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Terms & Conditions
Terms & Conditions
VERBATIM AUSTRALIA PTY LTD
TERMS & CONDITIONS OF WEBSITE USE
In these Terms:
ACL means the Australian Consumer Law Schedule to the Competition and Consumer Act 2010 (Cth) and its associated regulations as amended;
Agreement means any agreement for the supply of Goods by Verbatim;
Compliance Document means a Supplier Declaration of Conformity or SDoC as required for the sale of certain electrical products in accordance with the relevant legislation and regulations;
Consumer is as defined in the ACL and in determining if the Customer is a consumer, the determination is made if the Customer is a consumer under the Agreement;
Customer means the person, jointly or severally if more than one, acquiring Goods from Verbatim;
Delivery means the delivery of the Goods in accordance with these Terms;
Goods means any goods supplied by Verbatim to the Customer;
GST means any goods and services or value added tax, including GST, within the meaning of A New Tax System (Goods and Services Tax) Act 1999 and its associated regulations as amended;
Intellectual Property means all copyright, patents, trademarks, names, formulae, specifications, confidential information and all modifications, improvements and enhancements (whether registrable or not) owned by or licensed to Verbatim in respect of the Goods;
Price means the price for Goods stated on the Website from time to time, subject to clause 4;
Privacy Act means the Privacy Act 1988 (Cth);
Terms means these Terms and Conditions of Sale as varied or amended from time to time;
Verbatim means Verbatim Australia Pty Ltd ACN 005 706 374 of Unit 6/450 Princes Hwy Noble Park, Victoria 3174 and includes its contractors, successors and assigns; and
Website means any webpage conducted by Verbatim from time to time.
2. BASIS OF AGREEMENT
Unless otherwise agreed by Verbatim in writing, these Terms apply exclusively to every Agreement and cannot be varied or replaced by any other terms, including the Customer’s terms and conditions of purchase (if any).
An Agreement may include additional terms as specified on the Website from time to time.
An Agreement is accepted by Verbatim when:
Verbatim accepts, in writing or by electronic means, an offer from the Customer via the Website; and
the Price for the Goods is deducted from the Customer’s nominated PayPal account or credit/debit card.
Verbatim has absolute discretion to refuse or accept any order.
Verbatim may vary or amend these Terms at any time by uploading an amended version of these Terms to the Website.
Any variations or amendments to these Terms in accordance with clause 5 will apply to orders placed after the date that the amended Terms are uploaded to the Website.
Unless otherwise agreed by Verbatim in writing, payment of the Price must be made in full at the time that an order for the Goods is submitted via the Website.
Payment for the Goods must be made using PayPal or via an approved credit/debit card, using the checkout feature of the Website.
By processing an order for Goods on the Website, the Customer warrants to Verbatim that they are authorised to use the nominated PayPal or credit/debit card.
Verbatim will provide a tax invoice for GST purposes.
Any other payment terms must be agreed in writing and signed by Verbatim.
The time for payment is of the essence.
Unless otherwise stated, Prices for the supply of Goods include GST and any other duties, taxes or imposts imposed in relation to the Goods in Australia.
Unless otherwise agreed by Verbatim in writing or as specified on the Website, the Customer must pay, in addition to the Price, all costs associated with the Delivery of the Goods to the address specified by the Customer when placing an order on the Website. .
If the Customer requests a variation to the Goods or where there is otherwise any change in the costs incurred by Verbatim in relation to the Goods after the order has been accepted, Verbatim may vary the Price to take into account any such change, by notifying the Customer in writing.
Any variations to the Price in accordance with clause 3 will be reflected on an updated tax invoice provided by Verbatim to the Customer.
Any Prices (including recommended retail prices) listed on the Website or contained in any Verbatim price list or any other document are an invitation to treat only, and are not binding on Verbatim.
5. PERFORMANCE OF AGREEMENT
Any period or date stated by Verbatim for Delivery is an estimate only and not a contractual commitment.
Verbatim will use its reasonable endeavours to meet any estimated dates for Delivery but will not be liable for any loss or damage suffered by the Customer or any third party for failure to meet any estimated date.
If Verbatim cannot complete Delivery by any estimated date, it will complete the Delivery within a reasonable time.
6. RISK AND INSURANCE
Risk in the Goods and all insurance responsibility for theft, damage or otherwise will pass to the Customer immediately upon Delivery of the Goods to the Customer.
The Customer assumes all risk and liability for loss, damage or injury to persons or to property of the Customer, or third parties arising out of the use, installation or possession of any of the Goods, unless recoverable from Verbatim on the failure of any statutory guarantee under the ACL.
Unless otherwise agreed in writing, the Customer will be responsible for all costs associated with Delivery, including freight and other charges arising from the point of dispatch of the Goods to the Customer at the specified point of delivery.
The costs associated with Delivery of Goods are subject to change.
In the event that one or more Goods ordered by a Customer is delayed, Verbatim may arrange for a partial delivery of the Customer’s order. The Customer agrees to accept partial delivery of Goods however the Customer has no right to request a partial delivery. All partial deliveries will be invoiced separately, and are deemed to constitute a separate Agreement. Any failure by Verbatim to deliver any separate Agreement does not entitle the Customer to repudiate the entire order.
The Customer indemnifies Verbatim against any loss or damage suffered by Verbatim, its subcontractors or employees as a result of Delivery, except where the Customer is a Consumer and Verbatim has not used the necessary level of due care and skill.
If Delivery is attempted and is unable to be completed for any reason, the Customer may be liable for any applicable costs associated with the redirection or subsequent Delivery of the Goods.
8. WARRANTY AND LIABILITY
Except as otherwise required by law or as specifically stated in these Terms or any express warranty provided in relation to the Goods, the Agreement does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Goods or any contractual remedy for their failure.
