These Terms apply to all contracts for the sale of goods & services by Audio Junction Pty Ltd. No amendment, alteration, waiver or cancellation of any of these terms is binding on the Company unless confirmed by the Company in writing. The Customer acknowledges that no employee or agent of the Company has any right to make any representation, warranty or promise in relation to the Goods or the sale of the Goods other than as contained in these Terms.
Where the supply purports to be made on or subject to terms and conditions other than these conditions, the Purchaser agrees that such other terms and conditions are disregarded and form no part of the Contract unless the Supplier agrees otherwise in writing.
The Purchaser acknowledges and agrees that:
Terms of payment are cash with order, credit card, bank deposit, bank or personal cheque (cheques must clear in full before goods are released)
Unless the Customer has inspected the Goods and given written notice to the Company within 3 days after collection or delivery that the Goods do not comply with the relevant specifications or descriptions, the Goods are deemed to have been accepted in good order and condition.
No order may be canceled, modified or deferred without the prior written consent of the Company (which is at the Company’s sole discretion). If such consent is given it is, at the Company’s election, it must incur a 25% restocking fee
The Company will not be liable for any breach of contract due to any matter or thing beyond the Company’s control (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention or public authority, explosion or accident.
All Goods supplied are covered by such warranties as are specified by the manufacturer and supplied subject to the product standards detailed by the manufacturer
Any technical information, knowledge or processing methods at any time transmitted either orally or in writing by the Supplier to the Purchaser shall remain the property of the Supplier and shall be considered absolutely confidential by the Purchaser who shall not use them for any purpose nor sell transfer or divulge them in any manner to anyone without the prior written consent of the Supplier. The Purchaser warrants that the use by the Supplier of any designs or instructions supplied by the Purchaser will not infringe the patents, trade marks, designs or copyright (”intellectual property”) of any other person and the Purchaser agrees to indemnify the Supplier against any claim relating to or arising from the infringement of any intellectual property of any other person. If at any time a claim is made against the Supplier or the Supplier becomes aware that a claim is likely to be made against the Supplier for infringing any intellectual property or contributing to any such infringement by the Supplier or any other person as a result of supplying Goods, the Supplier may immediately terminate or suspend this Contract
The Purchaser is liable for all taxes (including GST), duties, levies and other government fees and charges in relation to the Goods. Unless specified otherwise, prices quoted do not include such taxes (including GST), duties, etc.
If the Purchaser requests delivery by means other than the means normally used by the Supplier, then the Purchaser must pay all additional costs associated with the means chosen. If, within 4 weeks after the Goods are available for dispatch, the Supplier is unable or finds it impractical to transport the Goods by the means chosen, the Supplier may transport the Goods by any means it considers suitable.
Delivery may be made in one or more lots and at different times and by separate deliveries or shipments. Each lot must be accepted and paid for, notwithstanding any late delivery or non-delivery of any other lot. If the Supplier allows the Purchaser to nominate a delivery date, such date may not be more than 60 days after the expected date of manufacture of the Goods, as advised by the Supplier to the Purchaser.
The Supplier may make any changes or improvements to the design or specification of the Goods at any time without giving prior written notice to the Purchaser unless otherwise agreed in writing.
If the Purchaser is not in Australia or is not an Australian company, payment must be made by bank deposit. If the Purchaser requires delivery of the Goods outside Australia, purchaser must organise courier pick up from their end. The Purchaser is liable for all taxes, duties, levies and other government fees and charges in relation to the Goods.
The Supplier is not responsible for any dismantling or removal of any installed products for warranty claims. The Purchaser is responsible for any installed equipment to be taken in for warranty. The Purchaser is responsible for re-installation of said equipment.
Except as expressly provided in the Contract nothing in the Contract is intended to constitute a fiduciary relationship or an agency, partnership or trust; and no party has authority to bind any other party.
Should any significant change in law or regulation (including the introduction of any form of emission or carbon trading scheme or emissions or carbon tax) occur during the Term, the Supplier will subject to clause 11.1 be entitled, by 10 days notice in writing to the Customer, to increase the price payable by the Customer for Products by an amount equal to the increased cost that will be incurred by the Supplier in supplying the Products to the Customer as a result of such significant change.
All deposits are strictly non refundable.
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Audio Junction Pty Ltd. The collective work includes works that are licensed to Audio Junction Pty Ltd. Copyright since 1985, Audio Junction Pty Ltd ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Audio Junction Pty Ltd or purchasing Audio Junction Pty Ltd products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Audio Junction Pty Ltd or to purchase Audio Junction Pty Ltd products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Audio Junction Pty Ltd. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Audio Junction Pty Ltd used in the site are trademarks or registered trademarks of Audio Junction Pty Ltd. All other trademarks are property of their respective owners.
Audio Junction Pty Ltd shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Audio Junction Pty Ltd has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a Audio Junction Pty Ltd product is mistakenly listed at an incorrect price, Audio Junction Pty Ltd reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Audio Junction Pty Ltd reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Audio Junction Pty Ltd shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Audio Junction Pty Ltd without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Audio Junction Pty Ltd may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Audio Junction Pty Ltd.
