Terms & Conditions of Website Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using this website, you signify your acceptance of these terms and conditions of use (“Terms”). For the purposes of these Terms:
“Goods” means all goods, machinery, test and measurement instruments, electronic parts or components sold by or through this website.
“Services” means our sales, parts, maintenance, instrument calibration and repair services.
“Us”, “Our” “Queensland Calibrations” and “We” refers to qldcalibrations.com.au and Queensland Calibrations Pty Ltd.
“You”, “Your” and “Customer” refers to you, the customer, visitor, website user or person using our website as relevant.
PROVISION OF SERVICES
Our Services are provided by professionals with the relevant expertise and experience required to perform the Services. Whilst we at all times try to ensure our final recommendations meet your requirements, we are reliant on the information provided by you and any additional discussions we may have to ensure we understand your requirements or the history of your equipment in order to be able to repair it.
PRICING AND AVAILABILITY
All prices listed on this website are in Australian dollars. Prices of our Goods and Services are subject to change without notice. All orders are subject to confirmation of price and availability. All charges will be processed in Australian dollars. We attempt to keep information on this website as current as possible, but if prices and availability change from time to time, qldcalibrations.com.au cannot accept responsibility.
Any estimate for Services we provide is not final and may be subject to change should the Goods be found to have additional issues or repairs that are unforeseen at the time of providing the estimate. All quotations and estimates we provide are governed by these Terms.
DELIVERY OF GOODS AND INSURANCE
At the Customer’s request, Queensland Calibrations will arrange packing and delivery of the Goods to the Customer utilising the carrier nominated by the Customer.
If the Customer fails to take delivery in accordance with this clause the Customer agrees to pay Queensland Calibrations for all storage and handling charges and other consequential loss or damage arising from that delay.
Queensland Calibrations is not responsible to the Customer for any damage to or loss of the Goods whilst being delivered to or from the Customer or a third party subcontractor. It is the Customer’s responsibility to arrange insurance for the Goods.
If there is any defect in the Goods upon delivery Queensland Calibrations must be notified by the Customer within 48 hours of delivery otherwise the Goods will be deemed to have been delivered in good order and condition and in full compliance with these Terms.
Goods may be delivered by reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Damaged or lost orders should be resolved with the courier company directly and we are not responsible for Goods that are damaged in transit or not received. We recommend you organise your own insurance for delivery and shipment of any Goods purchased.
All reasonable efforts will be made by Queensland Calibrations to complete and deliver the Goods within the time nominated to the Customer but time shall not be of the essence and no penalty or damages will be incurred by Queensland Calibrations for late delivery or failure to deliver the Goods or any part thereof due to:
- acts of God, strikes, lockouts, trade disputes, fire, breakdowns, interruption of transport, government action or any other cause whatsoever outside the Seller’s control; or
- any acts, omissions, neglect, or default of Queensland Calibrations, its employees or agents.
GOODS REQUIRING ASSEMBLY
Some of our products come with instructions for Customers to assemble and/or install themselves. We cannot guarantee that you have the technical ability to assemble our products and your results may vary from others.
Please ensure you read the enclosed instructions carefully before attempting any assembly. If you have any doubt, please make an enquiry to see if we can assist you.
Should you purchase any Goods which require assembly and begin to assemble it, you will not be able to return that kit for a refund. Should you have difficulties with assembly and damage the Goods, you may, in some cases, void any warranty. We are not responsible for any loss, damage or injury you cause to either the Goods or yourself as a direct or indirect result of your assembly of any Goods.
In the event you have received any Goods with missing, faulty or defective parts, please notify us within 48 hours of delivery. Once we deem the part faulty or defective, we will provide a replacement part but we do not provide installation service for any defective or faulty parts.
TECHNICAL SUPPORT AND ADVICE
We are dedicated to helping you with any of our Goods-related support problems you may have. In some instances we may be able to provide support for Goods purchased by you from our suppliers and these terms will also apply to any support or advice we may provide. By requesting such advice, you agree to these terms.
We provide this service and support in good faith and to the best of our ability. We will not require you to return the Goods if we are able to avoid it. However as we cannot control how you choose to apply any advice we may provide, we are not responsible and cannot be held liable for your reliance on our advice, how you choose to apply it or any loss, damage or injury you may suffer as a result of your actions and reliance on our support advice at any time.
We assume no obligation or liability for any recommendations, opinions or advice as to the choice, installation or use of the Goods. Any such recommendations, opinions or advice are given and shall be accepted at your own risk and shall not constitute any warranty or guarantee of such Goods or their performance.
PAYMENT, RETURNS AND REFUNDS
Payment must be made in full at the time of placing any order. We do not provide any credit terms and no cancellation is permitted after an order has been placed and payment processed.
We handle returns and process refunds in accordance with the Australian Consumer protection legislation. You must first contact us and prior arrangements must be made for any Goods to be returned for any reason. We ask that you contact us at 073890 8476 prior to sending any Goods to us to see if we can first provide troubleshooting or technical assistance. If the Goods are accepted for return then we will issue a notification in writing/email to confirm. Please note that no refund will apply in returned items where we have not confirmed our acceptance of return. Return shipping cost will also be the responsibility of the customer.
