TERMS AND CONDITIONS
Website Terms and Conditions of Use
The expressions “we”, “us” and “our” are a reference to Pro AV Solutions Australia Pty Ltd ACN 158 642 650 (Pro AV Solutions) trading as Pro AV Express except where otherwise indicated. The term ‘you’ refers to the user or viewer of our website.
If you disagree with any part of the Terms and Conditions, please do not use our website.
Pro AV Solutions may exchange your details with third party service providers, who may assist us with marketing, IT, accounting, payment, data processing or other services. Some of these third parties may be located in Australia.
The use of this website is subject to the following Terms and Conditions:
- The content of the pages of this website are for your general information and use only. The pages are subject to change with notice to you. Amendments will be effective immediately upon notification on this website. It is your responsibility to check these Terms and Conditions periodically for any changes. Your continued use of the website following such notification will represent an agreement by you to be bound by the Terms and Conditions as amended.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms.
- All trademarks reproduced in this website, which are not the property of, or licensed to Pro AV Solutions, are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- The Terms and Conditions of use are in reference to online purchases and orders only.
- You must not assign any rights and obligations under these Terms and Conditions whether in whole or in part without our prior written consent.
- Any failure by a party to insist upon strict performance by the other of any provision in these Terms and Conditions will not be taken to be a waiver of any existing or future rights in relation to the provision.
- If any provision of these Terms and Conditions is invalid, illegal or unenforceable, other provisions which are self-sustaining are, and continue to be, enforceable in accordance with their terms.
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of Australia.
You may offer to purchase goods described on this website for the price specified on this website. Your order must contain your name, email address, credit card details and any other ordering information specified on this website. You are personally responsible for all contracts for purchase entered with us. It is your responsibility to check your order before you complete the online checkout process, and you warrant that you are able to make a legally binding contract with us.
Within seven (7) days of receipt of your order, we will at out discretion accept or reject your offer to purchase. You may not cancel an order once it has been submitted, even if our acceptance or rejection of your offer is still pending. If you receive an order confirmation this does not signify Pro AV Solutions’ acceptance of the order, nor does it constitute confirmation of our offer to sell. We reserve the right to refuse supply of the goods ordered by you, or terminate your account with us. If we have not responded to you within seven (7) days, your offer will be deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase. If we reject your offer to purchase the goods for any reason, neither of us will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer.
The prices listed on Pro AV Solutions’ website are subject to change without notice. All prices are inclusive of goods and services tax (GST). In all other respects, the price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of goods.
We make every effort to ensure that the prices listed on the website are true and correct but otherwise relies upon the “incorrect price and incorrect information” clause below.
We accept payment by VISA and MasterCard credit cards and do not apply a surcharge for using your credit card. Your credit card will be billed as soon as you click the ‘purchase’ button at the checkout process.
Your tax invoice will be sent to you when the items you have ordered are delivered. Your tax invoice is your proof of purchase and may be required for any warranty claims, returns or exchanges.
We will charge interest on the daily outstanding balance of all amounts due and payable at the rate 12 percent per annum from the due date until payment is received by us.
Shipping and Delivery
We will make every effort to ensure goods purchased from us will be delivered to customers promptly. Our aim is to provide our customers with a fast and efficient service, at a reasonable price.
Goods purchased from our website will be shipped to the address nominated by customers at the time of ordering. Please ensure this address is correct. There may be instances where an item is out of stock and we are unable to supply immediately. In this instance, you will be notified that the item is out of stock and provided with an estimated delivery time. Any delivery times provided by us are estimates only. We will not be held liable for late deliveries, non-delivery or damage relating to late delivery or non-delivery.
Free shipping is available on selected products only. It excludes any sale items. Delivery charges may vary depending on the size and weight of an item. We will contact you to disclose any freight charges prior to dispatch.
Pro AV Solutions will only ship goods to Australian addresses or post office boxes. International shipping is not available.
