DATED: THE 10th DAY OF November 2016
TERMS AND CONDITIONS
In these terms and conditions, “we” “us” and “our” refers to Maxteq Pty Ltd. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions. The information is intended for residents of Australia only.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
- Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
- All prices are in Australian Dollars (AUD) and are exclusive of GST .
- We endeavor to ensure that our price list is current. We reserve the right to amend our prices at any time. If you have placed an order and we do not have sufficient stock to full your order, we undertake to fulfil your order at the price listed at the time you ordered.
- We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
- Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product
- Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
- We endeavor to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
- All prices are in Australian Dollars (AUD) and are exclusive of Our price list can be accessed from our home page and we reserve the right to amend our prices at any time.
- Packaging and postage is an additional charge, calculated at time of purchase.
- When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
- We undertake to accept or reject your order within 7 day period. If we have not responded to you within 7 days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.
- Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the Invoice, quotation or any other order form.
- All risk of loss or damage to the goods passes to you when we dispatch the goods.
- We take no responsibility for losses incurred due to machinery being down due to fault, or delayed in transit
- We undertake to reimburse you for any product delivered to you that is faulty. If you wish to return a faulty product you must notify us, prior to returning the product
- The buyer shall within 24 hours of delivery, notify the seller if the goods do not conform to the order
- If we are unable at the time of return to replace or exchange returned goods, we undertake to offer a credit for the amount initially debited for the purchase including packaging and postage charges
- The Company’s liability arising from or in relation to the supply of the Product is limited to one of the following to be elected by the company:
- When you visit our website, we give you a limited licence to access and use our information for personal use.
- You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights
- Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
- The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tool The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
- This website may from time to time contain hyperlinks to other website Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
- Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.
Intellectual Property Rights
- The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
- All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
- Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments
- If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright
- Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
- To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded
- We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
Statutory Guarantees and Warranties to Consumers
- Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer
Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-
- Schedule 2 of the C&C Act; and
- those statutory guarantees, all of which are given by us to you if you are a consumer
- If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-
- We will repair or replace the goods or any part of them that is defective; or
- Provide again or rectify any services or part of them that are defective; or
- Wholly or partly recompense you if they are defective.
- As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Ac In that regard:-
- If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act
- If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the damages
- If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.
- For goods not manufactured by us the warranty shall be the warranty provided by the manufacturer of the g We are under no liability whatsoever except for the express conditions as detailed and stipulated in the manufactures’ warranty.
Limitation of Liability
- If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-
- To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied aga
- We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied
- We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
- We do not participate in any way in the transactions between our use
- By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
- If a Force Majeure event causing delay continues for more than 30, we may terminate this Agreement by giving at least 7 Notice to y “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
- These terms and conditions are to be governed by and construed in accordance with the laws of Victoria and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Victoria and you agree to submit to the jurisdiction of those Courts.
- If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect
- We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
This document sets out the terms and conditions of the product warranties for Machinery bought through Maxteq Pty Ltd. It is an important document. Please keep it with your proof of purchase documents in a safe place for future reference should there be a manufacturing defect in your Machine.
This warranty is in addition to other rights you may have under the Australian Consumer Law.
- In this warranty:
(a) ‘ACL’ or ‘Australian Consumer Law’ means Schedule 2 to the Competition and Consumer Act 2010;
(b) ‘Machine’ means any machinery purchased by you through the company Maxteq and accompanied by this document;
(c) ‘AGS’ means Maxteq’s authorised serviced centres;
(d) ‘Machinery’ is equipment controlled by Maxteq Pty Ltd of 40 Geddes Street, 3170 MULGRAVE, ABN 97 116 567 236
(e) ‘Warranty Period’ means the period specified in clause 3 of this warranty;
(f) ‘you’ means the purchaser of the Machinery not having purchased the Machinery for re-sale, and ‘your’ has a corresponding meaning.
