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Terms of Use

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1. Definitions:

In these Terms and Conditions the following definitions apply:

Customer means a person, firm, association, corporation or other legal entity, jointly and severally if there is more than one, acquiring Goods or Services from the Seller.

Goods means items supplied by the Seller to the Customer.

Services means services supplied by the Seller to the Customer.

Terms means these Terms and Conditions of purchase.

Agreement means the contract entered into for the supply of Goods and/or Services by the Seller to the Customer.

Quotation means any pricing information, whether printed or online, given to the Customer by the Seller for supply of Good or Services. All Quotations are strictly an Invitation to Treat only. Quotations for non standard Goods or special pricing are only valid if it is in writing and supplied by an authorised representative of the Seller.

2. Basis of Agreement:

The Terms apply to every purchase Agreement and cannot be varied or supplanted by any other condition of purchase, including any Customer terms and conditions, unless otherwise agreed in writing by an authorised representative of Colbycool prior to the Colbycool’ acceptance of the offer to purchase from the Customer.

Quotations are valid for 30 days from the date of the original quotation and may include additional terms and conditions which are not inconsistent with the Terms.

Acceptance of the Agreement in writing, by electronic means or by the supply of Goods or Services to the Customer by Colbycool confirms acceptance of the offer from the Customer.

Colbycool may at its absolute discretion refuse to accept any offer.

3. Accuracy:

All information in this site is provided to our best ability and maintained with information supplied by our vendors.

However, in case of error the Customer shall indemnify and hold harmless Colbycool against any and all claims, demands, actions, suits, losses, liabilities, damages, costs and expenses, including without limitation, reasonable legal fees, costs and expenses relating to Customer’s use of our services.

Images displayed on this web site should be regarded as illustrative and informational purpose only. The actual products may not be identical to the images.

4. Price:

Due to the dynamic nature of the market and the volatility of exchange rates, prices are subject to change without prior notice. In case of significant discrepancies between the posted and then the current prices at date of purchase, Colbycool will advise the Customer prior to shipping or charging any costs to them at which time the Customer can decline to proceed with the purchase at no cost to them.

All prices are quoted in AUD (Australian Dollars) unless specifically stated otherwise.

5. Selection of Goods or Services:

The Customer agrees that:

It has not relied on any service involving skill or judgement, or on any advice, recommendation, information or assistance provided by the Seller in relation to the Goods or Services or their use, fitness for purpose or application;

It has the sole responsibility of satisfying itself that the Goods or Services are suitable for the use of the Customer or any contemplated use by the Customer, whether or not such use is known by the Seller and the Customer has ensured it meets all relevant applicable standards and regulatory authority requirements before using the Goods or Services.

Any description of the Goods or Services provided in a Quotation or invoice is given by way of identification only and the use of such description does not constitute a contract of sale by description.

Colbycool takes no responsibility for damages, injuries, fines, liabilities or costs whatsoever caused by using our Goods or Services. Once goods are dispatched all onus is on the Customer to exercise caution and abide by all relevant applicable laws.

6. Liability & Indemnity:

Except as specifically set out herein, any terms, conditions or warranty in respect of the quality, merchantability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Goods or Services, whether implied by statute, common law, trade usage, custom or otherwise, is hereby expressly excluded.

Replacement of the Goods, the cost of replacement of Goods or re-supply of Services is the absolute limit of the Sellers liability howsoever arising under or in connection with the purchase, use, storage or any other dealings with the Goods or Services by the Customer or any third party.

The Seller is not liable for any direct, indirect or consequential losses or expenses suffered by the Customer or any third party, howsoever caused, including, but not limited to, the loss of turnover, profits, business or goodwill or any liability to another party.

The Seller will not be liable for any loss or damage suffered by the Customer where the Seller has failed to deliver Goods or Services or fails to meet delivery date or cancels or suspends the supply of Good or Services.

Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or supply of services which cannot be excluded, restricted or modified.

