All orders for products will be accepted by Modtronics subject to these terms and conditions. Any person, entity or corporation placing orders for goods/products with Modtronics is bound by these terms and conditions.
No other terms or conditions will apply to the supply of products by Modtronics, unless they are accepted in writing by Modtronics.
Whilst Modtronics will try to maintain prices specified in the website and catalogue, Modtronics reserves the right to change the price of any product without notice. Items will be sold at the prices set out in the relevant quotations supplied by Modtronics. Any prices provided in a written quotation by Modtronics will be for a period of 30 days from the date on the quotation. All prices specified by Modtronics in the website and catalogue exclude goods and services tax (GST). As Modtronics turnover fits under the ATO threshold for GST, GST is not charged on any goods or services on the Modtrincs website and thus a tax invoice will not be issued for your purchase. Goods exported by Modtronics are exempt from GST.
For all website transactions PayPal is the only accepted form of payment. Full payment for the order must be received by Modtronics prior to the order being shipped.
Modtronics is constantly reviewing its product range and it reserves the right to discontinue any product or to change its design at any time. Modtronics will not be liable in any circumstances for a failure to supply any product ordered by the Customer. Specification and particulars in relation to products referred to on the Modtronics website are subject to change without prior notice. Some photographs contain samples units and shipment product may vary in colour and look. Modtronics will not be held liable for any errors or omissions.
Modtronics reserves the right to decline to trade with any company or person. Modtronics will use reasonable endeavours to meet delivery estimates, provided on its website, but in no circumstances shall it be liable to compensate the Customer for non-delivery or late delivery. Orders can only be modified, suspended or cancelled after prior negotiation and agreement (and at Modtronics sole discretion) and the Customer must indemnify Modtronics in respect of any expenses incurred by Modtronics relating to the modification or cancellation of any order.
Products not shown on our Website and Catalogue and ordered as part of a custom order are not stocked by Modtronics and may have minimum order quantities or minimum line values applied to such orders. Such items are intent items and require an irrevocable order. In an effort to provide prompt shipping and dispatch, products not in stock are generally not placed on backorder. However, unforseen website errors this may occasionally happen in which case the customer will be notified and the items delivered as soon as possible. Customers are responsible at their expense for obtaining any licence and complying with any export regulations in force within Australia (and its territories) and the country for which products are destined. All taxes and clearance charges imposed by customs or government officials of that country will be paid by the customer. Customers are fully responsible for ensuring the products they order comply with the applicable laws in their destination country.
SHIPPING & HANDLING
Modtronics reserves the right to charge freight and handling cost to the Customer unless other arrangements have been pre-arranged. This price will be quoted on the Modtronics website prior to the placement of any order. Modtronics uses its preferred carriers unless specifically requested by the Customer and agreed to by Modtronics.
DEFECTS AND NON-DELIVERY
The Customer must inspect the products on receipt of goods. Modtronics shall not be liable for any defect in the products or shortages in delivery unless written notice is given to Modtronics within 7 days of delivery. In the case of non-delivery, the Customer must notify Modtronics immediately the invoice is received, otherwise no liability can be accepted. Any liability of Modtronics for non-delivery or defective products shall be limited to, and solely at Modtronics’ discretion, replacing or repairing the products within a reasonable time or to refund any monies already paid in respect to the products. The Customer accepts liability for all freight costs incurred in the return of products to our office. This includes warranty repair or replacement of faulty goods without exception.
RETURNS & REPAIRS
The Customer must contact Modtronics prior to returning any products. A Return Authorisation will be issued in approved cases and details including the original invoice number and date of purchase must be supplied by the Customer. Any product returned must be received by Modtronics within 14 days of the original delivery and must be undamaged and unaltered and in original packaging. Certain products (including software, books, and batteries) are excluded from the right of return and may not be returned under any circumstances. Products classified as static sensitive devices will only be accepted for return only in exceptional circumstances and only where the Customer can prove to Modtronics that the products have been handled correctly. The Customer accepts liability for all freight costs incurred in the return of products including warranty repair or replacement of faulty goods without exception and a restocking fee of 15% may apply.
TRANSFER OF TITLE
Title of goods shall only pass to the buyer following full payment of the relevant Modtronics invoice. Modtronics will not ship any goods until full payment has been received.
Modtronics will endeavour to transfer to the Customer the benefits of any warranty or guarantee given to it by the manufacturer of any good or products Modtronics on-sells. Any defects which under proper use, appear in the goods within a period of one months (unless otherwise stated by Modtronics) and which are due to faulty materials, workmanship or design will be made good by Modtronics either by repair or at Modtronics’ discretion replacement (which is Modtronics’ sole obligation and the Customer’s sole remedy under this provision). Modtronics shall not be liable for defective goods if the defect arises because the Customer has:
1. Repaired or altered the goods without written consent of Modtronics’ authorised officers or
2. Subjected the goods to conditions outside the manufacturer’s stated instructions on storage, usage, installation, use or maintenance. Any goods replaced or repaired under this clause will be guaranteed on these terms for any unexpired portion of the warranty period given on the original products.
The customer, without exception, will be liable for any shipping costs incurred under this provision in returning the faulty products to Modtronics for inspection, prior to repair or replacement.
Modtronics shall not be liable to the Customer for any indirect or consequential damages, loss, expense or claims for consequential compensation whatsoever, which arises out of, or in connection with, any Contract, goods, products or services purchased, procured or otherwise obtained from Modtronics. To the fullest extent permitted by law, the Customer releases Modtronics and associated entities from and against all liability whatsoever for any injury, loss or damage sustained by the buyer howsoever arising from any good, product or service delivered, made or on-soled by Modtronics.
INTELLECTUAL PROPERTY RIGHTS
Any claim from the sale which may allege infringement of trade marks, trade names, patents, copy or property rights of other parties, shall be directed immediately by the buyer to Modtronics and the buyer will give every assistance to Modtronics in connection with such claim. The buyer will not itself, deal with, or compromise any claim which may occur.
Modtronics will not be in breach of its contact with the customer for any delays in performing, or failure to perform, its obligations under these terms and conditions if delays or failure were due to any cause or circumstance beyond Modtronics’ reasonable control (which shall include, but not be limited to: government actions, war, fire, explosion, flood, acts of terrorism, import or export regulations or embargoes, labour disputes or the inability to obtain or a delay in obtaining supplies of products). Modtronics may, as its option delay the performance of, or cancel the whole or any part of a Contract.
This agreement shall be governed by the laws of Australia and its Territories. The parties to submit all disputes to the exclusive jurisdiction of the courts of Australia.