BATTERY SPECIALTIES AUSTRALIA USER AGREEMENT AND DISCLAIMER
Access to and use of this site are subject to the following terms and conditions and all applicable laws.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
BATTERY SPECIALTIES AUSTRALIA is comprised of the following business entities; Battery Specialties (Aust) Pty Ltd (98 008 168 661), Battery Specialties (NSW) Pty Limited (74 050 992 017) and Battery Specialties VIC/TAS (64 168 886 397).
Access to and use of this site are subject to the following terms and conditions and all applicable laws. Please review these terms and conditions on a periodic basis, as they are subject to modification, alteration, or update at any time and at the sole discretion of BATTERY SPECIALITIES AUSTRALIA. If you do not agree to any term or condition, you should not use this site.
1. COPYRIGHT NOTICE.
This World Wide Web site and all of its content, including but not limited to the text and images used herein and their arrangement, is copyright 2014 BATTERY SPECIALITIES AUSTRALIA.
2. TRADEMARKS NOTICE.
BATTERY SPECIALITIES AUSTRALIA, and all other names, businesses, and products referenced herein are trademarks or registered trademarks. All other products and company names referenced herein, if any, may be the trademarks of their respective owners. BATTERY SPECIALITIES AUSTRALIA does not authorize the use of any trade name, trademark, registered trademark, logo, or any copyrighted material referenced herein for any purpose whatsoever, including non-commercial applications.
3. RESTRICTIONS ON USE.
No permission is granted for use the materials, information, text or graphics, and/or to hyperlink other Web Sites with this Web Site, or to use the materials on your Web Site in any way or for any reason without prior specific authorization from BATTERY SPECIALITIES AUSTRALIA.
BATTERY SPECIALITIES AUSTRALIA reserves all rights not expressly granted herein.
4. THIRD PARTY SITES.
BATTERY SPECIALITIES AUSTRALIA may from time to time provide links and pointers to Internet sites maintained by third parties ("third party sites") and it may from time to time provide materials from third parties on this Web Site. These third party sites and any third party materials are provided for your convenience only. BATTERY SPECIALITIES AUSTRALIA does not operate or control in any respect any information, products or services available on these third party sites and BATTERY SPECIALITIES AUSTRALIA is not responsible for their content. BATTERY SPECIALITIES AUSTRALIA makes no representations whatsoever concerning the content of these sites and the fact that BATTERY SPECIALITIES AUSTRALIA has provided a link to such sites is NOT an endorsement, authorization, sponsorship, or affiliation by BATTERY SPECIALITIES AUSTRALIA with respect to such sites, its services, the products displayed, its owners, or its providers. You access these sites at your own risk.
There are certain risks in using any information, software, or products found on the Internet; and BATTERY SPECIALITIES AUSTRALIA cautions you to make certain that you completely understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet.
Visitors to this Web Site assume all responsibility and risk for the use of this Web Site. Information published on this Web Site is provided without charge as a convenience to visitors, to be used for informational purposes only. NOTHING IN THIS WEB SITE CONSTITUTES A RECOMMENDATION OR ENDORSEMENT OF ANY ITEM, PRODUCT OR BRAND.
ALTHOUGH REASONABLE CARE HAS BEEN TAKEN WITH REGARD TO THIS SITE'S CONTENT, BATTERY SPECIALITIES AUSTRALIA DOES NOT WARRANT OR REPRESENT THAT THIS SITE'S CONTENT IS ACCURATE, COMPLETE, OR UP-TO-DATE, NOR DOES IT WARRANT OR REPRESENT THAT ACCESS TO AND USE OF THIS SITE OR THE SERVER WHICH MAKES IT AVAILABLE WILL BE UNINTERRUPTED, ERROR-FREE, AND FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT OF THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS FOR WHICH BATTERY SPECIALITIES AUSTRALIA ASSUMES NO RESPONSIBILITY.
ALL OF THE MATERIALS PROVIDED HEREIN, INCLUDING ALL OF THE MATERIALS AVAILABLE ON THIRD PARTY SITES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BATTERY SPECIALITIES AUSTRALIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
6. LIMITATION OF LIABILITY.
BATTERY SPECIALITIES AUSTRALIA is not responsible for any infections, contaminations, delay in operation or transmission, line failure, errors, omissions, interruptions, or defects arising out of your use of this site or with respect to the material provided and/or contained on this site.
In no event shall BATTERY SPECIALITIES AUSTRALIA be liable for any special, direct, indirect, incidental, or consequential damages, or any other damages of any kind, resulting from whatever cause, including but not limited to loss of use, loss profits, or loss of data, whether in an action under theories of contract, negligence, strict liability, or otherwise, arising out of or in any way in connection with the use of or inability to use the information or materials on, or accessed through, the BATTERY SPECIALITIES AUSTRALIA Web Site.
