Terms & Conditions
By ordering Goods from Amperstand, you are accepting and agreeing to these terms and conditions. Amperstand reserves the right to change its terms and conditions at any time at its discretion.
- Amperstand, we or us means Amperstand Pty Ltd (ACN620 889 894, ABN 53 453 865 662).
- Customer, you or your means the customer or any person acting on behalf of and with authority of the customer for the order of Goods.
- Deposit means 50% of the total cost of the Goods to be paid in accordance with clause 3.1.
- Goods means any goods or services provided by Amperstand to you, including your use of the website www.amperstand.com.au
- Order Confirmation means your confirmation of the order of Goods in writing (electronic or otherwise) or by signing and returning the quotation and order confirmation provided to you by Amperstand.
- Receipt of any Order Confirmation from you by Amperstand or the acceptance of any Goods by you will be deemed as your acceptance of these terms and conditions and your agreement that they shall apply to the exclusion of all other terms including any which are implied by law (so far as they are able to be excluded).
- You are responsible to provide Amperstand with written notice of any change of Customer details, including but not limited to, change of address, change of phone number, or email address. You will be liable for any loss incurred by Amperstand for failing to comply with this clause.
Pricing and Payment
- All Goods will be charged at the prices set out in the Order Confirmation unless otherwise agreed by the parties.
- You must pay the Deposit at the time of your Order Confirmation. Full payment of the Goods, including any delivery fee, is required prior to delivery or collection of the Goods.
- All Goods and prices on our website or any marketing material are based on the current list price, which may change without notice from time to time.
- Unless otherwise specified all prices shown are quoted in Australian Dollars (AUD) and are exclusive of GST and any other taxes where applicable.
- The Customer is liable for all reasonable expenses including legal costs and debt recovery expenses incurred by Amperstand for enforcement of obligations and recovery of monies due by the Customer to Amperstand.
- An accounting fee of $100.00 is payable in respect of any dishonoured cheque presented to Amperstand.
- All payments due under these terms and conditions must be made in full without any deduction, withholding, set-off or counterclaim on account of any tax, levy or impost of any kind or any claim that the Customer may have against Amperstand.
Method of Payment
- We accept the following methods of payments:
- direct deposit and cheques drawn on an approved Australian financial institution.
- Payment for orders of Goods will be processed immediately upon confirmation of your order.
- If the transaction is in any way disputed, we reserve the right not to process or deliver the order and may cancel the entire order or any balance of the order not yet processed and/or delivered.
Delivery and Supply
- Any times quoted for delivery of any Goods are estimates only and Amperstand is not liable for failure to deliver, or for delay in delivery. The Customer is not relieved of any obligation to accept or pay for Goods, by reason of any delay in delivery or dispatch. Amperstand reserves the right to stop supply at any time if the Customer fails at any time to comply with the terms and conditions.
- Despite anything in these terms and conditions, Amperstand shall not be liable to the Customer for any damage caused to the Goods after they have been delivered to the Customer, including, without limitation, any damage when the Goods are being transported by the Customer.
- The Customer must notify Amperstand in writing of any price discrepancy, defect in the Goods or other matters within 7 days of its receipt of a delivery of Goods from Amperstand. If the Customer neglects to comply with this clause, the Customer shall be deemed to have accepted the Goods delivered to it by Amperstand without dispute or disagreement in relation to the price of the particular delivery of Goods or any discrepancy or defect in the Goods.
- Without limiting clause 5.4, the Customer's exclusive remedy and Amperstand' limit of liability for any and all claims with respect to the Goods, shall be for the replacement of the particular Goods with respect to which such claims are asserted. Amperstand shall not be liable for indirect, special, incidental consequential, or punitive damages resulting from the use of the Goods or arising out of any breach of these terms and conditions or if the Goods deviate from the Specifications or if there is a breach by Amperstand of applicable law.
- Without limiting the rights of Amperstand under this clause 5, if Amperstand is unable to deliver Goods to the Customer on or before a scheduled delivery date for any reason whatsoever beyond the control of Amperstand, then Amperstand may: (a) deliver those Goods to the Customer after cessation of any such disabling event and these terms and conditions will continue to have full force and effect as though the delivery was made on or before the scheduled delivery date; or (b) rescind these terms and conditions in which case the Customer will have no recourse against Amperstand except for a refund of any part of price paid in respect of those Goods.
