Terms and Conditions
Please read these Terms and Conditions carefully before accessing or using our Site.
This website www.techniwaterjet.com (Site) is owned and operated by Techni Waterjet Pty Ltd ABN 53 053 413 817 (Techni, we, us or our).
These terms and conditions including any other terms incorporated into them by reference or made available by hyperlink (Terms) are a binding agreement between Techni and any person accessing information, tools or services available from the Site, including submitting requests for ordering products from the Site (Service) (referred to as person, you or your).
By visiting any part of our Site and/or making order requests on our website, you engage with our Service and you agree to be bound by the Terms.
You warrant to us that you are at least 18 years of age and that you are legally capable of entering into binding contracts. If you are under 18 years of age, you warrant that you have obtained consent from your parent or legal guardian and that they agree to be bound by these Terms on your behalf.
- Techni will use reasonable efforts to ensure that our Site is available, however temporary interruptions of our Site may occur. We will not be liable to you or anyone else if for any reason our Site is unavailable at any time or for any period. We may also restrict access to some parts of or the entire Site, from time to time.
- All content and information provided on or through our Site are provided on an ‘AS IS’ and ‘AS AVAILABLE’ basis, without any warranties or conditions of any kind either express or implied, including implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement. While we try to ensure that information on the Site is accurate at the time of inclusion, we are not responsible if content or information made available on our Site is not accurate, complete or current. The content or information on our Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the content or information on our Site is at your own risk.
- We reserve the right to refuse to supply the Service to anyone, or to withdraw or amend the Service, for any reason at any time without notice, but we have no obligation to do so. You agree that it is your responsibility to monitor changes to our Site.
- Products and Pricing
- All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
- Once your order request has been processed by a member of the Techni team, an invoice will be generated and sent to you by email to confirm pricing of the product/s. The email will be sent to the email address you provided through the order request.
- Prices on the invoice will be denominated in the currency stipulated on the invoice. Unless expressly specified, prices on the invoice do not include applicable taxes. The final amount at checkout will be subject to the relevant exchange rate as applied by the payment processor.
- Your financial services provider or the payment processor may charge administration fees, currency conversion fees, merchant fee or other fees on purchases of any products from the Site and on any refunds that we provide in accordance with these Terms. We are not responsible or liable for any such fees or charges.
- Any offer for any product or service that is made on our Site is void if you access the Site from, or reside in a place in which, an offer of that kind is prohibited.
- Certain products and services may be available exclusively online through our Site. These products or services may have limited quantities or availability time frames, and these products are subject to return or exchange only according to clause 8 and clause 11.
- Orders and billing
- To place an order request for products through the Site, you must be over 18 years of age, and have an email account and a valid debit or credit card issued by a bank acceptable to us, or our payment processor.
- By placing an order request for any products or services through the Site, you are offering to purchase those products or services in accordance with our Terms. Any order requests placed are subject to availability and confirmation of the price of the products or services.
- You must follow the instructions on our Site when placing an order request. We will send you an email confirmation when we receive your order request, usually within 30 minutes of your order (during business hours, Melbourne local time). This email only acknowledges your order request and does not constitute acceptance of your order. If we make a change to or cancel an order, we will attempt to notify you using the contact information you provided at the time the order was made.
- By submitting order requests or purchasing any products shown on our Site, you warrant that you are purchasing the products for your own use and are not purchasing any products for any trade purposes or for resale to any third parties.
- You agree to provide current, complete and accurate purchase information for all purchases of any of our products or services shown on our Site.
- We reserve the right, but are not obliged, to:
- refuse any order you place with us, including any order that (in our sole discretion) appear to be placed by dealers, resellers or distributors;
- limit sales to any person, geographic region or jurisdiction;
- limit the quantities of any products or services that we offer per person, per household or per order; or
- discontinue any product or service at any time.
We may exercise these rights on a case-by-case basis. Any order restrictions may be applied to orders placed under the same credit card and/or orders that use the same billing and/or shipping address.
- Unless we have previously notified you that we do not accept your order, for any reason, or if you have already cancelled your order in accordance with these Terms, our acceptance of your offer to purchase our products and the formation of a contract between us occurs when:
- we approve your payment; or
- we, or our payment processor, debits your account and the funds have cleared.
