Terms & Conditions
Please call if you have any questions or do not understand this agreement. Refer to our website for terms and conditions and further information. Thermo Fans Australia appreciates your business and pride ourselves on our customer service. We are always happy to offer you advice and will provide you with help in any way we can. The purpose of this agreement is to avoid any hard feelings.
Do not use, modify, install, trial assemble, nick, drop, scratch or adjust any part until you first check for any damage. Damage must be reported immediately. If there are any components missing please contact us immediately upon receipt of your shipment. Missing components must be reported within five (5) business days of receipt. Parts returned for any reason MUST BE IN RESALABLE CONDITION. It is YOUR responsibility as THE CUSTOMER to carefully package any returns to avoid shipping damage. Insurance is highly recommended. Credit cannot be issued for damaged goods.
Any modifications to the product will void any and all warranties and will not be exchanged. Before installation, check new car warranty. Thermo Fans Australia is not responsible for voiding any original manufactures warranty.
All warranty claims must be returned to Thermo Fans Australia, you must return the product and sales receipt, at your own expense, accompanied by a letter stating the reason for the claim. Proof of purchase must be provided with any warranty claim and will be verified with Thermo Fans Australia from which the product was purchased.
If all the above procedures are followed, and the product is found to be defective in either workmanship or material, Thermo Fans Australia shall replace the product, at its sole discretion, and sole cost. This limited warranty does not cover or apply to any personal injury, labour charges or any other incidental costs or damages caused by the defective product. The individual purchaser acknowledges and agrees that the disclaimer of any liability for personal injury is a material term for this agreement and the individual purchaser agree to indemnify Thermo Fans Australia and to hold Thermo Fans Australia harmless for any claim related to the item of the equipment purchased. Under no circumstances will Thermo Fans Australia be liable for any damages or expenses by reason of use or sale of any such equipment. Except for those obligations assumed herein, Thermo Fans Australia assumes no other obligations in connection with the sale of products.
The purchase of this product indicates that the individual purchaser has read and understood this agreement and accepts its terms and conditions.
Access to this website is granted by Thermo Fans Australia subject to the following conditions. If you do not agree to any of these conditions, please discontinue your access.
Thermo Fans Australia currently accept Credit Cards, PayPal and Direct Deposit via the online checkout. Credit Card payments through PayPal are also accepted. EFTPOS payments are accepted when placing orders via the telephone.
The information and materials contained in this site and all sites linked to this site ("website"), including text, graphics, links or other items - are provided "As is", "As Available". Thermo Fans Australia does not warrant the accuracy, adequacy, reliability or completeness of this information and materials and expressly disclaims liability for errors or omissions in such information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials. Thermo Fans Australia does not make any representation, warranty or endorsement of any of the products, services or information provided in this website. Thermo Fans Australia reserves the right to refuse service to any customer it deems necessary. All products and services sold shall be subject to our "Terms & Conditions of Sale Policy" This disclaimer shall take effect to the fullest extent permitted by law.
EXCLUSION OF LIABILITY
Thermo Fans Australia shall in no event be liable for any damages, loss or expense including without limitation, direct, indirect, special, or consequential damage, or economic loss arising from or in connection with: any access, use or the inability to access or use this website, or reliance on the contents of this website; any system, server or connection failure, error, omission, interruption, delay in transmission, or computer virus; any use of or access to any other website linked to this website; any product, service or information of any merchant or service provider, even if Thermo Fans Australia or its agents or employees are advised of the possibility of such damages, losses and/or expenses. Any hyperlinks to any other websites are not an endorsement or verification of such websites and such websites should only be accessed at the users own risks. This exclusion clause shall take effect to the fullest extent permitted by law.
GOVERNING LAW AND JURISDICTION
Any facilities and/or services offered through this website are strictly for Thermo Fans Australia customers' access and/or use Worldwide. Other than as aforesaid, nothing in this website shall be construed as Thermo Fans Australia providing services and facilities outside of the abovementioned territories. By accessing this website and using the facilities and/or services offered through this website, you agree that International law shall govern such access and the provision of such facilities and/or services and you agree to submit to the exclusive jurisdiction of the Australian courts.
TERMS AND CONDITIONS OF SALES
(For Customers in Australia Only)
"Thermo Fans Australia" means the Thermo Fans Australia selling products to the Customer as identified in Thermo Fans Australia Quotation or Invoice. "Customer" means the person or legal entity identified in Thermo Fans Australia Quotation or Invoice. "Contract" means a contract for sale by Thermo Fans Australia to the Customer of the products and/or services incorporating the Terms and Conditions.
2. FORMATION OF CONTRACT
2.1 No Contract shall come into existence until the Customer's order has been accepted by Thermo Fans Australia and such acceptance has been received by the customer. The contract shall deem to be concluded at the time and place where such acceptance is received by the Customer.
2.2 The products sold and/or services rendered are subject to the Terms and Conditions to the exclusion of any other terms and conditions stipulated or referred to by Customer. The Customer acknowledges that it is aware of the contents of and agrees to be bound by the Terms and Conditions.
2.3 These Terms and Conditions are subject to the laws of Australia including without limitation the Trade Practices Act 1974 (the Act).
3. ORDERS, PRICE AND PAYMENT
3.1 Unless credit terms have been expressly agreed by Thermo Fans Australia, payment for the products or services shall be made in full before physical delivery of products or services.
3.2 Customer shall pay for all shipping and handling charges.
3.3 Customer shall bear all country, provincial, government, state and local sales, use, goods and services, value added, excise, privilege and similar levies/taxes.
4.1 Thermo Fans Australia shall deliver the products to the place of delivery designated by Customer and agreed to by Thermo Fans Australia ("Place of Delivery").
