RF MODULES AUSTRALIA – STANDARD TERMS AND CONDITIONS OF SALES
RF Modules Australia (Momin Trust T/A RF Modules Australia, ABN 71 182 676 792) will be known as RFMA for the purpose of this agreement.
All orders for products will be accepted by RFMA subject to these terms and conditions. Any person, entity or corporation placing orders for goods/products/services with RFMA (“Customer”) is bound by these terms and conditions. No other terms or conditions will apply to the supply of products by RFMA unless they are accepted in writing by RFMA.
Whilst RFMA will try to maintain quoted prices, RFMA reserves the right to change the price of any product without notice. Any prices quoted in writing by RFMA will be for a period of 14 days from the date of the offer. All prices quoted or specified by RFMA exclude goods and services tax (GST) and the customer must pay any applicable GST in addition to the prices specified. Any Recommended Retail Prices are already inclusive of GST. It should be noted that goods exported by RFMA are exempt from GST.
PRICING SHOWN ON THE WEBSITE
All prices shown on our site are fixed in Australian Dollars and include GST for our Retail Consumer site. While currency can be altered to the supported shop front currencies, this is only a guide and all sales are made in Australian dollars. We make every effort to ensure our pricing is current, however, prices may change without prior notice. Product pricing does not include freight, packaging or handling charges.
For approved account Customers, payment is due no later than 30 days from the end of the month in which the products were invoiced, without any deductions whatsoever. Otherwise payment by cash, credit card, subject to authorisation, or direct deposit is required with order prior to delivery. Any subsequent refund of orders paid for by credit card will be made to the relevant credit card account. Cheques must be made out to RF Modules Australia and crossed. If the Customer fails to make payment by the due date then, without prejudice to any other right or remedy, RFMA will be entitled to cancel any unfilled order or suspend any further deliveries until the account is in order, withdraw credit facilities or adjust the Customer’s credit limit and interest at the rate of 10% per annum payable daily will be charged to all outstanding invoices not paid within terms. If legal action is taken to recover monies due to RFMA then RFMA reserves the right to charge the Customer all fees incurred in such proceedings.
We accept a number of payment methods. Below is a list of credit cards that are acceptable to RFMA. Alternatively, you may prefer to pay by direct bank deposit, money order or personal cheque.
PRODUCT AND AVAILABILITY
With constant sourcing of product and rapid developments in the electronics industry RFMA is constantly reviewing its product range. New products are added and RFMA reserves the right to discontinue any product or to change its design at any time. RFMA will not be liable in any circumstances for a failure to supply any product ordered by the Customer.
RFMA reserves the right to decline to trade with any company or person. To avoid duplication, written confirmation of telephone orders must be clearly marked “Confirmation only”. RFMA will not accept liability for orders not so marked and duplicate orders will be charged accordingly. RFMA will use reasonable endeavours to meet delivery estimates but in no circumstances shall it be liable to compensate the Customer for non-delivery or late delivery.
ORDER AMENDMENT, SUSPENSION AND CANCELLATION
Orders can only be modified, suspended or cancelled after prior negotiation and agreement and the Customer must indemnify RFMA in respect of any expenses incurred by RFMA relating to the modification or cancellation of any order. A restocking fee of 20% will apply.
NON-STOCKED / INDENT ITEMS
Products marked as “Indent” or not included in our website or catalogue are not stocked by RFMA and may have minimum order quantities or minimum line values applied to orders. Such items are intent items and require an irrevocable order.
BACKORDERS – ACCOUNT CUSTOMERS ONLY
Products not in stock at the time of receipt of the order by RFMA, will automatically be placed on backorder, unless otherwise requested.
Customers are responsible at their expense for obtaining any licence and complying with any export regulations in force within this country and the country for which products are destined. Payment of overseas export orders is via Telegraphic Transfer prior to good being despatched.
In order to keep freight cost as low as possible, RFMA uses primarily Express Post for all deliveries that fit within a 3Kg satchel. RFMA have negotiated freight rates with TNT Express where the weight exceeds 3Kgs or is requested by the Customer. RFMA reserves the right to charge the freight cost to the Customer unless other arrangements have been pre-arranged. RFMA uses these preferred carriers unless specifically requested by the Customer. If the Customer requests a specific carrier, we cannot guarantee access to the despatch dock without prior notice. All freight costs for specific carriers cannot be prepaid; they must be “Freight Collect”. For “Freight Collect”, insurance responsibility for the products passes to the Customer once product has been passed to their carrier. Where RFMA are unable to supply a complete order from stock, this charge will only apply to the original despatch. All subsequent shipments to complete the order will be sent freight free.