- Application: This warranty only applies to new Machinery, purchased and used in Australia or New Zealand and is in addition to (and does not exclude, restrict, or modify in any way) other rights and remedies under a law to which the Machinery or services relate, including any nonexcludable statutory guarantees in Australia and New Zealand.
- Warranty Period: Subject to these terms and conditions, this warranty continues for in Australia for a period of 12 months and in New Zealand for a period of 12 months, following the date of original purchase of the Machinery.
- Repair or replace warranty: During the Warranty Period, Maxteq Pty Ltd or AGS will, at no extra charge if your Machinery is readily accessible for service, without special equipment and subject to manufacturer terms and conditions, repair or replace any parts which it considers to be defective. Maxteq Pty Ltd may, in its absolute discretion, choose whether the remedy offered for a valid warranty claim is repair or replacement. Maxteq Pty Ltd or its AGS may use refurbished parts to repair your Machinery. You agree that any replaced Machinery or parts become the property of Maxteq Pty Ltd.
- Travel and transportation costs: Subject to clause 7, Maxteq Pty Ltd will bear the reasonable cost of transportation, travel and delivery of the Machinery to and from Maxteq Pty Ltd or AGS. Travel and transportation will be arranged by Maxteq Pty Ltd as part of most valid warranty claims subject to manufacturers Terms and Conditions.
- Proof of purchase is required before you can make a claim under this warranty.
- Exclusions: You may not make a claim under this warranty unless the defect claimed is due to faulty or defective parts or workmanship. This warranty does not cover:
(a) light globes, batteries, filters or similar perishable parts;
(b) parts and Machinery not supplied by Maxteq Pty Ltd;
(c) cosmetic damage which does not affect the operation of the Machinery;
(d) damage to the Machinery caused by:
(i) negligence or accident;
(ii) misuse or abuse, including failure to properly maintain or service;
(iii) improper, negligent or faulty servicing or repair works done by anyone other than an Maxteq Pty Ltd authorised repairer or AGS;
(iv) normal wear and tear;
(v) power surges, electrical storm damage or incorrect power supply;
(vi) incomplete or improper installation not performed by Maxteq Pty Ltd;
(vii) incorrect, improper or inappropriate operation;
(viii) insect or vermin infestation;
(ix) failure to comply with any additional instructions supplied with the Appliance; In addition, Maxteq Pty Ltd is not liable under this warranty if:
(e) the Machinery has been, or Maxteq Pty Ltd reasonably believes that the Machinery has been, used for purposes other than those for which the Machinery was intended, including where the Machinery has been used for any non-domestic purpose;
(f) the Machinery is modified without authority from Maxteq Pty Ltd in writing;
(g) the Machinery’s serial number or warranty seal has been removed or defaced
- Extra training is not provided under warranty for warranty purposes. Extra training can be provided for a standard training charge.
- How to claim under this warranty:
To enquire about claiming under this warranty, please follow these steps:
(a) carefully check the operating instructions, user manual and the terms of this warranty;
(b) have the model and serial number of the Machinery available;
(c) have the proof of purchase (e.g. an invoice) available;
(d) telephone the numbers shown below.
- Australia: For Machinery and services provided by Maxteq Pty Ltd in Australia: Maxteq Pty Ltd manufacturers 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 for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Machinery repaired or replaced if the Machinery fails to be of acceptable quality and the failure does not amount to a major failure. ‘Acceptable quality’ and ‘major failure’ have the same meaning as referred to in the ACL.
- New Zealand: For Appliances and services provided by Maxteq Pty Ltd in New Zealand, the Machinery come with a guarantee by Maxteq Pty Ltd pursuant to the provisions of the Consumer Guarantees Act, the Sale of Goods Act and the Fair Trading Act. Where the Machinery was purchased in New Zealand for commercial purposes the Consumer Guarantee Act does not apply.
- Confidentiality: You accept that if you make a warranty claim, Machinery and its agents including AGS may exchange information in relation to you to enable Maxteq Pty Ltd to meet its obligations under this warranty.