EMUWWING TERMS & CONDITIONS OF TRADE
1. All claims made to Emu Wing must be accompanied with a Copy of the Original invoice within 14 days of receiving the EmuWing.
2. All repairs affected without Emu Wing’s written consent will be the responsibility of the customer.
3. Warranty is void if parts are tampered with. Parts returned under warranty must be complete and as sold.
4. Freight costs incurred as a result of faulty parts will be covered at Emu Wing’s discretion. (Emu Wing reserves the right to use the freight company of its choice).
5. Emu Wing is not liable for any indirect or consequential losses or expenses suffered by the customer or any third party, howsoever caused, including but not limited to accommodation, damage, hire cars, loss of turnover, profits, business or goodwill or any liability to any other party other than, if the customer is a consumer, then to the extent imposed by the ACL, due to failure of the part sold or delayed part delivery.
6. Warranty is non transferable.
7. Emu Wing will not accept returns or provide refunds where the customer has decided they no longer want the EmuWing.
8. Onus is on the customer to check the Emu Wing supplied by Emu Wing is correct at the time of delivery. If this is not possible, the customer must check the EmuWing is correct prior to any installation, preparation and/or painting. Customers, who fail to check for correctness, can claim no compensation.
9. Emu Wing retains property in the goods nonetheless; all risk for the goods passes to the customer on delivery.
10. Nothing in the terms and conditions of trade is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or supply of services which cannot be excluded, restricted or modified.
Intellectual Property and Information
11. The customer acknowledges Emu Wing’s title to the copyright, trademark, patent or design rights (“Intellectual Property”) in or related to any of its goods and shall not claim any right, title or interest in the Intellectual Property nor use any of the Intellectual Property other than necessary for the proper use of the goods.
12. The customer must not disclose any information that is not in the public domain about Emu Wing or its suppliers, customers, pricing structures, marketing plans, products or product specification.
13. Emu Wing will not recognise any warranty claim where any failure or defect is caused by: a. Misuse or negligence;
b. Unauthorised repairs or alterations and
c. Improper application or installation.
14. In the event of any claim being declined, Emu Wing reserves the right to recover out-of- pocket expenses incurred in transporting, dismantling and inspection, such costs to be reimbursed by the customer prior to re-delivery of the EmuWing.
15. In the event of any dispute, a mutually acceptable third party opinion is to be obtained to adjudicate on claims.
16. Emu Wing cannot be held responsible for any implied or verbal representations. Price and Payment
17. The price of each item will be set by Emu Wing and stated on the invoice issued; the price may be increased by the amount of any GST and other taxes and duties that may be applicable.
18. Without prejudice, should the customer breach any obligations relating to payment, Emu Wing will suspend or terminate the supply of goods/services to the customer. Emu Wing will not be liable to the customer for any loss or damage the customer suffers because Emu Wing exercises its rights under this clause.
19. Emu Wing is bound by the Privacy Amendment (Private Sector) Act 2000. All personal information obtained in connection with the customer will be appropriately collected, stored, used, disclosed, transferred and destroyed in accordance with the National Privacy Principles (“NPP”).
20. The customer is required to deal with any personal information in accordance with the NPPs. Miscellaneous
21. The law of Victoria from time to time governs the conditions. The parties agree to the non- exclusive jurisdiction of the courts of Victoria, the Federal Court of Australia, and of courts entitled to hear appeals from those Courts.
22. Emu Wing’s failure to enforce any of these conditions shall not be construed as a waiver of any of Emu Wing’s rights.
23. If any condition is unenforceable it shall be read down to be enforceable or, if it cannot be read down, the condition shall be severed from the conditions without affecting the enforceability of the remaining conditions.
24. These Terms and Conditions are clearly displayed in our sales area. This warranty is given in addition to and notwithstanding any rights the customer may have under The Commonwealth Trade Practices Act 1974, Fair Trading Acts, State or Commonwealth Law