TERMS & CONDITIONS OF SALES

TERMS & CONDITIONS OF SALES

Please take a moment to thoroughly review these terms before making any purchases of products or services from ENDY AUSTRALIA. Your order placement signifies your acceptance of these terms. The following terms outline the conditions under which Weithlee Pty Ltd, doing business as "ENDY AUSTRALIA" or simply "ENDY," offers products and/or delivers services in Australia.

1. Acceptance of Sales Terms and Conditions
1.1 These terms and conditions are applicable to all sales transactions conducted by ENDY AUSTRALIA ("ENDY"), as specified in the invoice. By placing an order for our Products/Services or receiving the Products/Services mentioned in the invoice, the purchasing party or ordering entity ("Customer") acknowledges and agrees to comply with these terms and conditions ("Terms"). ENDY retains the right to modify these terms and conditions at its sole discretion without prior written notice. Any such modifications will apply to all orders accepted by ENDY after the date of implementation.

2. Product, Price and Availability
2.1 All prices listed on the ENDY’s invoices are in Australian Dollars (AUD) and may be subject to change without notice. Additional taxes, shipping fees, and handling charges may apply, which will be displayed on the Invoice. The Customer is responsible for all applicable taxes imposed by the local government.
2.2 All ENDY’s quotations remain valid for a period of 14 days, unless specified otherwise in the quotation.
2.3 ENDY reserves the right to change prices and promotions at any time without prior notice, but such changes will not affect orders that have already been confirmed unless otherwise specified.
2.4 ENDY retains the discretion to modify prices, products, and offers due to shifting market conditions, product discontinuations, manufacturer price adjustments, advertising errors, or other unforeseen circumstances. Decisions made by ENDY in such matters are conclusive and binding.
2.5 While ENDY endeavours to convey accurate pricing and product information, errors may occasionally occur. In the event of an error affecting an order, or if a product is no longer available, ENDY will either contact the Customer for guidance or cancel the order and provide a refund any funds remitted for the relevant Products.
2.6 All prices listed provided by ENDY, whether quoted by unit via email or phone, are exclusive of Goods and Services Tax (GST) unless explicitly stated otherwise. Additionally, these prices do not include any applicable fees, such as shipping costs, or taxes and duties for international customers.
2.7 It is the Customer's responsibility to ensure that the products they order are appropriate for their intended use; and ENDY are not responsible for any unsuitable product they may purchase.
2.8 For products that are on backorder, delivery times for these items will be estimated, but ENDY cannot guarantee delivery dates, as they are subject to product availability and other factors beyond the ENDY’s control.

3. Delivery of Goods
3.1 ENDY will dispatch product orders to the Customer's designated Place of Delivery, as indicated on the invoice and mutually agreed upon by ENDY.
3.2 In cases where shipment to a different location is agreed upon by both parties, ENDY reserves the right to choose the route and type of shipment.
3.3 Unless specified in writing, the Customer is responsible for all costs associated with delivery, which includes: freight, insurance, handling, packaging, and other applicable charges. ENDY cannot be held responsible for any additional forwarding fees that may arise during or after the delivery process.
3.4 Any delivery dates provided by ENDY are approximate and are not considered binding contractual commitments. ENDY cannot be held responsible for delivery delays resulting from unforeseen circumstances.
3.5 To enhance ENDY's order fulfilment processes, Products may be delivered in instalments necessary.
3.6 Customers who request redelivery through any of our logistics services will receive an invoice from ENDY for any additional charges associated with the redelivery. This fee helps cover the costs of rescheduling and managing the shipment. To avoid these charges, we recommend ensuring that someone is available to receive the package at the original delivery address.

