Welcome to AGM Electrical, a website owned and operated by AGM Electrical Supplies Pty Ltd A.B.N. 31 133 730 462 (“AGM Electrical Supplies”).
These Terms & Conditions apply to the website at www.agmelectrical.com.au ("Website") which provides electrical products and related goods and services.
Please read this Agreement carefully before accessing or using the Website. They apply to browsers at the Website and customers of AGM Electrical Supplies who use the Website.
These Terms & Conditions will apply to orders made by you using the Website. Product and service descriptions and pricing from time to time are specified on the Website. Incorporated into these Terms & Condtions by reference is your current account (if any) as a customer of AGM Electrical Supplies, which includes your choice of product and services from time to time. On the terms and conditions of this Agreement, AGM Electrical Supplies agrees to provide such products and services and you agree to accept them.
“You” and “your” refer to all users of the Website, including registered users, and “we”, “us” and “our” refer to AGM Electrical Supplies.
2. LEGALLY BINDING Contract
- 2.1 These Terms & Conditions constitute a binding legal contract between you and AGM Electrical Supplies. You agree that you will be legally bound when you click an "I agree," "I consent," or other similarly worded "button" or entry field on the Website with your mouse, keystroke, or other data entry mechanism. Those clicks are a legal equivalent of your handwritten signature.
- 2.2 The Terms & Conditions in force at any time are published on the Website and you will be taken to have accepted them by accessing or using the Website.
- 2.4 If you do not agree with the terms of service applicable at any time, do not access, use, submit information to or download from the Website.
- 2.5 The Website and these Terms & Conditions may change without notice, so do check them from time to time. If you do not agree to any change, you should terminate your use of the Website. A last updated date appears at the end of the Terms & Conditions specifying the date of the last update coming into force.
- 2.6 Specific Website facilities, features, offerings, incentives, areas, sections, communities, and discussion groups may also have additional guidelines which govern your use of the Website. You must comply with them in addition to these Terms & Conditions. By participating in them you agree to be bound to their additional rules.
- 2.7 You represent that you are either 18 years of age or older and are fully qualified and empowered to enter into these Terms & Conditions or you represent you are a minor over the age of 13 and warrant that you have obtained parental consent.
- 3.1 We use Australia Post and a number of Courier Companies to deliver products to all States and Territories of Australia. For international customers please contact us via phone or email. If you have any issues with your delivery please contact us as soon as possible, but no later than within seven (7) days of delivery, and we will try to rectify any issue.
- 3.2 For delivery please allow up to four (4) to fifteen (15) days from order placement and payment confirmation. All prices include goods and services tax (“GST”).
- 3.3 Any delivery date or time given will be on the basis that it is an estimate. Delayed or late delivery of goods does not confer on you any right of cancellation, termination or refusal of delivery. You will not be relieved of your obligation to accept delivery by reason of any delayed or late delivery.
- 3.4 All prices are in Australian dollars and are inclusive of GST. The total cost of your order is the price of the product(s), GST, and any delivery and packaging charges.
- 3.5 Free freight applies for items over $500 inclusive of GST, unless otherwise stated, including but not limited to bulky item(s), heavy item(s) (including cable, cable duct, conduit and Metal Enclosueres) or items being shipped to a remote or regional area or postal code.
- 3.6 The freight fees below apply, otherwise AGM Electrical Supplies will notify applicable freight costs before freight of item(s) to you.
We Ship Australia-Wide Only. Shipping Rates For Australia Wide Are
Australia Wide Except WA/NT/TAS Shipping Rates
Orders Under $1000 Inclusive of GST - $9.90 Freight Inclusive of GST
Western Australia/TASMANIA/Northern Territory Shipping Rates
Orders Under $500 Inclusive of GST - $19.80 Freight Inclusive of GST*
Orders Over $500 But Under $1000 Inclusive of GST - $16.50 Freight Inclusive of GST*
*Additional delivery fee(s) may be charged if the items are bulky/heavy such as Cable, Cable Duct, Conduit and Metal Enclosures (but not limited to) or items being shipped to a remote or regional area or postal code.
*Additional delivery fees will be charges if items are greater than 1.2 Metres in Length, Such as Antenna's
*Due to third party limitations & additional costs, we cannot deliver to PO Boxes.
Orders before 1:00pm will leave same day (if item(s) is in stock) and are received within one (1) to four (5) working days depending on locating. Remote areas within Australia may experience longer than expected delivery times, which is unfortunately outside our control.
All orders are given tracking numbers provided to you by a courier company or Australia Post
If the courier company or Australia Post advises us that you are not in a serviceable area we will contact you immediately and make alternative arrangements. If alternative arrangements cannot be made, we will issue you with a full refund immediately.
Cable and conduits & cable duct – due to their size and the high cost of freight, these items are generally not delivered outside of NSW. However feel free to contact us and get a quote on the estimated cost of freight to your area and we may be able to work something out.
4. ORDER PROCESS
- 4.1 (You make the order) You must be 18 years or over to buy, receive or accept delivery of products from AGM Electrical Supplies or Australia Post. To make an order you will need to provide your name, contact details, age, delivery address, and credit card details. Orders also require you to confirm your acceptance of these Terms & Conditions. You warrant that all your details provided to us are true and correct, including your name, email address, credit card details and delivery location.
