STANDARD TERMS AND CONDITIONS OF SALE
1.1 “Us”, ”our” and “we” and similar words used in this agreement means APAC Distribution Pty Ltd A.C.N. 164 759 871.
1.2 “You” and “your” and similar words used in these terms means the person, persons or entity identified on the Order that is not us.
2.1 Any advertisement of the Goods, including pricing or quotations for pricing or supply, constitutes an invitation to treat only.
2.2 The Order and these terms together constitute an offer by you to us to provide you with goods as described in the Order (“Goods”) in accordance with these terms.
2.3 Acceptance by us of your Order or our communication to you confirming that your Order has been accepted will constitute your agreement as to the contents of these terms.
3. Payment Terms and Title
3.1 All our prices, unless otherwise stated, are inclusive of Goods and Services Tax.
3.2 If you are paying in advance, payment is due immediately upon our receipt of your completed Order. Our obligation to supply you with the Goods remains conditional upon receipt of the whole of that payment.
3.3 If you are paying a deposit for your order then:
(a) The deposit is payable immediately upon our receipt of your Order; and
(b) The balance payable is due upon us providing you with written notification that the Goods are ready for shipping; and
(c) Our obligation to supply the Goods remains conditional upon receipt of the balance outstanding in relation to your order.
3.4 You agree that no title in the Goods shall pass until you have made all payments due under this Agreement and until that time, if you have received any Goods, you hold them on trust for us and in a fiduciary capacity ending only when payment has been made in full for the Goods.
4. Shipping and delivery
4.1 While we use best endeavours to ensure that shipping occurs within a reasonable period of time and close to the estimated shipping time, we do not provide any warranty or representation as to the time for delivery of the Goods where the shipping is being performed by a third party shipping company and the delay arises for a reason outside of our control.
4.2 You acknowledge and agree that we are not responsible for any damage which occurs to the Goods during shipping and that you have been offered the opportunity to purchase your own insurance coverage for this risk.
4.3 In The event that you nominate delivery to be made in your absence, for example having the Goods left outside your premises, in a carport or other area, you accept full responsibility for any damage or theft which may occur as a result of that direction.
4.4 In the event that any delivery or shipping to you cannot be completed and the Goods are returned to us, you agree to pay for any storage costs we reasonably incurred in our storing the Goods until delivery occurs.
5. Refunds, Licensing and Registration
5.1 If for any reason you are dissatisfied with the Goods supplied to you please contact us and provide details of your concern. In the event you wish to return the Goods you agree to pay shipping costs to return the Goods to us in the first instance.
5.2 We are not required to provide a refund or replacement if you change your mind. But you can choose a refund or exchange if an item has a major problem. This is when the item:
• has a problem that would have stopped someone from buying the item if they had known about it;
• is unsafe;
• is significantly different from the sample or description; or
• doesn’t do what we said it would, or what you asked for and can’t be easily fixed.
Alternatively, you can choose to keep the item and we will compensate you for any drop in value. If the problem is not major, we will repair the item within a reasonable time. If it is not repaired in a reasonable time you can choose a refund or replacement. Please keep your proof of purchase – e.g. your receipt.
5.3 In the event that any licensing or registration is required by any Government authority or agency, you agree that you will take all steps to procure such license or registration prior to using the Goods. You further agree to use the Goods in accordance with all applicable local laws, rules and regulations.
6.1 All products provided by us come with a 12 month parts and labour warranty at a service centre within your state or territory. You can claim on your warranty by notifying us by email of the nature of the issue. We will identify your nearest service centre and advise them of the issue. Upon our confirmation, you should then take your product to the service centre for repair or parts replacement.
6.2 You acknowledge and agree that the Goods delivered to you may differ in colour and appearance from the advertising and photographs you have seen in relation to the Goods.
6.3 You acknowledge and agree that part of the Goods may include batteries which may have a reduced capacity over time depending upon the care and use of the batteries as an inherent feature of the battery.
6.4 You acknowledge that the Goods must be cleaned and properly maintained following each use strictly in accordance with the manufacturer’s recommendations to prevent premature discolouration and degradation of any operational parts of the Goods. You further acknowledge that any operating parts (such as electronics or moving parts) will be regularly serviced by an approved technician. We will not accept responsibility for any damage or degradation to the Goods arising from your failure to maintain or service the Goods.
