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Terms and Conditions of Sales (via eBay & ShoppingSquare.com.au)
1. General
This Agreement is a legally binding contract between the entity named on the invoice (the Customer) and Apus Corporation Pty Ltd (ABN 11 109 351 877) (“Apus Corp”) TA Apus Auction Express & ShoppingSquare.com.au.
Apus Corp 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 Apus Corp 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 Apus Corp 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 Apus Corp 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. Apus Corp’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 Apus Corp’s on-line system.
3. Payment
Payment terms in respect of each order are strictly Cash Before Delivery (CBD). Apus Corp 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 exclusive of GST unless otherwise stated. Apus Corp 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 Apus Corp’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 Apus Corp 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.
Apus Corp 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 Apus Corp. Under such circumstances, Apus Corp 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 Apus Corp.
Apus Corp 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
Apus Corp warrants that the new product(s) the Customer purchased is free from manufacturing defects in material and workmanship when despatched from Apus Corp’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 Apus Corp in writing. No warranty claim will be accepted without a proof of purchase
The Customer has to contact Apus Corp’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. Apus Corp 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 Apus Corp repair/replacement warranty, the Customer must notify Apus Corp within 14 Days of receiving the goods; claims after this period will be rejected by Apus Corp. A replacement will be given in place of the D.O.A. item.
For all Apus Corp repair/replacement warranty, a Return Authorization (R.A.) number must be obtained from TS 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. Apus Corp 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. Apus Corp 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 Apus Corp 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 Apus Corp 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 Apus Corp.
Apus Corp 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 Apus Corp agrees to pay for an item to be returned, it is at Apus Corp’s sole discretion to select a postage method. Postage costs are non-refundable with the exception to D.O.A. and wrong despatch.
All items must be returned to Apus Corp 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 while 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 Apus Corp’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-Apus Corp 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, Apus Corp will choose the means of transport, the cost of which will be included in postage and handling charges. Unless otherwise agreed by Apus Corp 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. Apus Corp 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. Apus Corp 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 Apus Corp as a result thereof, including all storage and handling costs and Apus Corp, 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 Apus Corp to postpone delivery of the goods beyond the delivery date specified in the quote and/or the invoice, Apus Corp may agree to do so and charge the Customer an additional fee for direct costs of postponement and storage.
Apus Corp 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 Apus Corp within 48 hours of receiving the goods; claims after this period will be rejected by Apus Corp.
8. Freight and Handling
Apus Corp 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. Apus Corp 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 Apus Corp’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. Apus Corp 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 Apus Corp 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. Apus Corp 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 Apus Corp’s materials. The Customer’s sole remedy against Apus Corp 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.
Apus Corp 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 Apus Corp’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 2007 |