Notwithstanding the above, in no event shall BATTERY SPECIALITIES AUSTRALIA’s total liability to you for any and all claims, damages, losses, and causes of action exceed the amounts paid to BATTERY SPECIALITIES AUSTRALIA by you in connection with the transaction claimed by you to give rise to your claim.
7. COMMUNICATIONS AND SUBMISSIONS.
In order to serve our customers better, all new customers are available to be contacted in regards to special and other exiting industry & company related news. If customers do not wish this to occur, it is your responsibility to advise us of your wishes.
You may post reviews, comments, and other content, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of Spam. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. BATTERY SPECIALITIES AUSTRALIA hereby reserves the right (but not the obligation) to remove or edit content for any reason at its sole discretion.
By transmitting or posting any Submissions to BATTERY SPECIALITIES AUSTRALIA or to this Web site you grant BATTERY SPECIALITIES AUSTRALIA and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use the content of such Submissions for any purpose, including, but not limited to, the rights to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You also grant BATTERY SPECIALITIES AUSTRALIA and its affiliates and sublicense the right, at their sole discretion without obligation to do so, to use the name that you submit in connection with such content. You further agree that the license granted herein includes all of the rights to use or authorize the use of any ideas, concepts, know-how or techniques contained in such Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products or services incorporating such information.
You represent and warrant that you own or otherwise control all of the rights to the content of your Submissions; that the content is accurate; that use of the content you supply does not violate any terms of this User Agreement and will not cause injury to any person or entity; and that you will indemnify BATTERY SPECIALITIES AUSTRALIA or its affiliates for all claims resulting from content you supply. You agree that neither BATTERY SPECIALITIES AUSTRALIA nor its licensees will be liable to you for any use of any Submission. BATTERY SPECIALITIES AUSTRALIA has the right but not the obligation to monitor and edit or remove any activity or content.
You acknowledge and agree that you are solely responsible for any Submissions you submit to BATTERY SPECIALITIES AUSTRALIA or this Web site and further agree that you, not BATTERY SPECIALITIES AUSTRALIA, have full responsibility for the content of any such Submissions, including their legality, reliability and appropriateness.
8. JURISDICTION AND CHOICE-OF-LAW.
BATTERY SPECIALITIES AUSTRALIA operates this Web Site from its offices located across Australia. BATTERY SPECIALITIES AUSTRALIA makes no representations that the materials in this site are appropriate or available for use in other locations. Those who choose to access this Web Site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.
This agreement, and any dispute, which arises from and out of this Web Site, shall be construed with the laws of the state of New South Wales. Any legal action regarding this agreement or this Web Site shall be brought only in either the State or Federal Courts and by using this site you consent to personal jurisdiction within these courts.
If you have any questions regarding any portion of this Agreement, or if you wish to inquire, regarding rights of use not explicitly granted herein, please direct questions to your local BATTERY SPECIALITIES AUSTRALIA branch.
BATTERY SPECIALITIES AUSTRALIA or you may terminate this Agreement at any time. You may terminate this Agreement by destroying all materials obtained from this Web Site. BATTERY SPECIALITIES AUSTRALIA may terminate this Agreement immediately without notice if, in its sole judgment, you breach any term or condition of this Agreement. Upon termination, you must destroy all materials obtained from this Web Site.
This agreement constitutes the entire Agreement between you and BATTERY SPECIALITIES AUSTRALIA and supersedes any prior oral or written arguments, understandings, or other communications between parties. This Agreement may not be modified except in writing signed by both you and an authorized signatory of BATTERY SPECIALITIES AUSTRALIA.
12. ORDER CANCELLATION.
BATTERY SPECIALITIES AUSTRALIA reserves the right to cancel any order at any time for any reason. In the case of cancelling an order that has been fully paid, BATTERY SPECIALITIES AUSTRALIA will refund the purchase amount in full.
13. DELIVERY OF GOODS
BATTERY SPECIALITIES AUSTRALIA delivers Australia Wide using Star Track Express, Northline, Toll Ipec, APD and Australia Post.
Freight charges depend on the delivery location and the goods to be shipped. Details on shipping charge will be provided during the shopping cart check out process. Shipping cost on the website is for Australia wide only. We do not ship outside of Australia.
Delivery times may vary depending on your location, and whether the item/s ordered are in stock. BATTERY SPECIALITIES AUSTRALIA aims to have all goods delivered between 2-10 business days.
If your order is unable to be shipped within 48 hours due to an item not being in stock, you will receive an email notification indicating that the product is now on back order and an ETA advised. If at any time you want to cancel an order which is on back order, please contact your local BATTERY SPECIALITIES AUSTRALIA branch. We will ship all in-stock items within one business day.
Standard Delivery: (available for all orders any weight).
Your order will be dispatched by standard shipping method, normally within 48 hours of order placement.
Depending on item and delivery address we will send the order using (but not limited to) the following courier companies: Star Track Express, Northline, Toll Ipec, APD and Australia Post.
All deliveries are made during normal business hours.