- In respect of orders:
- The final amount payable for your order and delivery (including any applicable delivery and handling fees) is shown on the invoice which is emailed to you. You agree to pay the final amount in accordance with the payment terms specified on the invoice.
- For specific existing customers, payment terms will depend on the specific customer’s credit terms that we have in our ERP system.
- Your payment for the order must be cleared before we dispatch our products to you. If for any reason your card issuer declines your payment, we cannot hold your order and you must submit a new order.
- If we offer free shipping, it only applies in accordance with any promotional offers from time to time. Free shipping, if offered, only applies to standard delivery in Australia. It does not apply to express shipping or to shipping to a place outside of Australia.
- If you place consecutive orders with us separately, we cannot consolidate the orders. Separate delivery charges will be applied to each order.
- If any product ordered by you is not in stock at the time of delivery, we will offer you the following options:
- deliver the remaining products to you and deliver the unavailable product when it comes back into stock;
- supply an agreed substitute product; or
- refund you the cost of the unavailable product.
- Payments for orders can be made in the following ways:
- bank cheque;
- bank transfer; or
- credit card payment made over the phone.
- Terms defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth) (GST Act) have the same meaning when used in this clause unless expressly stated otherwise.
- Except where these Terms specify otherwise, an amount payable by a party under these Terms in respect of a taxable supply by the other party represents the value of the supply (Supply Amount). The recipient of the supply must, in addition to the Supply Amount and at the same time, pay to the supplier the amount of GST imposed by the GST Act payable in respect of the supply. For the avoidance of doubt, the GST amount payable under this clause will be calculated by multiplying the Supply Amount by the prevailing GST rate.
- If at any time an adjustment is made between the supplier or any other payer of GST and the relevant taxing authority on account of GST on any supply made or other matter or thing done under or in connection with these Terms by the supplier, a corresponding adjustment must be made as between the supplier and the recipient and any payment required to give effect to the adjustment must be made. The supplier must provide to the recipient an adjustment note relating to the adjustment within 7 days.
- Taxes and International orders or subscriptions
- If international orders or subscriptions to your chosen country of delivery are permitted through the Site, such orders or subscriptions are not subject to Australian GST.
- International orders or subscriptions may be subject to applicable duties, fees, levies and taxes in the destination country. They may also be subject to charges for customs clearance under local customs laws or formalities. Such charges are levied by the importing country at the time that the products are delivered to the destination country. The recipient of international orders or subscriptions, as the importer, is responsible for paying all applicable local duties, fees, levies, taxes and charges for customs clearance.
- For information on importing goods to your destination country, and any applicable charges, levies, taxes please contact your local government authority.
- You must nominate a location for delivery when submitting an order request.
- Once payment for your order has been received by our payment processor, we will arrange for your order to be delivered. We do not control deliveries or delivery times once our products have been dispatched from our warehouse.
- All delivery and shipping costs will be specified in the invoice that we send to you by email. We use several third party couriers due to shipping to various countries. If your delivery has not arrived within a reasonable timeframe, please contact us to discuss the next steps.
- To the extent permitted by law, we will not be liable to you for any delay in delivering our products. Processing may take longer during certain times of year. We do not process any orders for our products until our payment processor confirms that it has received payment for our products.
- We are not responsible or liable for any delay or failure to deliver any products ordered from us as a result of any legal, customs or regulatory restrictions imposed by any countries.
- You must arrange for our products to be accepted on delivery by a person 18 years or older. If delivery is delayed due to your unavailability or refusal to accept our products (or if you do not accept delivery of our products within two (2) weeks of our first delivery attempt), we may:
- charge you for storage fees up until the date of successful delivery; or
- cancel your order (in which case we will refund you the fees paid for our products, excluding delivery and handling fees which are non-refundable).
- Title to our products passes to you once the cleared payment of the final amount has been received by us. Risk to our products passes to you once they have left our premises.
- If for any reason you are not satisfied with our products, we will gladly offer you a refund provided that you notify us within 30 days from the date of purchase. We would love to hear your feedback so that we can continue to serve you better.
- We do not refund delivery and handling fees, except where we deliver the wrong products to you.