6.5 You acknowledge that the Goods are not to be used for racing or in shallow water or in close proximity to other persons or watercraft and are never to be used in enclosed waterways such as a pool. The use of the Goods in such environments may be unsafe damage to the Goods for which we will not accept responsibility and lead to as well of a risk of personal injury or death.
6.6 You may be entitled to the benefit of statutory warranties and Consumer Guarantees under the Australian Consumer Law in relation to the supply of the Goods which may not be excluded under this Agreement and no part of this agreement is intended to derogate from any condition, warranty or guarantee that you are entitled to under the Australian Consumer Law save that our sole liability in respect of any breach of a condition, warranty or guarantee under the Australian Consumer Law is limited to the replacement of the Goods, the supply of equivalent Goods, payment of the cost of replacing the Goods or acquiring equivalent Goods, or the repair of the Goods or the payment of the cost of having the Goods repaired.
6.7 To the extent permitted at law, all conditions, warranties, representations and promises concerning the quality and/or fitness for use of the Goods are hereby excluded to the furthest extent permitted at law.
7. Reverse engineering and resale prohibited
7.1 You agree not to permit, and not to procure, any form of reverse engineering or deconstruction of the Goods or to attempt to make any modification to the Goods in any way.
7.2 You acknowledge that we may have the exclusive distribution rights in relation to the Goods in Australia and you agree that you will not advertise the Goods for resale to any third party at a wholesale or retail level or to sell the Goods at the wholesale or retail level or take any other step to circumvent our exclusive rights in relation to the sale of the Goods.
7.3 You agree that any proposed or actual resale by you in breach of 7.2 above is a breach of this Agreement for which damages will be an inadequate remedy.
8. Use of the Goods, Indemnity and Release
8.1 THE USE OF WATERCRAFT IS AN INHERENTLY RISKY ACTIVITY AND YOU HEREBY ACKNOWLEDGE AND UNDERSTAND THAT THE USE OF THE GOODS IN A WATERWAY, EITHER PROPERLY OR IMPROPERLY, CARRIES WITH IT A REAL RISK OF PERSONAL INJURY OR DEATH. YOU MUST ENSURE THAT ALL USE OF THE GOODS EITHER BY YOU OR BY ANY PERSON YOU PERMIT TO USE THE GOODS (WHETHER UNDER A RENTAL AGREEMENT OR OTHERWISE) IS CONDUCTED IN A SUPERVISED, SAFE AND SENSIBLE MANNER AND IN ACCORDANCE WITH ALL APPLICABLE LOCAL LAWS, RULES AND REGULATIONS.
8.2 In the event that you intend to make the Goods available for rental you must not do so without procuring an appropriate insurance policy providing coverage for any injury occurring to any person arising from their use of the Goods.
8.3 You hereby release, hold us harmless and indemnify us in relation to any claim made against us in respect of loss or damage (including for personal injury or death) howsoever arising in connection with your use or the use by any other person (whether under hire or rental agreement or not) of the Goods.
8.4 The above indemnity extends to legal costs we incur in any action require by us against you to enforce Our rights, including any legal costs incurred in relation to any breach of this agreement.
8.5 We will not be liable to you for any consequential loss, loss of profit, loss of opportunity or loss of chance you suffer from a breach of this agreement or arising from your use or misuse of the Goods (or the use or misuse of the Goods by a person who has rented or hired the Goods from you).
9. Outstanding amounts
9.1 We may recover from you, as a debt due, any amount due any payable under these terms and you agree to pay interest compounding monthly on any sum due to us from time to time at the rate of 2% per month compounding.
11. No Waiver
11.1 To the extent that we do not enforce any right we may have under this agreement, such action will not constitute a waiver of that right.
12.1 To the extent that any part of these terms is found to be unenforceable by operation of law or otherwise invalid, that part only is to be severed from this agreement and the balance of the agreement will stand.
13. Whole agreement/Legal advice
13.1 You confirm that you have been provided with the opportunity to negotiate the terms of this agreement and have had the opportunity to obtain your own legal advice in respect of the effect of this agreement.
13.2 This document and your acceptance of same constitutes the whole of the agreement between the parties and may only be varied in writing signed by both parties.
13.3 You warrant that you have not entered into this agreement on the basis of any representation made by us not recorded in this agreement.
14.1 You agree that any communications with our office concerning your experience with the Goods, including any issues raised concerning quality or fitness for purpose of the Goods is to be treated with the utmost confidentiality and you agree not to place any negative comments or reviews of the Goods online without first contacting us in writing and providing us with an opportunity to respond to your concerns.
