Terms and conditions

Website terms and conditions

These Terms and Conditions govern the use of https://atiau.com.au (“the website”) and the purchase of any goods from it and Advanced Testing Instruments Pty Ltd. The website is owned and operated by Advanced Testing Instruments Pty Ltd hereafter abbreviated as ATI.

If you have any questions in relation to these terms and conditions and/or need more assistance, you can always contact us on (02) 8419 0949 within Australia between 8:00am and 5:00pm AEST Monday to Friday (excluding public holidays), or via email at info@atiau.com.au anytime.

Please note that our standard Terms & Conditions of Sale apply in addition to the below. To receive a copy of this document please email info@atiau.com.au

Acknowledgement and acceptance of terms and conditions

Please note that by accessing, using or browsing this website you agree to be bound by its terms, conditions, disclaimers and limitations of liability (“Terms and Conditions”). ATI reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time without providing notice to you. By using the website, you acknowledge that you have read and understood these “Terms and Conditions”.

Limitation of liability

Any liability of ATI or ATI’s Associates in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of ATI be limited to the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods, and in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.

Disclaimer

The information contained on the website is provided by ATI in good faith. To the best of ATI’s knowledge, the information is accurate and current. However, ATI and any of its directors, officers, employees, consultants or shareholders (“ATI’s Associates”) do not make any representation or warranty as to the accuracy or completeness of the information.

To the fullest extent permitted by applicable law, ATI disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement. ATI makes no warranty that this website, any information or ideas contained on this website or any products or services will meet your requirements.

You expressly acknowledge and agree that ATI does not control other users of this website, the providers of information or ideas to this website or the suppliers of goods and services purchased from this website, and ATI is therefore not liable for their opinions or their behaviour, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct or breach of copyright on their part.

You further acknowledge and agree that, subject to the section dealing with “Limitation of Liability”, ATI will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through the website.

Copyright

Copyright of the website is the property of ATI. Material on this website also comprises copyright material, trademarks and registered trademarks which are the property of ATI and third parties. This property may only be used for the purposes of browsing the website and acquiring goods and services from ATI. ATI takes no responsibility for infringements of copyright by any manufacturer who displays products through the website.

Applicable law

These Terms and Conditions are governed by the laws in force in Victoria, Australia and you irrevocably and unconditionally submit to the jurisdiction of the courts of Victoria, Australia and any courts, which may hear appeals from those courts.

Virus warning

All care is taken to ensure that the website and data transmissions are free from viruses. However, it is your responsibility to scan any such data for viruses.

Privacy policy

We treat all customer information in accordance with our Privacy Policy. Our Privacy Policy constitutes part of these Terms and Conditions, and a copy of our Privacy Policy is available on our website.

Data quality

ATI takes steps to ensure information is accurate and up to date by updating its records whenever changes to the data come to its attention. ATI disregards information which seems likely to be inaccurate or out of date by reason of the time which has elapsed since it was collected or by reason of any other information in its possession.

Data security

ATI protects personal information from misuse or loss by restricting access to the information in electronic format and by appropriate physical and communications security. Any data destroyed is disposed of in a manner which protects the privacy of information in an appropriate manner.

Access and correction

ATI acknowledges that individuals have a general right of access to information concerning them, and to have inaccurate information corrected.

Anonymity

ATI allows individuals the option not to identify themselves when dealing with it, where practicable. Where goods for sale may raise suspicion of illicit activity, we may require evidence to satisfy regulatory bodies that goods will be used in a legal manner. If in ATI’s sole opinion fears concerning illicit intent for goods cannot be ruled out, we reserve the right to cancel and refund your purchase and to alert authorities of our suspicion.

Commercial in confidence

ATI does not want you to send proprietary information which is important to your business operation via our website or electronic communication mediums.

ATI accepts no responsibility for loss of or damage to maintenance of secrecy with respect to any plans, drawings, samples or other materials supplied by you through our email or web business systems.

ATI reserves the right to change or amend our Privacy Policy at any time and will use its best endeavours to inform its customers of any amended Privacy Policy.

Product information

We will always attempt to be as accurate as possible with our product descriptions and pricing. However, we are unable to warrant that product descriptions or other content of the website is accurate, complete, reliable, current or error free.

All photographs, weights, illustrations, dimensions and any other particulars presented on the website or a quotation or contained in descriptive literature are approximate only and deviations therefrom shall not initiate a contract or be made the basis of any claim made against ATI.