- In the unlikely event that any of our products are subject to a product recall, we will post a notice on our Site and/or contact you (or the recipient of the product) by the most appropriate means, including by email, SMS, telephone or instant messaging.
- We will provide you with instructions regarding next steps with respect to returning the products, in accordance with our recall notice.
- Prohibited use
In using the Service, you will not, will not attempt to, or permit any person to:
- use the Service for any unlawful purpose;
- violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- submit false or misleading information;
- derive or attempt to derive the source code or structure of all or any portion of the Site by reverse engineering, disassembly, de-compilation, or any other means;
- interfere or tamper with any security-related or other features on the Site;
- reproduce, republish, adapt, alter, transmit, translate, distribute, “frame”, “mirror” or otherwise incorporate any part of the Site and any content on the Site, into any other website without our prior written consent;
- remove, tamper with any of the intellectual property rights or any copyright, trade mark or other proprietary notice of ours or any other entity on the Site;
- do anything that imposes an unreasonable or disproportionately large load on the Site or any network or website connected to the Site;
- post to the Site or transmit or distribute any code, files or programs designed to interrupt limit or destroy the functionality of any computer software or hardware or any Trojan, worm or logic bomb;
- send any unsolicited advertising or promotional material through the Site;
- collect or track the personal information of others;
- spam, phish, pharm, pretext, spider, crawl, or scrape;
- interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; or
- commit or encourage a criminal offence.
- Consumer Law
- The Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and other similar consumer protection laws and regulations may imply certain rights, consumer guarantees, warranties and remedies relating to our products and the Service which cannot be excluded, restricted, qualified or modified by us (Non-Excludable Rights). Nothing in these Terms excludes or attempts to exclude your Non-Excludable Rights as a consumer under the ACL.
- To the maximum extent permitted by law or any statutory consumer guarantee contained in, any applicable law, our liability to you for a breach of these Terms or the ACL will be limited to:
- offering you a refund for a major failure of our product; or
- replacing the product where it fails to be of an acceptable quality but the failure does not amount to a major failure.
- Replacement products will be shipped once we receive the faulty product or satisfactory evidence of the faulty product.
- If you are not satisfied with the quality of our products on delivery, please contact us to discuss your options. Where applicable, we will comply with our obligations under the ACL.
- To the extent permitted by law, we exclude all warranties and conditions in relation to our products implied by law including those contained in the Sale of Goods Act 1958 (VIC) and the equivalent sale of goods legislation in the other states and territories of Australia.
- To the maximum extent permitted by law, or any statutory consumer guarantee contained in, any applicable law, we exclude liability arising from or in connection with:
- direct or indirect damages and consequential losses, whether based in contract, tort (including negligence), strict liability or otherwise, suffered as a result of fraudulent credit card use; or
- direct or indirect damages and consequential losses, whether based in contract, tort (including negligence), strict liability or otherwise, suffered as a result of your use of the Service or any of our products, or any content or information made available through the Service.
- You agree to indemnify, defend and hold harmless Techni and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
- To the maximum extent permitted by law, or any statutory consumer guarantee contained in, any applicable law, we exclude liability arising from or in connection with:
- Intellectual property
- We own or are licensed all right, title to and interest in the Service including all content, text, images, trade marks and logos displayed on the Service (Techni IP).
- We grant you a limited, personal, revocable, non-exclusive, non-transferrable and non-sublicensable licence to use the Techni IP for the sole purpose of accessing the Service in accordance with these Terms.
- You acknowledge that other than the express licence granted to you in this clause, you obtain no other rights, implied or otherwise, in respect of the Techni IP.
- Third party websites
- Certain content, products and services available via our Service may include materials from third parties.
- Third party links on our Site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties.
- We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
- The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
- These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Service, or when you cease using our Site.
- If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and/or accordingly may deny you access to our Service (or any part thereof).
- Entire Agreement
- The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
- These Terms and any documents incorporated by reference or made available via hyperlink constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
- Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
- Governing law
These Terms and any separate agreements whereby we provide you a Service shall be governed by and construed in accordance with the laws of the State of Victoria, Australia.
- Changes to these Terms
- You can review the most current version of these Terms at any time at this page.
- We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Site.
- It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
- Contact information
Questions about these Terms should be sent to us at: [email protected].
These Terms were last updated on 19 January 2023.