In these Terms and Conditions of Sale (“Conditions of Sale”), “we” or “us” means Fermax Australia Pty Limited ABN 96 059 925 692 and “you” means the person, organisation or entity that purchased the products or related services from us.
Please read through these Conditions of Sale carefully as they form the agreement under which we will supply products and services to you. These Conditions of Sale apply to all sales made by us to consumers whether products and services are purchased online, in store or over the telephone.
1.1 You may place an order with us in store, over the telephone or by completing and submitting to us an online order form on our website. We may at our discretion accept or reject an order depending on a variety of factors, such as availability of the ordered products or our ability to validate payment for the products. You must not order products or services from us if you are under eighteen (18) years of age. We may, at our discretion, treat any order by a person under eighteen (18) years old as void.
1.2 Please choose your products carefully. Prices can change and so you should check the latest price on our website or confirm the price with our sales team on the phone before placing your order. It is your responsibility to check the order (including all pricing and product information) before you complete the online checkout process or before you place your in store or telephone order.
1.3 We will let you have an “order reference number” via a confirmation email or over the phone once your checkout process, in store or phone order is complete. Please keep your order reference number safely.
1.4 Once we have given you an order reference number, a binding agreement will come into existence between you and us and only these Conditions of Sale will apply in relation to the supply of the ordered products. Subject to clause 2, no changes to these Conditions of Sale will be effective unless we both agree to the changes in writing. If you wish to cancel your order we ask that you advise us as soon as possible and before your planned delivery date.
2.1 We do our best to keep in stock most products that are quoted or advertised by us. All stock availability as represented on our website or by our sales team is accurate at the time, however, these stock levels are subject to change without notice.
2.2 If, for any reason, we cannot supply a product you have ordered, we will let you know over the phone or contact you using the details provided by you at the checkout process to amend, or put your order on backorder as agreed with you. If you choose to put your order on backorder, we will contact you to arrange for delivery once the product is available.
3. Price and Payment
3.1 The price payable for a product is the one set out on our website or advised by us in a quote or over the phone at the time you place your order. All prices are exclusive of GST unless otherwise noted. Subject to clause 6.4, we make every effort to ensure prices and product information on our website, quotes, catalogues or advertisements are correct and up-to-date. Prices for our products displayed on third party websites may not be correct and we are not bound by them.
3.2 Any supplied quotations will only be valid for a period of 30 days from the date of quotation. All quoted prices may be subjected to variation from currency exchange rates at any point in time.
3.3 We accept payment by American Express, VISA, MasterCard credit cards.
3.4 Your credit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Whilst we employ the latest technology, we will not be responsible for any loss or damage (whether direct or indirect) suffered by you if your credit card is fraudulently used or is used in an unauthorised manner by a third party.
3.5 Your tax invoice will be sent to you when the items you have ordered are delivered. Your tax invoice is your proof of purchase and may be required for any warranty claims.
3.6 Payment claims are made under the Building & Construction Industry Security of Payment Act 1999 NSW
4.1 We deliver to most areas in mainland Australia, including the Sydney, Melbourne, Perth, Brisbane and Gold Coast metropolitan areas.
4.2 You may request a date for delivery and we will do our best to arrange delivery on that date.
4.3 If you need to change a delivery date or the delivery address, please contact our head office at least 48 hours before the scheduled delivery. If you are not available to take delivery, you may be charged a delivery fee for each additional attempt for delivery.
4.4 We may deliver the products via a range of delivery methods. All deliveries must be signed for to complete acceptance. If neither you nor your authorised representative is at the delivery address to take delivery, the courier company will leave a card with instructions on how to proceed next.
5. Title and Risk
5.1 Notwithstanding delivery of the products to you, title in the products will not pass to you until the later of delivery or your payment has been processed or otherwise received by us. If your payment is declined for any reason we reserve the right to reclaim the products from your possession, custody or control even if they have been delivered to you or moved from the delivery address. We reserve the right to keep or sell the products. Risk of loss, damage or deterioration to any products will pass to you on delivery.
