“Seller” or “we” means nBat Industries Pty Ltd.
“Buyer” or “you” means the person, firm or company contracting with the seller, either directly or through an Agent, except where the contract otherwise requires. “Goods” means the item described in the Order. “Order” means the order placed by the Buyer for the supply of goods.
Time for delivery is given as a guide, but is not guaranteed. Please refer to the “shipping” on the item listing for an approximate delivery times table of each state and territory. If the stated delivery times are not met and orders not fulfilled, we do not take responsibility for paying tradesmen to return to the job or complete works, or any other damages or losses that may arise. We recommend arranging date of installation when the goods been delivered.
In the event that the Buyer requires a guaranteed delivery date, such date must be negotiated with the Seller and expressly agreed in writing by a Partner of the Seller as being so guaranteed.
The Seller will endeavour to comply with reasonable requests by the Buyer for postponement of delivery or to redirect the order to a new address before the order leaving the Seller’s warehouse, but the Seller shall be under no obligation to do so once the order been dispatched.
Unless otherwise expressly provided, the point of delivery shall be reached when the goods are delivered to the Buyer’s premises, to the premises of a consignee named by the Buyer, are collected by the Buyer, or picked up by a carrier paid by the Buyer, whichever takes place first.
The Seller shall not be liable for any losses, claims or damages arising from any negligent act, omission, misdirection or misstatement made by the Seller, buyer or courier during the course of delivery or unloading of the goods.
In cases where the point of delivery is the delivery of goods to the Buyer’s premises or to the premises of a consignee named by the Buyer, no responsibility will be accepted by the Seller for any loss or damage occurring in transit unless the buyer:
In the case of damage, notifies the Seller in writing of any loss or damage within three days of the date of delivery.
In cases of non-delivery, within ten days of the despatch date.
In cases where the point of delivery is when the goods are collected by the Buyer or by a carrier paid by the Buyer, the goods shall be at the sole risk of the Buyer during transit.
In cases where the goods are damaged or a wrong item has been sent, it is the responsibility of the Buyer to return goods to the Seller in a re-saleable condition (unless damaged goods) via Australia Post. Once received by the Seller, or proof of goods sent, the goods will either be replaced or given a full refund at the request of the Buyer. A refund of the return postage will also be made to the buyer.
4. LIMITED WARRANTY
This product carries a manufacturer’s warranty against defective materials or workmanship for three years from the date of original purchase. In order to receive warranty consideration, the product must be returned to the Seller at the customer’s expense. The Seller has the option to either replace any faulty parts or full product once the defective product has been assessed. Any replacement parts or products do not extend the warranty period.
This warranty is valid only for the original purchase. Proof of purchase is required for warranty claim.
This warranty does not apply to normal wear and tear, after-market modification, commercial use or damages arising from accident, misuse, neglect, fire, water, lightning, or other acts of nature or installation not in accordance with the product instructions.
Our three years manufacturer’s warranty is limited to the cost of repair or replacement of the product. We are not liable for:
Damage to other property, based upon inconvenience, loss of use of the product, loss time caused by use of defective product, or even if advised of such possible damages, or any other damages, whether incidental, consequential or otherwise.
5. LICENCE TO — USE WEBSITE
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
You must not:
(a) re-publish material from this website (including re-publication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(e) edit or otherwise modify any material on the website; or
(f) re-distribute material from this website except for content specifically and expressly made available for re-distribution (such as our newsletter).
Where content is specifically made available for re-distribution, it may only be re-distributed within your organisation.
6. ACCEPTABLE — USE
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
7. — USER CONTENT
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your content in any existing or future media. You also grant to us the right to sub-license these rights and the right to bring an action for infringement of these rights.
Your content must not be illegal or unlawful, must not infringe any third party’s legal rights and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
You must not submit any content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.