“Goods” means the Goods described in this Contract and any replacement Goods provided by Audio Technik in substitution for those Goods and includes all accessories and other equipment to the Goods described.
“The Customer” means the person named in this Contract as the purchaser or hirer of the Goods.
“The Hire Period” means the period specified in this contract for the rental of Goods or, if no period is specified in relation to Goods that are rented for an indefinite period.
“The interest rate” means 24% per annum.
“The price” means the purchase price of Goods in the case of a sale and the hire charge for the Goods in the case of hire.
“The contract” means any contract incorporating these terms and conditions. A reference to the contract includes a reference to these terms and conditions as varied by the contract.
2. PRECEDENCE OF DOCUMENTS
2.1 These terms and conditions will apply to the contract in addition to any other terms and conditions specified in the contract. These terms and conditions will take precedence over any conflicting terms and conditions unless the contract states that other terms and conditions take precedence.
3.1 the Customer must pay the price at the time specified in the contract. If no time is specified, the Customer must pay the price no later than 7 days from the date of invoice.
3.2 The Customer must pay GST on all supplies made by Audio Technik pursuant to the contract. Audio Technik must give the Customer a tax invoice stating the Price and the GST payable prior to the time for payment.
3.3 Time is of the essence in relation to payment o f the price and other monies to Audio Technik. If payment is not made on or before the due date, the Customer must pay interest on the balance of monies outstanding from the date of invoice or the date on which the Customer received the Goods (whichever is earlier) until payment in full to be calculated at the interest rate at daily rests and to be paid on demand or if no demand is made then on the last day of each and every month.
3.4 If the Customer breaches the contract, the Customer must pay all costs and expenses on an indemnity basis incurred by Audio Technik in relation to recovery of the price or enforcement of the contract, including legal, accounting, and related fees, costs and disbursements.
3.5 The price excludes GST unless stated to include GST. Upon receipt of a tax invoice from Audio Technik, the Customer must pay GST on supplies made pursuant to the contract.
4.1 Upon delivery of Goods to the Customer, acceptance of delivery by the Customer will constitute an offer by the Customer to accept such Goods in satisfaction of the contract and on terms and conditions contained in the contract, which offer Audio Technik will be deemed to have accepted. An offer made by the Customer pursuant to this clause will replace any prior offer made by the Customer.
4.2 Audio Technik will use all reasonable endeavours to deliver Goods on a date agreed by the Customer. Unless specified in the contract, delivery times given by Audio Technik are estimates only and Audio Technik will not be liable to the Customer for late or non-delivery.
4.3 Audio Technik will not be responsible to the Customer for any loss, damage or other liability whether in contract, tort or otherwise arising directly or indirectly out of delays in delivery caused by anything beyond the control of Audio Technik.
4.4 Audio Technik is not a common carrier and will not be responsible to the Customer for any loss or damage to Goods in transit caused by any event of any kind, by any person, except where risk in the Goods remains with Audio Technik
4.5 Delivery of Goods shall be deemed to have occurred at the time the Goods are collected by the Customer or, if Audio Technik has agreed to deliver the Goods, at the time of loading of the Goods for delivery.
4.6 The Customer shall pay all charges related to delivery and collection of the Goods including but not limited to labour, installation and transportation charges. Audio Technik reserves the right to set and change such charges, and to subcontract supply and or delivery of the Goods.
5. RISK AND PROPERTY IN GOODS
5.1 All risk and damage to the Goods will pass to the Customer at the time of delivery calculated pursuant to Clause 4.5
5.2 Notwithstanding the passage of risk, Audio Technik retains title to and ownership in the Goods until Audio Technik receives payment of the price in full for the Goods. Until such time, the Customer must hold the Goods as bailee and agent for Audio Technik and must not sell, encumber or dispose of or claim any lien over the Goods or keep or store the Goods on any premises not occupied by the Customer or allow any person other than the Customer to use the Goods in any way without the written consent of Audio Technik and the Customer must insure the Goods for full replacement value noting the interest of Audio Technik as owner on the policy.
5.3 Until payment of the price in full, the Customer authorizes Audio Technik to enter upon any premises leased, owned or occupied by the Customer without liability for trespass or any resulting damage caused to property for the purpose of collecting, taking possession of, claiming or confirming the location and condition of the Goods at any time during usual business hours and without giving notice. In exercising its rights pursuant to this clause, Audio Technik must use responsible endeavours not to unreasonably interfere with the operation by the Customer of its business.
5.4 If the Customer sells the Goods or uses the Goods in any manufacturing process as to change the character of the Goods, the Customer must hold such part of proceeds of sale as represents the price of the Goods sold or used in the manufacture process in a separate identifiable account as the separate property of Audio Technik. The Customer must notify Audio Technik of the amount held and pay such amount to Audio Technik upon request.
