- Agreement
By using the HVACTOOLS.com.au website (and App and mobile site) and our social media pages (“Website”) you accept these terms and conditions (“Agreement”) and our Privacy Policy. This Agreement is between you and HVACTOOLSs (referred to in this Agreement as “we”, “us” or “our”). We may change these terms at any time, and changes will be posted on the Website. By continuing to use the Website, you agree to be bound by the changes.
- Legal Capacity
By accepting this Agreement, You acknowledge that You are over the age of eighteen (18) years, have a current Australian residential/physical address and have capacity to enter into a legally binding agreement with us.
- Price and Payment
3.1 Prices displayed on the Website are shown in Australian dollars. Are subject to change without notice. Once an Order has been accepted by Us and a Contract formed under Clause 6, the price of the Product cannot be varied except, by agreement between You and Us in writing or by email
3.2 All prices listed on the Website includes Free Shipping on orders over $100 to an Australian address
3.3 All payments must be received in full prior to dispatch of goods or a voucher being issued. If your payment is not received or is declined by us, your bank or credit card issuer, we cannot and will not hold items against your order.
3.4 Any coupon code is only valid for a single transaction and may not be used in conjunction with any other discounts/coupons.
- DELIVERY AND RISK
4.1 Once payment is received in full, the goods will leave our warehouse within 1-2 business days
4.2 We will use our best endeavours to meet stated timeframes for delivery, however, from time to time particularly during busy periods, our shipping service providers may suffer delays beyond our control.
4.3. Risk of any loss, damage or deterioration of or to the Goods passes to and shall be borne by the Customer from the delivery date.
TERMS AND CONDITIONS OF SALE
- LIABILITY
5.1. HVACTOOLS shall not be liable for any loss of profits or any consequential, indirect or special loss, damage or injury of any kind whatsoever suffered by the Customer arising directly or indirectly from any breach of HVACTOOLS obligations arising under or in connection with the Contract or from any cancellation of the Customer’s Order or from any negligence, misrepresentation or other act or omission on the part of HVACTOOLS, its servants, agents or contractors nor shall HVACTOOLS be liable for any loss, damage or injury caused to the Customer’s servants, agents, contractors, customers, visitors, tenants, trespassers or other persons whomsoever (whether similar to the foregoing or not) arising as aforesaid. The Customer indemnifies HVACTOOLS against any claim by any of the foregoing persons in respect of any loss, damage or injury arising as aforesaid.
5.2. HVACTOOLS makes no representations as to:
5.2.1. Product regulatory or medical approval for any particular product in any particular jurisdiction, the onus of determining which lies solely with the Customer.
5.2.2. The suitability of the Goods for any particular application to which they may be put by the Customer the onus of determining which lies solely with the Customer.
5.3. HVACTOOLS gives no warranty of fitness or suitability of the Goods for the Purchaser’s uses thereof, save as may be necessarily implied by law of the jurisdiction in which the order is accepted by HVACTOOLS.
5.4. Notwithstanding anything contained in this Paragraph or elsewhere in these Terms, the liability of HVACTOOLS in respect of all claims for loss, damage or injury arising from breach of any of HVACTOOLS obligations arising under or in connection with the Customer’s Order, from any cancellation of the Order or from any negligence, misrepresentation or other act or omission on the part of HVACTOOLS, it’s servants, agents or contractors shall not in aggregate exceed the invoice price of the Goods being the subject of the claim.
5.5. HVACTOOLS gives no warranty of suitability or fitness for such purpose(s) or application(s). HVACTOOLS is bound only by warranties, if any, implied or specified by law out of which it may not contract. To the extent that any Goods may be defective, the limit of HVACTOOLS liability shall be for the replacement cost of the defective Goods. For the avoidance of doubt: in no circumstances will HVACTOOLS be responsible for further costs relating to faulty goods.
5.6 All claims for defective Goods must be lodged with HVACTOOLS via email to info@hvactools.com.au. All claims by the Customer must be lodged within writing within 30 days of delivery of the Goods and shall otherwise be null and void. No claim shall be allowed in respect of Goods which have been damaged in delivery to, or storage by on behalf of, the Customer.
- CONTRACT
6.1. These terms and conditions form a contract once the Customer places its order, and shall apply to all Orders placed with HVACTOOLS by the Customer for Goods to the exclusion of all other terms PROVIDED THAT HVACTOOLS reserves the right to amend these terms and conditions, and such amendments shall bind Customers for all future orders upon being posted on the website of HVACTOOLS.
6.2. In the case of any conflict between an order submitted by the Customer and HVACTOOLS confirmation of order and these terms and conditions, HVACTOOLS confirmation of order and these terms and conditions shall prevail.
- AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 1999
7.1. Nothing in these terms shall affect the rights (if any) of the Customer under Schedule 2 of the Competition and Consumer Act 2010 or the Fair Trading Act 1999.
7.2 The Customer shall not, in relation to the supply of any Goods by the Customer to a third party, give or make any undertaking, assertion or representation in relation to the Goods without the prior approval in writing of HVACTOOLS, and the Customer shall indemnify HVACTOOLS against any liability or cost incurred by HVACTOOLS as a result of any breach by the Customer to this provision, and from all claims debts actions costs and liabilities whatsoever and howsoever arising from any product liability claim or the like against the Customer by a third party once the Goods have been used in the Customer’s application or blended or otherwise incorporated in the Customer’s product.
- PRIVACY ACT 1988
The Customer acknowledges that it has read the Privacy Act Statement posted by HVACTOOLS on its website, and agrees that it places this order freely in the full knowledge thereof.
- GENERAL
9.1. All the original rights, powers, exemptions and remedies of HVACTOOLS shall remain in force notwithstanding any neglect, forbearance or delay in their enforcement. HVACTOOLS shall not be deemed to have waived any condition unless such waiver is in writing from HVACTOOLS and any such waiver shall apply to operate only in a particular transaction, dealing or matter.
9.3. The Customer is not entitled to assign all or any of the Customer’s rights or obligations under the Contract without the prior written consent of HVACTOOLS. Consent may be given by HVACTOOLS at its sole discretion.
9.4. The obligations of HVACTOOLS are to be suspended during the time and to the extent that HVACTOOLS is prevented from or delayed in complying with those obligations by Force Majeure.
9.5. The Contract shall in all respects be deemed to be a contract made in the state of Victoria and the construction, validity and performance of the Contract shall be governed by the law of that State.
10: DEFINITIONS
10.1. In these conditions:
“Customer” means the party ordering the Goods from HVACTOOLS.
“Contract” means the contract between HVACTOOLS and the Customer for the ordering of Goods as defined in Paragraph 6 above.
“Contract Date” means: the date of the acceptance of the order by HVACTOOLS
“Force Majeure” means any circumstance beyond the control of Infrared Thermometers which occurs without delay or negligence of HVACTOOLS and include but is not limited to, inevitable accident, storm, flood, fire, earthquake, explosion, peril of navigation, hostility, war, insurrection, strike, lockout or other labour difficulty, administrative order or act either general or of particular application of any government whether de jure or de facto or of any official purporting to act under the authority of that government, prohibition or restriction by domestic or foreign laws regulations or policies, quarantine or customs restrictions, break down or damage to or confiscation or property.
“Goods” means the Goods, machinery or equipment being purchased by the Customer from HVACTOOLS which are the subject of the Contract.