GENERAL TERMS & CONDITIONS
The following ‘Terms & Conditions’ are applicable to all purchases made with Allied Power Tools. It is the customer’s responsibility to make sure s/he has reviewed our ‘Terms & Conditions’ prior to placing an order with Allied Power Tools. In placing an order, you as ‘The Purchaser’ have been deemed to have accepted these ‘Terms & Conditions’, regardless of whether you have chosen to register with or purchase items from us.
Allied Power Tools reserves the right to review and/or make alterations to these ‘Terms & Conditions’ at any time, and we strongly recommend reviewing this on a regular basis and prior to placing a purchase order with us.
USE OF WEBSITE
Although Allied Power Tools uses its best endeavours to confirm the accuracy of any information published on this website, you agree that Allied Power Tools cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by manufacturers or suppliers changing product specifications without notice to Allied Power Tools. You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase. Allied Power Tools has taken all due diligence and care to ensure the accuracy of all information and images contained within this website are an accurate representation of the product concerned and cannot be held liable for any loss whatsoever with regard to these information or images.
All Copyright and other intellectual property rights for all information and images contained on this website are owned by us or used with express authorization of the owners unless expressly stated otherwise.
Whilst our company makes every effort at all times to ensure it’s website is accessible at all times, it may be suspended temporarily and without notice should a system failure occur, or due to system repairs or maintenance which are beyond our control.
Should you choose to access a Third-Party website via our company website, you will leave our website. We have not reviewed all these Third-Party websites and cannot be held responsible for any information, representations, or images contained therein. Our company does not endorse or make any representation regarding these Third Party websites or the information, representations, and images found on them, and if you choose to access these Third Party websites via a link from our company website, you do so entirely at your own risk.
Allied Power Tools does not accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside their control), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do they accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this website. To the maximum extent permitted by law, Allied Power Tools disclaim any such representations or warranties as to the completeness, accuracy, merchant-ability, or fitness for purpose of this website or the information that it contains.
The use of the information on this website is at your own risk. To the extent permitted by law, Allied Power Tools excludes all liability of any of them in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this website or provided through this website through email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third-party claims.
You agree to indemnify Allied Power Tools and other persons involved in the creation of this website from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide via this website or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy and trademark infringement.
Sale order quotations are valid for a period of seven (7) days from the date of the quotation unless another validity term is stated in the quotation.
Job service order quotations are valid for a period of thirty (30) days from the date of the quotation unless another validity term is stated in the quotation The Company’s offer is subject to review, amendment or withdrawal at any time prior to acceptance of a purchase order issued by the Customer or the expiry of validity stated in the quotation, whichever is the earlier. Quotations will automatically lapse at the end of the validity stated or other quoted term, unless the validity period is extended in writing by the Company and notice of the extension forwarded to the Customer.
The Customer acknowledges and agrees that copyright in all drawings, illustrations, designs, specifications, and other information provided by the Allied Power Tools in connection with any quotation, contract or otherwise remains with the Company. The Customer further acknowledges and agrees the details and contents of the drawings, illustrations, designs, specifications and other information shall remain confidential between the Company and the Customer and cannot be shared unless with written permission.
Orders placed with the Company cannot be cancelled without the written approval of the Company.
In the event that the Company accepts the cancellation of any order placed with it, the Company shall be entitled to charge a reasonable fee for any work done on behalf of the Customer to the date of the cancellation, including a fee for the processing and acceptance of the Customer’s order and request for cancellation.
Where work has commenced, whether it is design or fabrication, cancellation charges would include all labour performed, materials purchased, engineering and administrative charges pertaining to the cancelled job where appropriate payment is made, the partially processed materials or completed parts become the property of the Customer.
Freight and transport costs for goods returned to and from the Company shall be at the Customer’s expense.
If the Company is prevented or delayed from, or performing any of it’s obligations under the Contract by force majeure, which shall include but not be limited to acts of war, health pandemic, industrial action, whether or not by, or involving employees of the Company, acts of God, government action, riot, civil commotion, failure by the Customer to fulfill its commitments in due time, inability to obtain materials, or any other occurrence (whether of the same or different in kind or nature) which was unavoidable or beyond the control of the Company, the Company my give notice in writing to the Customer of the circumstances constituting force majeure and of the obligation or performance of which is delayed or prevented, and shall be excused from compliance with such obligations for as long as such circumstances may continue. If by virtue of this clause either party is excused from compliance with any obligation for a continuous period of four calendar months, then without prejudice to any other right or remedy either party may forthwith terminate the Contract by giving notice in writing to the other.
