Terms & Conditions
1.1. These Terms and Conditions ('Terms') shall govern the supply of goods and/or services by Audio Active Australia Pty Ltd (ACN 138 924 811) ('Audio Active') to you ('the Customer') and shall apply to all transactions between Audio Active and the Customer.
1.2. These Terms supersede all prior understandings, arrangements and agreements relating to the above supply of goods and services. In the event that there is any inconsistency between these Terms and any other communications from Audio Active, these Terms shall prevail unless otherwise agreed by Audio Active.
1.3. 'Goods' means any electronic equipment, parts, accessories and other goods supplied by Audio Active to the Customer, and 'Services' means all services provided by Audio Active to the Customer, from time to time.
2.1. An order made by the Customer to Audio Active must be made in writing or verbally to a representative of Audio Active. By placing an order with Audio Active, the Customer agrees to be bound by these Terms.
2.2. Audio Active is not obliged to accept any order. Audio Active may accept any order by supplying the Customer with the Goods (or providing confirmation that it will supply such Goods), or the Customer paying Audio Active the price for the Goods specified in the order and such amounts being accepted by Audio Active.
2.3. No order may be cancelled except with the written consent of Audio Active and the Customer agrees to indemnify Audio Active against any cost, loss or damage incurred as a result of such cancellation.
3. Prices and GST
3.1. Prices of Goods and Services may be subject to change. Audio Active shall endeavour to notify the Customer at the time of placing an order of any price changes.
3.2. Otherwise, prices quoted in writing by Audio Active are valid for acceptance by the Customer for thirty (30) days from the date of issue. Audio Active may at its sole discretion vary a quote if it is not accepted by the Customer within this period.
3.3. Unless otherwise expressly stated, all prices quoted by Audio Active are exclusive of goods and services tax (as defined by the A New Tax System (Goods and Services Tax) Act 1999 as amended from time to time, 'GST'). The Customer agrees that the quoted price ('Original Cost') is to be increased so that Audio Active receives an amount ('Increased Cost') which, after subtracting the GST liability of Audio Active from the Increased Cost, results in Audio Active retraining the Original Cost after payment of the GST liability.
4.1. Delivery of the Goods supplied by Audio Active to the Customer shall be taken to occur upon the loading of the Goods by Audio Active onto the vehicle of the delivery agent, courier, freight agent or otherperson engaged to transport the Goods to the Customer ('Delivery').
4.2. Unless otherwise stated in writing by Audio Active, the Customer will be charged for cartage on all deliveries of Goods.
4.3. If Goods are to be delivered to a Customer, any period or date for delivery stated by Audio Active is intended as an estimate only and is not a contractual commitment. Audio Active will use its best endeavours to meet any estimated delivery dates but Audio Active will not be liable for any loss or damage suffered by the Customer or any other person for failure to meet an estimated delivery date.
4.4. The Customer will accept Delivery of the Goods promptly and will be responsible for any demurrage and storage costs incurred as a resultof failure to do so. The customer acknowledges that it will also be responsible for all attempted Delivery charges incurred by Audio Active as a result of the Customer's failure to accept prompt Delivery of the Goods.
5.1. Audio Active shall not be liable for any indirect or consequential losses or expenses suffered by the Customer, howsoever caused.
5.2. Conditions, warranties and other provisions which apply to or in respect of the Goods under or by virtue of the Competition and Consumer Act 2010 (Cth) as amended from time to time or any other enactment of the Commonwealth of Australia or of any State or Territory thereof and which, by or under that enactment, cannot be excluded from the contract for the supply of Goods or Services by Audio Active are declared to apply to the contract without restriction, limit or modification.
5.3. All other guarantees, warranties and conditions which would, or may, but for this clause be implied (whether by statute, law, trade usage or otherwise howsoever) into the contract for the supply of Goods or Services by Audio Active (including in particular any which may in any way relate to quality or fitness for any particular purpose) are hereby expressly excluded from the contract to the extent that they can be excluded at law.
5.4. Following Delivery, the Customer shall be required to inspect the Goods and within seven days of receipt of the Goods notify Audio Active in writing of any Goods which do not correspond with the order, contain defects, are damaged, in a state of disrepair or otherwise not merchantable and fit for purpose. Audio Active shall be entitled to inspect the Goods following receipt of such notice to verify the Customer's claim. To the extent permitted by law, Audio Active's liability for any Goods which do not correspond with the order, are defective, damaged, in a state of disrepair or not merchantable and fit for purpose shall be limited to either replacing the Goods, repairing the Goods or refunding the price paid for the Goods or providing the Customer with credit for future purchases (Audio Active's discretion).
5.5. To the extent that the Australian Consumer Law applies in relation to warranty claims arising upon the supply of any Goods by Audio Active to a Consumer as defined under the Australian Consumer Law, then the following shall apply:
(a) If there is a major failure with a Good, the Customer is entitled to:
i. reject the Good and get a refund;
ii. reject the Good and get an identical replacement,
or one similar in value if reasonably available; or
iii. keep the Good and obtain compensation from Audio Active for the drop in value of the Good caused by the major failure.
(b) If there is a minor failure with the Good, theCustomer is entitled, at the election of Audio Active, to:
i. a refund of the cost of the Good;
ii. replacement of the Good; or
iii. have the Good repaired within a reasonable time.
(c) To issue a warranty claim, the Customer will be required to:
i. return the Good to the place of purchase;
ii. present their receipt as proof of purchase;
iii. identify the defect in the Good; and
iv. present Good for inspection on request.
(d) Audio Active's contact details for making a warranty claim are as follows:
Audio Active Australia Pty Ltd
Head Office: 63 Fennell Street, Albert Park Victoria VIC 3206
Phone: +61 (0)3 9699 8900
(e) Audio Active will try and meet the reasonable expenses incurred by the Customer in making a warranty claim.
6. Risk and Responsibility
6.1 The risk in the Goods and all insurance responsibility for theft, damage or otherwise in respect of the Goods shall pass to the Customer upon Delivery until Audio Active has been paid in full.
6.2 Further to clause 9.1, the Customer accepts upon Delivery of the Goods all risk for loss or damage to the Goods whether caused by the Customer or not, and the customer indemnifies Audio Active against all claims, demands, suits and actions for loss or damage caused by or arising from the handling, transport, storage, display,
installation, neglect or use of the Goods after Delivery. Risk in the Goods will remain with the Customer at all times unless Audio Active retakes possession of the Goods in accordance with these Terms.
7. Cancellation by Customer
7.1. Unless otherwise agreed in writing, the Customer may not cancel an order which has been accepted by Audio Active.
7.2. The Customer shall be liable for all orders placed by any person employed by the Customer, or an agent acting on behalf of the Customer.
7.3. Unless otherwise agreed between the Customer and Audio Active, upon cancellation any deposit paid by the Customer will be forfeited to Audio Active.