Property and Risk
- Risk in the Goods passes to the Customer (including for insurance purposes) at the time the Goods are delivered to the Customer.
- Notwithstanding delivery and passing of risk, the title and property in the Goods supplied by Amperstand shall remain with Amperstand until the Customer has paid all monies owed by it to the Customer, including without limitation where there has been part-payment.
Personal Property Securities Act 2009 (Cth) ('PPSA')
- This clause will apply in relation to clause 6 of these terms and conditions. All capitalised in this clause that are not defined have the meanings given in the PPSA.
- For so long as any of the monies owing by the Customer to Amperstand remain unpaid, the Customer acknowledges that:
- by virtue of clause 6 of the terms and conditions, Amperstand has a Security Interest in the Goods and their Proceeds under the PPSA and these terms and conditions constitute a Security Agreement that covers the Goods for the purposes of the PPSA;
- Amperstand' Security Interest under clause 6 secures all monies owing by the Customer to Amperstand;
- the Customer shall hold the Proceeds from the sale of any of the Goods on trust for Amperstand;
- the Customer will not grant or seek to grant any Security Interest in the Goods adverse to the Security Interest of Amperstand;
- to the extent that a Security Interest secures payment of the amounts owing in relation to the Goods, Amperstand' Security Interest over the Goods and their Proceeds is a Purchase Money Security Interest;
- Amperstand' Security Interest attaches to the Goods when the Buyer attains possession of the Goods;
- it must keep the Goods separate from other goods and maintain the labelling and packaging of Amperstand so that the Goods are readily identifiable as the property of Amperstand however, failure to comply will not affect Amperstand' Security Interest; and
- Amperstand may apply to register a Security Interest in the Goods at any time before or after delivery of the Goods. To the extent permissible under the PPSA, the Customer waives its right to receive notice of any verification of the registration
- In relation to all Security Interests governed by these terms, the Customer undertakes to:
- execute all documents and provide all information which Amperstand may require to register, amend or update a Financing Statement or Financing Change Statement in relation to a Security Interest on the PPS Register;
- indemnify and upon demand reimburse Amperstand for all expenses incurred in registering a Financing Statement or Financing Change Statement in relation to Security Interests on the PPS Register or releasing any Security Interests, including any maintenance or other fees Amperstand is required by the Registrar to pay under the PPSA;
- not register or permit to be registered a Financing Change Statement in the Goods without the prior written consent of Amperstand; and
- provide Amperstand with not less than 7 days prior written notice of any proposed change in the Customer's name, address, contact numbers, business practice or any other such change in the Customer's details registered on the PPS Register to register a Financing Change Statement if required.
- If the Customer defaults under these terms and conditions, Amperstand is and will be entitled at any time to demand the return of the Goods subject to Security Interests under these terms and conditions, the Customer must do all things necessary to immediately permit Amperstand, without notice and without liability to the Customer, to enter and access any premises occupied by the Customer in order to search for, locate, identify retrieve and remove those Goods in which Amperstand has a Security Interest.
- Pursuant to section 157 of the PPSA, unless otherwise agreed to in writing by Amperstand, the Customer waives the right to receive the verification statement in respect of any financing statement or financing change statement relating to the security interest.
- In addition, to the extent permitted by the PPSA, if there is any inconsistency between the Amperstand' rights under clause 7.4 and its rights under Chapter 4 of the PPSA, clause 7.4 prevails.
- If any Goods become unavailable for any reason prior to delivery or collection, Amperstand will discuss with you the option of a refund or exchange (which may be subject to additional fees depending on the value of the exchange).
- No cancellations or partial cancellation of any order by the Customer shall be accepted by Amperstand unless it has first agreed in writing to such cancellation or partial cancellation and unless a cancellation charge has been paid which, being an amount determined by Amperstand, will indemnify Amperstand against all loss, without limitation.
