Terms & Conditions
|In this Terms and Conditions, unless the context or subject-matter otherwise requires:|
Buyer, or you means a person / a company, or a party who buys or agrees to buy goods.
Delivery means voluntary transfer of possession from one party to another.
Document of title to goods includes any bill of lading, dock warrant, warehouse-keepers’ certificate, and warrant or order for the delivery of goods, and any other document used in the ordinary course of business as proof of the possession or control of goods or authorising or purporting to authorise either by endorsement or delivery, the possessor of the document to transfer or receive goods thereby represented.
Fault means wrongful act or default.
Property means the general property in goods and not merely a special property.
Quality of goods includes the state or condition.
Sale includes a bargain and sale as well as a sale and delivery.
Seller, or we, or us means Rovtex Engineering – the party who sells or agrees to sell goods.
Specific goods means goods identified and agreed upon at the time a contract of sale is made.
Warranty means an agreement with reference to goods which are the subject of a contract of sale, but collateral to the main purpose of such contract, the breach of which gives rise to a claim for damages, but not to a right to reject the goods and treat the contract as repudiated.
|1.1||These terms and conditions form a legally binding agreement between you and Rovtex Engineering - ABN77 895 020 239 ("we" or "us") in relation to your order(s) of Products and Services placed through Rovtex.com web site, or by email, facsimile, telephone, or mail where link or reference to this Terms and Conditions was brought up or mentioned.|
Receipt of acknowledgement of order by you, constitutes your acceptance that our conditions are the only conditions that apply to the contract notwithstanding any purported terms put forward by you.
Changes to Terms and Conditions
|2.1||These are the current terms and conditions. We may at any time vary these terms and conditions by publishing the varied terms and conditions at the Rovtex.com website.|
|3.1||When you provide us with any information e.g. order details or delivery details, you are representing and warranting to us that all of the information provided is correct and you indemnify Rovtex Engineering for any losses, costs, expenses or damages that we may suffer if any of the information is not correct.|
|3.2||When placing an order you accept these terms and conditions and any others we may advise you of.|
|4.1||Placement of an order is an irrevocable offer by you to purchase products and services you have ordered. Rovtex Engineering is not obliged to accept your order and we may accept or reject your order for any reason, including, without limitation, un-availability of any product, an error in the price or the product description or an error in your order.|
|4.2||The contract with Rovtex Engineering for the purchase of products and services described in your order only becomes binding when we notify you that we have accepted your order and receipt of your payment has been confirmed.|
|4.3||Your order is considered to be placed when your payment is received and cleared and, if (where applicable), required artwork, layouts and quantities are not subject to further changes.|
Price and Payment
|5.1||For each order, you will be charged an agreed price of the goods plus applicable service charges, if any. Such charges may include, delivery, installation, additional warranty, consultations, etc.|
|5.2||Orders can be paid for by: PayPal, MasterCard, Visa Card, Bank deposit, or Wire Transfer.|
Credit Card Processing
Rovtex Engineering does not process any credit card details online. All payments are processed manually once your order is received and product availability is confirmed. This ensures that you will be only paying for items that are in stock, or accepted by Rovtex Engineering for production.
|5.3||Payment must be received in full prior to the order being shipped. Orders are not processed until payment is cleared.|
Refund and exchanges
|6.1||We will replace the goods, or make a refund if the goods you've received|
Postage for the returned goods is on the sender's account unless otherwise was agreed.
|6.2||We will not accept the return of the goods and will not issue a refund for the goods purchased|
|6.3||Returns and refunds for the custom-built orders are not accepted unless the goods are proven to be faulty or damaged as a result of the production process, or our mistake.|
|6.4||We cannot accept returns or exchanges unless authorized by Rovtex Engineering. Request for return or exchange must be made within ten days of receipt of order. Unauthorized returns will not be accepted. All authorized returns will incur a restocking fee of 15% of the original retail value.|
Goods and Services Tax (GST)
|7.1||GST is not applicable for orders shipped overseas. GST is only applicable to orders shipped within Australia.|
|7.2||GST will apply to the sale of goods and services that are subject to Australian GST tax.|
Delivery, Title and Risk
|8.1||Every effort will be made to deliver on time, but any delivery day or lead-time specified is a best estimate and no liability is accepted for any loss arising from delay.|
|8.2||All orders are delivered via an agreed carrier to a nominated delivery address, unless agreed otherwise.|
|8.3||Following shipping options are available:|
|8.4||Insurance is optional, but recommended. All risks for the goods are passed to the buyer once the goods are transferred for delivery to freight forwarder / carrier.|
|8.5||Title to the goods and products passed to the buyer upon receipt of full payment. All goods, delivered or not, remain our property until payment is received in full. Until such time as payment in full is made, you shall retain such goods separately from other goods and clearly mark them in such a way that they can be readily identified as being our property and any payment received by you for any sale of such goods must be held in a separate account in trust for us. In the event of non-payment by you for such goods we will, without loss of any rights or remedy, remove from your possession those goods belonging to us in accordance with these terms and conditions and we shall be entitled upon the property where the goods are stored and repossess and remove the same. You hereby grant us irrevocable licence to enter your premises for the said purpose.|
|9.1||An order or part of order can be cancelled, prior the invoice is issued at no additional cost|
|9.2||We reserve the right to decline a cancellation request if:|
|9.2.1||the invoice has already been issued;|
|9.2.2||the order has been activated;|
|9.2.3||the payment has been cleared; or|
|9.2.4||notwithstanding any of the above for any other reason at the discretion of Rovtex Engineering.|
|10.1||Rovtex Engineering is committed to safeguarding information that is provided to us. When you place an order with us, we collect information that is required to process and complete your order.|
|10.2||Information may be shared with specialist service providers to administer the production and delivery of the goods.|
|10.3||You can request access to the information we hold about you and/or your company. You can also amend the information at any time.|
Disclaimers and Limitation of Liability
|11.1||If the goods or any defects in the supplied goods cause death, injury or damage to any person or property, our liability for any loss or damage in respect of the goods shall be limited to the contract value of the goods that caused such loss or damage. We can accept no responsibility for loss or damage arising from the supply of goods under this contract unless you have fully complied with the notification of claims procedures set out in paragraph 6. Nothing in these terms and conditions shall affect the right of a consumer.|
|12.1||These Terms and Conditions are to be construed and enforced in accordance with the laws of New South Wales, Australia. Any dispute arising from your order is exclusively subject to the jurisdiction of the courts of New South Wales, Australia.|