1. General
This
Agreement is a legally binding contract between the entity named on the
invoice (the Customer) and MAD Electronics Pty Ltd (ABN 74 098 255 102)
(“MAD Electronics”) & madelectronics.com.au.
MAD
Electronics agrees to supply the Customer goods and/or services subject
to the terms and conditions set out in this Agreement. The Customer, in
placing a bid with MAD Electronics for the goods specified in the
listing, acknowledges agreement with these terms and conditions.
All
goods and services are supplied on these terms and conditions only.
Previous dealing shall not vary or negate these terms and conditions in
any respect.
All
sales shall be deemed made in the state of New South Wales of Australia
regardless of the location of the Customer. Any dispute with MAD
Electronics shall be brought by the Customer exclusively in the state
or federal courts situated in the State of New South Wales.
2. Orders
The
Customer shall order goods from MAD Electronics via eBay. Each listing
will specify: the date of the purchase; the good(s) ordered and
descriptions thereof; an estimated delivery date; price, tax and
delivery and handling charge; and terms and conditions in addition to
this Agreement and eBay rules.
Please ensure that care is taken when bidding. MAD Electronics’s terms are payment before delivery.
To
minimise errors and improve efficiency, the Customer is required to
submit their details in relevant fields in the order confirmation page
in MAD Electronics’s on-line system.
3. Payment
Payment
terms in respect of each order are strictly Cash Before Delivery (CBD).
MAD Electronics shall issue the Customer with an invoice upon delivery
of the goods.
The
Customer is obliged to complete the transaction, i.e. pay for the
goods, within 14 days from, and inclusive of, the date of receipt of
the email notification issued following the end of sale. At the end of
the 14 days, the Customer will be considered as a non-paying buyer
where the case will be reported to eBay and negative feedback will be
left.
4. Prices and Taxes
All
prices are in Australian dollars and are inclusive of GST unless
otherwise stated. MAD Electronics reserves the right to make
adjustments to information or pricing with or without notice due to
typographical errors, market fluctuations, manufacturers price changes
etc that may occur at any time.
5. Order Cancellations and Limitation of Liability
The
Customer may not alter, change of address inclusive, or cancel an order
without MAD Electronics’s prior written consent. Approved order
alteration and cancellations shall be subjected to a service/restocking
charge of up to 10% of the purchase price or A$25 whichever is higher
to indemnify MAD Electronics against any loss, damage and expense
incurred in relation to the alteration or cancellation of that order.
Orders cannot be altered or cancelled once goods have been despatched.
MAD
Electronics shall not be liable in any way for any loss or damage
(including loss of trade or profit and economic loss) incurring to the
Customer in the event that delivery or supply of the goods or services
ordered is frustrated or delayed by any circumstances beyond the
reasonable control of MAD Electronics. Under such circumstances, MAD
Electronics shall be entitled at its option to either extend the time
for delivery until a reasonable period after such cause has ceased or
to terminate the sale and in neither case shall the Customer have any
claim for loss or damage against MAD Electronics.
MAD
Electronics shall be entitled to cancel or suspend an order for goods
or services, without liability to the Customer, by giving the Customer
notice in writing.
6. Warranty
MAD
Electronics warrants that the new product(s) the Customer purchased is
free from manufacturing defects in material and workmanship when
despatched from MAD Electronics’s warehouse for the period specified in
accordance with the warranty type shown in the listing on eBay.
The
invoice is the proof of purchase and the warranty period commences as
of the date on the invoice. This warranty extends only to the original
purchaser and is non-transferable except with the express prior consent
of MAD Electronics in writing. No warranty claim will be accepted
without a proof of purchase
The
Customer has to contact MAD Electronics’s Technical Support (TS) for
manufacturer’s details and warranty policies for products with any kind
of manufacturer warranties. They shall contact the manufacturer of the
product for all warranty services to be carried out within the warranty
period. MAD Electronics may help to arrange manufacturer warranty
service with additional handling cost $30 per item.
For
Dead on Arrival (D.O.A.) products that come with MAD Electronics
repair/replacement warranty, the Customer must notify MAD Electronics
within 14 Days of receiving the goods; claims after this period will be
rejected by MAD Electronics. A replacement will be given in place of
the D.O.A. item.