TERMINATION OF SUPPLY
The Supplier may at any time by written notice to the Customer terminate its obligation to supply goods to the Customer upon the happening of any of the following:
(a) any action is taken for, or with a view to, the liquidation (including provisional liquidation), winding up, official management, bankruptcy or insolvency (or equivalent) of the Customer and such action remains pending for a period of 21 days thereafter, unless the Customer satisfies the Supplier (in its absolute discretion) of the Customer’s solvency;
(b) the Customer becomes insolvent or is unable or deemed to be unable to pay its debts or ceases or threatens to cease to carry on its business or a major part of its business or the Customer enters into dealings with any of its creditors with a view to avoiding, or in expectation of, insolvency or stops or threatens to stop payments generally or a receiver or receiver and manager is appointed to, or an encumbrancee takes or proposes to take possession of, any material part of the assets of the Customer;
(c) the Customer enters into any arrangement, assignment or composition with or for the benefit of its creditors or any class of them;
(d) any distress, attachment or execution is issued, levied or enforced against the Customer which is not satisfied or challenged in good faith by appropriate means within 14 days;
(e) a person is appointed under any applicable law to investigate any part of the Customer’s business or affairs or an application is made for the appointment of such an inspector, or an administrator (or equivalent) is appointed to the Customer or any steps are taken for such an appointment; or
(f) any other event occurs or circumstance arises, financial or otherwise, which, in the reasonable opinion of the Supplier, is likely materially and adversely to affect the ability of the Customer to observe any of its payment obligations to the Supplier, and in any such event the Customer shall be deemed to be in breach of its obligation to purchase those goods.
LIMITATION OF LIABILITY
The Customer acknowledges, agrees, represents, and warrants that:
(a) the use of the goods is outside the control of the Supplier, and the Customer is satisfied that the goods have the condition, characteristics, quality and attributes that will make them suitable or fit for any ordinary or special purpose required for those goods, even if that purpose was made known to the Supplier;
(b) the Customer will ensure that only suitably qualified persons connect power to and operate the goods, and will ensure all power and earth connections are correct and the power voltage supplied to the goods is correct and necessary overload and electrical safety equipment is installed;
(c) the Customer will ensure that it, and all persons it allows to use the goods, do so only in accordance with any manufacturer’s and operating manuals and guidelines provided with the goods (if any);
(d) any training offered by the Supplier is at its absolute discretion, and the Customer is solely responsible for training its own employees, agents and contractors in respect of safe and best practice usage of the goods;
(e) the Customer is responsible for fitting all guarding and other protective equipment to the goods in accordance with all applicable safety legislation and regulations, and must at all times comply with all applicable laws (including (without limitation) work health and safety laws) relating to the use, storage, maintenance and operation of, and other dealings with, the goods.
(f) the Customer has or will in a timely manner conduct all mandatory or prudent tests and apply all mandatory or prudent quality control checks and procedures to ensure the goods and any product that is produced from them will be without defect and suitable or fit for any purpose required for them; and
(g) it has not relied upon any statement, representation, warranty, guarantee, condition, advice, recommendation, information, assistance, or service provided or given by the Supplier or anyone on its behalf, or apparently on its behalf, in respect of the goods, other than those that are expressly contained in these Terms.
Subject to the remainder of this clause, the Supplier offers no guarantee or warranty in respect of the goods it supplies to the Customer, and all representations, conditions and warranties of any nature made in relation to the goods are expressly excluded from these Terms and shall not bind the Supplier.
Without limiting the foregoing:
(a) the Supplier (and the manufacturer of any goods) makes no warranty and provides no guarantee in respect of the performance of computer software, programming, applications, and options supplied with or forming part of the goods or services and it is the Customer’s responsibility to (at its sole cost) adapt and alter any functions to support its particular needs; and
(b) where goods are supplied with the benefit of a manufacturers or other warranty, the Supplier will use its reasonable endeavours to pass on the benefit of that warranty or guarantee to the Customer (but accepts no liability if the warranty or guarantee is not assigned).
To the extent permitted by law, where the Supplier becomes liable to the Customer in any manner for any breach of any condition or warranty expressed or implied in relation to the supply of goods or services to the Customer, the Supplier’s liability will be limited, at the Supplier’s sole discretion to either:
(a) in relation to the supply of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) in relation to the supply of services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
If any action is brought by the Customer against the Supplier, pursuant to Australian Consumer Law – Remedies relating to guarantees Part 5.4, Division 1 – Action against suppliers, the Supplier’s liability will be as prescribed in Part 5.4 Division 1 of the Australian Consumer Law.
