Terms & Conditions

General

1. This website ("Website") is owned and operated by EMTEC Communications Australia Pty Ltd ("EMTEC")  ABN 78 090 392 055.

2. Access to the secure areas of this Website is restricted to: a) persons who are authorised customers of EMTEC Communications Australia Pty Ltd ("Customer"), and b) Internet Service providers who provide their subscribers with access to the World Wide Web. Access by any other person to the secure areas of this Website is strictly prohibited.

3. Access to this Website by each Customer is expressly conditional upon its acceptance of, and compliance with, the terms, conditions, notices and disclaimers contained or referred to in this document ("Terms of Use").

4. EMTEC Communications Australia Pty Ltd reserves the right to amend these Terms of Use at any time without notice. Since you are bound by these Terms of Use, you should refer to them periodically at your own accord but also pay particular attention to any notice by EMTEC that they have been amended.

 

Commercial Terms

1. This Website is provided for the purposes of allowing the Customer to do the following with an industry standard web browser (referred to collectively as the "Authorised Purposes"):

a) access as presented on this Website information about EMTEC, the terms of the relationship between the Customer and EMTEC, and the goods and/or services presented on this Website, 

b) communicate to EMTEC the Customer's desire to purchase goods and/or services presented on this Website. The Customer must use this Website solely for the Authorised Purposes.

2. Upon account opening, EMTEC will allow the customer to create their own Username (email address) and Access Password which the Customer may use to gain access to the secure areas of this Website. The Customer may also use this Account Name and Password to gain access to the ordering area of this Website where the Customer may place an order.

3. The Customer must not disclose the Account Name or Access Password to any third party. The Customer may disclose the Account Name or Access Password internally to any employee or family member to whom it wishes to authorise to access the secure areas of this Website and/or place orders on behalf of the Customer. The Customer must inform EMTEC immediately if the Account Name or any Password is disclosed in any manner contrary to the Terms of Use. The Customer will be responsible for all activity (including purchases) by any person who accesses this Website using the Customer's Account Name or Account Password.

4. Notwithstanding anything in the Terms of Use or any other agreement between the Customer and EMTEC, all orders made on this Website are subject to acceptance by EMTEC, and no order will be deemed to be accepted by EMTEC until such acceptance has been confirmed to the Customer.

5. If the Customer wishes to retain a hard copy of any order it places on this Website, the Customer may print the relevant order confirmation as provided for on this Website and/or via email. The presentation of an order confirmation on this website indicates only that the relevant order has been received by EMTEC.

6. The decision by EMTEC whether or not to accept or fulfill any order will be based inter alia upon the Customer's account and credit status at the relevant time. Orders accepted by EMTEC will be confirmed by e-mail to the Customer. EMTEC reserves the right to delay or cancel any order at any time (including at the time of fulfillment).

7. If the Customer wishes to cancel any order, it must do so by telephoning its EMTEC customer sales representative or account manager or just calling EMTEC if you have not had one assigned. Orders may normally be cancelled within 30 minutes of placement, but no order will be cancelled after it has left EMTEC premises for shipping regardless of when this occurs.

8. EMTEC Customer Returns Procedure will apply to all items which the Customer wishes to return. This is always subject to EMTEC approval after receiving these goods 1st.

9. All prices quoted are in Australian dollars and are exclusive of GST and other possible future fees that EMTEC have no control unless otherwise stated. Prices are subject to change without notice. We reserve the right to make adjustments to information or pricing due to typographical errors, market fluctuations, manufacturers price changes etc. that may occur at any time, from time to time.

10. The Customer expressly authorises EMTEC to communicate with it via e-mail regarding any order the Customer places on this Website, the Customer's account and/or credit status and other confidential information including the Password which the Customer must enter to access this Website. EMTEC will send such e-mails to the e-mail address specified by the Customer at the time of account opening or as otherwise advised by the Customer to EMTEC either expressly in writing signed by an authorised representative of the Customer or on Registration Document which the Customer submits to EMTEC as part of its application to gain access to this Website.