14.2 You agree that a breach of this clause would cause irreparable harm to us and that this clause does not constitute a penalty.
15.1 The parties agree to accept service of any written notice, including payment claims, payment schedules, court processes or other documents by post, facsimile or email if an address, facsimile or email address is provided in the Purchase Order.
15.2 The parties agree that an email which includes a working link to a third party document storage/delivery service (such as DropBox) will constitute valid service of the documents available from the download link within the email.
16. Dispute resolution
16.1 Any dispute or difference whatsoever arising out of or in connection with this contract shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation Rules.
16.2 The parties to this agreement agree that the laws of New South Wales shall govern this agreement and the courts of that State shall have non-exclusive jurisdiction over any dispute arising from this agreement.
16.3 Nothing in this clause prevents either party from seeking urgent interlocutory relief from a court of competent jurisdiction.
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2. The privacy of your personal information is important to us at APAC Distribution Pty Ltd (APAC Distribution, we or us). We respect your rights to privacy and rights under the Privacy Act 1988 (Cth) (Privacy Act) and are committed to complying with the Privacy Act’s requirements for the collection and handling of your personal information.
4. Personal information is any information that can be used to identify you, including your name, address, telephone number and email address.
5. This policy explains how we collect and handle your personal information and describes the kinds of personal information we collect, use and disclose and our purposes for doing so.
How we collect personal information
7. We collect your personal information reasonably required for our business operations. This information is collected:
(a) When you contact us;
(b) When you place an order, either through our website(s) or via telephone or written order; and
(c) When you are using our website(s).
8. The information we collect when you place an order with us may include your name, postal or delivery address, billing address, date of birth, phone number, payment information such as credit card or banking details and your email address.
9. We also collect information from your computer automatically when you browse our website(s). This information includes the date and time of your visit, the server your computer is accessing our website(s) through, your browser, the last site you have visited, the pages of our website(s) you access and your IP address. An IP address is a number automatically assigned to your computer and which is required when you are using the internet. It may disclose the area in which you are located.
10. We may be able to identify you from information collected automatically from your visit(s) to our website(s).
11. We may use a statistical analytics software tool such as Google Analytics and software known as cookies which transmit data to Google servers located in the United States of America. Google Analytics does not identify individual users or associate your IP address with any other data held by Google.
How we store data and transmit personal information including overseas
13. We collect and store information electronically using our own and third-party servers including our website hosts, data backups and payment gateway(s), which may be located overseas.
14. Many of our products are made overseas and in certain circumstances, we may be required to disclose your personal information to one of our suppliers, for example, if we are arranging to ship an item directly to you from overseas.
Why we collect your personal information
15. The purposes for which we collect and hold your personal information include:
(a) To process and deliver your order;
(b) To provide you with aftermarket services, such as repairs, addressing warranty claims, refund requests, and similar matters;
(c) To manage orders and visits made to our website(s) operated in conjunction with our business, including analysing data collected from our website(s) concerning site visits and purchases. This helps us run our website(s) more efficiently and give you a better experience online. We use information from Google Analytics to help further improve your experience in using our website(s);
(d) To create backups of our business records; and
(e) For direct marketing purposes, including to advise you about new, existing and upcoming products, services or offers that we feel you may be interested in. We will ensure that any e-mail marketing you are sent contains an ‘unsubscribe’ option so that you can remove yourself from any further marketing. Alternatively, you can call or write to us to request that you be removed from our marketing list. Our mailing list may be operated by software and servers located overseas and as such your personal information may be sent overseas as part of our marketing.
How we disclose personal information
16. We will not use your personal information for a purpose other than those set out above without your further consent. We will not sell, trade or rent your personal information to any third parties for marketing purposes without your consent.
17. We will disclose your personal information if we are required to do so under law or if the disclosure is made in connection with an insurance or warranty claim or for the resolution of any dispute that arises between you and us. This disclosure may involve your personal information being disclosed overseas.
18. If you wish to access, correct or have deleted the personal information we hold about you, or make a complaint, please contact us in writing: Privacy Officer, APAC Distribution, Suite 261, 79 Longueville Road, Lane Cove NSW 2066 Australia and by email to firstname.lastname@example.org.
19. Please note that in order to disclose, update or delete information about you, we will require you to provide us with sufficient comfort as to your identity. We may also (depending on the request) charge you a fee to provide this service, which we will inform you of at the time. All requests for personal information will be handled in a reasonable period of time.
