These terms and conditions are between Digital Door Locks Pty Ltd (ABN 59 151 256 110), (we, us or our) and you, the company, entity or individual who is purchasing or is the end user of the Goods (you or your), together the Parties and each a Party. Together, these terms and conditions (including any attachments to these Terms) form the entire agreement under which we provide the Goods to you (Terms).
Our Disclosures: Please read these Terms carefully and contact us if you have any questions. By accepting these Terms, you agree that:
- subject to your Consumer Law Rights, we exclude our liability for any loss or damage to the Goods, property, or any injury or loss to any person to the extent caused by any event beyond our reasonable control or an act or omission by you. (see clause 7(c)); and
- subject to your Consumer Law Rights, our liability for the provision of the Goods and Services will be limited to, at our discretion us resupplying the relevant Goods and Services or, in our sole discretion, to repaying you the amount of the Price paid by you to us in respect of the provision of the relevant Goods and Services, to which the Liability relates (see clause 7.1(b)).
- By purchasing the Goods from us or our Supplier, you agree:
- you have reviewed and accept these Terms and Conditions for the Sale of Goods (Terms); and
- you have the legal capacity to enter into a legally binding agreement with us.
- In consideration of your payment of the Price, we agree to provide the Goods to you in accordance with these Terms (including any Specifications) and all applicable laws.
- We may provide the Goods to you ourselves, or through our Supplier.
- Price and Payment
- You must pay us the purchase price of the Goods, plus any Australian GST (the Price) in accordance with this clause. All amounts are stated in Australian dollars and are inclusive of Australian GST (where applicable).
- You must pay the Price, upfront at the time of purchase.
- Goods can be returned or exchanged in accordance with the Supplier’s store policy.
- In Australia, our Goods and Services come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and 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.
- We provide this Warranty to you in addition to any rights or remedies you have under the Australian Consumer Law or any other applicable law (Consumer Law Rights).
- Subject to the terms of this Warranty, if:
- during the first 2 years from the date of purchase of the Goods; or
- during the first 3 years from the date of purchase of the Goods, provided you used a Certified Installer to install the Goods (and have evidence of such installation),
(Warranty Period) the Goods prove defective by reason of improper workmanship or materials, we will repair or replace the Goods. Your Consumer Law Rights may extend beyond the Warranty Period.
- If any materials, parts or features required to facilitate any repair or replacement pursuant to clause 5.3 are unavailable or no longer in production, or your model of Goods is no longer available or in production, we will use our best endeavours to use appropriate equivalent materials, parts, features or model.
Making a valid claim
- To claim the benefit of this Warranty, you must:
- notify us by email or phone as soon as you become aware that the Goods are defective with evidence of proof of purchase of your Goods from us and a description and photographs of the claimed defect;
- allow us sufficient access to your property / site to inspect your Goods;
- if we ask you to, you must return the Goods together with all packaging, parts, accessories and documentation to the contact details set out below; and
- provide any other information reasonably required by us to assess your claim.
- Where you return the Goods as part of Warranty claim under this clause 5, we will arrange for collection of the goods by us.
- Where we accept your claim under this Warranty, clause 5.2 will apply.
When this warranty applies and when it does not
- This Warranty does not cover any defect which is caused (or partly caused) or contributed to, by any:
- act or omission, accident, or negligence by you or any third party not engaged by us (including any third party installer of your Goods);
- failure on your part to follow any instructions or guidelines (including any manual) provided by us or the manufacturer in relation to your Goods or properly maintain your Goods in accordance with any of our instructions or guidelines (including any manual);
- use of your Goods otherwise than for any application or use specified by us or the manufacturer;
- continued use of your Goods (where such use is not reasonable) after any defect in your Goods becomes apparent or would have become apparent to a reasonably prudent person;
- incorporation or installation of fixtures, appliances or other items into your Goods;
- failure by you to notify us of any defect in your Goods within a reasonable period of time after you become aware of or ought to have reasonably become aware of the relevant defect;
- reasonable wear and tear of your Goods;
- act of God or Force Majeure Event;
- installation, repair, replacement, maintenance, altering, overhauling or otherwise compromise of the Goods by you or any person other than us or the manufacturer,
- goods which are not purchased directly from us;
- damage to any cables during installation;
- any modifications or repairs to the Goods which are not expressly authorised by us; or
- any replacement parts which are not provided by or expressly authorised for use by us.