4.2 Thermo Fans Australia may, at its discretion, deliver the products by instalments in any sequence. Where the products are so delivered by instalments, each instalment shall be deemed to be the subject of a separate contract and no default or failure by Thermo Fans Australia in respect of any one or more instalments shall vitiate the Contract in respect of products previously delivered or undelivered products.
4.3 Any dates quoted by Thermo Fans Australia for the delivery of the products are approximate only and shall not form part of the Contract. Thermo Fans Australia shall not be liable for any delay in delivery of the products and/or services, howsoever caused.
5. ACCEPTANCE OF PRODUCTS
5.1 Unless the Customer notifies Thermo Fans Australia to the contrary on the day of delivery and such notification is confirmed in writing within two days, the Products shall be deemed to have been accepted by the Customer as being in good condition and in accordance with the Contract. The Customer shall not be entitled to withhold payment of all or any of the prices of the Products whilst any claim is being investigated by Thermo Fans Australia.
5.2 New products purchased under these Terms and Conditions directly from Thermo Fans Australia by an end-user Customer may be returned by Customer up to seven (7) days from the date of the invoice for a replacement, refund or credit of the purchase price in accordance with Thermo Fans Australia "Total Satisfaction Policy" in effect in Australia on the date of the invoice. The refund or credit will not include any shipping and handling charges forming part of the purchase price. Returned products must be received by Thermo Fans Australia in as-new or as-shipped-by- Thermo Fans Australia condition, including conformance to invoiced specification, and all of the manuals, diskettes, CDs, power cables and other items included with a product must be returned with it.
6.1 A Standard Warranty does not cover damage, fault, failure or malfunction due to external causes, including accident, abuse, misuse, problems with electrical power, servicing not authorized by Thermo Fans Australia, usage and/or storage and/or installation not in accordance with Product instructions, failure to perform required preventive maintenance, normal wear and tear, act of God, fire, flood, war, act of violence or any similar occurrence.
6.2 The Standard Warranty does not cover any items that are in one or more of the following categories: software; external devices; accessories or parts added to the Product after the Product is shipped from Thermo Fans Australia.
6.3 During the manufacturers warranty period, if applicable, beginning on the invoice date, Thermo Fans Australia will replace Products returned to Thermo Fans Australia facility. Customer must prepay shipping and transportation charges, and insure the shipment or accept the risk of loss or damage during such shipment and transportation. Thermo Fans Australia will ship the replacement products to Customer freight prepaid.
6.4 While not affecting any non-excludable warranty or guarantee implied by law, Thermo Fans Australia does not give any warranty that the Products are fit for any particular purpose and this Standard Warranty is given in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, trade usage, course of dealing or otherwise including warranties or conditions of merchantability, fitness for purpose, satisfactory quality and/or compliance with description, all of which are hereby excluded to the fullest extent permitted by law.
6.5 The Customer agrees that to the extent permitted by law, in relation to third party products purchased through Thermo Fans Australia, where such of the Products are covered by a relevant manufacturer's warranty, then the Customer will first make a claim against the manufacturer and shall utilise that warranty for the support of such Products and in any event not look to Thermo Fans Australia for such warranty support in the first instance.
7.1 Thermo Fans Australia shall not be liable in contract or in tort for any loss or damage suffered and consumers' rights are limited to those set out in these Terms and Conditions and under statute.
7.2 To the extent permitted by law and subject to clause 10.7, Thermo Fans Australia total liability herein in respect of each event or series of connected events shall not exceed the total price paid for the purchase of products and/or services under these Terms and Conditions.
7.3 The Customer shall indemnify Thermo Fans Australia and keep Thermo Fans Australia fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or willful misconduct of the Customer, its employees, agents or sub-contractors or by any breach of its contractual obligations arising out of these Terms and Conditions.
7.4 To the extent permitted by law, Thermo Fans Australia and Customer agree that Thermo Fans Australia will not be liable for Products not being available for use, or for data or software which is lost, corrupted, deleted or altered. Thermo Fans Australia shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use or performance of products or services, even if Thermo Fans Australia has been advised of their possibility.
7.5 Any service response times stated by Thermo Fans Australia in the service contracts are approximate only and Thermo Fans Australia shall not be liable for any direct or indirect loss or damage arising from its failure to meet such response times, howsoever occasioned.
7.6 To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by Thermo Fans Australia shall be subject to correction without any liability on the part of Thermo Fans Australia.
7.7 Under the Act, where implied conditions and warranties cannot be excluded, Thermo Fans Australia liability for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at Thermo Fans Australia option, to : (a) in the case of products, the replacement of the products or the supply of equivalent products; the payment of the cost of replacing the products or of acquiring equivalent products;; OR (b) in the case of services, the supplying of services again; or the payment of the cost of having services supplied again.
8. FORCE MAJEURE
Neither party shall be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of the party so delaying, and such party shall be entitled to a reasonable extension of time for the performance of such obligations.
9. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Australian Capital Territory and shall be subject to the non-exclusive jurisdiction of the courts of the Australian Capital Territory.
10.1 The Customer shall not be assign or otherwise transfer any Contracts or any of its rights and obligations hereunder whether in whole or in part without the prior written consent of Thermo Fans Australia. Any such unauthorized assignment shall be deemed null and void.
10.2 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby. March 2011 Revised Edition 1.0
TOTAL SATISFACTION POLICY
If you are an end-user customer who bought new products directly from Thermo Fans Australia you may return them to the Thermo Fans Australia warehouse within 7 days of the date of invoice for replacement or a refund or credit of the product purchase price. The refund or credit will not include any shipping and handling charges forming part of the purchase price. If you are an organization that bought the products under a written agreement with Thermo Fans Australia, the agreement may contain different terms for the return of products than specified by this policy.
Page last updated 19/01/2020 1:17pm AEST