PSI Parts Terms and Conditions
1. Definitions: In these Terms and Conditions the following
definitions apply:
Seller and/or PSI Parts (wholly owned trading name of World
Events Pty Ltd ABN 85 006 472 457).
Customer means a person, firm, association, corporation or other legal
entity, jointly and severally if there is more than one, acquiring
Goods or Services from the Seller.
Goods means items supplied by the Seller to the Customer.
Services means services supplied by the Seller to the Customer.
Terms means these Terms and Conditions of purchase.
Agreement means the contract entered into for the supply of Goods
and/or Services by the Seller to the Customer.
Quotation means any pricing information, whether printed or online,
given to the Customer by the Seller for supply of Good or Services.
All Quotations are strictly an Invitation to Treat only. Quotations
for non standard Goods or special pricing are only valid if it is in
writing and supplied by an authorised representative of the Seller.
2. Basis of Agreement:
The Terms apply to every purchase Agreement and cannot be varied or
supplanted by any other condition of purchase, including any Customer
terms and conditions, unless otherwise agreed in writing by an
authorised representative of PSI Parts prior to the PSI Parts’
acceptance of the offer to purchase from the Customer.
Quotations are valid for 30 days from the date of the original
quotation and may include additional terms and conditions which are
not inconsistent with the Terms.
Acceptance of the Agreement in writing, by electronic means or by the
supply of Goods or Services to the Customer by PSI Parts confirms
acceptance of the offer from the Customer.
PSI Parts may at its absolute discretion refuse to accept any
offer.
3. Accuracy:
All information in this site is provided to our best ability and
maintained with information supplied by our vendors.
However, in case of error the Customer shall indemnify and hold
harmless PSI Parts against any and all claims, demands, actions,
suits, losses, liabilities, damages, costs and expenses, including
without limitation, reasonable legal fees, costs and expenses relating
to Customer’s use of our services.
Images displayed on this web site should be regarded as illustrative
and informational purpose only. The actual products may not be
identical to the images.
4. Price:
Due to the dynamic nature of the market and the volatility of exchange
rates, prices are subject to change without prior notice. In case of
significant discrepancies between the posted and then the current
prices at date of purchase, PSI Parts will advise the Customer
prior to shipping or charging any costs to them at which time the
Customer can decline to proceed with the purchase at no cost to them.
All prices are quoted in AUD (Australian Dollars) unless specifically
stated otherwise.
5. Selection of Goods or Services:
The Customer agrees that:
It has not relied on any service involving skill or judgement, or on
any advice, recommendation, information or assistance provided by the
Seller in relation to the Goods or Services or their use, fitness for
purpose or application;
It has the sole responsibility of satisfying itself that the Goods or
Services are suitable for the use of the Customer or any contemplated
use by the Customer, whether or not such use is known by the Seller
and the Customer has ensured it meets all relevant applicable
standards and regulatory authority requirements before using the Goods
or Services.
Any description of the Goods or Services provided in a Quotation or
invoice is given by way of identification only and the use of such
description does not constitute a contract of sale by description.
PSI Parts takes no responsibility for damages, injuries, fines,
liabilities or costs whatsoever caused by using our Goods or Services.
Once goods are dispatched all onus is on the Customer to exercise
caution and abide by all relevant applicable laws.
6. Liability & Indemnity:
Except as specifically set out herein, any terms, conditions or
warranty in respect of the quality, merchantability, fitness for
purpose, condition, description, assembly, manufacture, design or
performance of the Goods or Services, whether implied by statute,
common law, trade usage, custom or otherwise, is hereby expressly
excluded.
Replacement of the Goods, the cost of replacement of Goods or
re-supply of Services is the absolute limit of the Sellers liability
howsoever arising under or in connection with the purchase, use,
storage or any other dealings with the Goods or Services by the
Customer or any third party.
The Seller is not liable for any direct, indirect or consequential
losses or expenses suffered by the Customer or any third party,
howsoever caused, including, but not limited to, the loss of turnover,
profits, business or goodwill or any liability to another party.
The Seller will not be liable for any loss or damage suffered by the
Customer where the Seller has failed to deliver Goods or Services or
fails to meet delivery date or cancels or suspends the supply of Good
or Services.