Any representation, promise, statement or description from ATI or any employee, agent, dealer or other person or company is expressly excluded and the purchaser acknowledges that they have relied solely upon their own inspection, skill and judgement and not on any such representation, promise, statement or description.

Corporate partner

ATI works closely with Fotometrix Pty Ltd as a corporate partner. Repairs and/or calibration services may be available directly through ATI; however, they will be provided by Fotometrix (our corporate partner). In those cases where our corporate partner will be accepting a purchase order or providing a service this information will always be disclosed to the customer prior to the acceptance of any purchase order.

Order placement and accepting orders

Purchase orders may not be processed or dispatched until payment in full has been received and our staff are satisfied with the integrity of the order. Some orders will require the payment of a deposit or potentially payment in full before they can be processed.

ATI accepts and processes orders both itself and via Fotometrix (our corporate partner). If you receive a quotation from ATI the quotation will always outline if the order is to be placed upon ATI or if it is for service, repairs and/or calibration through Fotometrix (our corporate partner). Upon placement of an order with Fotometrix, Fotometrix will accept the purchase order, accept any deposit and/or payments from you, provide you with an order confirmation, provide you with an invoice or receipt, any associated paperwork and of course the goods that have been ordered once they are available. If goods are purchased through a corporate partner, then that partner will be responsible for any warranty that relates to those goods. You will also be subject to the terms and conditions of that corporate partner which will be included in any quotations provided by ATI.

Without limiting the operation of any other Terms and Conditions herein, the website is not responsible for any loss or damage caused by late delivery or cancellation of an order or a product.

Placement of an order by you constitutes an offer to enter into an agreement with us (“your offer”). Once an order is received, we will send you an email for the sole purpose of confirming the details of your offer. Please note that our confirmation email does not constitute an acceptance of your offer or reflect the status of your order in any way.

If these Conditions of Sale, which shall only be varied, modified or rescinded by written agreement (executed by ATI) shall differ in any respect from your order or ATI’s acceptances or confirmation, then these Conditions of Sale shall prevail.

If, by reason of any legislation, government action or other cause beyond ATI’s control, any tax, impost, levy, charge, duty or expenditure of any kind, which is not at present chargeable or applicable, is imposed becomes payable or applicable, or is incurred upon, to, or in respect of the goods hereby sold, it will be to your account and/or chargeable to the purchaser by ATI.

Cancellation by ATI

We reserve the right not to provide goods or services, remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights.

Cancellation by you

If you need to cancel an order, please contact us immediately on (02) 8419 0949 within Australia between 8:00am and 5:00pm AEST Monday to Friday (excluding public holidays).

Our agreement with you only comes into existence once we have both confirmed your order and your payment has been processed. Once we have accepted payment for an order, cancellation of the order is within our sole discretion. Orders that cannot be cancelled will be subject to our terms, conditions and policies relating to Returns and Exchanges.

ATI cannot accept cancellation of an order for a specially manufactured product or a non-stock item if the supplier has already forwarded the goods to the Company and/or the supplier will not accept cancellation of that item for whatever reason.

ATI reserves the right to apply a restocking fee of 20% of invoice value for goods returned that have resulted from an error in purchasing by the Purchaser.

Delivery

It is your obligation to enter the correct delivery address details at the time of ordering. Should you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense.

It is the responsibility of the customer to inform us if an order does not arrive. Once we learn an order has not arrived, we will lodge enquiries with the courier to ensure delivery occurs as soon as possible. We will not be held liable for any loss or damage resulting from late delivery.

Please note that if an item has been lost in transit, we will not dispatch a replacement item immediately. Replacement items will be dispatched according to our discretion.

As a guide only, our couriers attempt to deliver to business addresses between 9:00am and 5:00pm. Unfortunately, we are unable to give a guaranteed time of delivery.

You may select the “Recipient to sign for delivery” option when placing an order with us. By doing so, you agree that we have satisfied the condition where a signature has been received from the recipient, appropriate agent or proxy recipient of the order (chosen at the courier partner’s discretion). This includes, but is not limited to, stores person, facilities manager or office receptionist. You agree that in doing so we have delivered the order within the terms of the agreement between you and us.

If you do not select the “Recipient to sign for delivery” option, you agree that when our courier partner is satisfied that the order has been delivered, delivery of the order has taken place within the terms of the agreement between you and us.