- Without limiting clause 5.8, this Warranty will not cover any circumstances in which you cannot provide proof of purchase of the Goods from us.
- Any works or services requested by you to be performed by us (including any work or services that are additional to repairs carried out by us pursuant to clause 5.3 and deemed by us to not be covered under this Warranty may incur additional charges, which we will advise you of prior to commencing those additional work or services. We are under no obligation to perform any additional work or services that you may request.
- This Warranty is only valid and enforceable in Australia.
- The benefit of this Warranty is for you only, and no other person or third party can rely on or make a claim under this Warranty.
- This Warranty or the benefit under this Warranty cannot be assigned or transferred to any other person or third party.
- Title and Risk
- Risk in the Goods will pass to you when you take possession of the Goods.
- Title in the Goods will pass to you when you pay for the Goods in full.
- Despite anything to the contrary, to the maximum extent permitted by law:
- we will not be liable for any Consequential Loss;
- our maximum aggregate liability any Liability arising from or in connection with the Goods and Services and these Terms will be limited to us resupplying the relevant Goods and Services or, in our sole discretion, to repaying you the amount of the Price paid by you to us in respect of the provision of the relevant Goods, to which the Liability relates;
- we will not be liable for, and you waive and release us from and against, any Liability, arising from or in connection with any:
- any injury or loss to any person; or
- loss of, or damage to, the Goods or property (including third party property);
to the extent caused by:
- an event or circumstance beyond our reasonable control;
- installation of the Goods that is not performed by a Certified Installer; or
- an act or omission by you or your related parties.
- Governing Law: These Terms are governed by the laws of Victoria. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
- Disputes: Neither party may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Institute of Victoria to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
- Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event. This clause will not apply to a party’s obligation to pay any amount that is due and payable to the other Party under these Terms.
- Joint and Several Liability: Where you constitute two or more individuals or entities, you will each be jointly and severally liable under these Terms.
- Notices: Any notice given under these Terms must be in writing addressed to the relevant address last notified by the recipient to the Parties. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
- Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.
- Severance: If any provision (or part of it) under these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
- Survival: Each clause, which by its nature survives termination, will survive the termination or expiry of these Terms.
- Interpretation & Definitions
- In these Terms, unless the context otherwise requires:
- a reference to these Terms or any other document includes the document, all schedules and all annexures as novated, amended, supplemented, varied or replaced from time to time;
- a reference to any legislation or law includes subordinate legislation or law and all amendments, consolidations, replacements or re-enactments from time to time;
- a reference to a natural person includes a body corporate, partnership, joint venture, association, government or statutory body or authority or other legal entity and vice versa;
- no clause will be interpreted to the disadvantage of a Party merely because that Party drafted the clause or would otherwise benefit from it;
- a reference to a party (including a Party) to a document includes that party’s executors, administrators, successors, permitted assigns and persons substituted by novation from time to time;
- a reference to a covenant, obligation or agreement of two or more persons binds or benefits them jointly and severally;
- words like including and for example are not words of limitation;
- a reference to time is to local time in VIC; and
- a reference to $ or dollars refers to the currency of Australia from time to time.
- In these Terms, unless the context otherwise requires:
ACL or Australian Consumer Law means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time.
Certified Installer means installer who has been trained or recommended by us .
Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. The Parties acknowledge and agree that your obligation to pay us the Price and any other amounts due and payable by you to us under these Terms will not constitute “Consequential Loss” for the purposes of this definition.
Consumer Law Rights has the meaning given in clause 1.1.
Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.
Goods means the product or equipment supplied to you by us or by our Supplier under these Terms. And which are purchased in Australia.
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party, a Party to these Terms or otherwise.
Price means the price for the provision of the Goods.
Specifications means any specifications for the Goods as further particularised in an attachment to these Terms.
Supplier means the authorised distributor or retailer of the Goods that sold you the Goods in Australia.