AusSabers – Terms & Conditions
- Acceptance of terms
(a) These Terms, as amended or replaced from time to time, apply to any Goods supplied or to be supplied by Daedalus Tech Pty Ltd trading as AusSabers ABN 19 654 931 432 (We, Us). By placing an Order for Goods, you agree that you have read, understood and accepted these Terms and our Policies.
(b) We may, acting reasonably, amend these Terms or any Policy at any time. We will use our reasonable endeavours to notify you of any changes to these Terms or Policies. Any amendments will apply to any future Orders you place with us. By placing a further Order, you agree that you have accepted the changes. - Definitions & Interpretation
2.1 Definitions
The following definitions apply in these Terms and the Policies:
Business Day means a day that is not a Saturday, Sunday or public holiday in Brisbane, Queensland, Australia.
Claim means a claim, demand, remedy, injury, damage, loss, cost, liability, action, right of action, claim for compensation or reimbursement or liability incurred by or to be made or recovered by or against a person, however arising and whether ascertained or unascertained immediate, future or contingent, or subject of a dispute, litigation or analogous proceeding.
Goods mean any goods we agree to supply to you, and where applicable also includes services.
Intellectual Property Rights means all intellectual property rights, including copyright, inventions, patents (including patent applications), trade marks (whether registered or not), designs (whether registrable or not), eligible circuit layout rights, domain names, licences, know-how, trade secrets, and includes the right to register any intellectual property rights.
Manufacturer means the manufacturer of the Goods.
Order means a contract between you and us for the supply of Goods, incorporating the Policies and these Terms.
Policies means the policies on our Website, including:
(a) Instructions, located at https://aussabers.com.au/instructions/;
(b) Saber Safety, located at https://aussabers.com.au/saber-safety/;
(c) Troubleshooting, located at https://aussabers.com.au/troubleshooting/;
(d) Shipping, located at https://aussabers.com.au/shipping/;
(e) FAQs, located at https://aussabers.com.au/faqs/;
(f) Warranties and Refunds, located at https://aussabers.com.au/warranty-and-refund-information/;
Privacy Law means the Privacy Act 1988 (Cth) and any other law that governs the use, disclosure or management of data or information relating to persons.
Representative includes an employee, agent, officer, director, auditor, advisor, researcher, partner, consultant, contractor, sub-contractor, related body corporate, or other related entity (as that term is defined in the Corporations Act 2001 (Cth)) of a person.
Terms means these terms and conditions.
Website means https://aussabers.com.au/ and any other website we use to sell the Goods.
You, your means the person or entity who purchases the Goods pursuant to an Order.
2.2 Interpretation
Headings are only for convenience and do not affect interpretation. The following rules apply to these Terms and the Policies unless the context requires otherwise:
(a) the singular includes the plural, and the opposite also applies;
(b) a reference to one gender includes all other genders and no gender;
(c) if a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning;
(d) mentioning anything after includes, including, or similar expressions, does not limit anything else that might be included;
(e) a reference to a party, clause, schedule, attachment or annexure is a reference to a party, clause, schedule, attachment or annexure to or of these Terms and a reference to these Terms includes all schedules, attachments and annexures to it;
(f) a reference to a document is to that document as varied, novated, ratified or replaced from time to time;
(g) a reference to legislation is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it;
(h) a reference to a party to these Terms or another agreement or document includes that party’s successors, administrators and permitted substitutes and assigns (and, where applicable, the party’s legal personal representatives, or a substituted or an additional trustee);
(i) if more than one person is identified as you, that expression refers to them and binds them, jointly and severally; and an obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally;
(j) a reference to a person, individual, the estate of an individual, authority, association, joint venture (whether incorporated or unincorporated), corporation, trust, partnership, unincorporated body or other entity includes any of them;
(k) a reference to information is to information of any kind in any form or medium, whether formal or informal, written or unwritten, for example, computer software or programs, concepts, data, drawings, ideas, knowledge, procedures, source codes or object codes, technology or trade secrets; and
(l) a reference to dollars or $ is to an amount in Australian currency. - Orders
(a) Any price for Goods on our website or otherwise is an invitation to treat, not a contractual offer.
