These Terms and Conditions govern the use of www.alectro.com.au ("the website") and the purchase of any goods from it. Please read them carefully. The website is owned and operated by Alectro Pty Ltd, (13 135 405 024). If you have any questions, please contact Alectro Pty Ltd on 1300 17 44 33 prior to placing your order.
THESE TERMS AND CONDITIONS ARE TO BE READ TOGETHER WITH THE APPLICABLE QUOTE OR INVOICE (the “Invoice”) AND THE TERMS OF ANY SERVICE SELECTED BY THE CUSTOMER. The terms and conditions govern the sale by Alectro Pty Ltd (“Alectro”) to the Customer of its products and services (the “Products”). Please note, by accessing, browsing and/or ordering from our website, you agree to be bound by these terms and conditions. Using our website and/or placing an order indicates that you have read, understood and agree to these terms and conditions.
The Customer may not alter, supplement or amend these terms and conditions under any circumstances. Any attempt by the Customer to so alter, supplement or amend these terms and conditions, or to enter into an order for Products that is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both the Customer and Alectro. Alectro may alter or make amendments to these terms and conditions as they relate to future sales or deliveries at any time without prior notice.
2. Governing Law
This document shall be governed by and construed in accordance with the laws of NSW, Australia and the parties hereby agree to the non exclusive jurisdiction of the courts of NSW, Australia.
3. Payment Terms; Orders; Quotes; Interest
Credit terms are within Alectro’s sole discretion, and unless otherwise specified in Alectro’s invoice, Alectro must receive payment prior to Alectro’s acceptance of an order. Payment for the Products will be made by credit card. If credit terms have been agreed to by Alectro, invoices are due and payable within 30 days after the date of the invoice. Alectro may invoice parts of an order separately. Orders are not binding upon Alectro until accepted by Alectro. All Quotes given by Alectro will only be valid for the period stated on the Quote. The Customer agrees to pay interest on all amounts past due at a rate of 2% per month.
4. Shipping Charges and Taxes
Separate charges for shipping and handling will be shown on Alectro’s invoice(s). Unless the Customer provides Alectro with a valid and correct tax exemption certificate applicable to the Products shipped to Customer’s location prior to Alectro’s acceptance of the order, the Customer is responsible for goods and services tax, sales and all other taxes associated with the order, however designated, except taxes on Alectro’s net income. If applicable, a separate charge for taxes will be shown on Alectro’s invoice.
Title to Products passes from Alectro to Customer at the time the Products leave Alectro’s warehouse. Customer agrees that it will be bound by each such licence agreement once its package is opened or its seal is broken. Alectro will take responsibility for any loss or damage to the Products which occurs during shipping. Shipping dates are estimates only. Alectro is not liable for delays in shipment or failure to ship by the estimated ship date.
6. Warranties and Disclaimers
- The limited warranties, applicable to Alectro branded products only, are included in the applicable warranty statement in the documentation accompanying the products. Alectro makes no express warranties or conditions except those in Alectro’s applicable warranty statement that are in effect on the date of the invoice. Any such warranty will be effective and Alectro will be obligated to honour any such warranty only upon Alectro’s receipt of payment in full for the item to be warranted.
- Alectro disclaims all other warranties and conditions, express or implied, in respect of the products and services contemplated by these terms and conditions including, without limitation, implied warranties and conditions of merchantability and fitness for a particular purpose.
- Alectro’s responsibility for claims in respect of the products and services contemplated by these terms and conditions is limited to repair and replacement as set forth in Alectro’s applicable warranty statement in effect on the date of the invoice.
- Alectro reserves the right to change its warranties at any time, in its sole discretion and without prior notice, with respect to future sales and deliveries.
7. Return Policies
Alectro’s Customer Return Policy provides that end user Customers who buy Products directly from Alectro may return them to Alectro up to 14 days after the date of the Invoice for such Products for a refund of the Product purchase price if the same has already been paid by Customer. This refund does not include any shipping and handling charges. Returned Products must be in an “as new” condition, and all of the documentation, diskettes, CDs, power cables and any other items included with the Products must be returned.
From time to time, Alectro may, in its sole discretion, exchange Products or portions of a Product. Any exchanges will be made in accordance with Alectro’s exchange policies in effect on the date of the exchange.
Alectro’s policy is one of ongoing Product update and revision. Alectro may revise and discontinue Products at any time without prior notice. Alectro shall use its reasonable efforts to ensure that the catalogue of Products on its website is up-to-date, but Alectro makes no guarantee that all Products listed in Alectro’s online catalogue will be available at all times or at any time.
10. Limitation of Liability
Alectro does not accept liability beyond the remedies set forth herein or in the applicable warranty statement or service offering. This includes, without limitation, any liability for products not being available for use or for lost items. Alectro shall not be liable for lost profits, loss of business or other loss or damage relating in any way to products or services, whether direct or consequential, special, indirect or punitive even if advised of the possibility of such losses or damages, or for any claim by any third party. The foregoing limitations apply regardless of the causes or circumstances giving rise to such loss, damage or liability, even if such loss, damage or liability is based on negligence or other torts or breach of contract, including, without limitation, fundamental breach or breach of a fundamental term.
11. Service and Support
Service and support offerings may vary from Product to Product. Alectro has no obligation to provide service or support for any Product until Alectro has received full payment for such Product or service/ support contract for which service or support is requested. Alectro shall be under no obligation to supply support or repair services that are required because of improper or inadequate installation, use or maintenance, actions or modifications by unauthorised third parties or the Customer, or accidental or wilful damage or misuse. Services are provided in accordance with the provisions contained in the available Service Offering selected by the Customer, as shown on the applicable Alectro Quote or invoice.
12. Applicable Law and Not For Resale
The Customer agrees to comply with all applicable laws and regulations of Australia and its states/territories. The Customer agrees and represents that it is buying for his or her own use only, and not for resale. Alectro has separate terms and conditions governing purchases by resellers.
13. Export Control
Any and all products available for purchase or licence on this web site are subject to the export control laws and regulations of Australia in effect from time to time. In purchasing any of the Products, the Customer agrees not to dispose through export, re-export, trans-shipment or otherwise, of any Product purchased or licensed from or through Alectro, except in accordance with such export control laws and regulations.
14. Entire Agreement
The terms and conditions contained herein and any document incorporated by reference or referred to herein constitute the entire agreement between the Customer and Alectro pertaining to the subject matter hereof, and supersedes, terminates and otherwise renders null and void any and all prior agreements, understandings and negotiations, whether written or oral, between the parties. In the event of a conflict between these terms and conditions of sale and any of the documents incorporated by reference or referred to herein, these terms and conditions of sale shall govern.
The invalidity or unenforceability of any provision of these terms and conditions shall not affect the validity or enforceability of any other provision hereof and any such invalid or unenforceable provision shall be deemed to be severable.
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.
17. Force Majeure
Alectro shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control.
All content and media on the website has been approved for use by Alectro Pty Ltd and is copyright Alectro Pty Ltd.