We reserve the right to change your shipping method for certain factors are beyond the control of Pro AV Solutions including order weight, size or the delivery address nominated by you. We also reserve the right to deliver by portion and delivery by portion shall not entitle you to terminate or repudiate the order.
Risk of loss or damage to the goods passes to you upon dispatch.
Retention of Title
Title in the goods does not pass to you until you have made payment in full for the goods and, further, until you have made payment in full of all the other money owing by you to us (whether in respect of money payable under a specific contract or on any other account whatsoever).
During the time the goods supplied have not been paid in full at any time, you agree that property and title in the goods will not pass you and Pro AV Solutions retains the legal and equitable title in those goods supplied and not yet sold.
Until payment has been made in full, you agree to hold the goods in a fiduciary capacity for Pro AV Solutions and agree to store the goods in such a manner that they can be identified as the property of Pro AV Solutions, and will not mix the goods with other similar goods.
You will be entitled to sell the goods in the ordinary course of your business, but until full payment for the goods has been made to us, you will sell as agent and bailee for Pro AV Solutions and the proceeds of sale of the goods will be held by you on trust for us absolutely.
You agree that whilst property and title in the goods remains with the Pro AV Solutions, we have the right, with prior notice to you, to enter upon any premises occupied by the you (or any receiver, receiver and manager, administrator, liquidator or trustee in bankruptcy of yours) to inspect the goods of Pro AV Solutions and to repossess the goods which may be in your possession, custody or control when payment is overdue.
You will be responsible for our reasonable costs and expenses in exercising our rights under the above paragraph. Where we exercise any power to enter the premises, that entry will not give rise to any action of trespass or similar action on the part of the you against us, our employees, servants or agents.
You agree that where the goods have been retaken into the possession of Pro AV Solutions, we have the absolute right to sell or deal with the goods, and if necessary, sell the goods with your trademark or name on those goods, and you hereby grants an irrevocable licence to us to do all things necessary to sell the goods bearing your name or trademark.
For the avoidance of doubt, Pro AV Solutions’ interest constitutes a ‘purchase money security interest’ pursuant to the PPSA.
We will endeavour to keep the goods on our website updated to the best of our ability. Our stock levels may be subject to change without notice.
If we are unable to deliver a product which has been ordered by you, we will endeavour to notify you via telephone or email as soon as reasonably practicable.
You will then be able to amend, cancel or put your order on backorder.
Incorrect Price or Incorrect Information
If an incorrect price or incorrect information is listed in respect of goods due to a typographical error, we may refuse or cancel any orders that are placed for goods listed at an incorrect price, and we reserve this right up until the time of delivery of good to you. If a cancellation of this nature occurs after your credit has been charged for the purchase, we will issue a full refund as soon as practicable.
Pro AV Solutions is not bound by the prices listed on the website and will not be liable for any loss or otherwise as a result of the incorrect price or incorrect information.
If we are notified before the goods are dispatched for delivery, we will accept the order cancellation. Otherwise, if the goods have already been shipped, we reserve the right to refuse to cancel the order.
Upon cancellation of an order we will make all reasonable attempts to contact you using the details provided. All monies will be refunded using the method of payment for approved cancellations.
Unless otherwise agreed, order cancellations may be subject to a restocking charge.
If we are not the actual or the deemed manufacturer of the goods under the Australian Consumer Law, then the warranty of the actual manufacturer of the goods is the only warranty given to you in respect of the goods sold.
We offer a ‘Supplier Warranty’. Nothing in this clause affects your rights under the Australian Consumer Law. The benefits to you under the Supplier Warranty are in addition to the rights and remedies of yours under any Consumer Guarantees under the Australian Consumer Law.
Pro AV Solutions warrants that:
- the goods supplied will be free of manufacturing defects;
- the goods will perform to our specifications; and
- the services will be supplied with due care and skill and will comply with our specifications or service standards for the services.
subject to the above paragraph under the heading ‘Manufacturer’s warranty’ and the following clauses.