Your use of this site shall be governed in all respects by the laws of the state of NSW, AUSTRALIA, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Audio Junction Pty Ltd products) shall be in the state or federal courts located in SYDNEY, NSW. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Audio Junction Pty Ltd products) must be commenced within one (1) year after the claim or cause of action arises. Audio Junction Pty Ltd's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Audio Junction Pty Ltd may assign its rights and duties under this Agreement to any party at any time without notice to you.
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Audio Junction Pty Ltd or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Audio Junction Pty Ltd does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Audio Junction Pty Ltd is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Audio Junction Pty Ltd reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Audio Junction Pty Ltd in its sole discretion.
You agree to indemnify, defend, and hold harmless Audio Junction Pty Ltd, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Audio Junction Pty Ltd may link to sites operated by third parties. However, even if the third party is affiliated with Audio Junction Pty Ltd, Audio Junction Pty Ltd has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Audio Junction Pty Ltd. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Audio Junction Pty Ltd seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Please note: Pick up option is not available on purchases made with PayPal and must be delivered to a PayPal verified address as per PayPal terms and conditions. We apologize for your inconvenience.
These terms and conditions apply to all contracts for the sale of goods and provision of services by Audio Junction. Any amendments, alterations, waivers, or cancellations of these terms will only be binding if confirmed in writing by the company. The customer acknowledges that no employee or agent of the company is authorized to make any representations, warranties, or promises regarding the goods or the sale of the goods, except as explicitly stated in these terms and conditions.
In cases where the supply of goods or services is purported to be made based on or subject to terms and conditions other than those outlined in these conditions, the purchaser acknowledges and agrees that such other terms and conditions will be disregarded and will not form a part of the contract, unless the supplier explicitly agrees otherwise in writing.
The purchaser acknowledges and agrees that:
Payments are to be made to the company without any deductions or discounts, except as specified in these terms or in the relevant invoice or statement. It is understood that all goods remain the property of Audio Junction until the invoice is fully paid. The following conditions apply to orders:
The following terms of payment apply:
It is important to note the following regarding the inspection of goods:
The following terms and conditions apply to delivery and risk:
The following provisions outline the passing of property from the supplier to the purchaser:
The following conditions apply to cancellations of orders:
The following provision outlines the company's limitation of liability in the event of a breach of contract due to circumstances beyond its control:
The warranty terms for all goods supplied by the company are as follows:
The following terms and conditions pertain to the installation of goods by Audio Junction:
The following provision outlines the responsibilities and obligations of both the supplier and the purchaser regarding intellectual property:
The following provision outlines the responsibility of the purchaser to pay taxes, duties, levies, and other government fees and charges related to the goods:
The following provisions address the application of Goods and Services Tax (GST) in relation to the supply of goods:
The transportation provisions outlined state the following:
The "Other Delivery Provisions" section contains the following terms:
The clause regarding product specifications and design changes states the following:
The section pertaining to international buyers includes the following stipulations:
The section on warranty servicing contains the following terms:
The "Relationship of the Parties" section states the following:
The provision regarding significant regulatory changes states the following: If there is a significant change in law or regulation, such as the introduction of emission or carbon trading schemes or emissions/carbon taxes, during the term of the agreement:
The revised "Deposits" clause states that all deposits made by the customer are generally considered strictly non-refundable, unless state or federal laws stipulate otherwise. This update acknowledges that while the default position is that the deposits are non-refundable, there may be situations where state or federal laws supersede this provision and require refunds to be provided under specific circumstances. By incorporating this exception, the clause ensures compliance with applicable legal requirements and allows for the return of deposits if mandated by law. It provides a more balanced approach that takes into account legal obligations while still emphasizing the general non-refundable nature of deposits.
In the "Miscellaneous" section, several important points are outlined:
All users of this website are deemed to have accepted and agreed to the following terms and conditions, as well as any other applicable laws. If you do not agree to these terms and conditions, please refrain from using this website.
Copyright: The entire content provided on this website, including text, graphics, and code, is protected under the United States and other copyright laws as a collective work. It is the property of Audio Junction. The collective work also includes works that are licensed to Audio Junction. All rights are reserved under copyright laws. You are granted permission to electronically copy and print hard copies of portions of this site solely for the purpose of placing an order with Audio Junction or purchasing Audio Junction products. Additionally, you may display, download, or print limited portions of the material from different areas of the site for your own non-commercial use, or to place an order with Audio Junction or purchase Audio Junction products, subject to any expressly stated restrictions or limitations pertaining to specific material. However, any other use, including reproduction, distribution, display, or transmission of the content presented on this site, is strictly prohibited unless authorized by Audio Junction in writing. You are also obligated not to modify or remove any proprietary notices from materials downloaded from the site.
Trademarks: All trademarks, service marks, and trade names belonging to Audio Junction that are used on this website are either trademarks or registered trademarks of Audio Junction. Any other trademarks mentioned on the site are the property of their respective owners.