Any claim for Goods received which are defective, damaged, incorrect, missing parts or similar must be made within 48 hours of delivery.
All Goods must be returned in the same or similar packaging and include all parts and instructions as originally delivered with proof of purchase (‘Returned Goods’). The risk of any Returned Goods remains with the Customer until we receive the Returned Goods. Once we can confirm the Returned Goods are faulty, incorrectly supplied or defective, and the fault did not arise through misuse, abnormal or negligent use or storage, we will refund the cost of standard shipping of the original order and exchange the Returned Goods at no cost.
In the event the Customer returns Goods where no fault is found, the Returned Goods have been damaged or similar circumstances, the Returned Goods will be sent back to the Customer and the Customer will be liable for all fees in connection with testing and assessment of the Returned Goods as well as any shipping and associated costs.
Any breach of this term may disentitle the Customer to any consideration of any claim in our sole discretion.
Non-defective returns may be subject to a restocking fee up to 25% and such returns will be for store credit or refund at our sole discretion within 7 days of original invoice date. Please call us at 073890 8476 if you have any questions about which products are returnable, which products may be subject to a restocking fee or for an explanation of circumstances under which a restocking fee may be charged.
Some Goods may not be returned in some circumstances: where they are customized; have been acquired by special order for the Customer; or for other similar reasons. Please check directly with us prior to purchasing any specialised orders.
We do not provide refunds for change of mind or wrong orders and all other refunds, including any requests for credit, are made in the sole discretion of Queensland Calibrations.
Our products come with manufacturer warranties to the original owner against defects and in accordance with Australian Consumer law when the Goods are used for the purpose intended, under normal conditions and do not apply to damages caused by typical wear and tear over time, use, accident, unreasonable use, improper care, modifications, alterations or negligence. Some parts that are subject to normal wear and tear may require infrequent or regular replacement, depending on frequency of use and are not covered under any warranty terms. Please contact us if you are uncertain at any time regarding what may be covered under your warranty.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website and Services that you agree and accept that Queensland Calibrations is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any Goods or Services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Competition and Consumer Act
To the maximum extent permitted by law, we make no warranties or representations and the Customer releases Queensland Calibrations from all liability, any loss, claim, damage or injury suffered in connection with the supply of the Goods and provision of any Services.
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Queensland Calibration’s liability for any breach of a term of this agreement and any non-excludable warranty is limited to the maximum extent possible to: the supplying of the Goods or Services to you again; the replacement of the Goods; or the payment of the cost of having the Goods or Services supplied to you again.
You must be over 18 years of age to use this website and to purchase any Goods or Services.
Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
Our liability is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
If you are a consumer as defined in the ACL, the following applies to you: We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.
Subject to any non-excludable warranty or condition and to the maximum extent permitted by law, Queensland Calibrations’ aggregate liability for all claims relating to any Goods or Services whether in contract, tort, equity, under statute, under any indemnity, fundamental breach or any other basis is limited to an amount equal to the purchase price paid by the Customer. Queensland Calibrations is at no time liable to the Customer for any indirect, economic or consequential loss.
The Customer is entirely responsible for ensuring its equipment is calibrated and serviced at appropriate frequency regardless of any estimates or recommendations provided by us.
LINKS TO OTHER WEBSITES
qldcalibrations.com.au may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between qldcalibrations.com.au and the owners of those websites. qldcalibrations.com.au takes no responsibility for any of the content found on the linked websites.
qldcalibrations.com.au’s website may contain information or advertisements provided by third parties for which qldcalibrations.com.au accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
All our Goods come with instructions for use. You must familiarize yourself with the instructions of use prior to using any Goods. We are at no time responsible for any loss or damage, including but not limited to death or injury of any kind to any property or persons howsoever caused arising from the installation or use of the Goods whether such loss arises directly or indirectly.
If you do not follow the instructions, misuse or otherwise damage the Goods, you may void the warranty and it may no longer be relied upon.
To the fullest extent permitted by law, Queensland Calibrations absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Queensland Calibrations gives no warranty that the Goods or Services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of qldcalibrations.com.au to bear any entire costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
You may change your details at any time by advising us in writing via email. All information we receive from our Customers, is protected by our secure servers. qldcalibrations.com.au’s secure server software encrypts all Customer information before it is sent to us. Furthermore, all of the Customer data qldcalibrations.com.au collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
Queensland Calibrations does not and will not sell or deal in personal or Customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting Customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.
DISCLOSE YOUR INFORMATION
Queensland Calibrations may be required, in certain circumstances, to disclose information in good faith; by law or by any court; to enforce the terms of any of our Customer agreements; or to protect the rights, property or safety of our Customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of qldcalibrations.com.au. We expressly exclude and do not permit you to use or access our website, to download any documents or information from our website or obtain any such documents or information through a third party. If you breach this term then we will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. Queensland Calibrations reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
Queensland Calibrations expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Queensland Calibrations’ rights and obligations to each other.
These Terms represent the whole agreement between you and Queensland Calibrations concerning your use and access to our website, Services and your use and access to the information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
This agreement and this website are subject to the laws of Queensland. If there is a dispute between you and Queensland Calibrations that results in litigation then you agree to submit to the jurisdiction of the courts of Queensland.