The benefit of the Supplier Warranty extends only to you and not to any subsequent owner or user of the goods or other party benefiting from the services.
The Supplier Warranty in respect of goods, commences on the date of delivery of the goods and continues for a period of one year from that date (“Goods Warranty Period”).
If within the Goods Warranty Period a manufacturing defect is discovered in the goods or the goods fail to perform to our specifications as a result of some defect in materials or workmanship in the goods, then we will, at our option, repair the goods or supply replacement goods at no cost to you or refund the purchase price paid by you.
The Supplier Warranty will not apply to goods:
- used otherwise than in accordance with normal and intended use;
- subjected to misuse, neglect, negligence or accidental damage; or
- operated or maintained in any way contrary to any operating or maintenance instructions; or
- installed, repaired or maintained by any person other than a qualified tradesperson; or
- improperly handled, installed, repaired or maintained; or
- altered or modified after delivery; or
- used after any defect becomes reasonably apparent; or
- in respect of which any serial number of the Supplier or the manufacturer is altered or removed.
The Australian Consumer Law requires the inclusion of the following statement with the Supplier Warranty in any Consumer Contract:
- Our goods 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 for 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.
Claiming under the Supplier Warranty
In order to make a claim under the Supplier Warranty, you must:
- return to the place of purchase of the goods and/or services; or
- contact us by calling 1 300 287 253, writing to U59/42-46 Wattle Road, Brookvale NSW 2100 or emailing email@example.com;
- provide all information requested by us in respect of the claim including:
- a detailed description of the defect or fault in the goods or services;
- your contact details (including postal address, email address and telephone numbers at which you can be contacted during usual business hours);
- return to the place of purchase of the goods and/or services or send to the address for service of the claim specified by us:
- a copy of the invoice or other proof of purchase of the goods or services; and
- where relevant, the defective or faulty goods together with all accessories, instructions, specifications or other material supplied with the goods.
We will consider your claim under the Supplier Warranty and where relevant, examine any returned goods and determine whether we accept your claim under the Supplier Warranty.
We will notify you of the outcome of your claim under the Supplier Warranty within a reasonable time.
You acknowledge and agrees that we will not be required to accept any claim under the Supplier Warranty unless the claim is made strictly in accordance with these terms.
Where a claim is approved by Pro AV Solutions, we will, in accordance with the Supplier Warranty:
- repair or replace the goods; or
- resupply the services.
You are responsible for the costs of returning the goods to us and for redelivery of the goods (whether original or repaired and/or replacement goods) by us and any other expenses of yours in claiming under the Supplier Warranty.
You acknowledge and agrees that:
- you are responsible for carrying out appropriate backups of all relevant data and systems of any goods subject to a Supplier Warranty prior to returning the goods to us; and
- whilst we will take all reasonable steps prevent any loss of data, corruption or system failure in respect of goods returned to us, you will not hold us liable for any loss or damage arising during the repair process.
You acknowledge and agrees that Pro AV Solutions is not responsible for:
- any loss or damage caused to the goods during transit (either on return to us or upon redelivery to you of the original or repaired and/or replacement goods);
- any delay in determining your claim under the Supplier Warranty or providing you with any remedy under such claim; or
- any loss of data, corruption or system failure in respect of data or systems installed on the goods.
In certain circumstances we well second-hand goods which have been traded in from another customer of ours. These goods will be described on the website as second-hand goods and will be sold in “as is” condition. The Supplier Warranty and/or Manufacturer’s Warranty (where applicable) that apply to new goods supplied under these Terms and Conditions does not apply to second-hand goods. The only warranty we will supply in relation to second-hand goods sold by us is the warranty to repair said goods, which exists for a period of ninety (90) from the date of purchase. To the fullest extent possible we make no warranties as to the fitness or purpose and condition of second-hand goods sold on this website.
We are not liable for any loss caused to you by reason of strikes, lockouts, fires, riots, war, embargoes, civil commotions, acts of God or any other activity beyond the Supplier’s control.