If the incorrect delivery address is supplied or if there is no safe place to leave the items they will be returned to the supplier and we will contact you to arrange re-delivery. In these instances, a re-shipping and handling fee for re-delivery will apply. To avoid these costs, please carefully consider the delivery address you enter.

Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from a late delivery. Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery does not constitute a failure of our agreement and does not entitle you to cancellation of an order. Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.

If for any cause beyond ATI’s control, including but without limiting any act of God, war, strike, lockout, industrial dispute, governmental or semi-governmental award, enacted, priority or restriction, fire, flood, storm or tempest, delay in obtaining licences, transport, labour or materials, border closure, accidents, damage to ATI’s works or business or those of its suppliers, ATI is prevented from making delivery or performance at the time stipulated, ATI shall be entitled at its option either to extend the time for delivery or performance for a reasonable period or to determine the contract, and the Purchaser shall not in consequence in either case have any claim for damages and shall pay for all deliveries made or services performed prior to the date of such determination and all expenses incurred and monies paid by ATI in connection with the contract.

Unless otherwise specified, you agree that the goods shall be at your sole risk from the point of delivery.

Installation

In the case of equipment, which ATI undertakes to install, it is your responsibility to provide any service utilities required. For example: (electric power outlets, water outlets, drains, compressed air lines, etc.).

If special handling equipment is required such as heavy lift gear for movement of equipment to and/or at the installation site, the cost of hiring or using such equipment and any associated charges will be additional to your account.

Installation will be made at the time of delivery or as soon as practicable thereafter and the equipment will be at your risk.

Unless otherwise mutually agreed, ATI’s responsibility to install such equipment may cease at our option if the installation is deferred by you for any period.

Returns and exchanges

You or the recipient of an order may return an item that has been purchased on the basis that the incorrect model or product was chosen however a 20% re-stocking fee will apply.

It is your responsibility to ensure the goods are adequately packaged to ensure that they are not damaged during return transit.

Except where required by law, all returned products must be:

• Unused, unopened and in original condition
• Undamaged
• Returned within 14 days of delivery
• In a saleable condition upon return

In the event of a return by you or the recipient we will exchange or refund in the form of a credit to your account. However, you are responsible for the postage and handling fee of the return to the website and any subsequent re-deliveries to you.

Goods faulty or damaged on delivery

As an acceptance of our terms, we require you to inspect all purchases immediately on the arrival thereof and shall, within seven (7) days from such inspection, give notice in writing to ATI of any matter or thing by reason whereof the buyer may allege that the goods are not in accordance with the quote or purchase order. If you fail to give such notice the goods shall be deemed to be supplied and fit for purpose in all respects in accordance with the contract.

In the event that you receive a defective or damaged product, we will either refund the original product price via the original method of payment or dispatch you a replacement item (subject to availability) once we receive the defective item, at our cost. Please note that all products that are found to be non-defective will incur the postage and handling fee of returning the item to ATI.

Except where required by law, you must return damaged goods within 14 days of receipt. If a product is later deemed to be faulty, normal warranty conditions for that product apply. It is the recipient’s responsibility to follow warranty instructions as stated on the product warranty card as specified by the manufacturer.

ATI hereby agrees that, to the extent permitted by law, in the event of any loss, damage or claim arising out of a breach of one or more of the consumer warranties and/or ATI’s Warranty, the liability of ATI is limited to, at the option of ATI, the repair or replacement of the goods or the cost of such repair or replacement or, in the case of service, to the supplying of the services again.

Parts and labour for repair or replacement pursuant to the above shall be provided by ATI during normal working hours at our place of business and ATI shall have no liability for the cost of transportation of the goods to such place of business.

All rejected parts or defective parts shall be the property of ATI to dispose of as it sees fit.

Suppliers and service providers

If you enter into a transaction through ATI to purchase products and/or services where those products and/or services are supplied directly by a third party, ATI is not responsible for the provision of those products and/or services or for any misunderstanding between you and the supplier. In all arrangements involving the direct provision of products and/or services by third parties, ATI accepts no liability of any kind in connection with or arising from such an arrangement.

Release and indemnity

You agree to waive any and all claims that you now have or may have in the future against ATI and ATI’s Associates which relate to or are incidental to any transaction.

You agree to indemnify and hold ATI harmless from and against any and all claims, loss or expense that may be incurred by ATI or ATI’s Associates which relate to or are incidental to the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.

You further agree to indemnify and hold ATI and ATI’s Associates harmless from any claim made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, or other users of this website, of any intellectual property or other right of any person or entity.

Revision 1.2