If there is no one available to sign for the delivery the delivery will be returned to the nearest appropriate depot and it is then the receivers responsibility to pick up from that depot. No redeliveries will be made. If the ordered item is not picked up within 5 days the item will be returned to BATTERY SPECIALITIES AUSTRALIA and a redelivery charge will apply
Failure to report an undelivered order within 21 days from date of notification of dispatch will deem the order complete in full.
(Excludes small items that fit in a standard letter box)
Collection: (available for all orders any weight).
Your order will be held for your at your nearest BATTERY SPECIALITIES AUSTRALIA branch, for collection. The branch that processed your order will be identified on your Tax Invoice.
Collection of goods will be available 24 hours form placement of that order.
Upon collection you may be asked to provide a copy of your Tax Invoice, the credit card used to make the purchase and/or some form of photographic identification.
Failure to collect orders within 14 days from placement of order will result in the goods being re-stocked by BATTERY SPECIALTIES AUSTRALIA. Customers will be required to complete a RETURNS FORM in order to be eligible for a refund for uncollected goods. Re-stocking fees will apply.
If you have any queries regards shipment or collection of an order please contact your local BATTERY SPECIALITIES AUSTRALIA branch.
14. WARRANTY & RETURNS FOR CREDIT
General Advice Warning
Any advice provided verbally or written by BATTERY SPECIALITIES AUSTRALIA is based on information provided by you the customer at the time of purchase, and is of a general nature. It should not take the place of professional advice from an accredited person authorized to offer said advice.
You the customer must decide if the product and/or information is suitable to your application and/or personal situation. Prior to purchasing any particular product, you should investigate the products suitability. Once purchased, you agree the item is suitable and correct for your application based on your own due diligence.
Returns for credit policy
We carefully inspect all items for visible defects prior to shipping. We strongly suggest you personally inspect the items upon receipt of your order for any damage or visible defects, and notify us without delay. Products to be returned for credit must be returned in as new condition with all packaging and re-saleable as new.
If within 14 days you are dissatisfied for any reason with your products, you may return your purchase for a refund of the merchandise value. Refunds on shipping and handling are credited only if the wrong product was shipped, the product was damaged, or shipped incorrectly and the error was ours.
Otherwise, shipping charges are non-refundable. We cannot be held liable for any items lost in the mail.
Please use a secure and insured delivery service when returning an order. BATTERY SPECIALITIES AUSTRALIA cannot accept responsibility for items not received.
Please return your order, along a completed RETURNS FORM HERE with a copy of your Invoice.
You are responsible for the cost of shipping the product back to us. Please return to the dispatch location, indicated on your Tax Invoice.
If approved, BATTERY SPECIALITIES AUSTRALIA will choose to issue your refund by Cheque, Cash or Direct Deposit.
If you have any queries regarding an item return for credit please contact your local BATTERY SPECIALITIES AUSTRALIA branch.
Warranty Against Defects
BATTERY SPECIALITIES AUSTRALIA sells a wide variety of products, many of which come with a warranty against defects provided by the manufacturer of the product. The product purchased by you is warranted against defects under the terms of the manufacturer’s warranty, if any, displayed on or provided with the product.
However, if there is no manufacturer’s warranty or if that warranty does not comply with Australian law, BATTERY SPECIALITIES AUSTRALIA provides a warranty against defects for 12 months from date of purchase on the following terms.
To make a claim, return the product, a completed "Returned Goods Form" and copy of your invoice.
Please use a secure and insured delivery service when returning an order.
BATTERY SPECIALITIES AUSTRALIA cannot accept responsibility for items not received.
You are responsible for the cost of shipping the product back to us. Please return to the dispatch location, indicated on your Tax Invoice.
For valid claims, BATTERY SPECIALITIES AUSTRALIA will replace the product free of charge. The warranty excludes defects from after sale damage, neglect, abuse or incorrect installation. You bear the transportation costs to the BATTERY SPECIALITIES AUSTRALIA store location.
The benefits of this warranty are in addition to any other rights and remedies available at law. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss of damage.
You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
15. RESTOCKING FEE
If you wish to cancel an order or return an item to BATTERY SPECIALITIES AUSTRALIA, please be aware that a cancellation & / or restocking fee may apply.
It would apply when a product is not normally a stocked item.
In most instances, the restocking fee is 15% of the item price.
For further information about Restocking Fees please contact your local BATTERY SPECIALITIES AUSTRALIA branch.
16. SPECIAL ORDER ITEMS
When your order an item from BATTERY SPECIALITIES AUSTRALIA that is a Special Order Item, BATTERY SPECIALITIES AUSTRALIA is unable to offer a refund, so please research and take your time when making your choice to avoid any inconvenience at a later date.
For further information about Special Order Items please contact your local BATTERY SPECIALITIES AUSTRALIA branch.
Website pricing is subject to change without notice.
Any Quotation provided by email will be firm for 30 days from date of Quotation unless stated otherwise on the email.
All pricing includes GST unless otherwise stated.