For
all MAD Electronics repair/replacement warranty, a Return Authorization
(R.A.) number must be obtained from MAD Electronics in the event that
goods are to be returned for warranty. Before initiating a warranty
service, the Customer has to prepare the product name or model number;
full serial number; contact address, email, and telephone number(s);
detailed description of the fault; and the invoice. The goods should be
considered as fragile in transit thus should be packed with their
original packaging. MAD Electronics shall have no liability for any
damage caused during or as a result of transit.
Where
agreed, non-faulty goods for return must be in an unsoiled, undamaged
and fully resaleable condition in their original packing – damage to,
or markings on the original packaging may deem the goods unsaleable;
return claim will be rejected and rebate and refund will not be issued
if failing to comply in any way. MAD Electronics is also unable to
accept software for return if the package, including the plastic wrap,
has been opened in any way. Returned goods shall be subjected to an
inspection and re-stocking charge of up to 30% of the purchase price or
A$50 whichever is higher to indemnify MAD Electronics against any loss,
damage and expense incurred in relation to the cancellation of that
order.
It
is the Customer’s responsibility to ensure the R.A. number is shown
prominently on the outside of the package. Otherwise, the package will
not be processed and will be returned at the Customer’s cost.
During
the warranty period MAD Electronics will, at no additional charge and
subject to the terms herein, repair, or at its option replace, any of
the goods which in its opinion are defective because of faulty
materials or workmanship with new or serviceable parts that are
equivalent to new parts in performance. Were the same item is
unavailable the Company reserves the right to substitute with a similar
item. All replaced or exchanged parts which are removed under this
warranty will become the property of MAD Electronics.
MAD
Electronics will not bear any postage cost for the return of goods to
our base. Cash on Delivery (C.O.D.) returns will not be accepted.
Customer will be provided with Post Office Reply Paid Service detials
for the case of D.O.A., Major Faulty and wrong despatch. If MAD
Electronics agrees to pay for an item to be returned, it is at MAD
Electronics’s sole discretion to select a postage method. Postage costs
are non-refundable.
All items must be returned to MAD Electronics within 10 days from the release of the R.A. number.
A
service fee of up to A$50.00 will apply if any goods are returned for
warranty with no fault found and the goods will be returned to the
Customer at their cost.
This
warranty or a claim made under it may be refused if the defect claimed
has arisen for reasons other than faulty or defective parts or
workmanship. Circumstances in which a warranty claim may be invalidated
include, but are not limited to, the following:
a) The
product is damaged by accident; misuse or abuse, including failure to
properly maintain or service; normal wear and tear; incomplete or
improper installation; incorrect, improper or inappropriate operation;
insect or vermin infestation;
b) The product is modified without MAD Electronics’s written authorization;
c) The product’s serial number or warranty seal has been removed or defaced;
d) The product was serviced or repaired by non-MAD Electronics technicians;
e) A claim for missing software or accessories was not reported within 48 hours upon receipt.
Compatibility
and change of mind are not included in this warranty; no refund will be
given for non-compatible products (except otherwise stated in the
listing as compatible) or where the Customer changes their mind.
7. Delivery
Unless
the contract specifies the means by which goods are to be transported,
MAD Electronics will choose the means of transport, the cost of which
will be included in postage and handling charges. Unless otherwise
agreed by MAD Electronics and the Customer in writing, delivery of the
goods will be made to the Customer’s nominated address.
All
Australian orders should include a daytime delivery address and contact
details. Large orders and bulky items are unable to be delivered to
Post Office (PO) Box numbers.
International
orders are traceable to the point where they have left Australia. The
deliveries of these orders are subsequently reliant on overseas postal
services. MAD Electronics will provide as much assistance as possible
in tracing misdirected items but cannot be responsible for items lost
by overseas postal services.
All
international orders the order may be subject to local Customs duties
and/or local taxes in the country of destination. It is the Customer’s
responsibility to check with their local authority to ascertain
applicable rates. Any additional charge must be borne solely by the
Customer.
