FLUKE AUSTRALIA PTY LTD. - ONLINE ECOMMERCE TERMS AND CONDITIONS OF SALE
THESE TERMS CONTROL THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT (i) IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANISATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANISATION OR COMPANY TO THESE TERMS OR (ii) IF YOU PLACE AN ORDER ON YOUR OWN BEHALF, YOU ARE DOING SO FOR PURPOSES RELATED TO YOUR TRADE, BUSINESS OR PROFESSION.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (i) DO NOT AGREE TO THESE TERMS, (ii) ARE NOT THE OLDER OF (A) AT LEAST 18 YEARS OF AGE OR (B) LEGAL AGE TO FORM A BINDING CONTRACT WITH FLUKE, (iii) FOR PURPOSES NOT RELATED TO YOUR TRADE, BUSINESS OR PROFESSION OR (iv) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these “Terms”) apply to the purchase and sale of products and services by Fluke Australia Pty Ltd. (referred to as “Fluke”, “us”, “we”, or “our” as the context may require) through shop-anz.fluke.com. These Terms are subject to change by Fluke without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the later between any last updated date referenced on the Site and the date of revision of these Terms specified above. You should review these Terms prior to purchasing any product or services that are available through the Site. Your continued use of the Site will constitute your acceptance of and agreement to such changes.
SHIPMENTS; DELIVERY; TITLE AND RISK OF LOSS. (a) We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges unless otherwise specified in our order confirmation. (b) International deliveries shall be Ex Works (EXW) (Incoterms 2010). Title and risk of loss shall pass to you when products are delivered to the first carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
PRICES AND PAYMENT TERMS. (a) All prices, discounts, and promotions posted on the Site are subject to change without notice. The price charged for a product or service will be the price advertised on the Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. (b) You represent and warrant that (i) debit card, credit card or other payment information you supply to us is true, correct and complete, (ii) you are duly authorised to use such information for the purchase, and (iii) charges incurred by you will be honoured by your debit or credit card company, or orther payment service provider, and (iv) you will pay all charges advised by Fluke at the time of purchase, including shipping and handling charges and all applicable taxes.
CANCELLATION. You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. Orders may not be canceled or rescheduled after thirty (30) minute of payment process. Fluke will provide written consent subject to cancellation or reschedule charges.
RETURNS FOR EXCHANGE. Except for any products designated on the Site as non-returnable, we will accept a return of the products in exchange for a credit to be used on the Fluke Australia online site, less any original shipping and handling costs, provided such return is made within 7 days of delivery with valid proof of purchase and provided such products are returned as unused and in their original undamaged and unmarked packaging. To return products, you must e-mail firstname.lastname@example.org to obtain a return merchandise authorisation (”RMA”) number before shipping your product. No returns of any type will be accepted without an RMA number.
You are responsible for all shipping and handling charges on returned items unless otherwise specified. You bear the risk of loss during shipment. Returns are processed within approximately 15 business days of our receipt of your product. Your return for exchange voucher will be issued to you and valid for 12-months. WE OFFER NO RETURN FOR EXCHANGE ON ANY PRODUCTS DESIGNATED ON THE SITE AS NON-RETURNABLE.
GOODS NOT FOR RESALE OR EXPORT. You represent and warrant that you are buying products or services from the Site for your own use only, and not for resale or export. The use, sale, reexport, delivery or retransfer, directly or indirectly, of the ordered products, in or to any activities related to the design, production, use, or stockpiling of chemical, biological or nuclear weapons or missiles is strictly prohibited. You further represent and warrant that all purchases are intended for final delivery to locations within Australia or New Zealand.
EXCUSABLE DELAYS. Fluke shall not be liable for nondelivery or delay in performance when such delay is directly or indirectly caused by, or in any manner arises from, delay or failure to deliver by Fluke's suppliers, fires, floods, accidents, riots, war, governmental interference or embargoes, strikes or shortage of labor, or other causes (whether or not similar to those specified) beyond its control. Delivery shall be deemed suspended so long as such causes delay performance. Fluke agrees to make, and you will accept, deliveries at a reasonable time after remedy of such causes.
DESIGN CHANGES. Fluke and its suppliers reserve the right to change product design or specifications at any time without notice.
