Terms and Conditions, Privacy Policy

Product and Purchase Terms and Conditions

Website Terms and Conditions

Privacy Policy

 

Purchase and Product Terms and Conditions

28 day ‘money back’ satisfaction guarantee on all products – BECM Programming excluded
 
Trade customers – Please contact us with your business details for current trade prices 
 
All prices are in Australian Dollars and include both any applicable Australian taxes and delivery by Australia Post (Internationally by Air Mail). 
 
For deliveries to the United States of America please add a surcharge of $10.00. 
 
Post us a cheque or postal money order in Australian dollars with a letter containing your name, postal delivery address and phone number. 
 
Direct credit to my account at:
BDCU Alliance Bank 
411 Bong Bong Street, Bowral NSW 2576  
LAB Electronics  
BSB 802101 
Account number 100064690
 
You may also use PayPal, however when using PayPal add 3% to the total and use labtronx@live.com.au
 
Use your name and the Order Code as the Lodgement reference with a direct credit.
 
After making payment please send us an e-mail with the following:
1. Your name, postal delivery address and phone number. 
2. What you have ordered.
3. How you have made the payment. 
 
All orders are accepted by LAB ELECTRONICS subject to the Terms and Conditions of Sale as set out below: 
 
Conditions of Sale and Privacy Statement 
 
General 
 
LAB ELECTRONICS PTY LTD will accept all orders for Products or Services subject to these terms and conditions of sale.  Any Customer who places an order for Products or Services with LAB ELECTRONICS PTY LTD is bound by these terms and conditions.  No other terms will apply to the supply of Products and Services by LAB ELECTRONICS PTY LTD unless agreed in writing by LAB ELECTRONICS PTY LTD.  LAB ELECTRONICS PTY LTD reserves the right to amend these terms and conditions at any time.  The most current version of these terms and conditions can be found at the LAB ELECTRONICS PTY LTD website: www.labtronx.com.au. 
 
Descriptions of the Products and Services in the LAB ELECTRONICS PTY LTD website or otherwise communicated to the Customer are approximate only and shall not form any part of the contract with the Customer.  LAB ELECTRONICS PTY LTD shall not be liable to the Customer for any errors or omissions in the supplied information.  The products and services in the LAB ELECTRONICS PTY LTD website are not an offer capable of acceptance; it merely constitutes an invitation by LAB ELECTRONICS PTY LTD for the Customer to make an offer. 
 
Prices 
 
The prices of Products and Services are as set out in the LAB ELECTRONICS PTY LTD website that are current at the date of despatch of the Products or provision of the Services.  LAB ELECTRONICS PTY LTD reserves the right to change prices without prior notice at any time. 
 
GST 
 
"GST" means the goods and services tax under the A New Tax System (Goods and Services Tax) Act 1999. GST is a broad-based tax of 10% on the supply of goods and services in Australia and is not applicable to export sales. 
 
All quoted prices include shipping and GST.  LAB ELECTRONICS PTY LTD will provide a GST-compliant tax invoice with deliveries in Australia. 
 
Export sales are GST free however the 10% that would have been paid for the GST is used by LAB ELECTRONICS PTY LTD to offset the higher costs of delivery to foreign countries.
 
Ordering 
 
LAB ELECTRONICS PTY LTD reserves the right to decline to trade with any company or person and may decline to accept any order. 
 
LAB ELECTRONICS PTY LTD will not substitute an ordered Product for another unless requested by the Customer, or unless the Product has been superseded by the latest version.  If the Customer confirms telephone, fax or internet orders, the confirmation must be marked 'confirmation only' to avoid duplication.  If the Customer orders the wrong Product or quantity, or duplicates orders, refer to clause 13. 
 
Delivery
 
LAB ELECTRONICS PTY LTD will aim to deliver Products as set forth on LAB ELECTRONICS PTY LTD's website unless otherwise agreed in writing.  Delivery will be made to the nominated postal address in the Customer's order unless otherwise agreed in writing.  
 
LAB ELECTRONICS PTY LTD shall not be liable for the consequences of any delay in delivery. Time for delivery shall not be of the essence. 
 
Inspection, Transit Delays and Non-delivery 
 
The Customer must inspect all Products as soon as reasonably possible after delivery and shall, within 10 days of delivery give written notice to LAB ELECTRONICS PTY LTD of: 
 
A. Any defect in a Product that is apparent on reasonable examination. In this case LAB ELECTRONICS PTY LTD shall, at LAB ELECTRONICS PTY LTD's discretion, replace the Product or refund the purchase price (refer clause 10). 
B. Any shortfall in Products delivered. In this case LAB ELECTRONICS PTY LTD shall, at its discretion, deliver the undelivered Products or refund the price of the undelivered Products. 
C. Any delivery of Products not in accordance with the order. In this case LAB ELECTRONICS PTY LTD shall, at LAB ELECTRONICS PTY LTD's discretion, replace the Products or refund the purchase price. 
D. Any non-delivery of the Products. In this case LAB ELECTRONICS PTY LTD shall deliver the undelivered Products or refund the price of the undelivered Products. 
 