(b) By placing an order for Goods, you make an offer to purchase the Goods for the price specified at the time you place the Order. We may in our sole and complete discretion, accept or reject any offer made by you for any reason.
(c) Each Order incorporates these Terms and the Policies.
(d) Any additional terms contained in any document (including hand amendments) provided by you will not form part of the Order unless we agree in writing.
(e) All drawings, descriptions, specifications, or other material contained on the Website, in catalogues or brochures, or any other media are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. Unless we expressly agree otherwise, they do not form part of the Order.
(f) You may only cancel an Order in accordance with these Terms. - Delivery and Risk
4.1 What will be delivered and when
(a) We will ship the Goods to you in accordance with our Shipping Policy, available at https://aussabers.com.au/shipping/.
(b) Goods will be considered to be delivered when the Goods arrive at the address specified in the Order. You cannot reject delivery of any Goods for minor differences from their description or packaging.
(c) We may deliver Goods in multiple instalments.
(d) Risk in Goods passes to you once the Goods are shipped. We will not be held responsible or accept any liability for any delays that may arise, or for any damage caused to the Goods once they are shipped.
4.2 Delays in Delivery
(a) Any delivery times we provide are estimates only.
(b) We will notify you at the earliest practicable date if we believe that the delivery of Goods will be delayed. If so, we will advise you of a new delivery date.
4.3 Your delay or prevention of delivery
If we are unable to deliver Goods to you because of your act or omission:
(a) the risk in the Goods will pass to you;
(b) the Goods will be deemed to have been delivered; and
(c) we may store the Goods until actual delivery is possible and you will be liable for any Claims we incur, including but not limited to the costs of redelivery, storage fees incurred and insurance.
4.4 Delivery Costs
You are responsible for the costs of delivery. Unless otherwise specified, the price of any Goods is exclusive of delivery.
4.5 You must inspect on delivery
You must examine the Goods upon delivery and give us notice of any damage, errors, or incorrect quantities within 5 Business Days. To the extent permitted by law, if you fail to give such notice to us, you will be deemed to have accepted that the Goods were in good order and condition. - Payment
5.1 Usual Payment Terms
For all standard Orders and unless we otherwise agree in writing, before we ship the Goods, you must either:
(a) make payment in full; or
(b) enter into a buy now, pay later arrangement with Afterpay, Zip or PayPal.
5.2 Payment Options
(a) Payment may be made by PayPal, Zip, Afterpay, credit or debit card (through PayPal), or any other payment method we may direct.
(b) When payment is made by credit card, we may charge a surcharge equal to the additional costs we reasonably incur in connection with processing the transaction.
5.3 Failure to Pay
If you fail to pay us any amount under these Terms by the due date for payment, we may (without limiting our other rights) immediately do any or all of the following, without any liability, until all overdue fees are paid:
(a) charge you interest on the overdue amount at a rate of interest per annum equal to the standard contract default rate published by the Queensland Law Society from time to time;
(b) withhold further performance of any obligations under any Order or other agreement between the parties until the overdue amount and interest has been paid in full;
(c) terminate these Terms without any obligation to refund you any money in respect of the cancellation, even if the contractual term of these Terms has not expired;
(d) initiate proceedings against you to recover the overdue amount (despite any dispute resolution clause in these Terms); and
(e) recover all costs to recover overdue amounts, including but not limited to legal costs and outlays on a full indemnity basis.
5.4 Our set-off rights
(a) We may, after having demanded payment of any amount overdue in accordance with clause 5.3, apply any payment paid by you against our costs and disbursements in recovering the amount due, any interest accrued, or the amount overdue.
(b) We may at any time set off any amount you owe us against any amount we may owe to you.
