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Terms and Conditions of Sale

Please read these Terms and Conditions of Sale ("Sale Agreement") very carefully. The CUSTOMER agrees to be bound by this sale agreement and accept its Terms and Conditions.

1. Definition
“ENDY” means Weithlee Pty Ltd trading as ENDY AUSTRALIA selling products to the customer as identified in ENDY’s Quotation or Invoice. “Customer” means the person or legal entity identified in ENDY’s Quotation or Invoice.

2. Acceptance
This Sale Agreement constitutes the entire agreement between the CUSTOMER and ENDY relating to the purchase, placing an order, or sale of goods or services on the Site. In the event of any conflict between the terms and conditions stated on the purchase order and this Sale Agreement or any terms and conditions on our invoice, ENDY reserves the right to make final adjustments.

3. Orders, Price And Payment
3.1 Unless credit terms have been expressly agreed by ENDY, 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. Customer shall bear all country, provincial, government, state and local sales, use, goods and services, value added, excise, privilege and similar levies/taxes.

3.3 Payment terms are within ENDY's sole discretion. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. If Customer does not meet the deadline for payment or if payment is deferred, ENDY reserves the right to charge interest at the rate of 5% above the base commercial floating rate for National Australia Bank in Brisbane, starting from the original deadline for a payment. Such interest being calculated on a daily basis until payment in full is made.

3.4 Returned Payments: If your check payments do not process due to insufficient funds, or for any reason a payment is rejected a fee of $60 will be assessed. You may also incur an administrative fee of $50.

4. Information Disclaimer
For all prices, products and offers, ENDY reserves the right to make adjustments without notice due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. All ENDY decisions are final and binding.

5. Delivery
5.1 ENDY shall deliver the products to the place of delivery designated by Customer and agreed to by ENDY ("Place of Delivery").
 

5.2 Any dates quoted by ENDY for the delivery of the products are approximate only and shall not form part of the Contract. ENDY shall not be liable for any delay in delivery of the products and/or services, howsoever caused.

6. Return Policy
6.1 ENDY does not offer any refunds under any circumstances. Customer shall contact the original point-of-purchase for their return/refund policy.

6.2 Products may not be returned without prior approval. Customer must first obtain a Return Authorization (RA) number offered by ENDY's technician and then complete the ENDY’s RA Form submitted with the product, and if requested, provide proof of purchase of the product.

6.3 Acceptance of returned products is at ENDY’s sole discretion. All returned products will only be accepted with a RA number offered by ENDY’s technician. The RA number is strictly valid for a period of 30 days from the day of issue.

6.4 Returned products must be pre-paid, packed and shipped in accordance with the foregoing requirements.

6.5 The customer agrees to pay ENDY's reasonable handling and return shipping charges for any product that is not packaged and shipped in accordance with the foregoing requirements, or that is determined by ENDY not to be defective or non-conforming. Where products returned are in their original condition, a service fee of AUD$50 will be incurred.

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7. Warranty
7.1 All products sold by ENDY are third party products and are subject to the warranties and representations of the applicable manufacturers. ENDY provides Limited Warranty for its product only to the person or entity that originally purchased the product from ENDY or its authorized reseller in Australia.

7.2 ENDY warrants its products to be free from defects in workmanship and materials under normal use for the period set forth below (“Warranty Period”) applicable to the corresponding product brand from invoice date.

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Brand Name Warranty Period
SMC Australia 3 years
EnGenius 2 years (available on selected models only)
Edge-Core 3 years
4ipnet 1 year (Optional purchase extended warranty up to 4 years)
ZyXEL 1 year
PheeNet Please contact your sales representative
Micronet Please contact your sales representative

7.3 What Is Not Covered: This limited warranty provided by ENDY does not cover: Products, if in ENDY’s judgment, have been subjected to abuse, accident, alteration, modification, tampering, negligence, misuse, faulty installation, lack of reasonable care, repair or service in any way that is not contemplated in the documentation for the product, or if the model or serial number has been altered, tampered with, defaced or removed; Initial installation, installation and removal of the product for repair, and shipping costs; Operational adjustments covered in the operating manual for the product, and normal maintenance; Damage that occurs in shipment, due to act of God, failures due to power surge, and cosmetic damage; Any hardware, software, firmware or other products or services provided by anyone other than ENDY; Software programs, batteries, cables or other accessories supplied in or with the products; Products that have been purchased from inventory clearance or liquidation sales or other sales in which ENDY, the sellers, or the liquidators expressly disclaim their warranty obligation pertaining to the product. Repair by anyone other than ENDY will void this Warranty.

7.4 During the “Warranty Period” beginning on the invoice date, ENDY will repair or replace the defective products returned to applicable manufactures. Customer must prepay shipping and transportation charges, and insure the shipment or accept the risk of loss or damage during such shipment and transportation. ENDY will ship the repaired or replacement products to customer freight prepaid.

8. Limitation of Liability
8.1 ENDY shall not be liable in contract or in tort for any loss or damage suffered and consumer’s rights are limited to those set out in these Terms and Conditions and under statute.

8.2 To the extent permitted by law, ENDY’s 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.

8.3 To the extent permitted by law, ENDY and Customer agree that ENDY will not be liable for Products not being available for use, or for data which is lost, corrupted, deleted or altered. ENDY 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 ENDY has been advised of their possibility.

8.4 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 ENDY shall be subject to correction without any liability on the part of ENDY.

9. 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, and such party shall be entitled a reasonable extension of time for the performance of such obligations.

10. Governing Law
These Terms and Conditions shall be governed by and constructed in accordance with the laws of New South Wales, Australia and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.

 

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