Nothing in the Terms is to be interpreted as excluding, restricting or
modifying or having the effect of excluding, restricting or modifying
the application of any State or Federal legislation applicable to the
sale of goods or supply of services which cannot be excluded,
restricted or modified.
7. Cancellation:
If through circumstances beyond the control of the Seller, the Seller
is unable to effect delivery or provision of Goods or Services, then
the Seller may cancel the Customer’s order (even if it has already
been accepted) by notice in writing to the Customer, without prejudice
to the Seller’s entitlement to payment of any accrued transport or
carrier charges.
No actual or claimed cancellation or suspension of an order or any
part of it by the Customer is binding on the Seller after that order
has been accepted.
8. Delivery:
The delivery of all goods will be via Allied Express (larger items)
or Australia Post (smaller items) unless stated otherwise.
The Customer is responsible for all costs associated with delivery,
including freight, insurance and any other charges arising from the
point of dispatch of the Goods to the Customer’s nominated point of
delivery. To avoid re-delivery fees, all deliveries will be left at
the nominated address without a signature if the addressee or their
agent is absent. If delivery cannot be made in accordance with this
condition and a re-delivery fee is charged by the delivery agent the
Customer agrees to re-imburse the Seller for these additional costs
which can be automatically applied to any credit card, credit facility
or the Customer’s account upon notification by the Seller to the
Customer of the extra fees.
The responsibility, risk and liability for theft, damage, loss or
otherwise in respect to the Goods passes to the Customer immediately
the Goods are dispatched from the Seller’s or Seller’s vendor
premises.
The Customer assumes all risk, responsibility and liability for loss,
damage or injury to persons or property of the Customer, or third
parties arising out of the use or possession of any Goods purchased
from the Seller whether such goods are used singularly or in
combination with other Goods, substances or processes.
PSI Parts endeavours to provide Goods or Services in a timely
manner however any date or period stated by PSI Parts for the
delivery of Goods or Services is an estimate only and not a
contractual commitment. PSI Parts will use its reasonable
endeavours to supply within the estimated time frame. If the Goods or
Services are known to be unavailable for any reason, PSI Parts
will contact the Customer within 2 business days upon receiving this
information.
Depending on the type of delivery and/or the products chosen by the
Customer, will determine the length of time before the Goods or
Services are received. On average please allow 4 - 5 working days for
delivery, this might be extended due to the geographical location of
some Customers. If Goods or Services are ordered direct from our
International suppliers, shipments may take up to 3 - 6 weeks. If
Customers have any questions regarding estimated shipping time they
are more than welcome to E-mail, Fax or Phone our sales department to
receive an updated shipping estimate.
Any incorrect Goods received or missing Goods must be reported to
PSI Parts within 24 hours of the Customer receiving the delivery
if this is a working day or by close of business on the next working
day. This can only be done by E-mail, Fax or Phone.
If the Goods received are not what was ordered the Customer must not
open the sealed package in which it was sent. Opening sealed packages
or any attempt to use the incorrect item will be deemed to be
acceptance by the Customer of the Goods as a satisfactory substitute
for the one that was ordered and no further claim can be raised
thereafter.
PSI Parts retains ownership of title to any extra goods shipped
with a Customer’s order that have been despatched in error.
9. Return for Refunds:
Return for Refund is at the absolute discretion of PSI Parts.
Return for Refund will only be accepted within 7 days of the Customer
receiving the s and receiving written permission from PSI Parts to
return the Goods.
All Goods returned to PSI Parts under a Return for Refund must be
in accordance with Terms item 11. Returns (see below) and have a
Return Authorisation (RA) number which must be clearly marked on the
outside of the returned package.
A restocking fee of up to 35% of the purchase price will be deducted
from the refund amount.
Return for Refund Goods must be in their original condition and
include all the original packaging in a condition that will allow for
resale.
There will be no credit given on order price differences due to price
reductions after the Seller accepts the Customer’s offer to purchase.
Shipping and handling cost on Return for Refunds are not refundable.
Please refer to the warranty section for refund procedures regarding
Dead On Arrival Goods.
10. Warranty:
To the extent governed by State or Federal laws, return of merchandise
is limited to faulty goods or items wrongly supplied by PSI Parts
only. We inspect and insure the goods are correct and are of a
merchantable quality prior to delivery.
Goods under warranty cover will be replaced or repaired by the
manufacturers and/or their representatives. Warranty for individual
parts we sell, which are not manufactured by PSI Parts, are
provided by the manufacturers or their representatives, not PSI Parts.
