requires otherwise:
Belic Tools means Belic Tools & Machinery Pty Ltd A.B.N. 63 006 948 287 trading as Belic Tools and Machinery Pty Ltd, the operator of the Belic Tools and Machinery Website Store.
Confirmation Notice means a notice from Belic Tools and Machinery confirming to a Purchaser that the Purchaser has successfully placed an order for a Product that has been accepted by Belic Tools and Machinery.
Products means the products listed by Belic Tools and Machinery sale on their website.
Purchaser means any person who has placed an order for a Product that is accepted by Belic Tools and Machinery.
Serious Damage refers to damage materially affecting the operation or use of a Product for its intended purpose or which renders a Product unsafe when used in accordance with instructions and does not include minor scratches, minor dents, damaged packaging/box or damage occurring after delivery.
1.2 By placing an order for any Products you hereby accept these terms and conditions.
1.3 All orders for Products are considered unconditional offers to purchase. The acceptance of an order by Belic Tools and Machinery creates a legally binding contract between Belic Tools and Machinery and the Purchaser.
1.4 The Purchaser must pay for those Products for which the Purchaser has ordered within 5 days of receiving a Confirmation Notice. All payments must be made payable direct to "Belic Tools and Machinery" and must be paid using methods approved by Belic Tools and Machinery.
1.5 Purchasers who do not pay for Products for which they have ordered within 5 days of receiving a Confirmation Notice will render the transaction invalid with Belic Tools and Machinery no longer being required to offer the goods for sale.
1.6 Belic Tools and Machinery
reserve the right to resell a product not paid for within the required
time
frame without notifying the purchaser.
2.1 Unless otherwise required by law, communications between Belic
Tools
and Machinery and Purchasers must be by email sales@bayelic.com.au
, by phone, or in person.
2.2 For Warranty claims,
please email us directly.
3.1 All ownership of, property in and legal title to all tangible
property in Products won at auction or ordered by the Purchaser remains
with
Belic Tools and Machinery until Belic Tools and Machinery receives full
payment
for the Products from or on behalf of the Purchaser (Purchased
Products).
3.2 Belic Tools and Machinery will arrange for Purchased Products to
be
delivered to the address provided by the Purchaser within 15 business
days of
receiving payment for the Purchased Products. Delivery time may vary
depending
on stock availability and the delivery address specified by the
Purchaser.
Where Purchased Products are not in stock, Belic Tools and Machinery
shall have
an extra 2 to 7 business days to arrange for those Purchased Products to
be
delivered.
3.3 Belic Tools and Machinery will use such carriers and such modes of
transport to deliver the Purchased Products as Belic Tools and Machinery
considers appropriate. This includes Belic Tools’ personal delivery
services.
3.4 All freight charges, insurance costs (including any transit
insurance) and other costs associated with transporting the Purchased
Products
to the Purchaser shall be the responsibility of the Purchaser.
3.5 Purchasers must notify Belic Tools and Machinery promptly of any
Products delivered that appear to have sustained Serious Damage during
transit
or storage.
3.6 All Purchased Products are deemed to be received in good working
condition once the Purchaser accepts delivery.
3.7 Belic Tools and Machinery is not responsible or liable for any
delays (including any delays caused by Belic Tools and Machinery
suppliers) or
failure to effect the delivery of the Purchased Products due to any
cause which
is unavoidable or beyond Belic Tools and Machinery’s reasonable control
and
which prevents, impairs or adversely affects in any way Belic Tools and
Machinery’s performance of these terms and conditions, including but not
limited to war, fire, flood, natural disaster, strike, labour dispute,
act of
God, governmental action, civil disturbance, accident or inability to
obtain or
use materials, labour, equipment, facilities, or transportation. In such
case, Belic
Tools and Machinery shall be afforded a reasonable time in which to
arrange for
delivery of the Purchased Products, without penalty or liability for
breach.
4.1 Unless otherwise specified, all Products are covered by the
warranty
of the original manufacturer the terms of which vary from Product to
Product.
4.2 Subject to clause 7, Belic Tools and Machinery further provides,
where specified, the following warranties for Products:
(a) "Repair or Replacement Warranty": For the specified warranty
period, in respect of Products returned by the Purchaser which are found
to be
faulty on inspection, Belic Tools and Machinery will undertake any
action Belic
Tools and Machinery deems appropriate to rectify the fault including,
but not
limited to, replacing the Products or redirecting the Purchaser to a
repairer
or warranty agent approved by Belic Tools and Machinery or the
originating
manufacturer.
4.3 The warranties provided by relevant manufacturers under clause 4.2
are void where:
(a) the Purchaser misuses the Products;
(b) the damage to a Product occurs during transit or storage;
(c) the Purchaser or other unauthorised person/agent attempts to modify
or
repair the Product; or
(d) the damage to a Product is of a kind that can be described as
"normal
wear and tear".