To the extent permitted by law, the Customer releases and indemnifies the Supplier and its officers, employees, consultants and agents from and against all actions, claims, proceedings and demands (including those brought by third parties) which may be brought against it or them, whether on their own or jointly with the Customer and whether at common law, under tort (including negligence), in equity, pursuant to statute or otherwise, in respect of any loss, death, injury, illness, cost or damage arising out of or in relation to any breach by the Customer of any warranty provided by it.
To the extent permitted by law, the Supplier will have no liability to the Customer however arising, including, without limitation, under any cause of action or theory of liability, in respect of special, indirect or consequential damages, loss of profit (whether direct or indirect) or loss of business opportunity, arising out of or in connection with these Terms.
The Customer shall keep the Supplier indemnified against all costs, claims, demands, expenses and liabilities of whatsoever nature, including, without limitation, claims of death, personal injury, damage to property and consequential loss (including loss of profit) which may be made against the Customer or which the Customer may sustain, pay or incur as a result of or in connection with the manufacture, sale, export, import or use of the goods unless such costs, claim, demand, expense or liability shall be directly and solely attributable to any breach of contract or guarantee by, or negligence of, the Supplier or its duly authorised employee or agent.
The Customer must pay all stamp duty and all other taxes or duties (including customs duty imposed on the importation of goods from outside of Australia) imposed on any supply of goods or services to the Customer under these Terms as and when they fall due, and shall keep the Supplier indemnified against all costs, claims, demands, expenses and liabilities of whatsoever nature incurred by the Supplier as a result of the Customer’s breach of this clause.
DAMAGE IN TRANSIT
From Allied Power Tools to the Customer:
The customer shall inspect the products delivered immediately upon their arrival and shall within five (5) days of their arrival give written notice to Allied Power Tools of any claim of non-conforming goods or shipments. Clear receipts should be given only if goods have been examined, as an unqualified signature may react to the disadvantage of the Purchaser if the consignment should become the subject of a claim. In the event of short delivery or damage in transit, it is essential that the Company’s customer service department be advised within two days of receipt of goods. All orders dispatched by Allied Power Tools are carefully inspected, tested, packaged and documented prior to collection by the customer or courier. Please do not sign for the delivery of goods that are obviously damaged.
From the Customer to Allied Power Tools:
All deliveries (including returns & exchanges) must be at the expense of the Purchaser, and Allied Power Tools cannot be held liable for any item/s lost or damaged in transit which are sent on the Purchaser’s freight company. It is the Purchaser’s responsibility to ensure that the item/s being returned are packed securely to avoid any damage during transit.
Allied Power Tools requires the original receipt / proof of purchase before providing a remedy under the Australian Consumer Law.
If you believe an item is faulty, you may have rights to a remedy under the Australian Consumer Law. The Australian Consumer Law does recognise that the relevant time period may vary by product (or service) depending on the nature of the goods (or service), the price paid and any representations made about the goods (or service).
Where you believe an item is faulty, it may be necessary for us to send your goods to the manufacturer or their service agent for it to be assessed within a reasonable period of time. If there is a major failure with the item, you may choose a refund, exchange or repair. If the failure is minor, we will repair the item (or, at our discretion, we may replace the item) within a reasonable time. Where an item is damaged through misuse or abnormal use, Allied Power Tools cannot provide a refund, exchange or repair.
RETURNS & EXCHANGES EXCLUSIONS
Special order products or item/s which have been custom manufactured or item/s that need to be backordered from a supplier are NOT covered by our returns and exchanges policy. This does not affect a customer’s right to return under consumer guarantees (e.g in the case of defective, damaged, or incorrect item/s being supplied in the first instance).
You must inform us of your intention to return, in writing, within 7 days of receipt of the goods. The goods must be returned to us within the 7 days following, no longer than 14 calendar days after receipt. We may at our discretion accept goods back after this time, but we reserve the right to charge a restocking charge of up to 20% the original purchase price.
Item/s to be returned must be:
- In original packaging
- Unused / Unopened
- Saleable condition
Only the value of the item/s being returned for Refund will be processed minus a 20% re-stocking fee. Freight charges incurred when shipping, and/or collecting the item/s to be returned will not be refunded in the case. We will issue the refund via the original method of payment (credit card/ bank transfer or cash).