5.5 Clauses 5.1 to 5.4 do not apply to the hire of Goods to the Customer
6. LIMITATION OF LIABILITY
6.1 The contract excludes to the extent to which the same can be excluded all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability, fitness for purpose or as to design, assembly, installation, materials, workmanship or otherwise.
6.2 All classes of action against Audio Technik arising out of or in relation to the contract or the performance or breach thereof will expire unless brought within 6 months of the time of accrual of the cause of action.
6.3 Audio Technik may, in its absolute discretion, elect any of the following in satisfaction or any warranty condition or other claim in relation to the Goods;
1 Refund of the Price;
2 Repair of the Goods
3 Replacement of the Goods or supply of equivalent Goods;
4. Payment of the cost of having the Goods repaired.
7.1 Except where the Contract expressly imposes liability on Audio Technik, the Customer indemnifies Audio Technik, its agents and employees against all claims demands, actions, costs (including legal costs) charges, expenses, loss, damages and other liabilities arising from:
1 Loss or damage to any property or the death of or injury to any person in connection with the supply or use of the Goods;
2 Cancellation of the Contract by the Customer without the prior written consent of Audio Technik ; or
3 Breach by the Customer of any provision of the Contract.
8. HIRE TERMS AND CONDITIONS
8.1 These terms and conditions apply in relation t the hire of Goods to the Customer.
8.2 The Customer agrees:
8.2.1 To use the Goods only for their intended purpose and not for any illegal purpose or any purpose which is inappropriate given the nature of the Goods:
8.2.2 To keep the Goods in first class condition and to use them only as they would be used by a careful and prudent owner:
8.2.3 To keep the Goods at the place described in the Contract and not to change the place where the Goods are ordinarily kept without giving prior notice to and obtaining the prior consent of Audio Technik;
8.2.4 Not to agree, attempt or offer to sell , assign, sub-let, lend, pledge, mortgage, let on hire or otherwise part with possession or otherwise deal with the Goods or any part thereof, nor to create any workman’s or other lien in respect of the Goods or any part thereof.
8.2.5 To notify any person seizing the Goods of the ownership of Audio Technik and to give immediate notice to Audio Technik of such seizure;
8.2.6 To report any damage to or loss of Goods to Audio Technik immediately upon such damage or loss being sustained;
8.2.7 To assume liability for any breach of the Contract by the Customer, its servants or agents.
8.2.8 Not to conceal or alter the Goods or make any addition or alteration or repair of the Goods; and
8.2.9 To make the Goods available for collection by Audio Technik, or to return the Goods to Audio Technik, as required by the Contract, at the conclusion of the hire period or immediately upon termination of this contract.
8.3 The Customer acknowledges that;
8.3.1 Audio Technik holds title to the Goods at all times and that the right of the Customer to possess the good pursuant to the Contract arises as a mere bailee only;
8.3.2 The Customer has no right to purchase the Goods from Audio Technik at any time and that no representation to that effect has been made by or on behalf of Audio Technik;
8.3.3 Any information provided by the Customer to Audio Technik for the purpose of or in connection with the Contract is true and correct at the time it was given to Audio Technik;
8.3.4 The Customer has not relied upon any representations or warranties made or given by Audio Technik regarding the performance, adequacy or suitability of the Goods;
8.3.5 Audio Technik does not refund upon termination of this Contract and is entitled to keep and apply for its own purpose any Price paid to Audio Technik in advance; and
8.3.6 Audio Technik accepts no responsibility or liability whatsoever for loss or damage or injury (including death) to person or property arising out of the use of the Goods by any person whilst the Goods are in the possession or control of the Customer.
8.3.7 Audio Technik in its absolute discretion, and as specified in the Contract, require the Customer to pay;
8.4.1 A bond which shall be refunded to the Customer upon the return of the Goods to Audio Technik in a satisfactory condition. If the Goods are not returned to Audio Technik or are not returned in a satisfactory condition, or if any price is outstanding upon termination of the Contract, the Customer authorizes Audio Technik to apply the bond towards reinstatement, repair or replacement of the Goods or payment of outstanding price;
8.4.2 the reasonable costs of the repairs or replacement of the Goods in the event of the Goods being lost or damaged or dealt with in a manner inconsistent with the Contract;
8.4.3 A pick up and delivery fee or fees in respect of the delivery by Audio Technik of the Goods to the Customer at the commencement of or during the Hire Period and the collection by Audio Technik of the Goods from the Customer at the conclusion of the Hire Period or upon termination of the Contract;
8.4.4 A cleaning fee in the event that the Goods are returned by the Customer to Audio Technik in a condition which in the reasonable opinion of Audio Technik requires them to be cleaned before being made available for rent or hire to any other person; and
8.4.5 A repossession fee of $66.00 (including GST) in the event of the failure of the Customer to return the Goods or to make the Goods available to Audio Technik within 24 hours of conclusion of the hire period or termination of the Contract;
8.5 If the Hire Period is an indefinite period, the Contract may be terminated by either Audio Technik or the Customer at any time by written notice of termination given to the other. Where the Hire Period is a fixed period, a party to this Contract may terminate the Contract only if:
8.5.1 In the case of Audio Technik, the Customer has breached the terms and conditions of the Contract and such breach has not been remedied prior to the time of termination; and
8.5.2 In the case of the Customer, Audio Technik is in breach of the Contract and such breach has not been remedied at the date of termination.
