INTRODUCTION AND GOVERNING LAW
These are the Terms & Conditions of Sale applicable to on-line purchases from Spacewriter Australia’s online ordering system ("SPACEWRITER"). This online ordering system is dedicated exclusively for the use of approved clients, affiliates and end user clients (“client”) of SPACEWRITER. These conditions should be read in conjunction with any specific SPACEWRITER website Terms of Use. These terms and the laws of Queensland, Australia, apply to all transactions for the purchase of SPACEWRITER products ("Products") from SPACEWRITER through its web site at www.spacewriter.com.au and any associated web pages or sub-sites (the "Site"). These terms represent the complete Agreement between SPACEWRITER and the client covering the sale of Products from this Site. Except for terms implied by applicable legislation, SPACEWRITER does not offer or agree to any conditions, warranties, guarantees or representations relating to the quality, description or performance characteristics of the Products other than those set out in these terms. The Client's completion of the Checkout form on this Site will constitute an offer to the Client to purchase Products (the "Order"). All Orders are subject to acceptance by SPACEWRITER.
PRICES
The prices to be paid by the Client for all Products will be SPACEWRITER's current selling price on the date of receipt by SPACEWRITER of the Order, less any applicable discounts in effect at that time. All Orders will attract a delivery charge as set out on the Delivery Charges page of the Checkout.
SPACEWRITER will not be responsible for errors in pricing that appear on the Site. SPACEWRITER will notify a Client in the event of a pricing error on the Site before an Order is delivered. And the Client will have the opportunity to cancel its Order within a reasonable time.
SPACEWRITER reserves the right to change its prices from time to time without prior notice to the Client. All prices in this website exclude Australian Goods and Services Tax (GST). The GST payable by the Client will be shown on the checkout form and on the invoice, which SPACEWRITER will send to the Client. Delivery charges to the nominated address will be advised to the Client on the delivery screen and Order confirmation pages of the Site.
STOCK AVAILABILITY
If a Product is "out of stock" when SPACEWRITER processes an Order, SPACEWRITER will contact the Client to discuss revised delivery times or refund options.
ORDER DELIVERY AND CANCELLATION
All Orders by the Client under this Agreement must be placed via the forms provided on this Site and must specify the information requested, including (but without limitation):
(a) Quantity and description of Products.
(b) The full street address to which the Product is to be delivered
(c) Current billing address for invoices and statements.
The Client must complete all information requested on the Order form before the Order is processed by SPACEWRITER.
SPACEWRITER will not accept orders;
(a) If the Client does not offer to pay by one of the credit cards listed in this website; or
(b) If the Client's credit card provider does not confirm the payment; or
(c) If the Client’s credit account is on Stop credit or has no available credit
SPACEWRITER will send the Client an e-mail acknowledging the Products ordered as soon as possible after the Client places an Order. If SPACEWRITER does not accept the Client's Order for any reason, it will inform the Client by email in the same manner.
DELIVERY
Delivery of all in-stock Product will occur between 1-5 business days after acceptance of an Order. A Client can arrange to collect orders from SPACEWRITER’s Queensland premises in-person, otherwise SPACEWRITER will ship all orders via SPACEWRITER’s designated courier service. SPACEWRITER will use its best endeavours to deliver the Products to the place of delivery specified by the Customer within the delivery timeframe but in no event will it be liable for any loss or damage suffered by the Customer as a result of the Products being delivered after the proposed date.
The Client must allow SPACEWRITER or its delivery agent free access to the place of delivery at all reasonable times in order to effect delivery of the Products. SPACEWRITER will freight the Products to the place of delivery as specified by the Client.
The Client acknowledges that SPACEWRITER may, from time to time, be subject to production, delivery or other unforeseen delays and that SPACEWRITER may allocate distribution of Products ordered among its customers at its sole discretion. Risk in the Products passes to the Client upon collection by or delivery to the carrier at SPACEWRITER’s premises and the Client must insure the Products at its own expense and maintain such insurance until title passes to the Client. If a Client's Order has not been delivered within a reasonable time, the Client should contact SPACEWRITER at: admin@spacewriter.com.au SPACEWRITER reserves the right to make partial delivery of an Order.
PAYMENT
Payment for Products purchased from SPACEWRITER via the Site can be made by VISA or MasterCard credit cards or by credit account if applicable.
SPACEWRITER will verify the credit card or credit account information submitted by the Client and will advise the Client that its Order has been accepted. The Client agrees to submit to SPACEWRITER such information as may be reasonably requested by SPACEWRITER for the authorization and verification of its credit card purchases. SPACEWRITER reserves the right to exercise its lawful remedies if a dispute arises over payment through the Client's credit card provider. In particular, but without limitation, if the Client's credit card provider rejects a payment when due, SPACEWRITER at its discretion may delay or cancel delivery of Orders placed by the Client. SPACEWRITER may also offset and deduct from any refund due to the Client all sums owed by the Client to SPACEWRITER. If the Client's account is placed in collection, SPACEWRITER will be entitled to claim all reasonable expenses for collection, including legal fees incurred in connection therewith. Title in the Products (both legal and beneficial) remains with SPACEWRITER notwithstanding delivery to the Client or SPACEWRITER’s carrier until SPACEWRITER receives payment in full of all money owing by the Client to SPACEWRITER (whether in respect of money payable under the invoice for this order, another invoice or specific contract or any other account whatsoever). If the balance of this clause is held to be unenforceable or ineffective for any reason, the Client agrees that title in the Products does not pass until SPACEWRITER has received payment in full for those Products that are subject of this order. Until title passes to the Client, the Client must by separate storage or some other means, ensure that the Products are readily identifiable as the property of SPACEWRITER and must keep the Products as bailee for and on behalf of SPACEWRITER. If payment is not made within 3 days of final demand in writing made by SPACEWRITER, the Client irrevocably authorises SPACEWRITER without prejudice to any other remedies SPACEWRITER may have, to enter the premises where the Products are stored and re-take possession of the Products.