5.2 You acknowledge and agree that clause 5.1 creates a purchase money security interest in the products which we are entitled to register as such under the Personal Properties Securities Act 2009 (Cth) (“PPSA”). To the extent permitted under the PPSA, we each agree to contract out of the provisions listed in section 115 of the PPSA. You waive your right to be provided with verification statements under section 157 of the PPSA. We agree that neither of us will disclose to any third person information referred to in section 275(1) of the PPSA and that this is a confidentiality agreement for the purposes of section 275(6) of the PPSA.
6. Warranties and Limitation of Liabilities
6.1 A “FERMACARE” 12 months warranty shall be provided on all equipment. For full details please refer to a copy of our FERMACARE warranty document.
6.2 Subject to this clause 6, and to the extent permitted by law:
(a) we will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, damage to goodwill, loss of data, arising out of or in connection with the products, the services or these Conditions of Sale (including as a result of not being able to use the products or services or the late supply of products or services), or the need to recover, re-program or reproduce any program or data stored in or used with the products purchased from us, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise; and
(b) our total liability arising out of or in connection with the products, the services or these Conditions of Sale, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products and services under these Conditions of Sale.
6.3 Where by law we are unable to exclude terms, guarantees, warranties, representations or conditions but are able to limit them, to the extent permissible by law we limit our liability for any breach, at our option, to the repair or replacement of products, or payment of the cost of repairing or replacing the products or in the case of services, to supplying the services again or the cost of having the services supplied again.
6.4 To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance or offer, invoice or other documents or information issued by us will be subject to correction without any liability on our part.
7. Returns and Exchanges
7.1 If your product is eligible for return pursuant to clause 6, please contact us to arrange for return. A restocking fee to a maximum of 20% shall apply after 14 days from the delivery date.
7.2 You must adequately package any product you are returning to ensure that it is not damaged during return delivery to our warehouse. All original items including original accessories, manuals, and packaging must also be returned and be in resellable condition.
7.3 If you are returning a product in exchange for credit, we will only process the credit once we have received the product at our warehouse, inspected it and assessed whether it is eligible for resale under these Conditions of Sale.
7.4 Any goods returned unsealed will be charged a minimum of $80 for retesting fee in addition to the restocking fee.
7.5 Any goods that fall in the following categories; ‘S’ items, incorrect purchasing, the ordering of wrong products, parts purchased solely for the use of testing, if the customer changes their mind, if products are damaged or returned incomplete will not be eligible for exchange or credit.
7.6 If a credit is to allocated to you it will be added to your account. You must contact us directly to have your credit applied on a new order.
8. Repair of Products
8.1 If you return a product to us for repair (or replacement) and the product is capable of retaining user generated data, the repair (or replacement) of the product may result in the loss of the data.
8.2 Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.
9. Force Majeure
9.1 We will not be liable for any delay or failure to perform our obligations under these Conditions of Sale if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 6 months, we may terminate our agreement with you by giving you 5 business days’ written notice
10.1 These Conditions of Sale form the entire agreement between you and us and, unless expressly agreed to in writing by us no terms or conditions of yours, including any Terms or Conditions printed or referred to in your offer to purchase or order (if any) will be binding on us or have any legal effect.
10.2 We may change any provision in these Conditions of Sale without notice so we advise that, even if you are a frequent purchaser from us, you check these Conditions of Sale whenever you want to purchase products from us. Any change of these Conditions of Sale will only apply to future orders. None of our employees or any third parties have any authority to change these Conditions of Sale.
10.3 We reserve the right to refuse supply of the products or services ordered by you, terminate our contract with you or terminate your account with us, and to remove or edit content on our website at our sole discretion and without incurring any liability to you.
10.4 You must not assign any rights and obligations under these Conditions of Sale whether in whole or in part without our prior written consent.
10.5 Any notice in connection with these Conditions of Sale will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.
10.6 If any provision of these Conditions of Sale is invalid, illegal or unenforceable, these Conditions of Sale take effect (where possible) as if they did not include that provision.
10.8 Any failure by a party to insist upon strict performance by the other of any provision in these Conditions of Sale will not be taken to be a waiver of any existing or future rights in relation to the provision.
10.9 These Conditions of Sale are governed by the laws of New South Wales, Australia. The parties each agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
10.10 No claims regarding any orders will be recognised unless they are made in writing to us within 7 days of receipt of delivery.
If you have any questions or need to contact us for any reason, please do so using online contact form.