7. Cancellation:

If through circumstances beyond the control of the Seller, the Seller is unable to effect delivery or provision of Goods or Services, then the Seller may cancel the Customer’s order (even if it has already been accepted) by notice in writing to the Customer, without prejudice to the Seller’s entitlement to payment of any accrued transport or carrier charges.

No actual or claimed cancellation or suspension of an order or any part of it by the Customer is binding on the Seller after that order has been accepted.

8. Delivery:

The delivery of all goods will be via Australia Post unless stated otherwise.

The Customer is responsible for all costs associated with delivery, including freight, insurance and any other charges arising from the point of dispatch of the Goods to the Customer’s nominated point of delivery. To avoid re-delivery fees, deliveries may be left at the nominated address without a signature if the addressee or their agent is absent. If delivery cannot be made in accordance with this condition and a re-delivery fee is charged by the delivery agent the Customer agrees to reimburse the Seller for these additional costs which can be automatically applied to any credit card, credit facility or the Customer’s account upon notification by the Seller to the Customer of the extra fees.

The responsibility, risk and liability for theft, damage, loss or otherwise in respect to the Goods passes to the Customer immediately the Goods are dispatched from the Seller’s or Seller’s vendor premises.

The Customer assumes all risk, responsibility and liability for loss, damage or injury to persons or property of the Customer, or third parties arising out of the use or possession of any Goods purchased from the Seller whether such goods are used singularly or in combination with other Goods, substances or processes.

Colbycool endeavours to provide Goods or Services in a timely manner however any date or period stated by Colbycool for the delivery of Goods or Services is an estimate only and not a contractual commitment. Colbycool will use its reasonable endeavours to supply within the estimated time frame. If the Goods or Services are known to be unavailable for any reason, Colbycool will contact the Customer within 2 business days upon receiving this information.

Depending on the type of delivery and/or the products chosen by the Customer, will determine the length of time before the Goods or Services are received. On average please allow 4 - 5 working days for delivery, this might be extended due to the geographical location of some Customers. If Goods or Services are ordered direct from our International suppliers, shipments may take up to 3 - 6 weeks. If Customers have any questions regarding estimated shipping time they are more than welcome to E-mail, Fax or Phone our sales department to receive an updated shipping estimate.

Any incorrect Goods received or missing Goods must be reported to Colbycool within 24 hours of the Customer receiving the delivery if this is a working day or by close of business on the next working day. This can only be done by E-mail, Fax or Phone.

If the Goods received are not what was ordered the Customer must not open the sealed package in which it was sent. Opening sealed packages or any attempt to use the incorrect item will be deemed to be acceptance by the Customer of the Goods as a satisfactory substitute for the one that was ordered and no further claim can be raised thereafter.

Colbycool retains ownership of title to any extra goods shipped with a Customer’s order that have been despatched in error.

9. Return for Refunds:

Return for Refund is at the absolute discretion of Colbycool.

Return for Refund will only be accepted within 7 days of the Customer receiving the s and receiving written permission from Colbycool to return the Goods.

All Goods returned to Colbycool under a Return for Refund must be in accordance with Terms item 11. Returns (see below) and have a Return Authorisation (RA) number which must be clearly marked on the outside of the returned package.

A restocking fee of up to 35% of the purchase price will be deducted from the refund amount.

Return for Refund Goods must be in their original condition and include all the original packaging in a condition that will allow for resale.

There will be no credit given on order price differences due to price reductions after the Seller accepts the Customer’s offer to purchase.

Shipping and handling cost on Return for Refunds are not refundable.

Please refer to the warranty section for refund procedures regarding Dead On Arrival Goods.

10. Warranty:

To the extent governed by State or Federal laws, return of merchandise is limited to faulty goods or items wrongly supplied by Colbycool only. We inspect and insure the goods are correct and are of a merchantable quality prior to delivery.

Goods under warranty cover will be replaced or repaired by the manufacturers and/or their representatives. Warranty for individual parts we sell, which are not manufactured by Colbycool, are provided by the manufacturers or their representatives, not Colbycool. Colbycool is responsible for the handling of most products’ warranty processes.