All returns must be at the expense of the Purchaser, and ALLIED POWER TOOLS cannot be held liable for any item/s lost or damaged in transit which are sent on the Purchaser’s freight company. It is the Purchaser’s responsibility to ensure that the item/s being returned are packed securely to avoid any damage during transit.
As per in the Returns Policy above, you must inform us of your intention to exchange, in writing, within 7 days of receipt of the goods. The goods must be returned to us for exchange within the 7 days following, no longer than 14 calendar days after receipt. We may at our discretion accept goods back after this time, but we reserve the right to charge a restocking charge of up to 20% of the original purchase price. Please note that exchanges are subject to the availability of replacement stock.
Item/s to be exchanged must be:
- In original packaging
- Unused / Unopened
- Saleable condition
The cost of shipping returns for Exchange must be borne by the Purchaser, and a re-stocking fee may be charged at the discretion of Allied Power Tools.
FAULTY / INCORRECT PRODUCT
If your order arrives and it is faulty or not what you ordered, please contact us via our website or on (03) 9764 2911 for assistance within 7-days of receipt. Our service department will either arrange for the product to be repaired or replace. Some manufacturers require us to send faulty items to them for assessment before we can give you a replacement.
A copy of the original purchase receipt is required for any return or exchange. If you return the item/s in person to our showroom, please ensure you take a copy of the receipt with you.
If the product supplied to you fails under warranty, you can lodge a warranty claim with us via our website or on (03) 9764 2911.
You will be required to produce the original invoice or other proof of purchase document disclosing the purchase date and all costs of return postage, transport, freight, travelling expenses, hiring tools and insurance are paid by the customer.
The product must not have been misused, adjusted, modified, or serviced by any person other than the manufacturer of an approved serviced agent from the manufacturer.
Our goods & services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these conditions of Warranty are excluded and Allied Power Tools is not liable in contract, (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate the customer for: Any increased cost or expense, any loss of profit, revenue, business, contracts or anticipated saving, any loss or expense resulting from a claim by a third party; or any special, indirect or consequential loss or damage of any nature whatsoever. Please contact our warranty department via our website or on (03) 9764 2911 to discuss any concerns.
- Unless otherwise agreed in writing, Allied Power Tools has no liability for, and is not required to provide Warranty Services under this Warranty if it relates to: Warranty services outside of business hours, mis-using or abusing the product or any of the accessories included.
- Operating the product in a manner that is not in accordance with the Instruction Manual supplied with the product.
- Using incorrect batteries, charges, accessories, or any unauthorised, non-genuine or non-standard parts.
- Tampering with the product in any way otherwise stated in the Instruction manual.
- Making mechanical adjustments inconsistent with the Instruction manual.
- Not having taken reasonable steps to prevent damage or failure from occurring to the product.
- Storing the product inconsistently to the instructions provided in the Instruction Manual.
- Neglecting or otherwise failing to maintain the product in accordance with the instructions in the Instruction Manual.
- Repairing or carrying out work on the product by any person other than the manufacturer or an authorized representative of the manufacturer.
- Accidental damage or damage caused by Force Major Events including environmental factors.
- Natural discoloration of material due to ultraviolet-light.
- Natural impact with hard surfaces or damage cause in the transit of the product or to any damage.
- Damage caused by excessive heat or cold.
- Damage caused by dust, solvents, or water entry into the product.
- Damage caused by contact with sand, rust, corrosion, fire, vermin and insect infestation, power outages or surges or inadequate voltage or current.
- Abnormal product performance caused by any ancillary equipment interference or other external factors.
- Damage, failure or defects that occur for reason or reasons that were already disclosed to you or ought reasonably to have been disclosed to you prior to your purchase of the product.
- Normal wear and tear.
- Freight cost associated with transporting the product between you and Allied Power Tools.
- Products with serial numbers that have been altered or removed.
- Consumable items supplied with the product or that are part of the product, such as battery packs.
Any expenses, costs or disbursements incurred by the Supplier in recovering any outstanding monies owing by the Customer, including, without limitation, debt collection fees and solicitors’ costs (on a full indemnity basis), shall be paid by the Customer.
The whole or any part of a clause of these Terms shall be capable of severance without affecting the rest of these Terms.
For further information or any questions regarding the Allied Power Tools Terms & Conditions, please do not hesitate to contact our office on (03) 9764 2911.