If the Customer is a Consumer nothing in these Terms restricts, limits or modifies the Customer's rights or remedies against Verbatim for failure of a statutory guarantee under the ACL.
To the extent permitted by law, any warranty provided by Verbatim in relation to the Goods will not apply where the Goods have been subject to an accident, negligent use, tampering, improper handling, use, operation or storage or due to any other causes outside of Verbatim’s reasonable control.
If the Customer on-supplies the Goods to a Consumer, and:
the Goods are not of a kind ordinarily acquired for personal, domestic or household use or consumption, then the amount specified in section 276A(1) of the ACL is the absolute limit of Verbatim's liability to the Customer; or
the Goods are of a kind ordinarily acquired for personal, domestic or household use or consumption, payment of any amount required under section 274 of the ACL is the absolute limit of Verbatim's liability to the Customer;
howsoever arising under or in connection with the sale, installation, use of, storage or any other dealings with the Goods by the Customer or any third party.
If clauses 2 and 8.4 do not apply, then other than as stated in these Terms or any written warranty statement Verbatim is not liable to the Customer in any way arising under or in connection with the sale, installation, use of, storage or any other dealings with the Goods by the Customer or any third party.
Except as otherwise required by law, Verbatim’s maximum liability to the Customer is the refund of the Price of the Goods or the replacement of the Goods, at Verbatim’s sole discretion. Shipping not included.
Verbatim is not liable for any indirect or consequential losses, damage or expense suffered by the Customer or any third party, howsoever caused, including but not limited to loss of turnover, business or goodwill except to the extent of any liability imposed by the ACL.
The Customer acknowledges that:
it has not relied on any service involving skill and judgement, or on any advice, recommendation, information or assistance provided by Verbatim in relation to the Goods or their use or application; and
it has not made known, either expressly or by implication, to Verbatim any purpose for which it requires the Goods and it has the sole responsibility of satisfying itself that the Goods are suitable for the use of the Customer.
Nothing in these Terms 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 which cannot be excluded, restricted or modified.
9. GENERAL WARRANTIES
All Goods sold have the benefit of the warranty contained in or on the packaging of the Goods, or on the Website (Warranty).
The Warranty does not apply to Goods rendered defective as a result of accident, fair wear and tear, negligent use, tampering, improper handling, use, operation, or storage, or due to any other causes outside of Verbatim’s control.
In order to make a claim under the Warranty, a person must:
give Verbatim written details of any defect in the Goods together with documentary proof of the date of purchase and within 30 days of identifying the defect;
return the defective Goods to Verbatim or allow Verbatim or its employees or agents to inspect the Goods; and
provide any information requested by Verbatim in relation to the Goods or installation of the Goods.
Verbatim warrants that, if applicable, its Goods are supplied with Compliance Documents confirming that the Goods meet the relevant Australian and /or New Zealand regulatory standards.
Notwithstanding clause 4, the Customer acknowledges and agrees that if the regulatory requirements for any Goods vary from the Australian and/or New Zealand regulatory standards then the Customer must inform Verbatim as soon as possible that additional testing and/or certification may be required.
10. RETURNS AND EXCHANGES
Except as otherwise required by law and subject to clauses 2 and 10.3, Verbatim will not be liable for any shortages, damage, or non-compliance with the specifications of the Goods in the Agreement unless the Customer notifies Verbatim with full details including the invoice number and date, within 30 days of Delivery, otherwise the Customer is deemed to have accepted the goods.
When any shortages, claim for damaged Goods or non-compliance with the Agreement specifications is accepted by Verbatim, Verbatim may, subject to the requirements of the ACL, replace the Goods or refund the Price of the Goods affected to the Customer.
Except as otherwise required by law, Verbatim will not under any circumstances accept Goods for return that:
are discontinued or no longer stocked by Verbatim;
have been altered in any way;
have been used or stored improperly; or
are not in their original condition and packaging (if applicable).
The Customer must pay any postage, delivery or freight changes associated with the return of Goods.
If the Customer is a Consumer, nothing in this clause 10 limits any remedy available for a failure of the consumer guarantees under the ACL.
11. CANCELLATION AND VARIATION
If Verbatim is unable to deliver or supply the Goods, then it may cancel any Agreement or the order for Goods by notice in writing to the Customer, without liability.
No purported cancellation or suspension of an Agreement or order for the Goods by the Customer is binding on Verbatim after that order has been accepted by Verbatim.
In the event that Verbatim accepts the Customer’s request to cancel the supply of the Goods, the Customer will be liable to Verbatim for the costs of the Goods to the extent that they have been provided.
12. FORCE MAJEURE
Verbatim is not liable in any way howsoever arising under these Terms or any Agreement to the extent that it is prevented from acting by events beyond its reasonable control including, without limitation, industrial disputes, strikes, lockouts, accident, breakdown, import or export restrictions, acts or threats of terrorism or war. If an event of force majeure occurs, Verbatim may suspend or terminate these Terms or any Agreement by written notice to the Customer.
The law of Victoria, Australia from time to time govern these Terms. The parties agree to the non-exclusive jurisdiction of the courts of Victoria, the Federal Court of Australia and of the courts entitled to hear appeals from those Courts.
Verbatim's failure to enforce any of these Terms shall not be construed as a waiver of any of Verbatim’s rights.
If any clause of these Terms is unenforceable it shall be read down to be enforceable or, if it cannot be read down, the term shall be severed from these Terms, without affecting the enforceability of the remaining terms.
A notice must be in writing and handed personally or sent by email, facsimile or prepaid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting. Notices sent by facsimile or email are deemed received on confirmation of successful transmission.