20. This policy may be updated from time to time and the most up to date version will be located at www.apacdistribution.com.
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This website is owned and operated in Australia by APAC Distribution Pty Ltd.
These Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us at email@example.com.
If you continue to browse and use this Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.
The information contained in this Site is for general information purposes only. While we endeavour to keep the information up to date and correct, we can make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the Site for any purpose.
1.1. Any reliance you place on the information is at your own risk. Before acting on any information, we recommend that you consider whether it is appropriate for your circumstances and make your own enquires to determine if the information, products or services are appropriate for your intended use.
2. Licence to use Site
2.1. We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with these Terms.
2.2. You may access and use the Site in the normal manner and may also print copies of any page within the Site for your own personal, non-commercial use. You may copy extracts only to individual third parties for their personal use, but only if you acknowledge the Site as the source of the material. Any redistribution or reproduction of part or all of the contents in any form is prohibited unless expressly allowed by these Terms.
2.3. You may not, except with our express written permission, distribute or commercially exploit the content of this Site. You may not transmit it or store it on any other website or other form of electronic retrieval system.
2.4. You must not use or add any content to the Site:
a. unless you hold all necessary rights, licences and consents to do so;
b. that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
c. that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
d. that would bring us, or the Site, into disrepute; or
e. that infringes the intellectual property or other rights of any person.
2.5. The Site may contain links to other websites as well as content added by people other than us. We have no control over the nature, content and availability of those websites or external content. We do not endorse, recommend, sponsor or approve any such user generated content, the views expressed within that content and any content available on any linked website.
2.6. You acknowledge and agree that:
a. we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and
b. the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
3. Intellectual property rights
3.1. Nothing in these Terms constitute a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.
3.2. Our Site contains material which is owned by or licensed to us and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance, layout and look of our Site. We own the copyright that subsists in all creative and literary works displayed on the Site.
3.3. By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
3.4. You consent to any act or omission that would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
3.5. The licence in paragraph (3.3) will survive any termination of these Terms.
3.6. You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in paragraphs (3.2) and (3.3).
4.1. You represent and warrant to us that you have had sufficient opportunity to access and comply with these Terms and that you have the legal capacity to enter these Terms. If you do not agree with these Terms please do not use this Site.
5.1. To the full extent permitted by law, we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits or data, suffered by you or any third party, or claims made against you or any third party which result from any use or access of, or any inability to use or access the Site.
5.2. To the full extent permitted by law, we exclude all representations, warranties, guarantees or terms (whether express or implied) other than those expressly set out in these Terms.
5.3. These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. Every effort is made to keep the Site up and running smoothly. We take no responsibility for, and will not be liable for, the Site being temporarily unavailable due to technical issues beyond our control.
6.1. You may only use this Site if you agree to indemnify and hold us (and our officers, directors, employees and agents) harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to your use of this Site.
6.2. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
7.1. This information and Terms may be amended without notice from time to time in our sole discretion. Your use of the Site following the amendments indicates that you accept the amendments. You should check these Terms from time to time to review any changes.
8. Breach of these terms
8.1. You may only use this Site for a lawful purpose and in a manner consistent with the provisions set out in these Terms. You must not use this Site if you think the exclusions and limitations of liability set out in these Terms are unreasonable. We reserve the right to takedown content and information found to be in breach of copyright, or which in our reasonable opinion is deemed illegal and/or inappropriate. If you breach the Terms, we reserve the right to block you from the Site, bring court proceedings against you and to enforce our rights against you. All rights not expressly granted in the Terms are reserved.
9.1. Competitors are prohibited from using the content or information on our Site for the purpose of competing with our business. If you breach this provision, we will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from the prohibited use. We reserve the right, in our sole discretion to exclude any person from using our Site.
10.1. If any clause or provision of these Terms is found to be illegal, invalid or unenforceable by a court of law, then the clause or provision will not apply in that jurisdiction and is deemed not to have been included in the Terms in that jurisdiction. This will not affect the remaining provisions, which continue in full effect.
11.1. By accepting these Terms you agree to use your best endeavours to use negotiation and mediation to resolve disputes arising from or in connection with these Terms. Please notify us in writing of any dispute you may have.
12.1. These Terms terminate automatically if, for any reason, we cease to operate the Site.
12.2. We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.
13.1. Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
14.1. These Terms are governed by the laws of New South Wales and each party submits to the jurisdiction of the courts of New South Wales.
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