Limitation of Liability: Audio Junction shall not be held liable for any special or consequential damages arising from the use of, or the inability to use, the materials on this website or the performance of the products, even if Audio Junction has been advised of the possibility of such damages. It is important to note that applicable law may vary and may not allow for the limitation or exclusion of liability for incidental or consequential damages. Therefore, the above limitation or exclusion may not be applicable in your specific circumstances.
Typographical Errors: In the event that a product from Audio Junction is mistakenly listed with an incorrect price on the website, Audio Junction reserves the right to refuse or cancel any orders placed for the product at the incorrect price. This applies to both confirmed and unconfirmed orders, regardless of whether your credit card has been charged. If your credit card has already been charged and the order is subsequently canceled due to a pricing error, Audio Junction will credit the amount of the incorrect price back to your credit card account.
Termination: These terms and conditions apply to you as soon as you access the site or complete the registration or shopping process. Audio Junction reserves the right to terminate these terms and conditions, or any part of them, without prior notice at any time and for any reason. It is important to note that the provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous shall continue to be in effect even after the termination of these terms and conditions.
Notice: Audio Junction reserves the right to deliver notices to you through various means, including email, general notices on the website, or any other reliable method using the address you have provided to Audio Junction. This ensures effective communication between Audio Junction and you, the user. Please ensure that the contact information you provide is accurate and up to date to receive important notices from Audio Junction.
Miscellaneous: Your use of this site is subject to the laws of the state of New South Wales, Australia, without regard to choice of law provisions, and is not governed by the 1980 U.N. Convention on Contracts for the International Sale of Goods. You agree that any legal proceedings arising directly or indirectly from or related to this site (including but not limited to the purchase of Audio Junction products) shall be under the jurisdiction of the state or federal courts located in Sydney, New South Wales. Any claims or causes of action you may have with respect to the site (including but not limited to the purchase of Audio Junction products) must be initiated within one (1) year after the claim or cause of action arises. The failure of Audio Junction to insist upon or enforce strict performance of any provision of these terms and conditions shall not be considered a waiver of any provision or right. The course of conduct between the parties and trade practices shall not modify any of these terms and conditions. Audio Junction has the right to assign its rights and obligations under this Agreement to any third party, at any time, without providing notice to you.
Use of Site: To maintain a respectful and safe environment for all users, it is strictly prohibited to engage in any form of harassment on the site, including via e-mail, chat, or the use of obscene or abusive language. Impersonating others, including Audio Junction employees, hosts, representatives, or fellow members or visitors, is also strictly forbidden. Additionally, you are not permitted to upload, distribute, or publish any content on the site that is defamatory, libelous, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable. Such content may constitute or encourage criminal offenses, violate the rights of others, or give rise to liability or violation of any law. Commercial content is not allowed to be uploaded on the site, nor can the site be used for soliciting others to join or become members of any other commercial online service or organization. These guidelines are in place to ensure a positive and respectful user experience for all individuals involved.
Participation Disclaimer: Audio Junction does not have the ability to review all communications and materials posted or created by users accessing the site. Therefore, Audio Junction does not assume responsibility for the content of these user-generated communications and materials. You acknowledge that Audio Junction acts as a passive conduit for the distribution of such content and assumes no obligation or liability in relation to the content or activities on the site. However, Audio Junction reserves the right, at its sole discretion, to block or remove communications or materials that it deems to be abusive, defamatory, obscene, fraudulent, deceptive, misleading, in violation of copyrights, trademarks, or other intellectual property rights, or otherwise offensive or unacceptable. This allows Audio Junction to maintain a standard of content that aligns with its policies and guidelines.
Indemnification: By using the site, you agree to indemnify, defend, and hold harmless Audio Junction and its officers, directors, employees, agents, licensors, and suppliers (referred to as "Service Providers") from any losses, expenses, damages, and costs, including reasonable attorneys' fees, arising from any violation of the terms and conditions outlined or any activity related to your account. This includes but is not limited to negligent or wrongful conduct committed by you or any other person accessing the site using your Internet account. By agreeing to these terms and conditions, you accept the responsibility to compensate and protect Audio Junction and its Service Providers from any losses or damages they may incur as a result of your actions or the actions of others using your account.
Third-Party Links: Audio Junction may provide links to sites operated by third parties in order to offer additional value to our visitors. However, it is important to note that Audio Junction has no control over these linked sites, even if they are affiliated with Audio Junction. Each linked site operates independently and has its own privacy and data collection practices. These linked sites are provided solely for your convenience, and you access them at your own risk. While Audio Junction takes measures to protect the integrity of its website and the links it includes, we also welcome feedback regarding our own site and the sites we link to, including any issues with specific links. We are committed to maintaining a high standard of quality and appreciate any input that helps us in this effort.
Store Pick-up & PayPal: Please be aware that the pick-up option is not available for purchases made using PayPal. According to the terms and conditions of PayPal, items purchased using PayPal must be delivered to a PayPal-verified address. We apologize for any inconvenience this may cause. If you wish to use the pick-up option, please consider an alternative payment method.