 

Product Information, Advertising and Links to third-party Websites

1. This Website contains information on goods and services which the Customer may purchase including inter alia product descriptions and specifications. With the exception of information relating to EMTEC pricing and stock availability, all product information has been provided by the relevant original equipment manufacturer and/or vendor and not EMTEC, where EMTEC has included it on this Website for convenience only. The Customer should confirm all product descriptions and specifications with the relevant original equipment manufacturer and/or vendor before purchase.

2. This Website contains hyperlinks and pointers to other websites operated by third parties. These linked websites are not controlled by EMTEC, and EMTEC is not responsible for the contents of any linked website or any hyperlink contained in a linked website. The hyperlinks are provided as a convenience only, and the inclusion of any hyperlink on this Website does not imply any endorsement of the linked website by EMTEC, its affiliates or their directors or employees. The Customer links to any such website entirely is at their own risk.

3. This Website also contains third party advertisements (including banner ads, partial and full page advertisements) which may contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) are paid for by the relevant third party advertisers and must not be construed as either recommendations or endorsements by EMTEC, its affiliates or their directors or employees. The Customer is referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.

4. In some instances, the advertisement may contain representations or offers by the third party advertiser which the Customer may accept by linking to the advertiser's website and executing the relevant transaction. Such offers are made by the third party advertisers and not EMTEC, and the third party advertisers are solely responsible to the Customer for the delivery of any goods or services the Customer purchases on the third party websites.

 

Disclaimer and Limitation of Liability

1. The Trade Practices Act and similar State and Territory Legislation in Australia may confer rights and remedies on the Customer in relation to the provision by EMTEC of this Website (including the various functions contained on this Website) which cannot be excluded, restricted or modified ("Non-excludable Rights"). EMTEC does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

2. Except as provided for by the Non-excludable Rights:

a) this Website (including all Content and functions) is provided "as is" and without warranties of any kind, either express or implied,

b) EMTEC and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose,

c) EMTEC does not warrant that any functions on this Website (including inter alia the Customer's access to this Website) will be uninterrupted or error-free, that any defects will be corrected or that this Website or the server which stores and transmits Content to the Customer or any other person accessing this Website are free of viruses or any other harmful components,

d) EMTEC does not warrant or make any representations regarding any the Customer's access to, or the results of the Customer's access to, this Website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.

3. Under no circumstances (including but not limited to any act or omission on the part of EMTEC will EMTEC or its affiliates be liable for any indirect, incidental, special or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, this Website or any Content.

4. Manufacturers and Service Providers’ Warranties apply where applicable.

 

Warranty

Manufacturers and service providers’ warranties apply where applicable.

 

Return Authorisation Request

Requests should be registered with EMTEC via email, or via this Website whereupon a Return Authorisation (hereafter RA) number will be issued by EMTEC staff. The cost of shipping the component or system to the EMTEC Workshop must be borne by the customer. EMTEC can organize a courier, but the cost must be paid on pickup from the customer's location. Please note all warranties, which refer directly to the manufacturer, should be followed as per manufacturers terms and conditions.

 

DOA

EMTEC offers a 7 working day Dead on Arrival warranty for all items supplied. (some manufacturers have longer periods of DOA, please follow to these relevant procedures) If an item exhibits a hardware malfunction within 7 working days from purchase, it is said to be Dead on Arrival. The customer will cover the cost of transport to the EMTEC workshop or selected service centre. EMTEC or the service centre will then repair or replace the goods, and return to the customer at our expense. A DOA request must be registered as such via email only with all the relevant details to not experience lengthy delays. The date of purchase must be quoted along with the invoice number. All other RA conditions still apply. Most repairs are handled and carried out by the manufacturer.

 

Items Returned for Repair

The RA number must be displayed on the packaging in which the item is returned. Proof of purchase and the invoice number must also accompany the item. We also require relevant contact details (your phone number) and a return shipping address. Please provide a document describing the fault with the unit(s).