Lost, Incomplete or Damaged Shipments
- All complaints or notification of lost Goods, incomplete Goods, or damaged Goods must be submitted by the Customer to Amperstand in writing within 7 days of the date of the invoice rendered for the Goods with such evidence as is reasonably required by Amperstand. Otherwise, the Customer will be deemed to have accepted the Goods and must not refuse to pay for the Goods on the basis that they were lost, incomplete, or damaged.
Privacy Act 1988 ("Privacy Act")
- To enable Amperstand to assess the Customer's application for credit, the Customer authorises Amperstand:
- to obtain from a credit reporting a credit report containing personal information about the Customer pursuant to Section 18K(1)(b) of the Privacy Act;
- to obtain a report from a credit reporting and other information in relation to the Customer's commercial credit activities.
AND in accordance with Section 18N(1)(b) of the Privacy Act the Customer authorises Amperstand to give to and obtain from any credit provider named in the accompanying credit application and credit providers that may be named in a credit report issued by a credit reporting information about the Customer's credit arrangements. The Customer understands that this information can include any information about its credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to give or receive from each other under the Privacy Act. The Customer understands the information can be used for the purposes of assessing its application for credit (Section 18L(4) Privacy Act), assisting it to avoid defaulting on its credit obligations, notifying other credit providers of a default by it and assessing its credit worthiness.
- All Amperstand products will remain free of defects in material and workmanship for a period of 5 years from the date of receipt of delivery by the Customer subject to the limitations and conditions in the following provisions of this clause 8 being the "Limited Warranty"
- These warranties do not cover product abuse, modification and failure to adhere to product instructions, improper operations and/or misuse. Amperstand is not responsible for damage arising from failure to follow instructions relating to the product's intended use.
- Amperstand does not warrant damages or defects to the Amperstand products under the following conditions:
- unauthorised service or repair of Amperstand products;
- damage from electrical disturbance;
- usage of parts or components not supplied by Amperstand;
- failure to follow product instructions and guidelines;
- unauthorised changes to the Goods;
- freight or shipping damage (other than original shipment from Amperstand);
- damage caused by misuse and/or from other external sources; or
- an act of God.
- Exclusive Remedy:
- Warranty Repair:
In the event that any Amperstand equipment becomes defective in material or workmanship during the warranty period, Amperstand will determine with you if the product defect is covered under warranty. Amperstand, at its sole discretion, may replace or repair the product determined to be under warranty at a designated Amperstand location or at your location. The labour costs associated with the repair of the product may be the responsibility of Amperstand if determined to be under warranty. You must receive pre- approval by Amperstand for the labour costs prior to repair or replacement of warranty products. You must contact Amperstand to obtain its approval by contacting Amperstand online or by telephone. All contact information is available on the Amperstand website at www.amperstand.com.au. Performance of any repair or replacement under product warranty does not renew or extend the warranty period.
- Non-Warranty Repair:
You may return a product for repair that is not covered by warranty by contacting Amperstand to obtain approval and make arrangements for the repair online or by telephone. All contact information is available on the Amperstand website at www.amperstand.com.au. Labour costs and freight charges associated with non-warranty repair will be the sole responsibility of the customer, reseller or installer/integrator. A standard repair fee, specific to the product, is charged for any product that is repaired outside of the warranty period. Repairs on products out of warranty also carry a 90-day warranty, effective the day that you receive the item after repair.
- For products that are not covered under warranty, Amperstand will offer the following options:
- you may upgrade to a newer, functionally equivalent product at the normal Amperstand tariff price;
- Amperstand will return the product to you; or
- you can request in writing that Amperstand appropriately dispose of the product for you at your cost if any costs are incurred by Amperstand in doing so.
- Warranty Repair:
- Non-Defective Products:
You will be notified if, after examining and testing a returned product, Amperstand concludes that the product is not defective. The product is returned to you and you would be responsible for the freight or shipping charges associated with the return.
- Warranty Disclaimer:
- Except as expressly set forth in this Limited Warranty and to the greatest extent allowed by law, Amperstand makes no other representations, warranties or conditions, express or implied, including any implied representations, warranties or conditions of merchantability, fitness for a particular purpose, non-infringement, and non-interference. Amperstand does not warrant that your use of any Amperstand product will be uninterrupted or error free. Any implied warranties that may be imposed by law are limited in duration to the Limited Warranty period, to the greatest extent allowed by law. Some states or countries do not allow a limitation on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages for consumer products. In such states or countries, some exclusions or limitations of this Limited Warranty may not apply to you. This Limited Warranty is subject to change without notification.
