TERMS & CONDITIONS
1.1 These terms and conditions apply to all sales of goods (Products) by Swimtek ABN 91 282 581 979 (Seller) to the purchaser of the Products (Customer).
1.2 These terms and conditions can only be waived in writing signed by an authorised officer of Seller and will prevail over all of Customer’s terms and conditions to the extent of any inconsistency.
2.1 All products remain the property of the Seller until full payment has been received from the customer to the Seller.
2.2 If the Seller is unable to provide a product, then the Customer will be refunded the purchase amount at the Customers request subject to Clause 9 of this article.
- Price and payment
3.1 The purchase price for Products sent to Australian delivery addresses (Purchase Price) includes the Goods and Services Tax (GST) and any postage, handling, freight, insurance, customs charges, and other charges affecting the cost of the Product as per the front of the invoice (P&H).
3.2 Customer agrees to pay Seller any expenses (including legal costs) reasonably incurred by or on behalf of Seller in collecting any outstanding debts due by Customer to Seller.
4.1 Any delivery times notified to Customer are estimates only and Seller is not liable for late or non-delivery.
- Title and risk
5.1 The risk of loss or damage to the Product passes to Customer on dispatch of the Product from the Seller’s warehouse for delivery to Customer by post or other means.
5.2 Notwithstanding delivery of the products to Customer, title in the Product will not pass to Customer until the full amount of the Purchase Price is received by Seller and the funds cleared. If Customer’s payment is not received or is declined for any reason, Seller reserves the right to reclaim the Product from Customer’s possession, custody or control at Customer’s cost even if they have been delivered to Customer or moved from the delivery address. Seller reserves the right to keep or sell the Product.
- Customer Satisfaction Guarantee
6.1 Subject to this clause 6 and complying with clause 8, Customer may, if not satisfied with the Product for any reason, return the Product to Seller within 30 days of the date of invoice.
This satisfaction guarantee does not apply to a Product damaged by abuse, improper or abnormal usage by Customer or a third party, or a Product damaged by a repair provided by a person not authorised by Seller. No refund will be payable to Customer until Seller has inspected the returned Product and determined that the terms of this guarantee have been satisfied.
6.2 No refund will be payable if the Product is not and must be in the original condition as at the point of dispatch from the Seller.
- Damaged Products
7.1 Customer must inspect the Product on delivery and be satisfied that the Product is not damaged. If the Product is damaged, Customer must notify Seller within 48 hours of receiving delivery and must provide evidence of the damage, such as by way of photographs.
7.2 Seller does not accept liability for Products lost or damaged in the mail or by Customer.
7.3 Customer must comply with the requirements of clause 8 when returning any damaged Product.
- Return of Products
8.1 Any return of Products under clauses 6 or 7 must be in accordance with the terms of this clause 8.
8.2 Customer must contact Seller’s in writing by way of the Contact Form situated on the website swimtek.com.au. Seller will give Customer an address for return of the Product.
8.3 Customer must return the Product in its original packaging, with all original accessories and contents, by registered post to Seller within 30 days of the date of invoice to obtain a refund or, in the case of damaged Products, a replacement Product.
8.4 Refunds and returns or replacements do not include postage and/or handling charges and all such charges are at Customer’s cost unless we otherwise agree in writing. Seller reserves the right to refuse to accept any returned Products marked “Cash or cheque on delivery” or “More to pay”.
8.5 Except where required by law or in accordance with this clause, Seller is not obliged to accept any return of Products. If Seller does not accept the return of the Product, Seller will contact Customer in writing.
8.6 Nothing in this clause affects those rights of Seller under the Australian Consumer Law which may not be excluded or varied by agreement.
- Limitation of liability
9.1 To the maximum extent permitted by law, all terms, guarantees, warranties, representations, or conditions which are not expressly stated in these Terms and Conditions or in a written warranty from Seller are excluded. If Seller is liable for breach of an imposed term, guarantee, warranty, representation or condition, Seller’s liability is, at Seller’s option, to the extent permitted by law, limited to:
(a) the replacement of the Products or the supply of equivalent products;
(b) the repair of the Products;
(c) the payment of the cost of replacing the Products or acquiring equivalent products; or
(d) the payment of the cost of having the Products repaired.
9.2 To the maximum extent permitted by law, Seller is not liable for any special, indirect or consequential loss or damage, loss of profit or opportunity and loss of data arising out of or in connection with the Products, including as a result of not being able to use the Products or the late or non-supply of Products, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise and whether or not Seller was aware that such loss or damage may occur.
9.3 To the maximum extent permitted by law, Seller is not liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, professional treatment, remedial treatment, physical injury, or physical disability as a result of using the Seller's products.