If the Customer fails to give any such notice, the Customer will be deemed to have accepted the relevant order as being delivered and to have accepted the Products as being free from all apparent defects.  The remedies set out above are the Customer's exclusive remedies in the circumstances described above. 
 
LAB ELECTRONICS PTY LTD shall not be liable for any other losses, damages or expenses. 
 
Payment 
 
If LAB ELECTRONICS PTY LTD has not granted credit to the Customer, terms are payment prior to dispatch of the Customer’s order. 
 
Credit terms are subject to LAB ELECTRONICS PTY LTD's absolute discretion.  If credit has been granted, the Customer must pay by the 30th day of the month following the month in which the relevant order is despatched. All payments must be made without any set-off, deduction or counterclaim.  If any sum is not paid on the due date for payment: 
 
A. All sums then outstanding from the Customer will immediately become due and payable notwithstanding that such sums would not otherwise be due until a later date.
B. The Customer will be liable to pay all expenses and legal costs incurred by LAB ELECTRONICS PTY LTD in relation to obtaining or seeking to obtain an appropriate remedy; and
C. LAB ELECTRONICS PTY LTD may charge the Customer calculated on the unpaid amount and accrued during the period from the due date until payment is made in full (whether before or after judgement) at the rate of ten per cent per month.
 
Passing of Risk and Property 
 
Risk of loss of or damage to the Products shall pass to the Customer on delivery.  Ownership of the Products shall not pass to the Customer until all sums due to LAB ELECTRONICS PTY LTD from the Customer for those Products have been received by LAB ELECTRONICS PTY LTD, and until that time LAB ELECTRONICS PTY LTD shall be entitled to the immediate return of all Products if the Customer is late in paying any sum to LAB ELECTRONICS PTY LTD.  The Customer authorises LAB ELECTRONICS PTY LTD and its agents to enter any premises of the Customer and to recover the Products for that purpose.
 
Product and Availability Information 
 
LAB ELECTRONICS PTY LTD reserves the right to discontinue any Product or to change its design at any time. Unless otherwise confirmed, nothing in the website is to be taken as a representation of the source of origin, manufacture, or production of any Products or any part of them.
Warranty 
 
In giving the warranties set out below, LAB ELECTRONICS PTY LTD does not exclude or limit any application of the Trade Practices Act 1974 ("TPA") where to do so would contravene the TPA or cause any term of these conditions to be void ("Non Excludable Condition"). These warranties are in addition to any Non-Excludable Conditions to the extent permitted by the TPA. 
 
LAB ELECTRONICS PTY LTD warrants that if any Product is defective, it will, at its option, replace or repair the Product or refund the purchase price.  This warranty is subject to a claim being notified in writing to LAB ELECTRONICS PTY LTD within 12 months of the date of despatch of the Product, or such other longer period as may be indicated by LAB ELECTRONICS PTY LTD for specific products.
 
These warranties shall not apply to any defect that arises from improper use, failure to follow the product instructions, or any repair or modification made without the consent of LAB ELECTRONICS PTY LTD.  
 
The Customer must deal with the defective Products in accordance with LAB ELECTRONICS PTY LTD's instructions.  The Customer must contact LAB ELECTRONICS PTY LTD in advance of the return of any Products and obtain a returns number, to be quoted on all paperwork.  An advice note stating the invoice number, date of invoice and the nature of the defect must accompany returned Products.  Where the Customer does not return Products in accordance with this clause, LAB ELECTRONICS PTY LTD may refuse such Products and return them to the Customer at the Customer's cost. 
 
To the extent permitted by the TPA, the remedies set out above shall be LAB ELECTRONICS PTY LTD's sole liability and the Customer's sole remedy for any breach of warranty and in respect of the supply of Products.  Save as expressly provided in these terms and conditions, all implied warranties, terms and conditions concerning the supply of Products are excluded to the fullest extent permitted by law (including, without limitation, the implied terms of satisfactory quality, fitness for purpose and provision of services with reasonable care and skill). The Customer acknowledges that it is responsible for ensuring that the Products it orders are fit for the purposes for which it intends to use them. 
 
Limitations of Use
 
Products sold by LAB ELECTRONICS PTY LTD are only to be used for the purposes as outlined in the LAB ELECTRONICS PTY LTD website. 
 
Liability 
 
To the extent permitted by the law, LAB ELECTRONICS PTY LTD shall not be under any liability for damage, losses (whether direct, indirect or consequential), expenses, liabilities, injuries, loss of profits, business or economic loss, depletion of goodwill, costs (including legal costs), claims, demands, proceedings, judgments or otherwise resulting from the failure to give advice or information or the giving of incorrect advice or information whether or not due to its negligence or that of its employees, agents or sub-contractors. 
 
LAB ELECTRONICS PTY LTD shall not be liable for economic loss, punitive damages, loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, as may result from, or be connected with:
A. Any express or implied terms of the contract between LAB ELECTRONICS PTY LTD and the Customer, or of any order accepted. 
B. Any duty of any kind imposed on LAB ELECTRONICS PTY LTD by law; or 
C. Any defect in the Products. 
 