5.5 GST
(a) In this clause 5.4, adjustment note, GST, tax invoice and taxable supply have the meaning given to them in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
(b) For each taxable supply under or in connection with any Order:
(i) We will charge you for any GST we pay in respect of the taxable supply;
(ii) you must pay us the amount of the GST at the same time as the relevant charge applicable to the supply becomes payable under the Order; and
(iii) We will provide a valid tax invoice or adjustment note to you in respect of the taxable supply.
(c) The price of all Goods is inclusive of GST unless expressly stated otherwise.
5.6 Duties and Taxes
You are responsible for paying all government charges, taxes or duties of any kind incurred in or in connection with our supply of the Goods. Such charges include without limitation custom duties, import taxes, all stamp duties, financial institution duties, and any other similar charges or duties. - Default & Termination
6.1 Default
You will be in default if you:
(a) fail to pay any amount to us by its due date;
(b) provide us with information which you know or have reasonable grounds to suspect is false, incomplete or misleading;
(a) are bankrupt, enter into an arrangement with your creditors, are insolvent under the definition in the Corporations Act 2001 (Cth), in liquidation or provisional liquidation, under administration or external control, or are affected by any analogous event; or
(b) breach any provision of these Terms and fail to remedy that breach within 10 Business Days.
6.2 Consequences of default
If you are in default, then subject to law, we may, without limiting our other rights:
(a) demand immediate payment of all money you owe us whether due for payment or not;
(b) withhold further performance of any obligations under any Order or other agreement between the parties; and/or
(c) immediately cancel any Order without any obligation to refund you any money in respect of the cancellation.
6.3 Termination
We may terminate these Terms or any Order immediately by written notice if you are:
(a) in material breach of these Terms; or
(b) in default for more than 10 Business Days.
6.4 Termination does not affect obligation to pay
Termination of these Terms or any Order shall not affect your obligation to pay any outstanding amounts or other amounts in relation to Goods. - Warranties & Liability
(a) Our Warranties and Refunds Policy applies to all Goods. This policy is available at https://aussabers.com.au/warranty-and-refund-information/.
(b) If you are a consumer within the meaning of Schedule 2 of the Competition and Consumer Act 2010 (Cth), there are certain rights (such as the consumer guarantees implied by that law), which cannot by law be excluded (Non-Excludable Condition). These Terms are subject to those Non-Excludable Conditions.
(c) Subject to any Non-Excludable Conditions and to the maximum extent permitted by law, we:
(i) exclude from these Terms all guarantees, conditions and warranties that might but for this clause be implied into these Terms;
(ii) exclude all liability to you for any Claim suffered or incurred directly or indirectly by you in connection with these Terms and any Order, whether that liability arises under common law, equity or under statute; and
(iii) will not, under any circumstances, be liable to you for any loss of revenue, loss of profits, loss of anticipated savings or business, pure economic loss, loss of data, loss of value of Goods, loss of opportunity or expectation loss, and any other form of consequential, special, indirect, punitive, or exemplary loss or damages,
except to the extent that the Claim arises due to our negligence or default.
(d) If our liability under these Terms cannot be lawfully excluded, to the maximum extent permitted by law, our liability for breach of any Non-Excludable Condition is limited to (at our option) the replacement of the Goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the Goods or of acquiring equivalent goods, or the payment of the cost of having the Goods repaired. - Indemnity
To the extent permitted by law, you release and indemnify us and our Representatives against all liability arising from Claims for:
(a) any personal injury to any person, or damage to any property, due to:
(i) failure to comply with any instructions we or a Manufacturer provide for safe use of the Goods;
(ii) failure to comply with our Saber Safety Policy;
(iii) use of the Goods in a manner in which they were not intended or designed for;
(iv) modifications, alterations, or unauthorised repairs to the Goods; or
(v) use of the Goods in conjunction with accessories or other goods that we have not approved in writing;
(b) any negligent or unlawful act or omission by you or your Representatives in connection with the Goods;
(c) your breach of these Terms;
(d) our, the Manufacturer’s, or a third party’s reliance on an incorrect, incomplete or misleading representation you or your Representatives make to us;
(e) libel, slander, defamation, disparagement or false, misleading or deceptive conduct by you or your Representatives; or
(f) us being required under Privacy Law to correct any data, respond to any complaint, or address any other matter raised by a person,
except to the extent that the Claim arises due to our negligence or default.