INSPECTION, DEFECTS AND NON-DELIVERY
The Customer must inspect the products as soon as is reasonably possible after delivery and RFMA shall not be liable for any defect in the products or shortages in delivery unless written notice is given to RFMA within 7 days of delivery. In the case of non-delivery, the Customer must notify RFMA immediately the invoice is received, otherwise no liability can be accepted. Any liability of RFMA for non-delivery or defective products shall be limited to, at RFMAs’ discretion, replacing or repairing the products within a reasonable time or to refund any monies already paid in respect to the products. The Customer accepts liability for all freight costs incurred in the return of products including warranty repair or replacement of faulty goods without exception.
The Customer must telephone the sales office prior to returning any products. A Return Authorisation form will be issued in approved cases and details including the original invoice number and date of purchase must be supplied by the Customer. Any product returned must be received by RFMA within 7 days of the original delivery and must be undamaged and unaltered and in original packaging. Certain products (including software, books, batteries and special orders) are excluded from the right of return and may not be returned under any circumstances. Products classified as static sensitive devices will only be accepted for return in exceptional circumstances and only where the Customer can prove to RFMA that the products have been handled correctly. The Customer accepts liability for all freight costs incurred in the return of products including warranty repair or replacement of faulty goods without exception and a restocking fee of 20% applies.
RETENTION OF TITLE
Title of goods shall only pass to the buyer following full payment of the relevant RFMA invoice. RFMA reserves the right to reclaim these goods from the Customer’s premises if the invoice is not paid within the terms of this contract and the Customer hereby gives consent for the authorised agent or representative of RFMA to enter the Customer’s premises for this purpose. The Customer shall not have any power to mortgage, charge or encumber the goods whilst in its possession or otherwise until payment in full has been made.
RFMA will endeavour to transfer to the Customer the benefits of any warranty or guarantee given to it by the manufacturer of the products. Any defects which under proper use, appear in the goods within a period of three months (unless otherwise stated by RFMA) and which are due to faulty materials, workmanship or design will be made good by RFMA either by repair or at RFMAs’ discretion replacement (which is RFMAs’ sole obligation and the Customer’s sole remedy under this provision). RFMA shall not be liable for defective goods if the defect arises because the Customer has:
i. Repaired or altered the goods without written consent of RFMAs’ authorised officers or
ii. Subjected the goods to conditions outside the manufacturer’s stated instructions on storage, usage, installation, use or maintenance.
Any goods replaced or repaired under this clause will be guaranteed on these terms for any unexpired portion of the warranty period given on the original products.
RFMA shall not be liable to the Customer for any indirect or consequential damages, loss, expense or claims for consequential compensation whatsoever which arises out of or in connection with any Contract. To the fullest extent permitted by law, the Customer releases RFMA and associated entities from and against all liability whatsoever for any injury, loss or damage sustained by the buyer howsoever arising.
INTELLECTUAL PROPERTY RIGHTS
Any claim from the sale which may allege infringement of trade marks, trade names, patents, copy or property rights of other parties, shall be directed immediately by the buyer to RFMA and the buyer will give every assistance to RFMA in connection with such claim. The buyer will not itself, deal with, or compromise any claim which may occur.
Specification and particulars in relation to products referred to in RFMAs’ catalogue or website are subject to change without prior notice. Some photographs contain sample units and shipment product may vary in colour and look. RFMA will not be held liable for any errors or omissions.
RFMA will not be in breach of its contact with the customer for any delays in performing, or failure to perform, its obligations under these terms and conditions if delays or failure were due to any cause or circumstance beyond RFMAs’ reasonable control (which shall include, but not be limited to, government actions, war, fire, explosion, flood, acts of terrorism, import or export regulations or embargoes, labour disputes or the inability to obtain or a delay in obtaining supplies of products). RFMA may, as its option delay the performance of, or cancel the whole or any part of a Contract.
During the term hereof, the relationship between RFMA and the buyer is that of vendor and purchaser. The buyer, its agents, employees, and dealers, under no circumstances will be deemed to be agents or representatives of RFMA, nor will any of them have the right to enter into any contracts or commitments in the name of RFMA or otherwise to bind or commit RFMA.
This agreement shall be governed by the law of TASMANIA. The parties to submit all disputes to the exclusive jurisdiction of the courts of TASMANIA, Australia.