4. Orders and Payments
4.1 By placing an order with the ENDY, the Customer agrees to purchase the products or services specified in the order. All orders are subject to product availability and confirmation of the order price. ENDY reserves the right to refuse or cancel any order at any time for reasons including, but not limited to, product availability, errors in pricing, or suspected fraud.
4.2 After placing an order, the Customer will receive an order confirmation from ENDY, which may be in the form of a written acknowledgment, email, or other communication. This confirmation serves as a receipt for the order but does not necessarily mean that the order has been accepted. The order will be considered accepted once ENDY processes or dispatches the goods.
4.3 Payment for goods or services is due in accordance with the terms specified in ENDY’s invoice. Unless otherwise agreed in writing by ENDY, all payments for the sale of goods and/or services listed on the invoice must be made in advance, prior to the delivery of the products and/or commencement of services.
4.4 ENDY accepts payments via credit/debit cards, bank transfers, and checks. By providing payment information, the customer authorizes ENDY to charge the selected payment method for the total order amount, including any applicable taxes, fees, and delivery charges. If Customer's cheque payment is not processed due to insufficient funds or is rejected for any other reason, a fee of $60AUD will be assessed. Additionally, an administrative fee of $30AUD may also be charged to cover the costs associated with processing the returned payment.
4.5 The Customer agrees that by placing an order, they are authorizing ENDY to verify the payment information provided. If payment is not received or is declined for any reason, ENDY reserves the right to suspend or cancel the order.
4.6 The Customer may cancel an order before it has been processed or shipped by contacting ENDY directly. Once an order has been processed or dispatched, it may no longer be canceled, and ENDY's return and refund policies will apply.
4.7 If a payment is delayed or fails to process for any reason, the customer will be notified by ENDY. The Customer must provide an alternative payment method or resolve any payment issues to avoid delays in order fulfillment.
4.8 ENDY takes reasonable precautions to protect the security of Customer payment information, especially in cases of electronic payments or bank transfers. However, the Customer acknowledges that no payment method is completely secure, and the ENDY cannot guarantee the complete protection of payment data.
4.9 All payments are final once an order has been confirmed and goods have been dispatched. Refunds or exchanges will be processed according to ENDY’s Refund and Return Policy. In the event of a payment dispute, the Customer agrees to work directly with ENDY to resolve the issue in compliance with applicable law.
4.10 All payments must be made in Australian Dollars (AUD), unless otherwise agreed in writing.
4.11 If the Customer fails to make payment by the due date, the ENDY reserves the right to suspend or withhold any further deliveries of goods or services until all outstanding payments are made in full. ENDY shall not be liable for any loss or damages resulting from the suspension of services.
4.12 In the case of international transactions, ENDY is not responsible for any changes in exchange rates or fees imposed by the Customer’s bank or payment processor. The Customer is responsible for ensuring that the full amount owed is received by ENDY.
4.13 ENDY may process payment for and ship parts of an order separately.
4.14 Customer shall pay for all orders shipping costs 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.
4.15 If the Customer fails to make payment in full on the due date, the whole of the balance of the price of the Goods then outstanding will become immediately due and payable. Without prejudice to any other right or remedy available to ENDY, ENDY will be entitled to:
(a) Terminate the account, contract, or order, or suspend any further deliveries of Goods (whether ordered under the same contract or not) to the Customer;
(b) Suspend all further manufacture, delivery, installation, or warranty service until payment has been made in full;
(c) ENDY reserves the right to charge interest on overdue amounts at the rate of 2% per month, or the maximum rate permitted under Australian law. Interest will accrue daily on any overdue amounts, starting from the day after the payment due date.
(f) Recover any reasonable collection costs, including legal fees, incurred in recovering overdue amounts.
4.16 A Purchase Order can only be submitted after pricing has been confirmed by ENDY. The submission of a Purchase Order constitutes full acceptance of these terms and conditions of Sales.
(a) All Purchase Orders must be submitted in writing and must include the following information:
     i. Full details of the Customer, including full name, contact information, and company entity address;
     ii. A detailed description of the Products requested from ENDY;
     iii. The quantity of Products required;
     iv. Full Shipment Details, including the shipment address, receiver contact person full name, and their contact details.
(b) Once a Purchase Order is accepted by ENDY, it cannot be canceled or modified by the Customer except with ENDY’s prior written consent.
4.8 ENDY's terms and conditions supersede any of the Customer's own terms and conditions, including those attached to any purchase order, even if issued after ENDY's terms and conditions. The Customer acknowledges that any purchase order issued by them, along with any attached terms, is for administrative purposes only and has no legal effect. In the event of any inconsistency between ENDY's terms and conditions and the Customer’s terms, ENDY’s terms will prevail.
4.9 If the Customer modifies an order, changes delivery details causing a delay, or cancels an order within 14 days of the scheduled delivery, the Customer agrees to pay a fee equal to 5% of the product's list price. If the order is for a product not on the current price list, an additional charge may apply. Should the Customer cancel an order or refuse delivery (except as permitted under these Terms), the Customer will be responsible for any resulting damage or loss to ENDY. If the product has been, or is in the process of being, specially manufactured or produced for the Customer, the Customer must pay ENDY the full price of the product and any associated costs incurred, minus the scrap value of the product as determined by ENDY.