In relation to the supply of goods, Pro AV Solutions’ liability is limited to:
(a) replacing the goods or supplying similar goods;
(b) repairing the goods;
(c) providing the cost for replacing the goods or for acquiring equivalent goods;
(d) providing the cost of having the goods repaired.
Pro AV Solutions shall not be liable for any guarantee, warranty or representation as to the quality, performance, and fitness for purpose or otherwise of any goods and/or services unless expressed in writing and signed on behalf of Pro AV Solutions and any such warranty or representation shall be limited to its express terms.
Pro AV Solutions is not liable, for loss of profit, economic or financial loss, damages, consequential loss, loss of opportunity or benefit, loss of a right or any other indirect loss suffered by you as a result of the goods supplied.
You agree to indemnify Pro AV Solutions and keep Pro AV Solutions indemnified against any claim that arises out of the goods and services supplied under this agreement. This indemnity includes any legal fees and expenses Pro AV Solutions incurs in order to enforce its rights, on an indemnity basis.
In no circumstance whatsoever shall Pro AV Solutions be liable to you or to any third party for any loss of data or profits, loss of anticipated savings, economic loss or interruption of business or for any indirect or consequential loss (“Consequential Loss”) arising out of your failure to comply with its responsibilities or out of the late delivery of goods and/or services or any failure to perform or observe our obligations under any contract or implied terms and you agree to keep Pro AV Solutions fully indemnified against any claim made against us by a third party for any Consequential Loss.
Nothing in these terms and conditions of use shall be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the application in relation to the supply of any goods pursuant to these terms and conditions of use all or any of the provisions the Competition and Consumer Act 2010 (Cth) or any relevant State or Federal Legislation which by law cannot be excluded, restricted or modified.
All texts, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively “content”) including but not limited to the design, structure, selection, co-ordination, expression, ”look and feel” and arrangement of such content contained on the website is owned, controlled or licensed by or to us and is protected by copyright, patent and trademark laws and various other intellectual property rights and unfair competition laws. As set out we are either the owner, controller, or icensor of the content. In certain circumstances we will provide to customers the interface but not the computer code to enable to the customer to better deal with the system/products supplied by us. In those circumstances the customer will be asked to execute with us a Software License Agreement that can be provided upon request. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
In relation to the website or the content:
copy, reproduce, re-publish, upload, post, publically display, encode, translate, transmit or distribute in any way (including “mirroring”) to any other computer, server, website or other medium or publication or distribution or for any commercial enterprise, or commercialise any information, products or services obtained from any part of this website; without our express prior written consent.
Except where otherwise specified, any word or device to which is attached the TM or ® symbol is a registered trade mark.
If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
(a) in or as the whole or part or your own trade marks;
(b) in connection with activities, products or services which are not ours;
(c) in a manner which may be confusing, misleading or deceptive;
(d) in a manner that disparages us or our information, products or services (including this website).
Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this website.
Specific Warnings – Website
You must ensure that your access to this website is not illegal or prohibited by laws which apply to you. You warrant to us that you are of sufficient legal age to use or participate in all services and features available on the website.
You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website. Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website. Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.
We make no warranty that goods acquired from us over this website will meet your requirements. Details contained on this website relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this website concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this website.
You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
This website may contain links to other websites (“linked websites”). Those links are provided for convenience and may not remain current or be maintained. Such linked websites are not under our control and accordingly we are not responsible for and we do not endorse the content of such linked websites, including any information or materials contained on such linked websites. You will need to make your own independent judgement regarding your interaction with these linked websites. We are not responsible for the content or privacy practices associated with linked websites. Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.
We take all reasonable steps to keep secure any information which we hold about you. Personal information may be stored both electronically on our computer system, and in hard-copy form. Firewalls, 128 SSL encryption, passwords, anti-virus software and email filters act to protect all our electronic information.
We do not store credit card information, we securely submit credit card information to our bank for processing.
Termination of Access
Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.