9. GOVERNING LAWS
9.1 The laws of the State of Western Australia will apply to the Contract and the parties submit to the jurisdiction of the Courts in the State.
10.1 Audio Technik may but the Customer must not assign its interest in the Contract.
10.2 If any provision of the Contract is or at any time becomes prohibited by law or otherwise becomes void or unenforceable, it will be severed from the Contract without affecting or diminishing the effect or enforceability of the remaining provisions of the Contract.
10.3 Any person signing the Contract for or on behalf of the Customer warrants that he is authorized to enter into the Contract on behalf of the Customer and acknowledges that he will be liable to Audio Technik in damages for all loss and damage suffered by Audio Technik in the event that such warranty proves false.
10.4 Audio Technik reserves all of its rights at law and in equity against the Customer arising out of a breach of The Contract by the Customer.
10.5 All obligations of the Customer under the Contract will survive termination of the Contract to the extent required for their observance, performance and enforcement.
10.6 No failure or delay by Audio Technik to exercise any right, remedy or power under the Contract or at law will operate as a waiver of the right, remedy or power.
The content of this website is provided for information purposes only.
Despite our best efforts, Audio Technik Pty Ltd makes no express or implied warranties about the accuracy and completeness of the information provided, which may include technical inaccuracies or typographical errors or that the information in this publication is free of infection by computer viruses or other contamination.
In no event shall Audio Technik Pty Ltd be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of the information in this website.
Audio Technik Pty Ltd may make improvements and/or changes to the information contained in this website at any time.
Audio Technik Pty Ltd endeavours to provide accurate and up-to-date information. If you have any comments or queries, please contact us on (08) 9277 4484 email@example.com
For all information on warranty, returns and refunds please read below. You may also find relevant information on our Terms and Conditions page.
Different products on sale at Audio Technik Pty Ltd have varying warranties. Most are 12 months, however, some (such as smoke machines) are 6 months, while certain mixing consoles, microphones, speakers and stands have 3 years or more warranty. If you are unsure about the warranty period for a product you are considering, please check at the time of purchase or contact us at firstname.lastname@example.org
If your product is faulty due to being dropped, mistreated or used in a manner for which it was not designed, chances are it won’t be covered under the standard manufacturer’s warranty. Should your product have stopped functioning correctly during normal and correct operation, it is more-than-likely covered under the manufacturer’s warranty – so contact Audio Technik Pty Ltd to help resolve the issue as swiftly as possible.
Please note – troubleshooting your potentially defective item is a very important step in the warranty resolution process. If you send an item back to Audio Technik Pty Ltd for warranty repair and no fault is found, there may be a charge associated with the non-repair.
DOA – Item is faulty out-of-box (dead on arrival)
In the rare event that you receive an item which is faulty out-of-box, Audio Technik Pty Ltd will make every attempt to swap the item for the same model either utilising our floor stock, or with the assistance of the relevant importer or manufacturer.
Sometimes this is not possible due to stock levels. We’ll be trying as hard as we can to make sure you get looked after.
Refunds and Returns
We are not required to provide a refund or replacement if you change your mind.
But you can choose a refund or exchange if an item has a major problem. This is when the item:
• has a problem that would have stopped someone from buying the item if they had known about it
• is unsafe
• is significantly different from the sample or description
• doesn’t do what we said it would, or what you asked for and can’t be easily fixed.
Alternatively, you can choose to keep the item and we will compensate you for any drop in value.
If the problem is not major, we will repair the item within a reasonable time. If it is not repaired in a reasonable time you can choose a refund or replacement.
Please keep your proof of purchase – e.g. your receipt.
Where can I get further help?
At Audio Technik Pty Ltd, we pride ourselves on being fair, helpful, and getting the best possible outcome for all parties. Your first point of contact is always to call or email Audio Technik Pty Ltd to let us solve your problem.
Should you not be completely satisfied with the service we have provided, here are a few links to help with your consumer rights:
ACCC – Australian Competition and Consumer Commission