ABN: 72 609 566 421
All Correspondence To:
PO Box 268, The Junction 2291 NSW Australia
Information: E: Info@wwest.com.au
Sales Enquiries: E: email@example.com
You are: Our Customer
Terms and Conditions
In this agreement:
“Carrier” means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.
“Goods” means any products we offer for sale.
“Written Material” means any informational material published by us in any medium with a view to providing information to our customers or prospective customers.
2 Our contract with you
2.1 We shall accept your order by letter / e-mail confirmation. Our message will also confirm details of your purchase and tell you when we shall despatch your order. That is when our contract is made.
2.2 It is possible that the price may have increased from that posted in our Written Material.
2.3 All descriptions, weights and sizes of Goods are those of the original manufacturers and you may not rely on their accuracy. Accordingly, any such description shall not form part of this Agreement.
2.4 If we do not have the Goods you order in stock, we will offer you alternatives before we despatch your order. If this happens you may:
2.4.1 accept the alternatives we offer;
2.4.2 cancel your order;
2.4.3 leave the order valid, but tell us to omit the out-of-stock item.
2.5 If the company owes you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 30 days from the date of your order.
2.6 Goods are at your risk from the moment they are picked up by the Carrier from our warehouse.
3 Price and Payment
3.1 Unless you have a credit account with the Company and comply with its conditions, you must pay us the full price of your order before despatch.
3.2 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than AUS Dollars will be borne by you.
3.3 Any details given by us in relation to exchange rates are approximate only and may vary from time to time.
3.4 You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.
4 Information you give us
4.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself as purchaser. We need this information to provide you with the Goods.
4.2 We will use our reasonable endeavours to respond to any point of dissatisfaction by you, provided you contact us within three months of purchase.
5.1 Unless agreed to in writing by the Company, all costs of delivery will be at the purchaser’s expense.
5.2 The Carrier will make deliveries to the address stipulated in your order. You must ensure that someone is present to accept delivery.
5.3 If we are not able to deliver your goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
5.4 We may deliver the goods in installments if the goods are not available at the same time for delivery.
5.5 If the Company determines that it is or may be unable to deliver within a reasonable time or at all, the Company may cancel the contract. If the contract is cancelled, the purchaser will have no claim against the Company for any damage, loss, cost or expense.
6 Purchases from Outside Australia-Taxes, duties and import restrictions
6.1 We have no knowledge of, and no responsibility for, the laws in your country of residence.
6.2 You are responsible for purchasing Goods, which you are lawfully able to import, and for the payment of import duties and taxes of any kind levied in your country of residence.
7 Goods returned
Because you are buying the Goods by mail order, you may have a right of cancellation. If you do (and only if you do), these are the terms that apply:
7.1 You must tell us you wish to cancel within 7 days of your receipt of the Goods;
7.2 You may not cancel in any event, orders for food or other perishable Goods, nor for handmade, specially commissioned or personalised goods;
7.3 The Goods must be returned to Safe Electrical Technology Pty Ltd within 21 days of your telling us you wish to cancel:
7.3.1 with both goods and all packaging in their original condition;
7.3.2 securely wrapped;
7.3.3 including our delivery slip;
7.3.4 at your risk and cost.
7.4 After we have received the Goods no later than 30 days from the date of receipt;, we will credit your credit or debit card with the full purchase price of the goods returned.
7.5 If you do not return the Goods to us, you are still liable to us for the cost.
7.6 We are under no obligation to collect or recover Goods from you, but if we do, our costs will be payable by you.
8 Risk & Property
8.1 Unless otherwise agreed in writing by the Company, the risk or loss of, or damage to the goods will pass to the purchaser on delivery to the purchaser. If the purchaser collects the goods or arranges for their collection from the Company then delivery will be deemed to occur on collection of the goods from the Company.
8.2 Property in and ownership of the goods will not pass from the Company to the purchaser until payment in full of the purchase price of the goods and all other amounts owing to the Company under these conditions.
9.1 Unless other wise stated or agreed in writing by the Company, the specification of the goods is in respect of tolerances, weight, size and dimensions as stated in the Company’s product information and/or in any applicable drawings issued by the Company or if not so specified, subject to tolerances normally regarded as being commercially acceptable.
9.2 All illustrations, drawings and specifications remain the intellectual property of the Company and must be treated as confidential by the purchaser and their purchaser’s (who may not copy, or sell, lend or otherwise dispose of or use them without the prior written consent of the Company).
10.1 If the purchaser cancels any order or refuses to accept all or any of the goods in an order other than in circumstances permitted in these conditions, the purchaser will be liable for any resulting damage or loss suffered by the Company. If the goods have been or are in the process of being manufactured or produced specifically for the purchaser, the purchaser will pay to the Company as liquidated damages the full contract price of the goods and any costs incurred by the Company (including, but without limitation, any GST)
11.1 The Company warrants the purchaser that each WWEST Product supplied under this agreement will be:
11.1.1 of merchantable quality;
11.1.2 free from defects in design, material and workmanship;
11.1.3 fit for the purpose intended and for those SET Products being the Prescribed purpose; and
11.1.4 will comply with the requirements of the laws of Australia.
11.2 The Company will repair or replace (at the Company’s option) all goods and the their components manufactured by it which the Company at its discretion, determines are defective in materials or workmanship under normal use and service within the warranty period defined for each product or component supplied. The liability of the Company under this condition is limited to the repair or replacement of defective goods and components. All other costs, including cartage must be paid by the purchaser.
11.3 All Warranty periods shall be calculated from the date of despatch By WWEST.
12.1 So far as the law permits, the liability of the Company for a breach of a condition or warranty that cannot be excluded is limited, at the Company’s option to:
12.1.1 The replacement or repair of the goods;
12.1.2 The supply of equivalent goods; or
12.1.3 The cost of replacing or repairing the goods or of acquiring equivalent goods;
12.2 You agree to release, hold harmless and indemnify the Company to the maximum extent permitted by law from and against any liability whatsoever and howsoever arising (including, without limitation, from negligence or wilful misconduct on the part of the Company or others) in connection with the sale of goods by the Company.
13.1 We may make improvements or changes to our Written Material or to any of the Goods, at any time and without advance notice.
13.2 You are advised that Written Material may include technical inaccuracies or typographical errors.
13.3 We give no warranty and make no representation, express or implied, as to:
13.3.1 the adequacy or appropriateness of the Goods and Services for your purpose.
13.3.2 the truth of any information given in our Written Material;
13.3.3 any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
13.3.4 compliance with any law;
13.3.5 non-infringement of any right.
13.4 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Web Site or the purchase of Goods.
13.5 Except for a claim for personal injury, in any claim against us our liability is limited to the value of the goods you have purchased in the contract which is the subject of the dispute.
14.1 Any notice to be given by one party to the other under these conditions must be sent by facsimile or email or prepaid mail to the other party’s facsimile number or email address or postal address (as the case may be). No notice will be taken to have been given until it is actually received at that facsimile number or email address or postal address.
15.1 You agree to indemnify and keep indemnified and save harmless the Company and the Company’s servant from all damages suits actions claims and demands of every description whatsoever and howsoever arising either directly or indirectly from the use, maintenance, transport and operation of the goods or otherwise and whether resulting from negligence of the Company or servants or otherwise.
15.2 You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of the Goods, or the infringement by you, of any intellectual property or other right of any person.
16 Contractual Limitation
Where we provide goods without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such goods or services.
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
18 No Waiver
No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
19 Dispute Resolution
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
20 Force Majeure
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
21 Governing Law
This Agreement shall be governed by and construed in accordance with the law of Australia. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
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