" means the products sold to Customer by ESA (and is shown in ESA's invoice to the customer)
2. Orders
a) All orders placed by the customer must be made in accordance with ESA's order policy outlined in section 1.
b) All orders placed by the customer are subject to acceptance by ESA. Orders by the customer my be rejected by ESA at ESA's discretion; including such
times when there is insufficient supply of a product, preventing ESA from fulfilling an order.
3. Payments
a) The price for the products ordered by the customer will be as shown on ESA's invoice to the customer.
Note: This may differ to the price shown on the ESA web site; in such circumstances, the customer will be notified by writing, email or phone before being invoiced.
b) Deposit may be required by ESA prior to acceptance of an order. The deposit amount is at the sole discretion of ESA; but typically 30%.
c) The customer will be liable to pay interest on any overdue amount at the annual rate of 3% above the prevailing base lending rate quoted by the Westpac Banking Corporation. Interest will be calculated daily from the date the payment becomes overdue to the date the overdue amount plus accrued interest.
d) Unless stated otherwise, all quoted prices include GST. Prices do not include delivery charges and charges arising from payment methods other than cash, including payments by credit card.
e) The customer must pay the price of products on demand by ESA, any taxes, including goods and services tax that may not be included in the sales price and any additional costs incurred by the customer choosing not to pay by cash, including a 3% credit card surcharge if the credit card method of payment is chosen.
f) The customer must pay ESA any amount to ESA as stipulated in 3e) in full, forfeiting any right of sell-off the customer may have.
g) Failure to pay ESA the price (in accordance with 3a)) and any interest (in accordance with 3c) may result in the products ordered by the customer to be reclaimed by ESA,
the customer forfeiting any payments (deposit in accordance with 3b) and any other part payments for the products) made by the customer from the date purchase to the date of repossession of the products.
4. Delivery
Notes on shipping:
Elite Screens Australia ships to any address in Australia.
Shipping within Australia will depend on a variety of things,
in particular type of product, size of product in volume,
weight, distance and type of shipping you choose.
We will provide information regarding delivery times and charges,
depending which shipping method you require. Delivery within the Sydney metropolitan area is typically cheapest. When your order is placed, you will be contacted by our staff for delivery options.
Your current billing address will be as provided by you in your online or telephone order
and the delivery address, if different, will also be required.
You will then be informed of the delivery charges.
As noted above delivery charges depend upon the methods and options you choose and location.
a) ESA reserves the right to charge for delivery if ESA so choses for whatever reason.
For example, in such circumstances where ESA has mechanical failure in delivery vehicles or cannot ship in time for the customer, ESA may chose a third party to deliver the product at the cost of the customer.
b) Any delivery times provided to the customer are only estimates and ESA will not be liable for any loss, damages, or delay suffered or incurred by customer or customers arising from late or non delivery of products
5. Inspection and Acceptance after delivery
a) For all products ordered by the customer, the customer must inspect the products delivered to the customers delivery address; and must,
within 3 days of delivery give written notice (emailing to sales@elitescreens.com.au accepted, except in such circumstances where mail servers prevent the delivery of the email) to ESA any aspect of the order the customer believes does not accord with the customers order.
Failure to give such a notice, the products will be assumed to be accepted by the customer.
6. Risk
a) All products ordered by the customer for delivery will be at the customers risk immediately upon assignment of the products to a delivery company (including ESA delivering the products).
b) All products in the custody of the customer immediately become the risk of the customer (which may happen before 6a).
c) All risk as stipulated in 5a) and 5b) remains with the customer unless ESA reclaims the products.
7. Title
a) Title of the products sold by ESA to the customer are transferred to the customer only when the products are paid for in full (including any overdue interest).
b) If the customer breaches these terms or any sales contract made between ESA and the customer, the customer authorises ESA to enter any premises where the products are located for ESA to inspect and/or reclaim the products.
8. Returns
a)Returns are subject to ESA's returns policy which may be amended by ESA over time, the current version of which is set out in in Section 1: Returns Policy.
9. Warranty
a) ESA will pass on any warranty of the products sold to the customer if a warranty is provided by the manufacturer of the product.
10. Liability
b) ESA will not be liable (to the extent of law) to the customer any other person under any circumstance for any loss of use, profit, revenue, interest, goodwill, data, for any injury or death to any person, or for any indirect, incidental or consequential damages sustained or incurred by Customer, whether such liability arises directly or indirectly as a result of:
the sale, performance or use of any Products or Services; or
any negligent act or omission or wilful misconduct of ESA or its employees or agents;
any breach by ESA of its obligations under these Terms or any relevant Sales Contract.
11. Privacy
a) ESA's privacy policy which may be amended by ESA over time, is set out in in Section 2: Privacy Policy. (Also shown on ESA's web site)
Section 1: Returns Policy of ESA
a) ESA sells products to the customer on a 'No Return Basis' on 'No Fault' products. This means that ESA may not accept returns not due to the fault of ESA or if the Customer changes their mind or if ESA decides the product cannot be returned for other reasons.
Indeed it is ESA's duty to sell high quality non faulty products, and the customer may be covered by manufacturers warranty. A customer may return the product to the manufacturer based on the terms as stipulated within the respective manufacturers warranty that
may come with the products sold by ESA.
b) ESA reserves the right to apply the 'No Return' policy, to the extent of the law, and will attempt to advertise this where possible.
c) ESA will not be liable for damage or defect in products caused by neglect, improper use, installation, maintenance or any unauthorised repair on the products.
Section 2: Privacy Policy of ESA
Elite Screens Australia recognise the importance of your privacy,
particularly when personal information is transmitted through the internet. We are committed
to protecting all personal information which we may hold
to conduct business. This privacy
policy details how we attempt to safeguard your privacy.
* We are bound by the National Privacy Principals (NPPs)
and comply with them to the extent as required by the
Australian Privacy Act.
* Any personal information we collect typically depends on
the products you may purchase from us. In most cases, this
will include, but is not limited to:
- Contact details such as your name, delivery address,
and email address.
- Previous purchase history.
- Any communication between us and you, possibly your
email address.
* We may from time to time collect browsing pattern
information. This, however, is not personal information as
it will not reveal your identity. All personal information
we may collect will be supplied directly by you, for
example by filling an online order request form.
Using your information disclosed to us
* Any information disclosed by you to Elite Screens
Australia will be used ONLY for Elite Screens Australia to
conduct day to day business. For example your delivery
details for us to deliver your product.
* Elite Screens Australia may use your details to inform
of any future specials. If you do decide you doni't want to
receive such material, please inform Elite Screens
Australia and we will be happy to remove you from any
advertisement list.
Access to your information
* Most, if not all personal information stored by Elite Screens Australia
is directly accessed and in most instances modified through the Elite Screens Australia
web site.
* In some cases, in accordance with the National Privacy
Principals, we may refuse to give you access to personal
information we may hold about you in some circumstances.
For example if giving you this information could cause impact on
other peoples privacy. Any refusal for access to
information will be given a reason.
For ore information about our privacy policy. Please
email us.
* From time to time, it may be required for Elite Screens
Australia to change its privacy policy. We reserve the
right to do so at any time. You will be notified if such
an event occurs at least through our web site.
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