Terms and Conditions of Sales
Certain legislation in Australia may provide consumer guarantees or impose obligations on ELEX AU which cannot be excluded, restricted or modified, or only to a limited extent. These Terms and Conditions are subject to such legislation, including without limitation the Australian Consumer Law.
Australian Consumer Lawmeans the law as set out in Schedule 2 of the Competition and
Consumer Act 2010.
Contract means a contract for sale by Elex AU to the Customer of the Products and/or services
incorporating these Terms and Conditions.
Consumer Contract means a contract for the acquisition of goods or services as a ‘consumer’ as that term is defined in section 3 of the Australian Consumer Law.
Critical Component means any component of a system used in High Risk Circumstances. Customer means the person or legal entity identified in Elex Quotation or Invoice.
Extended Warranty means additional warranty protection, purchased by the Customer, that is in addition to the Standard Warranty.
High Risk Activities means use in hazardous environments requiring fail-safe performance or any other application in which the failure of the Products could lead directly to death, personal injury or severe physical or property damage.
Order Confirmation means formal acknowledgement of Product ordered by Customer, sent by Elex.
Place of Delivery means the place designated by the Customer and agreed to by Elex AU for delivery of Product.
Price means the price as per Elex AU Quotation and Order Confirmation and the latter will have precedence.
Products means the products as described in Order Confirmation and may include Elex AU branded products, third party products and Service Offerings.
Third Party Products means products other than Elex AU-branded.
Returns and Refund for Change of Mind Policy
Means,We are not required to provide a refund or replacement if you change your mind.But you can choose a refund or exchange if an item has a major problem. This is when the item: has a problem that would have stopped someone from buying the item if they had known about it is unsafe is significantly different from the sample or description doesn’t do what we said it would, or what you asked for and cant be easily fixed.Alternatively, you can choose to keep the item and we will compensate you for any drop in value. If the problem is not major, we will repair the item within a reasonable time. If it is n0t repaired in a reasonable time you can choose a refund 0r replacement.Please keep your proof of purchase—e.g. your receipt.
Standard Warranty means the warranty protection that comes standard with purchases from Elex, as set out in clause 7 of these Terms and Conditions.
2. FORMATION OF CONTRACT
2.1 No Contract comes into existence until the Customer’s order has been accepted by Elex Au and such acceptance has been received by the Customer. The Contract is deemed to be concluded at the time and place where such acceptance is received by the Customer.
2.2 The products sold and/or services rendered are subject to these Terms and Conditions to the exclusion of any other terms and conditions stipulated or referred to by the Customer. The Customer acknowledges that it is aware of the contents of and agrees to be bound by these Terms and Conditions. Neither Elex AU acknowledgement of a purchase order nor its failure to object to conflicting, different, or additional terms and conditions in a purchase order will be deemed an acceptance of such terms and conditions or a waiver of the provisions.
3. ORDERS, PRICE AND PAYMENT
3.1 Unless credit terms have been expressly agreed by Elex AU, payment for the Products and/or services must be made in full before physical delivery of Products and/or services.
3.2 The Customer will pay for all applicable shipping and handling charges.
3.3 The Customer will bear all country, provincial, government, state and local sales, use, goods and services, value added, excise, privilege and similar levies/taxes.
4. TITLE AND RISK
Title to and risk in the Products passes to the Customer upon delivery of the Products to the Customer.
5.1 Elex AU will deliver the Products to the Place of Delivery.
5.2 For the efficiency of Elex AU production and fulfilment procedures, it may be necessary for Elex AU to deliver the Products by instalments in any sequence. Except as provided in clause 5.4, the Customer may not cancel the Contract where Products are delivered by instalments.
5.3 Any dates provided by Elex AU for the delivery of the Products are estimates only and will not form part of the Contract. Actual delivery date will be affected by factors such as clearance of payment, Customer’s location and availability of parts for the Products. For non Consumer Contracts, Elex AU will not be liable for any delay in delivery of the products and/or services, howsoever caused.