- Amperstand devices are not intended to cure, treat, mitigate or prevent any disease, deformity or misalignment.
This Limited Warranty is available only to the original customer and is non-transferable. For this warranty to be valid, the Amperstand product must have been purchased directly from Amperstand or an authorised distributor, reseller and/or authorised representative/agent of Amperstand.
Limitation of Liability
- If Amperstand is held liable in respect of Goods for a breach of a condition or consumer guarantee implied by Division 1 of Part 3-2 of the Australian Consumer Law, or the Sale of Goods Act 1896 (Qld) or equivalent statutes of any relevant jurisdiction, any liability for such breach will be limited at the option of Amperstand to any of the following as determined in the sole discretion of Amperstand:
- a replacement of those Goods or the supply of equivalent Goods;
- the payment of the value of the Goods or of replacing the Goods or of acquiring equivalent Goods;
- the repair or restoration of the Goods; or (d) the payment of the costs of having the Goods repaired or restored.
- No liability is assumed by Amperstand for damage and/or injury resulting from use of products supplied by Amperstand.
- In no event will Amperstand be liable to any third party for any reason whatsoever.
Handling and Storage
- All reasonable steps must be taken by the Customer to ensure that handling and storage of the Goods is appropriate for that type of Goods and minimises the risk of the product being damaged or deteriorating. The Customer must not alter, adapt or disassemble the product in any way, or alter its packaging, labelling or presentation, without Amperstand' written consent.
- The Customer must co-operate fully with Amperstand if Amperstand decides to recall any stocks of the Product. The Customer must pay all costs and expenses associated with the recall, unless the recall is solely caused by Amperstand.
- Amperstand retains ownership of all Intellectual Property in relation to the Goods and Services provided to or submitted by Amperstand to the Customer, including all artwork, mock ups, prototypes and drawings submitted by Amperstand to the Customer from time to time. "Intellectual Property" means all copyright, design rights, trade mark rights and technical information relating to or vested in any designs, products or other works of any nature which are submitted, prepared and/or procured by Amperstand for or in relation to or as requested by the Customer. Without limiting the foregoing, the Customer acknowledges that it must not without the written consent of Amperstand utilise or commercialise in any way any of the Intellectual Property or sell or distribute any products which are the same or similar to the products, drawings, artwork, samples, mock-ups or prototypes submitted by Amperstand to the Customer.
- The Customer agrees that any artwork, sample, drawing, mock-up, prototype, quotation, order confirmation, prepared or submitted by Amperstand for or in relation to the Customer must be treated by the Customer with the strictest confidence and must not be disclosed to any third party.
- The Customer:
- hereby indemnifies Amperstand (which indemnity continues even after these terms and conditions terminate) against any loss Amperstand incurs at any time due to the Customer having not done what it has agreed to do under these terms and conditions; and
- will, to the extent permitted by law, indemnify and keep indemnified the Amperstand against any claims for loss, damage, cost or expense whether direct, indirect or consequential (including for loss of profits, business or anticipated savings) brought, made or threatened against Amperstand by any third party arising directly or indirectly out of or in respect of the use, custody, purchase or supply of the Goods.
- The materials may contain inaccuracies and typographical errors. Amperstand does not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the site. The Customer acknowledges that any reliance on any such opinion, advice, statement or information shall be at the Customer's sole risk.
- Amperstand reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site and make any other changes to the site, the materials and the products, programs, services or prices (if any) described in the site at any time without notice.
- These terms and conditions shall be governed and interpreted according to the laws of Queensland, Australia and Amperstand and the Customer irrevocably consent and submit to the exclusive jurisdiction of the Courts of Queensland and any courts competent to hear appeals from those courts.
- If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
- Amperstand's failure to enforce any provision of these terms and conditions shall not be considered as a waiver of that provision, nor shall it affect Amperstand's right to enforce that provision at any time.
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