4.4 Purchasers are responsible for retaining invoices as proof of
purchase required for claiming under warranties. Invoices must be
original
copies and show date of purchase. All warranty claims must be made as
soon as
possible after damage is discovered by notifying Belic Tools and
Machinery of
the following details:
(a) Customer name;
(b) Product model number;
(c) invoice number;
(d) contact details for regular business hours;
(e) a brief description of the damage claimed to be covered by the
warranty.
4.5 All warranties on Products are available to Australian residents
only and are not transferable.
4.6 No warranty applies to consumable items or second hand items
unless
otherwise specified.
4.7 No staff member of Belic Tools and Machinery has authority to
change
the terms or extend the warranty period stated in a Product
specifications.
4.8 All freight charges and other costs associated with returning
Products
under warranty to Belic Tools and Machinery shall be the responsibility
of the
Purchaser. Purchasers may return Products to Belic Tools and Machinery
at the
following address if the Product is lighter than 22 kg and/or shorter
than 1
metre in length:
Belic Tools and Machinery Pty Ltd
Att: Returns
2/256-258 Frankston-Dandenong Rd
Dandenong South 3175
Victoria, Australia
Purchasers should otherwise contact Belic Tools and Machinery to make
arrangements for returns of larger or heavier Products. Belic Tools and
Machinery will not pick up Products that Purchasers wish to return nor
accept
returns of Products from Purchasers to any other address or by any other
means.
5.1 Subject to clause 7, Belic Tools and Machinery will only accept
returns of Products where, upon inspection:
(a) the Product is shown to have a major manufacturing defect not
covered under
the warranties specified in clause 4;
(b) the Product delivered has sustained Serious Damage during transit or
storage; or
(c) the Product delivered is substantially different from the Product
advertised.
5.2 Where a Product returned by the Purchaser is found to be in good
working condition, Belic Tools and Machinery will return the Product to
the
address provided by the Purchaser and may charge the Purchaser the costs
of any
inspection conducted, including any administration fees, technician fees
incurred during inspection and freight costs of returning the Product to
the
Purchaser.
5.3 Returned Products accepted by Belic Tools and Machinery will only
be
exchanged for another similar Product of equal or greater value.
5.4 Belic Tools and Machinery will only refund the purchase price
(including any reasonable freight charges and other costs incurred by
the
Purchaser in returning the Product to Belic Tools and Machinery) of
returned
Products accepted by Belic Tools and Machinery where those Products
cannot be
repaired or replaced with another similar Product of equal or greater
value.
6. Trade Practices
Legislation
6.1 The rights given to a Purchaser under clauses 4 and 5 of this
agreement are in addition to any rights granted under the Trade
Practices Act
1974 (Cth) and equivalent applicable legislation of the States and
Territories
of Australia, which cannot be excluded, limited or restricted or
modified.
Nothing in these terms excludes, limits, restricts, or modifies those
rights,
except to the extent that such exclusion, limitation, restriction or
modification is lawful. Where such exclusion, limitation, restriction or
modification is unlawful, to the extent permitted by such legislation,
the
liability of Belic Tools and Machinery is limited, at its option, to any
one or
more of the following:
(a) the replacement of Products or the supply of equivalent Products;
(b) the repair of Products;
(c) the payment of the cost of replacing the Products or of acquiring
equivalent
Products; or
(d) the payment of having the Products repaired.
7.1 While all care is taken, any errors or omissions in the Product
details are unintentional.
7.2 All pictures contained within this listing are for illustration
purposes only.
7.3 All logos, pictures and trademarks used by Belic Tools and
Machinery
are the property of their respective owners.
7.4 Belic Tools and Machinery, its servants or agents shall not under
any circumstances be liable for any injury, loss or damage of any kind
arising
out of or related to the use, or the inability to use the Products
advertised in
Belic Tools and Machinery’s Product listings, whether Products are
defective,
malfunctioning or incorrectly used. This limitation of liability
includes but
is not limited to incidental, special or consequential damages, damages
for
loss of business or other profits.
7.5 Belic Tools and Machinery reserves the right to change or add any
material relating to Belic Tools and Machinery’s Products without prior
notice.
7.6 No staff member/agent of Belic Tools and Machinery has the
authority
to change any of these terms and conditions.
7.7 Product specifications
and exact packaging or package contents may vary from time to time.
Belic Tools
and Machinery Pty Ltd reserves the right to change model descriptions
and
specifications without prior notice.
8.1 This Agreement shall be governed by and construed according to the
laws of the State of Victoria. The parties agree to submit to the
non-exclusive
jurisdiction of the Victorian courts and any courts from which appeals
may be
heard.
8.2 Any provision of this Agreement held invalid, unenforceable or
illegal for any reason is deemed deleted from this Agreement which shall
remain
in full force apart from those deleted provisions.