5. Return Policy
5.1 Eligibility for Returns: (a) All Returns are accepted only for products purchased directly from ENDY AUSTRALIA.  (b) A proof of purchase (Product’s serial number, order number, or invoice) is required. (c) To be eligible for a return, the product must be unused, in its original condition, and in the original packaging. (d) Returns must be initiated within 7 business days from the date of delivery or pick-up. After this period, we regret that ENDY cannot accept returns.
5.2 Unauthorized returns will be declined, and no exchanges, refunds, or credits will be issued for such items. ENDY is not responsible for handling returns of unauthorized products.
5.3 To initiate a return, the Customer must contact ENDY within this period to obtain a Return Authorization Number (RA).
5.4 ENDY reserves the right to charge a restocking fee (up to 15% of the product value) for returns that are not faulty or due to a change of mind. This fee will be deducted from the refund amount. This fee is applicable to items that are unopened, unused, and in the original packaging. The fee helps cover the cost of inspecting, restocking, and handling returned products.
5.5 Damaged/ Defective Products:
(a) If Customer receive damaged, defective, or incorrect product, please contact ENDY via email or phone within the 7 business days of delivery to arrange for a return or exchange.
(b) ENDY may request for photographic evidence of the damage or defect.
(c) Ensure the product is in its original, unused condition, with all parts, accessories, and documentation (e.g., manuals, warranties) included.
(d) Exclusions: Damage resulting from misuse, wear and tear, or accidents may not be covered under this return process. 
(e) Customer must include a detailed written description for the reason for the fault on the Return Authorize (RA) form. Simple descriptors like ‘Faulty’ ‘Dead’ or ‘DOA’ will not suffice.
5.6 Inspection and Approval: Upon receiving the returned item, ENDY will inspect it to ensure it meets the return eligibility requirements. If approved, a refund or credit note will be issued based on the original payment method.
5.7 Packaging a Return:
(a) Original Condition: Ensure the product is in unused, resalable condition with all original packaging, labels, tags, and accessories.
(b) Secure Packaging: Please refrain from using the original product packaging as external packaging or labelling for shipment. External carton packaging is required. Place the product securely in its original packaging, or an appropriate alternative to protect it during transit.
(c) Include the signed RA form inside the package. Products returned without an RA number may not be processed.
(d) Tracking: ENDY recommend using a trackable shipping service when returning an item and keep your tracking number as proof of shipment.
(f) Return shipping costs are the responsibility of the customer.
5.8 ENDY is not liable for damages incurred during transportation of the return product. Any damage or loss of goods during shipment is solely the responsibility of the Customer. Proper packaging of return products is essential. For valuable or fragile items, consider purchasing shipping insurance to cover any potential damage or loss during transit.
5.9 Shipping costs and any other non-refundable services are not eligible for reimbursement and are not included in the return process.
5.10 If return have been approved, refund will be issued to the original method of payment or as credit note, depending on the return's circumstances.