PSI Parts is responsible for the handling of most
products’ warranty processes.
PSI Parts does not handle warranty claims for those goods where
the manufacturer accepts direct warranty claims from Customers.
No refund can be provided under any circumstances for warranty claims.
Customers must inspect all items upon receiving them and advise PSI
Parts of any faulty Goods as soon as reasonably possible but not
exceeding 7 days from receipt.
Faulty Goods discontinued by manufacturers will be upgraded to a
similar product or a credit will be given at the current market value
or the purchase price whichever is lower.
All warranties are voided if returned Goods are found in any way to
have been mishandled, mis-installed, modified, tampered, abused,
physically damaged or used under wrong operating parameters. e.g.
voltage, current, loading, pressure, etc.
All warranties will be void on items that are insufficiently or
inadequately packaged when returned.
DOA (Dead on Arrival) Goods are eligible for refund or a replacement
from PSI Parts or our supplier’s stock. DOA Goods must be reported
within 7 days from the time the Customer receive the Goods. Failure to
report a DOA Goods within 7 days will result in claim for Goods as a
DOA being denied. (Note - This is particularly important for some
Goods where the manufacturers or their representatives have strict
guidelines).
Customers must request a Return Authorisation (RA) number prior to
returning any merchandise to PSI Parts.
PSI Parts will not be responsible for any losses, consequential or
otherwise, resulting from the time it takes to have the faulty Goods
replaced or repaired.
11. Returns:
Customers wishing to return faulty goods must contact PSI Parts to
get authorisation which is valid for 10 days from
date of advice.
Customers are responsible for all shipping and insurance costs
involved in sending the warranty claim Goods back to PSI Parts.
PSI Parts is not responsible for any Goods missing in transit on
its return back to PSI Parts or the manufacturer or their
representatives.
Goods returned without authorisation will not be accepted and
returned to the Customer or sender at their expense.
PSI Parts will not accept liability for any costs incurred to
return Goods and reserves the right to refuse delivery of those Goods
where it may incur a liability for those costs.
A detailed fault description sheet must be sent together with all
returning warranty Goods, accompanied by relevant pictures.
If any Goods returned for warranty claim are determined to be
physically damaged, the Goods will be returned to the Customer ‘as is’
at the Customer’s cost.
If the returned goods are determined by PSI Parts to not be
faulty, then all shipping fees for returning the items to the Customer
will be borne by the Customer. We will seek the permission from the
Customer to charge this cost to the Customer’s credit card, credit
facility or account where possible however PSI Parts reserves the
right to charge these fees to the Customer if unable to obtain
permission within 2 business days.
PSI Parts also reserves the right to charge the labour cost for
examining these Goods where no fault was found.
Certain merchandise may not be returnable, to the extent permitted by
laws.
12. Damage:
In case of damage, please make damage claims directly to the carrier
for Goods when shipped by a common carrier. Note: If the Goods appear
to be damaged or the packaging shows signs of damage we strongly
recommend that the Customer either:
Refuses delivery of the damaged goods and/or
Opens the package and inspects the Goods whilst the carrier’s
representative is still present and/or
Not sign the delivery receipt or clearly note that the Goods are only
accepted subject to inspection.
13. Payment:
Payment in full for all merchandise must be completed prior to
shipping unless otherwise agreed in writing by PSI Parts.
14. Miscellaneous:
The laws of Victoria (Australia) from time to time govern the Terms
and the parties agree to the non-exclusive jurisdiction of the courts
of Victoria, the Federal Court of Australia and of courts entitled to
hear appeals to these courts.
Failure by the Seller to enforce any of these Terms shall not be
construed as a waiver of any of the Sellers’ rights.
If any of the Terms are unenforceable it shall be read down so as to
be enforceable or, if it cannot be so read down, the conditions shall
be severed from these Terms without affecting the enforceability of
the remaining conditions. A notice must be in writing and handed
personally or sent by facsimile, e-mail or prepaid mail to the last
known address of the addressee. Notices sent by pre-paid post are
deemed to be received upon posting. Notices sent by facsimile are
deemed to be received on the facsimile machine confirming
transmission. Notices sent e-mail are deemed to be received on the
Customer’s or Customer’s Internet Service Provider’s e-mail servers.
|