8.2 Conditions of indemnity
(a) We may make a claim under indemnities in these Terms in relation to a cost before having incurred the cost, or before making a payment in relation to the cost.
(b) The indemnities in these Terms shall be in addition to any damages for breach of contract to which we may be entitled. Nothing in the indemnities in these Terms will be construed so as to prevent us from claiming damages in relation to your breach of these Terms.
(c) Each indemnity in these Terms is a continuing obligation, separate and independent from the other obligations of the parties and survives termination of these Terms for whatever reason. - Intellectual Property
(a) Unless otherwise agreed, each party retains ownership of all Intellectual Property rights in material owned or created by that party independently of these Terms. None of that Intellectual Property is assigned or transferred by way of these Terms.
(b) The parties agree that all Intellectual Property rights in the Goods, and any other material, designs, methods or content we develop, including modifications, improvements and enhancements to Goods, will vest in and are owned by us upon creation, even if based on your request or feedback. - Unforeseen Events
We will not be liable for any Claim relating to a delay in delivery of any Goods, or failure to comply with any of our other obligations under any Order, as a result of: pandemic or epidemic, fire, flood, tempest, earthquake, civil disturbance, terrorism, theft, crime, strike, lockout, breakdown, galactic conflict, government restriction, the inability of a Manufacturer or other supplier to supply necessary products or materials to us, or any other matter beyond a party’s reasonable control. - Privacy
(a) You authorise us to collect, retain, record, use and disclose consumer and/or commercial information about you, in accordance with Privacy Law, to persons and/or legal entities, including a solicitor or any other professional consultant we engage, a debt collector, credit reporting agency and/or any other individual or organisation which maintains credit references and/or default listings.
(b) We may give information about you to a credit reporting agency for the purposes of obtaining consumer and commercial credit reports and/or lodging consumer and commercial defaults on your credit file. This information may be given before, during or after the provision of credit to you and will be in accordance with Privacy Law. - General
12.1 Communications
(a) Communications must be in writing and may be sent by email or mail. A communication by email will be taken to have been received by the addressee at the earlier of the time stated in a read receipt sent by the recipient’s computer or when the message has been delivered to the email address of the addressee.
(b) A communication that is received after 5pm on a Business Day, or on a non-Business Day, shall be deemed to be received at 9am on the next Business Day.
(a) For the purposes of the Electronic Transactions Act 1999 (Cth) and the Electronic Transactions (Queensland) Act 2001 (Qld), the parties agree to send, receive and execute notices and documents electronically, and agree that any document signed electronically will be binding with the same effect as a physical signature.
12.2 Inconsistency with other documents
If these Terms are inconsistent with any other document between the parties, these Terms prevail to the extent of the inconsistency.
12.3 Reliance
Neither party has entered into any agreement in reliance on or as a result of any representation, promise, statement, conduct or inducement by the other otherwise than as set out in these Terms.
12.4 Relationship of parties
The relationship of the parties does not form a joint venture, partnership, or agency, or create any form of employment relationship.
12.5 Severability
Any clause of these Terms, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of these Terms.
12.6 No waiver except in writing
No part of these Terms will be deemed waived, and no breach excused unless such waiver or consent is provided expressly and in writing.
12.7 Governing law
The laws of the State of Queensland, Australia govern these Terms. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction in Queensland.
12.8 Assignment
(a) You cannot assign, novate or otherwise transfer any of your rights or obligations under these Terms or any Order without our prior written consent.
(b) We may assign, novate or otherwise transfer any of its rights or obligations under any contract arising from these Terms or any Order to a third party without your consent. If we reasonably require, you must sign any documents needed to give effect to this.