Delivery
period is specified on the auction page. All quoted delivery or
consignment dates are estimates only. MAD Electronics is not obliged to
meet such dates and will not be liable to the Customer by reason of
delays caused by any reason whatsoever.
If
the Customer fails or refuses to take delivery of the goods, the
Customer shall be liable for all loss and damage (including
consequential loss and damage) suffered or incurred by MAD Electronics
as a result thereof, including all storage and handling costs and MAD
Electronics, at its discretion, may charge a restocking fee of up to
30% of the purchase price or $50 whichever is higher. Goods will be
resent at the Customer’s own cost.
If
the Customer requests MAD Electronics to postpone delivery of the goods
beyond the delivery date specified in the quote and/or the invoice, MAD
Electronics may agree to do so and charge the Customer an additional
fee for direct costs of postponement and storage.
MAD
Electronics is deemed to have delivered the goods when the goods are
actually delivered to the delivery point nominated by the Customer, or
where delivery to the delivery point is not made to reasons which are
the responsibility of the Customer (e.g. where courier left delivery
card at the Customer’s mailbox), the date when delivery would have been
effected.
Any
claim for shortage in supply or damage to the goods ordered must be
notified to MAD Electronics within 48 hours of receiving the goods;
claims after this period will be rejected by MAD Electronics.
8. Freight and Handling
MAD
Electronics shall ensure each order is safely and securely packed for
transportation to the Customer having regards to: the fragility of the
goods; the distance the goods are likely to travel; and the method of
transportation used to transport the goods.
Freight
charges are calculated on the basis of weight, location of delivery and
insurance charges which vary depending on the value of the product. All
freight charges are the responsibility of the customer which are
included in the postage and handling charges. The goods shall be at the
customers’ risk from the date of despatch. MAD Electronics is not
responsible for any loss or damage:
a) To the goods during loading and unloading of the goods by the carrier or the Customer, whilst the goods are in transit;
b) Suffered by the Customer due to a delay in delivery of the goods by MAD Electronics’s nominated carrier.
Freight
insurance for loss and damage to the goods during loading/unloading and
whilst in transit or otherwise is inclusive in the delivery and
handling charges. MAD Electronics shall at the Customer’s request
provide the Customer with copies of all documents evidencing proof of
collection by the nominated carrier.
9. Disclaimer
Considerable
care has been taken in the preparation of all materials to ensure that
errors and omissions are limited. Even with the greatest care
inaccuracies do occur and MAD Electronics is therefore not responsible
for such errors or omissions. All information provided on this site is
subject to change without notice. Photographs and graphics are used for
representational purposes only and may not be the exact product or
configuration as described. MAD Electronics disclaims all warranties,
express or implied, including any warranties of accuracy,
non-infringement, merchantability and fitness for a particular purpose.
The Customer assumes total responsibility for their use of MAD
Electronics’s materials. The Customer’s sole remedy against MAD
Electronics for dissatisfaction with the site or any content is to stop
using the site or any such content. This limitation or relief is a part
of the bargain between the parties.
The
above disclaimer applies to any damages, liability or injuries caused
by any failure of performance, error, omission, interruption, deletion,
defect, delay in operation or transmission, computer virus,
communication line failure, theft or destruction of or unauthorized
access to, alteration of, or use, whether for breach of contract, tort,
negligence or any other cause of action.
MAD Electronics reserves the right, at its sole discretion, to do any of the following at any time:
(a) To change, modify, add or remove portions of these terms and conditions, at any time;
(b) To modify, suspend or terminate operation of or access to the site or part thereof for any reason;
(c) To modify or change the site or part thereof and any applicable policies or terms; and
(d) To
interrupt the operation of the site, or any portion of the site, as
necessary to perform routine or non-routine maintenance, error
correction, or other changes.
It
is the Customer’s responsibility to check these terms and conditions
periodically for changes. Continued use of MAD Electronics’s website
and orders of goods following the posting of changes will mean that the
Customer accepts and agrees to the changes.
10. Governing Law
These
terms and conditions are in addition to and do not replace any terms,
conditions, and warranties implied by federal and state laws of New
South Wales.
March 2005
March 2005
