Terms and Conditions
Welcome to Smart Electric
SmartElectric Pty Ltd (ACN [insert if applicable]) of 101 Collins Street, Melbourne, Victoria 3000 supplies heating and cooling and related products throughout Victoria, Australia. These Terms govern all supplies of goods by SmartElectric to the customer. By placing an order, accessing our website, or accepting delivery of goods, you agree to be bound by these Terms. If you do not accept these Terms, you must not place an order or accept delivery. These Terms prevail over any terms contained in your purchase order or other document unless we expressly agree in writing otherwise.
Orders
An order submitted by you constitutes an offer to acquire goods on these Terms. We may accept or reject any order in our absolute discretion. Acceptance occurs only when we issue a written order confirmation or deliver the goods. Once accepted, an order may not be cancelled or varied without our prior written consent, which may be withheld or granted subject to conditions (including payment of cancellation charges). Special-order or custom-manufactured goods are non-cancellable and non-refundable once production or procurement has commenced.
Price
Prices are in Australian dollars (AUD) and inclusive of GST unless stated otherwise. The price payable is the price applicable at the date of order acceptance, subject to correction of manifest error. We reserve the right to vary prices without notice before order acceptance.
Payment
Payment is due in full at the time of order placement unless we have approved a credit account. Where credit is granted, payment is due within 30 days of invoice date or as otherwise agreed in writing. Overdue amounts bear interest at 2% above the rate prescribed under the Penalty Interest Rates Act 1983 (Vic), calculated daily, plus an administration fee of $20 per month or part thereof. We may suspend further deliveries or terminate any credit facility without notice if payment is overdue.
Delivery
Delivery times are estimates only and are not binding. Risk in the goods passes to you on delivery or when the goods are made available for collection. Delivery charges are payable by you unless expressly stated as included. We are not liable for any loss or damage arising from a delay in delivery, however caused. If you fail to take delivery, you will be liable for storage and redelivery costs.
Returns and Refunds
Change-of-mind returns are accepted within 14 days of delivery provided the goods are unused, in original condition and packaging. A restocking fee of 10% of the purchase price applies. Return freight is at your cost. Special-order, custom-manufactured or cut-to-size goods are not returnable for change of mind. Goods that are faulty or not in accordance with the contract may be returned in accordance with your rights under the Australian Consumer Law. Refunds will be processed using the original payment method within 5 business days of acceptance of the return.
Warranties
Goods are supplied with the benefit of the manufacturer’s warranty (details provided at time of sale) and any statutory consumer guarantees under the Australian Consumer Law that cannot be excluded. To the extent permitted by law, all other warranties, representations or conditions (statutory, express or implied) are expressly excluded. Our liability for breach of a consumer guarantee that cannot be excluded is limited, at our option, to replacement, repair or refund of the purchase price.
Limitation of Liability
To the maximum extent permitted by law, we are not liable for any indirect, consequential, special or economic loss (including loss of profit, revenue, goodwill or data), however arising. Our total liability in respect of all claims arising out of or in connection with the supply of goods is limited to the price paid for those goods.
Title and Security
Title to the goods remains with SmartElectric until payment is received in full. Until title passes, you hold the goods as bailee and must store them separately and identify them as our property. Where credit is extended, you grant us a security interest in the goods (and their proceeds) to secure payment. You agree to do all things necessary to enable registration of our interest under the Personal Property Securities Act 2009 (Cth)
Intellectual Property
All intellectual property rights in the goods, website content, marketing materials and documentation remain our property or that of our licensors.
Privacy
We collect, use and disclose personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth).
Force Majeure
We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control.
Termination
We may terminate any order or credit facility immediately by notice if you breach these Terms, become insolvent or commit an act of bankruptcy.
General
These Terms are governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria. If any provision is unenforceable, it will be severed and the remainder will continue in full force. No waiver is effective unless in writing. We may amend these Terms at any time. The version current at the date of your order applies to that order. These Terms constitute the entire agreement between the parties in relation to the supply of goods and supersede all prior representations and agreements.
Thank You for Reviewing our Terms and Conditions
We trust the information provided meets your expectations. If you have any questions or require clarification, please contact our team at (03) 9653 7465 or info@smartelectric.au. Alternatively, visit us at 101 Collins Street, Melbourne VIC 3000. We invite you to proceed with confidence and continue shopping for your heating and cooling needs.
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