5.4 Customer may cancel an order for Products purchased under a Consumer Contract if Elex AU is unable to deliver the Products within a reasonable period from the estimated delivery date. 5.5 Where Products ordered under a Consumer Contract have been revised and/or discontinued, Elex AU will supply revised or updated Products with the same or better functionality and performance of the Products ordered. The Customer accepts that Elex AU policy may result in differences between the specification of Products delivered to the Customer and the specification of Products ordered.
6. ACCEPTANCE OF PRODUCTS
6.1 Unless the Customer notifies Elex AU to the contrary on the day of delivery and such notification is confirmed in writing within two days, the Products will be deemed to have been accepted by the Customer. The Customer will not be entitled to withhold payment of all or any of the price of the Products whilst any claim is being investigated by Elex AU.
6.3 Nothing in clause 6.1 affects a Customer’s right to claim against Elex AU for a faulty product under Elex AU Standard Warranty or any Extended Warranty, or under their rights under statute.
7.1 Nothing in this clause 7 affects a Customer’s rights under the Australian Consumer Law.
7.2 Unless specified otherwise and in addition to any rights the Customer may have under statute and subject to this clause 7, Elex AU warrants to the Customer that Elex AU products will be free from defects in materials and workmanship affecting normal use for a period of one year from the invoice date.
7.3 This Standard Warranty does not cover damage, fault, failure or malfunction due to external causes, including accident, abuse, misuse, problems with electrical power, servicing not authorised by Elex AU, usage and/or storage and/or installation not in accordance with Product instructions, failure to perform required preventive maintenance, normal wear and tear, act of God, fire, flood, war, act of violence or any similar occurrence; Products with missing or altered Service Tags or serial numbers; any attempt by any person other than Elex AU personnel or any person authorised by Elex AU, to adjust, repair or support the Products and problems caused by use of parts and components not supplied by Elex AU.
7.4 Under the Standard Warranty during the one-year period beginning on the invoice date, Elex AU will repair or replace Products returned to Elex AU facility. Elex AU will ship the repaired or replacement products to Customer freight prepaid.
7.5 Elex AU does not give any warranty that Products purchased under a Contract other than a Consumer Contract are fit for any particular purpose.
7.6 The Standard Warranty is given in place of all excludable warranties, conditions, terms, undertakings and obligations implied by statute, common law, trade usage, course of dealing or otherwise including warranties or conditions of merchantability, fitness for purpose, satisfactory quality and/or compliance with description, all of which are excluded to the fullest extent permitted by law.
7.7 The Standard Warranty does not apply to: (a) Elex AU goods purchased in an auction; (b) non- Elex AU branded products, supplied by Elex and forming part of a Product; and (c) goods which are not standard Elex AU assemblies or configurations as defined on Elex AU published price list.
7.8 Elex AU will provide support for non Elex AU-branded products purchased under a Consumer Contract. Elex AU does not manufacture its non Elex AU-branded products, and may not be able to provide repair facilities or spare parts in relation to them. The Customer acknowledges that the reasonable time for Elex AU to repair non Elex AU-branded products is longer than the reasonable time for the manufacturer to repair the same product.
7.9 Non Elex AU-branded products may be accompanied by their manufacturer’s standard warranties. The Customer acknowledges that where support is required in relation to non Elex AU- branded products it may be more efficient and expedient to seek support under the manufacturer’s standard warranties, at least at first instance.
7.10 Under the Standard Warranty, Products presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the Products.
7.11 We do not accept returns or refund for change of mind.
8. SERVICE AND TECHNICAL SUPPORT
Elex Au will provide general service and technical support to the Customer in accordance with the then-current service and technical support policies in effect. Service and support offerings may vary from product to product. If Customer purchases optional services and support as listed on Customer’s invoice, Elex AU will provide the optional service and support to Customer in accordance with the then-current terms and conditions in the optional service contract between Elex AU and Customer in addition to the Standard Warranty. Elex AU may, at its discretion, revise its general and optional service and support programs and the terms and conditions that govern them. Elex AU has no obligation to provide service or support until Elex AU has received full payment for the Product or service/support contract for which service or support is requested.