Notwithstanding the above, before SPACEWRITER has received full payment for the Products, a reseller will be entitled to offer for sale the Products in the ordinary course and SPACEWRITER will be legally and beneficially entitled to the proceeds of any such sale to the extent of any payment due to SPACEWRITER and the Client must keep the proceeds of any such sale separate from its own moneys and account to SPACEWRITER for such proceeds and SPACEWRITER will have the right to trace the proceeds according to the rules of common law and equity. A like right will apply where the Client uses the Products in any way so as to be entitled to payment from a third party.
CANCELLING AN ORDER
If the Client wishes to cancel an Order prior to shipment, the Client must contact SPACEWRITER Customer Service immediately on 07 5544 6727 and or e-mail admin@spacewriter.com.au. SPACEWRITER will endeavour to accommodate the Client's request, if the merchandise has not already shipped. If the Client's entire order is cancelled prior to shipment SPACEWRITER will apply a credit to the Client's credit account or credit card whichever is applicable and may also apply a cancellation fee at its discretion. If an Order has already shipped SPACEWRITER's normal returns and exchanges procedure will apply.
DELIVERY SERVICE
SPACEWRITER will arrange delivery of all Products to the Customer using its nominated freight carriers. A Client must not arrange its own courier to collect the Products from SPACEWRITER.
RETURNS FOR CREDIT
No Products will be accepted for return without a Return Material Authorization (RMA) Number and without the original packaging being unopened and undamaged. A full credit will be allowed on Product returned within 7 days of invoice. Product returned after 7 days and up to 30 days after invoice will incur a handling charge of 10% of the selling price. A credit will not be allowed on Product returned after 30 days from invoice. Product returned for credit must be freight paid to the SPACEWRITER office specified by a SPACEWRITER Returns officer at time of requesting the return, and invoice number, date and reason for return must be supplied.
INCORRECT ORDERING OF CONSUMABLES
If the Client incorrectly orders a consumable, it may be returned to SPACEWRITER within 7 days of receipt and may purchase a replacement item from the SPACEWRITER website. Once SPACEWRITER receives the original consumable, it will issue a credit against the Client's credit account or nominated credit card, provided that the returned Product is in new condition with its original packaging unopened. Before returning an incorrect consumable, the Client must obtain from SPACEWRITER a Return Material Authorization (RMA) Number and return instructions. The Client must return the consumable to SPACEWRITER, freight paid within seven (7) days of receiving the RMA Number.
INCORRECT SUPPLY OF ORDER
If due to a warehouse or other error on the part of SPACEWRITER, the Client receives a Product which does not conform to its Order, the Client must contact SPACEWRITER within 7 days of receipt of the Product and may purchase a replacement Product from the Site, after returning the original Product to SPACEWRITER, provided that the returned Product is in new condition with its original packaging unopened.
Before returning a Product, the Client must obtain from SPACEWRITER a Return Material Authorization (RMA) Number and return instructions.
AMENDMENT OF TERMS AND CONDITIONS
SPACEWRITER may revise these terms and conditions from time to time. Clients should therefore periodically visit this page to view any such revisions.
SPACEWRITER PRODUCT WARRANTY
SPACEWRITER Products come with a 12 month return to manufacturer warranty. Additional Extended warranties can be purchased with products at the time of placing an order.
Subject to the conditions below, Products are expressly warranted by SPACEWRITER against defects in materials and workmanship for a period of 12 months from the date of the original sale recorded on this website.
The warranty is in addition to other warranties expressed or implied under the Trade Practices Act (1974). The warranty applies only to SPACEWRITER Products and applies only to the original purchase from this Site and only if such original purchase by the Client was made in Australia.
SPACEWRITER Products carry an official SPACEWRITER Product serial number (other than consumables). The warranty shall not cover damage, malfunction or failure resulting from accident, misuse or misapplication, improper or unauthorised repair, neglect, modification of use of unauthorised replacement parts or accessories, operation of the unit beyond its technical and environmental specifications, software or interfacing supplied by the customer, or improper voltage. The warranty shall be void if the rating label or serial number is removed or altered.
SPACEWRITER will not accept or have any other responsibility or liability whatsoever for or in relation to the Product including liability for negligence or liability for incidental, consequential, indirect or special damages, including without limitation, loss of actual or anticipated revenue or loss of data or for date being rendered inaccurate.
For all Product warranty enquiries please phone SPACEWRITER customer service on 07-5544-6727
(+61 Australia if calling from outside Australia)
NON - SPACEWRITER PRODUCT WARRANTY
Non-SPACEWRITER manufactured product will be covered by that specific manufacturer's warranty, terms and conditions. Please refer to the manufacturer's website for their specific warranty conditions. |