6. Warranty against Defects
6.1 All products purchased from ENDY are classified as "Third Party Products" and are subject to the warranties and representations provided by their respective manufacturers.
6.2 ENDY offers a Limited Warranty (‘Warranty’) to the original purchaser of products within Australia directly from ENDY or through an authorized ENDY reseller will be free from defects in materials and workmanship under normal use.
6.3 This Warranty is non-transferable and applies only to the original purchaser of the Product. A valid proof of purchase must be provided to validate any warranty claim.
6.4 Warranty is valid for a specified period referred to as the "Warranty Period". The duration of the Warranty Period varies by product brand and is specified in the accompanying table below:

Each Warranty Period begins from the purchase date, as shown on the invoice from ENDY. The dated ENDY invoice serves as proof of purchase. To submit a warranty claim, customers may need to provide proof of purchase or the product's model and serial number. If the purchase date is not available, the manufacture date will be used to determine the start of the Warranty Period.
6.5 During the warranty process, the defective product may be returned to the relevant Manufacturer for inspection and evaluation to determine whether it should be repaired or replaced.
6.6 Warranty provided by ENDY does not cover the following:
(a) Products that have been damage resulting from accident, misuse, neglect, abuse, unauthorized modifications, or any other cause unrelated to defects in materials or workmanship. Any damage resulting from accidents, drops, impacts, or mishandling.
(b) Normal wear and tear, including but not limited to cosmetic damage such as scratches, dents, or discoloration.
(c) Damage caused by improper installation, operation, or use of the Product in violation of the manufacturer's instructions.
(d) This warranty does not cover data loss, corruption, or any issues related to the software or data stored on the device.
(e) Products that have been altered, opened, or repaired by unauthorized third parties.
(f) Damage caused by the use of non-authorized or incompatible accessories or peripherals. Any external devices or accessories (e.g., cables, power supplies, batteries, etc.) not included in the original packaging.
(g) Failure to follow proper storage, handling, or environmental guidelines on the Product Manual (e.g., humidity, temperature extremes, or liquid exposure).
(h) Products with missing or altered serial numbers or Service Tags.
(i) Problems related to third-party software, operating systems, or applications that are not part of the original hardware product.
(j) Products purchased through unauthorized sellers, liquidation sales, or auctions may not be covered.
(k) Any damage incurred during shipping, unless it was caused by our own handling during warranty service. (Shipping damage is typically the responsibility of the shipping carrier and should be reported directly to them.)
6.7 Request a return for a defective or faulty product:
(a) contact ENDY Support team. Provide details of the issue and, where possible, a description of how the product is malfunctioning. Once the claim is confirmed, ENDY will guide Customer through the Return process, please refer to 5. Policy Return section.
(b) Customers are responsible for the shipping costs when returning the defective product. ENDY recommends using a trackable and insured shipping method to protect the product during transit, as ENDY cannot be held responsible for items lost or damaged in transit.
6.8 Warranty services include repairs performed by authorized service centers or by technicians certified by ENDY. Any product repaired under warranty will continue to be covered for the remainder of the original warranty period.
6.9 If a replacement product is provided, it will be covered for the balance of the original warranty period. The replaced product or part becomes the property of ENDY.
6.10 For covered warranty claims, ENDY will cover the cost of shipping replacement or repaired products back to the customer (excluding shipping to the service center). Customers are responsible for the cost of shipping the product to us for warranty service. ENDY recommend ensuring the shipment to protect against potential loss or damage during transit.

7. Limitation of Liability
7.1 To the maximum extent permitted by law, ENDY is not liable under any contract, negligence, strict liability, or other legal or equitable theory for any loss of use of the product, inconvenience, or damages of any character, whether direct, special, incidental, or consequential (including, but not limited to, damages for loss of goodwill, loss of revenue or profit, work stoppage, computer failure or malfunction, failure of other equipment or computer programs connected to ENDY's product, loss of information or data contained in, stored on, or integrated with any product returned to ENDY for warranty service) resulting from the use of the product, related to warranty service, or arising from any breach of this limited warranty, even if ENDY has been advised of the possibility of such damages. The sole remedy for a breach of the foregoing limited warranty is repair, replacement, or refund of the defective or non-conforming product. The maximum liability of ENDY under this warranty is limited to the purchase price of the product covered by the warranty. The express written warranties and remedies provided herein are exclusive and replace any other warranties or remedies, whether express, implied, or statutory.

8. Governing Law
8.1 This Limited Warranty shall be governed by the laws of the State of New South Wales, Australia.
8.2 ENDY's Terms and Conditions of Sale are governed by the laws of Queensland, Australia. Both parties agree to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.