If, notwithstanding any provisions of these terms and conditions, any liability attaches to LAB ELECTRONICS PTY LTD, LAB ELECTRONICS PTY LTD’s liability to the Customer arising out of or in connection with these terms and conditions or any order whether in contract, tort or otherwise in respect of one or more of: 
A. Any express or implied terms of the contract between LAB ELECTRONICS PTY LTD and the Customer, or of any order accepted. 
B. Any duty of any kind imposed on LAB ELECTRONICS PTY LTD by law; or 
C. Any defect in the Products shall be limited in the aggregate to AU$200 or the total value of the order whichever is greater. 
 
Cancellations and Returns 
 
The Customer may not cancel orders once accepted by LAB ELECTRONICS PTY LTD.  LAB ELECTRONICS PTY LTD may allow an order to be cancelled at its discretion, subject to LAB ELECTRONICS PTY LTD recovering from the Customer any costs incurred.  If only part of an order is cancelled, LAB ELECTRONICS PTY LTD may invoice the Customer any difference in selling price per unit applicable to the quantity actually despatched prior to cancellation compared to the quantity ordered. 
 
The Customer may only cancel or amend scheduled orders if notice is received in writing at least 14 days prior to the next delivery date. 
 
The Customer may only return Products to LAB ELECTRONICS PTY LTD for a change of mind or for incorrect ordering, and receive a credit or refund, on the following conditions:
A. The Customer must contact LAB ELECTRONICS PTY LTD in advance, obtain the prior consent of LAB ELECTRONICS PTY LTD and obtain a returns number (to be quoted on all returned paperwork). 
B. Return must be made within 30 days of the date of the invoice.  Products must be returned to LAB ELECTRONICS PTY LTD in their original packaging, unused and in a condition which will enable them to be immediately fit for re-sale.
C. Products must be adequately packed and dispatched freight prepaid, clearly labelled, to LAB ELECTRONICS PTY LTD, 13 Oxford Street, Mittagong, NSW 2575 Australia.
 
Products accepted for return will be credited at invoice value.  LAB ELECTRONICS PTY LTD reserves the right to apply a handling charge of 25% of invoice value. 
 
Services 
 
LAB ELECTRONICS PTY LTD offers BECM reprogramming and Diagnostic Services.  A target turnaround time may be quoted for these Services, but LAB ELECTRONICS PTY LTD will be under no liability if it fails to comply with such target.  The conditions that apply to each of the Services are that the BECM reprogramming service is only available if the BECM has not suffered excessive physical or electrical damage and is free from modifications and electrical faults and in performing diagnostics: LAB ELECTRONICS PTY LTD will, to the best of its ability and the ability of its diagnostic equipment, attempt to determine the cause or causes of the failure of vehicle systems.  
Rights in the Website 
 
The Customer acknowledges that LAB ELECTRONICS PTY LTD owns the intellectual property rights in the website, the website content and the order codes, and that their whole or partial reproduction without LAB ELECTRONICS PTY LTD's prior written consent is prohibited.
 
Force Majeure 
 
A force majeure event is any event beyond the reasonable control of LAB ELECTRONICS PTY LTD (including strikes, traffic congestion, the downtime of any external line, or LAB ELECTRONICS PTY LTD's inability to procure services, materials or articles required for the performance of the contract except at enhanced prices). If LAB ELECTRONICS PTY LTD is prevented or restricted from carrying out all or any of its obligations by reason of any force majeure event, then LAB ELECTRONICS PTY LTD shall be relieved of its obligations during the period that such event continues, and shall not be liable for any delay and/or failure in the performance of its obligations during such period. If the force majeure event continues for a period longer than 14 days, LAB ELECTRONICS PTY LTD may cancel the affected order or cancel the whole or any part of these terms and conditions, without any liability to the Customer. 
 
Privacy and Customer Information 
 
LAB ELECTRONICS PTY LTD respects the privacy of Customers.  No Customer information will be intentionally divulged to any outside organization. 
 
The terms of the Privacy Policy are hereby incorporated into these conditions.  Excepting if it would otherwise create or allow a breach of law, the provisions of these conditions of sale nevertheless prevail over any inconsistency between these conditions of sale and our Privacy Policy.
 
LAB ELECTRONICS PTY LTD may send to the Customer and its employees details of other products and services offered by LAB ELECTRONICS PTY LTD that may be of interest.  If the Customer or its employees do not wish to receive details of these other offers, or wish to amend or correct their details, then they should contact LAB ELECTRONICS PTY LTD by email. 
 
Law and Jurisdiction
 
The contract between LAB ELECTRONICS PTY LTD and the Customer as applicable to each Customer order shall be governed by and interpreted in accordance with Australian law and the Customer submits to the non-exclusive jurisdiction of the courts of Australia, but LAB ELECTRONICS PTY LTD may enforce the contract in any court of competent jurisdiction. 
 
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