INTELLECTUAL PROPERTY USE AND OWNERSHIP. You acknowledge and agree that: (a) you will comply with all terms and conditions of the specific license agreement for any product or service you obtain through the Site, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing, and transfer of those licensed products and services; (b) you will not cause, induce or permit others’ noncompliance with the terms and conditions of any of these product and service license agreements; (c) Fluke and its licensor(s) are and will remain the sole and exclusive owners of all intellectual property rights in and to each product and service made available on the Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks and other intellectual property rights, subject only to the limited license granted under the applicable license agreement. You will not have or acquire any ownership of these intellectual property rights, or of any intellectual property rights relating to the products or services obtained through the Site; and (d) Fluke grants a perpetual, non-exclusive license to you to use free software provided with a Fluke product on a single unit of product. The license may be terminated if you disclose the software to others without Fluke's consent. Back-up copies of the software may be made, and you may transfer the software license, with a copy of the software, along with the transfer of said single unit of product.
LIMITED WARRANTY & LIMITATION OF LIABILITY. Fluke warrants that each Fluke hardware product will be free from defects in material and workmanship under normal use. The warranty period is controlled by the documents furnished with each product and begins on the date of shipment of the product by Fluke. This warranty does not apply to fuses, disposable batteries or to any product which, in Fluke's opinion, has been misused, altered, neglected or damaged by accident or abnormal conditions of operation or handling or has been repaired, maintained or otherwise serviced by anyone other than a Fluke Australia service centre.
Fluke warrants that Fluke’s software will operate substantially in accordance with its functional specifications for 90 days from the date of shipment (if delivered on physical media) or the date on which Fluke has provided access to it (if delivered by way of issue of license keys or by electronic means) and that, where the software is delivered on physical media, it has been properly recorded on non-defective media. Fluke does not warrant that software will be error free or operate without interruption.
To the full extent allowed by applicable law, Fluke's warranty obligation is limited, at Fluke's option, to refund of the purchase price, free of charge repair, or replacement of a defective product returned within the applicable warranty period.
To obtain warranty service, contact your nearest authorised Fluke Australia service centre found at https://www.fluke.com/en-au/support/service-center-locations. The product must be shipped with a description of the difficulty and reference to the return merchandise authorisation (”RMA”) number, issued by the Fluke service centre, to such Fluke service centre, carriage, insurance and all other costs prepaid. Fluke assumes no risk for damage or loss of the product in transit. If Fluke determines that the damage, defect or failure was caused by misuse, alteration, accident or abnormal condition of operation or handling, Fluke will provide an estimate of repair costs and obtain authorisation before commencing the work. Following repair or replacement the product will be returned to you on the same delivery terms as those that applied to the original purchase of the product.
EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, FLUKE MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE, INCLUDING ANY (i) WARRANTY OF MERCHANTABILITY; OR (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (iii) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
LIMITATION OF LIABILITY. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR OTHER SPECIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGE FOR LOSS OF PROFITS, LOSS OF DATA OR COST OF PROCUREMENT OF GOODS ARISING FROM OUR PERFORMANCE OF, OR FAILURE TO PERFORM UNDER OR BREACH OF THESE TERMS OR ANY WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS OCCURING.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU FOR THE RELEVANT PRODUCTS OR SERVICES SOLD TO YOU THROUGH THE SITE.
GOVERNING LAW AND JURISDICTION. All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the Australia without giving effect to any choice or conflict of law provision or rule (whether of Australia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of Australia
WAIVER OF JURY TRIAL. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT (A) NO REPRESENTATIVE OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT THE OTHER PARTY WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION, (B) IT HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER, (C) IT MAKES THIS WAIVER KNOWINGLY AND VOLUNTARILY, AND (D) IT HAS DECIDED TO ENTER INTO THIS AGREEMENT IN CONSIDERATION OF, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.
ASSIGNMENT. You may not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
NO WAIVERS. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorised representative of Fluke.
NO THIRD-PARTY BENEFICIARIES. These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you or, if you are acting on behalf of an organisation or a company, such organisation or company.
NOTICES. (a) To You. We may provide any notice to you under these Terms by: (1) sending a message to the e-mail address you provide or (ii) posting to the Site. Notices sent by e-mail will be effective when we send the e-mail, unless we receive a non-deliverable receipt, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current. (b) To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier or registered or certified mail to Fluke Australia Pty Ltd, Unit 16, 7 Anella Avenue, Castle Hill NSW 2154 Australia or by email to email@example.com, in either case, marked for the attention of Fluke Management. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent. Notice provided by email will be effective upon sending, unles you have received a non-deliverable receipt.
SEVERABILITY. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.