Following are the Terms and Conditions applying to the Sale of Equipment by Multirotorshop to the customer, as individual or organisation placing an order with Multirotorshop.
Prices:
Unless stated otherwise prices quoted are in Australian dollars and are based on rates of freight, insurance, customs duty, foreign exchange, shipping expenses, cartage and sorting and tracking charges, State and Federal taxes and Charges applying at the date of quotation. Any alterations either before acceptance or during the currency of the contract shall be to the customer account, unless otherwise agreed in writing.
Quotations:
Unless otherwise stated, quotations will remain open for acceptance for a period of thirty days (30) after which they will be subject to confirmation by Multirotorshop before acceptance of an order.
Ordering:
Placing an order with Multirotorshop will indicate automatic acceptance of these terms and conditions.
Delivery:
Freight is provided using Multirotorshop’s nominated carrier only, and is deemed to have occurred upon receipt of the goods at the customer’s premises. Where goods are to be collected by the customer from Multirotorshop, delivery is deemed to have occurred when the customer has been notified by Multirotorshop that the goods are available for collection.
Risk and Ownership:
(a) The risk in all goods supplied shall pass to the customer on delivery by Multirotorshop to the customer.
(b) Property in the goods shall not pass from Multirotorshop to the customer until payment is made by the customer to Multirotorshop for the invoice price of the goods. the customer to return any goods which remain the property of Multirotorshop.
Payment Terms:
Unless otherwise provided for, payment terms are strictly payment prior to delivery. Goods to be purchased under finance will normally not be dispatched until Multirotorshop has been notified by the finance company that the finance has been approved. The finance company in this case is Paypal for example.
Goods and Services Tax (GST):
GST at ruling rates will be charged on all goods and services supplied and will be collected by Multirotorshop on behalf of the Commissioner of Taxation. No exemptions apply.
Claims:
Unless claims for non-delivery of goods, incorrect delivery of goods and delivery of goods not in accordance with the order are notified in writing to Multirotorshop within 7 days from date of delivery, then the said goods are deemed to be in all respects in accordance with the order and the customer shall be liable for and bound to pay for the goods. Any written notice must give details of the invoice number, invoice date and reason for claim.
Returns:
Goods ordered and shipped may only be returned after written approval (Return Authorisation Form) has been given by Multirotorshop and any credit due or any repairs/replacement under warranty shall be determined after inspection. A re-stocking fee equal to 30% of the sale price may be applied to goods returned for credit. Except for warranty claims, returns will not be accepted for any reason after 60 days from the date of shipment.
Goods approved by Multirotorshop for return must be sent freight pre-paid unless otherwise arranged with Multirotorshop. Goods approved by Multirotorshop for return freight collect will only be accepted if sent by Multirotorshop’s nominated carrier.
Delay in Delivery:
Multirotorshop undertakes to make every effort to ensure that goods are delivered within the quoted delivery time. Orders for goods not delivered within the quoted delivery time may only be cancelled by the customer giving Multirotorshop 7 days’ notice in writing of the intention to cancel such order and provided the goods have not been delivered by Multirotorshop within those 7 days.
Warranty:
To the extent provided by law, the only warranty that applies to the goods and any work performed by Multirotorshop is that of the Manufacturer of the goods. The customer acknowledges this and indemnifies and holds harmless Multirotorshop against any and all claims relating to defects in materials and workmanship in the goods supplied.
Liability:
(a) Liability of Multirotorshop to the customer shall not in any case exceed the purchase price of the goods for which liability arises whether in contract or tort or however. Multirotorshop shall not be liable to the customer for any damages or consequential loss including loss of profit or any account however arising from any breach of contract and the customer releases Multirotorshop from any such claim.
(b) Subject to the Trade Practices Act 1974 (as amended), no warranty, term or condition shall be implied against. Multirotorshop by statute, common law or otherwise. No representation, condition, term or warranty shall be binding upon Multirotorshop unless it is written and signed by Multirotorshop or a person authorised in writing by Multirotorshop.
Repairs:
Goods returned for repairs shall be accompanied by a Return Authorisation Form listing the faults found and the work required to be done. No work shall commence until the customer provides Multirotorshop with an official order number or written authorisation to proceed with the repairs.
Installation and Commissioning:
Unless itemised separately prices quoted do not include installation or commissioning. Installation and commissioning work will be undertaken in accordance with Multirotorshop’s standard terms and conditions for Professional Services.
Intellectual Property and Confidentiality:
The customer acknowledges that documentation accompanying the goods supplied and in particular any drawings, diagrams, descriptions or illustrations of goods, tables and specifications are or may be the intellectual property of the Manufacturer of the goods and may contain knowledge and information confidential to the Manufacturer. The customer undertakes to keep confidential such knowledge and information and not disclose it to third parties except in so far as it is already in the public domain or required to be exposed by law.
Force Majeure:
(a) Neither Multirotorshop nor the customer shall be responsible for any failure to fulfill their respective obligations under these terms and conditions if fulfilment has been delayed, hindered, interfered with curtailed or prevented by any circumstance which is not within the reasonable control of the effected party or by compliance with any order, demand, requirement, recommendation or request of any international, national, port, transportation, local or other authority or court having the appropriate jurisdiction or any person purporting to be or to act for such authority or court or any strike, lock out or industrial dispute whether or not Multirotorshop or the customer are parties thereto.
(b) If either party fails to perform its duties and/or obligations under these terms and conditions as a result of one or more of the reasons specified above that party shall give written notice to the other of its inability setting out the reason in question and the operation of the contract shall be suspended during the period in which the reason continues. Forthwith upon the reason ceasing to exist, the party relying upon it shall give written notice to the other of this fact. If the reason continues for a period of more than thirty (30) days and substantially affects the commercial intention of the transaction between the parties, the party not claiming relief under this term may terminate the contract upon giving seven days (7) written notice of termination to the other party. Termination shall be without prejudice to any of the rights and obligations of either party approved prior to the date of termination.
Cancellation of orders:
Multirotorshop reserves the right to cancel the order and provide a full refund, should a pricing error arise for a particular product(s).
If a product is out of stock, Multirotorshop will contact the customer by email, SMS or social media to notify the customer of the inventory status, and orders can be cancelled and a partial refund be generated.
Notices:
Any notice required under these terms and conditions must be in writing, addressed to the other party and either delivered to that party’s address, sent by mail or transmitted by facsimile or email.
(a) A notice given to a party under (a) above shall be duly given and received on the date of delivery on the third day after posting or on the day of transmission in the case of a facsimile or email.
Multirotorshop reserves the right to deny any orders, in part or in the full transaction.
Governing Law:
The Law of the State of Victoria governs these terms and conditions and any legal proceedings pursuant to them.