9.1 Elex AU will not be liable in contract or in tort for any loss or damage suffered and the Customer’s rights are limited to those set out in these Terms and Conditions and under statute.
9.2 For goods and services which are not supplied under a Consumer Contract Elex Au total liability in respect of each event or series of connected events will not exceed the total price paid for the purchase of products and/or services under these Terms and Conditions.
9.3 The Customer will indemnify Elex AU and keep Elex AU fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or wilful misconduct of the Customer, its employees, agents or sub- contractors or by any breach of its contractual obligations arising out of these Terms and Conditions.
9.4 Elex AU and the Customer agree that Elex AU liability: (a) for Products supplied under a Consumer Contract, is governed solely by the Australian Consumer Law; (b) for Products not supplied under a Consumer Contract does not extend to any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use or performance of products or services, even if Elex AU has been advised of their possibility.
9.5 In the case of Products not supplied under a Consumer Contract, any service response times stated by Elex AU in the service contracts are approximate only and Elex AU will not be liable for any direct or indirect loss or damage arising from its failure to meet such response times.
9.6 To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by Elex AU will be subject to correction without any liability on the part of Elex AU.
9.7 In relation to goods or services supplied under a Consumer Contract that are not of a kind ordinarily acquired for personal, domestic or household use or consumption, Elex AU liability for breach of a guarantee implied into a Contract which cannot lawfully be excluded is limited, at Elex AU’s option, to: (a) in the case of Products, the replacement of the Products or the supply of equivalent Products; the repair of such Products; the payment of the cost of replacing the Products or of acquiring equivalent products; or the payment of the cost of having the Products repaired; OR (b) in the case of services, the supplying of services again; or the payment of the cost of having services supplied again.
10. USE OF PRODUCTS
10.1 Elex AU Products are designed for specific applications and purposes to work under certain operating conditions.Customer’s use of the Product other than in accordance with any manual, operating instructions, specified operating conditions or any other information on the Elex AU website may damage the Product.Such use may adversely affect the Customer’s rights.
10.2 The Customer agrees to only use the Product in accordance with any manual and any specified operating conditions.
11. HIGH RISK APPLICA TION DISCLAIMER
The Products are not fault-tolerant and are not designed or intended for use in High Risk Activities. Elex AU expressly disclaims any express or implied warranty of fitness for High Risk Activities.
12. FORCE MAJEURE
Neither party will 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 will be entitled to a reasonable extension of time for the performance of such obligations.
13. GOVERNING LAW
These Terms and Conditions are governed by and construed in accordance with the laws of WA and are subject to the non-exclusive jurisdiction of the courts of WA.
14.1 The Customer must not assign or otherwise transfer any Contracts or any of its rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Elex AU. Any such unauthorised assignment will be deemed null and void.
14.2 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question will not be affected.
14.3 No failure or delay on Elex AU’s part in exercising any power or right under these Terms and Conditions operates as a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise, or the exercise of any other power or right.
15. ABOUT YOUR WARRANTY
15.1 Y our warranty will be valid:
(a) For a Standard Warranty – when you have paid the full price of the products covered by the warranty.
(b) For an Extended Warranty – when you have paid the full price of the extended warranty.
15.2 To claim under your warranty, contact Elex Technical Support Team.
TECHNICAL SUPPORT CONT ACT DET AILS
PHONE: 1300 00 98 00
15.3 Your warranty will be valid for:
(i) For a Standard Warranty – one year from the date of purchase;
(ii) For an Extended Warranty – the period stated in the Extended Warranty card.
15.4 Our goods come with consumer guarantees that cannot be excluded under the Australian Consumer Law (ACL). You are entitled to a replacement or refund for a major failure and for 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.
15.5 Your warranty rights are in addition to your statutory rights as a consumer.
This Warranty is provided by Elex AU
Address: 15A Weatherburn Way Kardinya WA 6163
Telephone: 1300 00 98 00