 

Lead Time and Turnover

An RA must first be registered by email. EMTEC cannot repair items if they are just sent or brought in without first registering.

Returned goods will not be available for collection until the customer is notified by EMTEC. Depending on the fault or damage, longer delays may apply. If an item will be delayed longer than seven (7) days, EMTEC agrees to inform the customer via email and give an estimate of this further delay.

 

Data Loss

EMTEC accepts no responsibility for any data stored on products sent in for repair. It is the customer's responsibility to see that all vital data configured, loaded, etc into a product is backed up at all times. Testing and/or Repair work done by EMTEC or the vendor may result in data loss. If it is not possible to backup data, the customer must inform EMTEC in writing (to be included with RA form) that data protection measures must be employed 1st just in case we can save the data on the unit. Best efforts are always applied in conducting these works at all times but there are times that nothing can be done about losing data that has not been saved. 

 

Requirement

Failure to adhere to any of the above requirements and procedures will result in the item being further delayed and possibly just returned back to the customer, at the customer's cost, with no work being done on that item.

 

Limitations

The issuing of an RA number is not an agreement on EMTEC's part that the item is, in fact, damaged or faulty. The status of the item will be determined on receipt and tested in the EMTEC workshop.

If an item is returned for repair and is found not to be damaged or faulty, or no compatibility issues are found, then a fee could be applied.

If an item is 'Authorized to be returned by EMTEC', then a restocking fee of 50% (minimum) will apply. Credit or refund will only be awarded if EMTEC management do not see fit to do so..

 

Disclaimer and Indemnity

All goods supplied by EMTEC are at the purchaser's risk immediately from delivery. However, the title of the goods remains with EMTEC until the invoice is paid in full.

Prices are subject to change at the time of publication. EMTEC reserves the right to vary and change the items listed on our Website, quote or price list. While every effort is made to ensure the accuracy of information, EMTEC cannot take responsibility for any errors and/or omissions.

EMTEC shall not be responsible for any loss or damage whatsoever caused to the property or person of the customer or any third party as a result of any defect in the goods whether patent or latent and the customer indemnifies EMTEC against any claims against it by any third party arising out of any such defects.

All items in this price list are subject to availability, changes in price, currency, changes to the product by the vendor and changes to specifications from the date of publication.

 

Delays

If EMTEC is prevented from delivering the goods because of any act of God, war, strike, lock-out, industrial dispute, government legislation or intervention, fire, flood, transport delays or any other cause beyond its control then it 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 purchaser have any claim for loss or damage against EMTEC.

 

Freight

All freight charges are the responsibility of the customer. EMTEC will accept no responsibility whatsoever for goods lost or damaged in transit. If insurance is not covered by the customers business insurance then we suggest you contact your insurance company to ensure your goods are adequately covered. Either that or EMTEC can offer a quotation by our courier company with a certificate which will be charged separately to these goods and will need to be paid before shipping. These charges are the third party and not related to or responsible by EMTEC past these charges.

 

Title to Goods

The goods shall remain the absolute property of EMTEC as legal and equitable owner and property in the goods shall not pass to the purchaser until the purchased invoice price has been fully paid.

Until the purchase price has been fully paid:

1. The relationship between the purchaser and EMTEC is a fiduciary relationship and the purchaser shall hold the goods as bailee for EMTEC in such manner as to clearly identify them as being the property of EMTEC.

2. The purchaser may resell the goods in the usual course of its business but it shall keep separate records of sales of the goods and shall pay the proceeds of such sales into a separate account in trust for EMTEC.

3. The purchaser shall insure the goods and shall indemnify EMTEC against any loss or damage to the goods arising after delivery to the purchaser.

4. The purchaser shall notify EMTEC promptly of any levy of execution by the third party against the goods.

 

Trademarks of EMTEC Communications Australia Pty Ltd and its Affiliates

1. The following trademarks which appear on this Website are owned by EMTEC Communications Australia Pty Ltd and/or its affiliates.

2. All other trademarks on this Website (registered or otherwise), are trademarks of their respective owners.