Colbycool does not handle warranty claims for those goods where the manufacturer accepts direct warranty claims from Customers.

No refund can be provided under any circumstances for warranty claims.

Customers must inspect all items upon receiving them and advise Colbycool of any faulty Goods as soon as reasonably possible but not exceeding 7 days from receipt.

Faulty Goods discontinued by manufacturers will be upgraded to a similar product or a credit will be given at the current market value or the purchase price whichever is lower.

All warranties are voided if returned Goods are found in any way to have been mishandled, mis-installed, modified, tampered, abused, physically damaged or used under wrong operating parameters. e.g. voltage, current, loading, pressure, etc.

All warranties will be void on items that are insufficiently or inadequately packaged when returned.

DOA (Dead on Arrival) Goods are eligible for refund or a replacement from Colbycool or our supplier’s stock. DOA Goods must be reported within 7 days from the time the Customer receive the Goods. Failure to report a DOA Goods within 7 days will result in claim for Goods as a DOA being denied. (Note - This is particularly important for some Goods where the manufacturers or their representatives have strict guidelines).

Customers must request a Return Authorisation (RA) number prior to returning any merchandise to Colbycool.

Colbycool will not be responsible for any losses, consequential or otherwise, resulting from the time it takes to have the faulty Goods replaced or repaired.

11. Returns:

Customers wishing to return faulty goods must contact Colbycool to get authorisation which is valid for 10 days from date of advice.

Customers are responsible for all shipping and insurance costs involved in sending the warranty claim Goods back to Colbycool.

Colbycool is not responsible for any Goods missing in transit on its return back to Colbycool or the manufacturer or their representatives.

Goods returned without authorisation will not be accepted and returned to the Customer or sender at their expense.

Colbycool will not accept liability for any costs incurred to return Goods and reserves the right to refuse delivery of those Goods where it may incur a liability for those costs.

A detailed fault description sheet must be sent together with all returning warranty Goods, accompanied by relevant pictures.

If any Goods returned for warranty claim are determined to be physically damaged, the Goods will be returned to the Customer ‘as is’ at the Customer’s cost.

If the returned goods are determined by Colbycool to not be faulty, then all shipping fees for returning the items to the Customer will be borne by the Customer. We will seek the permission from the Customer to charge this cost to the Customer’s credit card, credit facility or account where possible however Colbycool reserves the right to charge these fees to the Customer if unable to obtain permission within 2 business days.

Colbycool also reserves the right to charge the labour cost for examining these Goods where no fault was found.

Certain merchandise may not be returnable, to the extent permitted by laws.

12. Damage:

In case of damage, please make damage claims directly to the carrier for Goods when shipped by a common carrier. Note: If the Goods appear to be damaged or the packaging shows signs of damage we strongly recommend that the Customer either:

Refuses delivery of the damaged goods and/or

Opens the package and inspects the Goods whilst the carrier’s representative is still present and/or

Not sign the delivery receipt or clearly note that the Goods are only accepted subject to inspection.

13. Payment:

Payment in full for all merchandise must be completed prior to shipping unless otherwise agreed in writing by Colbycool.

14. Miscellaneous:

The laws of Australia from time to time govern the Terms and the parties agree to the non-exclusive jurisdiction of the courts of New South Wales, the Federal Court of Australia and of courts entitled to hear appeals to these courts.

Failure by the Seller to enforce any of these Terms shall not be construed as a waiver of any of the Sellers’ rights.

If any of the Terms are unenforceable it shall be read down so as to be enforceable or, if it cannot be so read down, the conditions shall be severed from these Terms without affecting the enforceability of the remaining conditions. A notice must be in writing and handed personally or sent by facsimile, e-mail or prepaid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting. Notices sent by facsimile are deemed to be received on the facsimile machine confirming transmission. Notices sent e-mail are deemed to be received on the Customer’s or Customer’s Internet Service Provider’s e-mail servers.

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