- 4.2 (AGM Electrical Supplies checks availability) AGM Electrical Supplies will receive your customer order via email, phone, order form or website shopping cart. AGM Electrical Supplies checks that stock you selected is available and ready for delivery to you. If the freight charge (or any other component of the charges) for your order needs variation given your specific situation or requirements, we will contact you to confirm if you still want to proceed with your order.
- 4.3 (AGM Electrical Supplies processes your order) If your order is accepted then we will process it. Our obligation to deliver will be discharged on arrival of the order at the delivery address you nominated in your order and acceptance there of it by an adult. You authorise us to apply the applicable charges as calculated on the basis specified on our website, MMS or SMS messages, or other relevant communications at or about the time of your order. These normally include the goods charge, freight charge, and GST. Where applicable, they will also include any charge associated with damaged, lost, stolen or unreturned goods.
- 4.4 (You acknowledge receipt) For ease of delivery and tracking of your ordered product, we prefer that where possible you provide an address where you will be available to sign, or otherwise accept receipt, on delivery during normal business hours.
- 4.5 (Australia Post Calling Card) Australia Post may leave your product at the local post office if they have been unable to deliver to your specified delivery address. In this instance Australia Post will leave a Calling Card. If Australia Post does not hear from you within seven (7) days of leaving a Calling Card, they will contact AGM Electrical Supplies to clarify further action.
- 4.6 (Legal Title and Risk) Until full payment is made legal title to the goods remains with AGM Electrical Supplies. Risk in the goods passes to you on delivery.
- We DO NOT offer REFUND or Exchange for "CHANGE OF MIND" OR INCORRECTLY ORDERED GOODS, PLEASE CHOOSE CAREFULLY.
5. licence, Permitted Use and Prohibitions
- 5.1 Your use of the Website must not breach these Terms & Conditions, AGM Electrical Supplies’s statements on pages of the Website, and any agreement on the Website to which you become a party.
- 5.2 AGM Electrical Supplies requires that each individual participating in the Website do so from a single login account. Multiple individual accounts are prohibited.
- 5.3 You must make all appropriate or proper disclosures (including as regards any relevant affiliation or interest) to avoid any perceived breach of these prohibitions, unethical practices or any conflict of interest.
6. Intellectual Property
- 6.1 The content of the Website and any alerts, newsletters, broadcast emails or other materials associated with the Website are the property of AGM Electrical Supplies or licensors to it, unless noted otherwise.
- 6.2 The Website and its content is protected by law including copyright in its layout, text, images, photographs, illustrations, animations, audio clips, video clips, programming and HTML code. No part of the Website or its content may be used, copied, modified, changed, distributed, republished or transmitted, except for your personal and non-commercial use. All rights not expressly granted on the Website are reserved by AGM Electrical Supplies.
- 6.3 Except for your own user content (if any), you may not upload or republish the Website and any part of its content on any online network, intranet or extranet website or incorporate Website information in any database or compilation.
- 6.4 For any written permissions, email AGM Electrical Supplies (see email address on the Website) or the relevant copyright owner or controller.
- 6.5 All names, logos and signs on the Website are the trade marks of their respective owners. This is our trade mark: AGM Electrical Supplies™.
- 6.6 Do not upload files or post messages to the Website that contain photos, software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights to them or have received all necessary consents. However, you may make links (ie hypertext links).
7. USER-GENERATED CONTENT Licence AND CONSENT
- 7.1 By posting each comment, submission, post or other content to the Website (including in advertisements, profile pages, feedback, ratings, messages or posts in the forum (if any) or any form of communication or other content on, through or with the Website), you automatically grant to AGM Electrical Supplies, its licensees and assigns a irrevocable, perpetual, non-exclusive, royalty-free licence throughout the world for the purposes of using, publishing and displaying that content.
- 7.2 You irrevocably consent to all AGM Electrical Supplies’s acts or omissions (including as an author and publisher) as they may affect any moral rights you may have in that content. Specifically you consent to AGM Electrical Supplies’s, or others authorised by AGM Electrical Supplies, carrying out any change, re-arrangement, mixing, translation, reformat, adaptation, re-purposing, re-design, addition, deletion or editing of that content and combination of it with other material.
- 8.1 Comments, Submissions, Posts and Materials
The Website has or may have facilities which are designed for users to make or add comments, questions, answers, links, poll responses, forum submissions, posts and materials to the Website. The Website has or may also contain bulletin board services, chat areas, news groups, forums, communities, groups, personal web pages, calendars and other message or communication facilities.
AGM Electrical Supplies does not warrant the accuracy, integrity or quality of any user-generated material or information. AGM Electrical Supplies is not liable for any user-generated information on the Website or elsewhere received from you or other users, including any errors or omissions in information, or for any loss or damage of any kind incurred as a result of use of information from you or other users.
Comments, submissions, posts or material are the opinions, responsibility and legal liability of those who make or add them. AGM Electrical Supplies accepts no liability for comments, submissions, posts or material by users.
It is a condition of your access to the Website, and in particular use of the Website forum (if any), that you must not make or add any feedback, comment, submission, post or material that is in AGM Electrical Supplies’s opinion:
- (a) in any way unlawful, threatening, intimidating, harassing, stalking, inflammatory, fraudulent, abusive, indecent or obscene, or would inhibit use and enjoyment of the Website by others;
- (b) involving you in contacting anyone who has asked not to be contacted;
- (c) defamatory or derogatory of other persons;
- (d) infringing the rights of third parties, including breach of privacy obligations, intellectual property rights of others, or their moral rights (as defined in the Copyright Act 1968 (Cth));
- (e) untrue, misleading or deceptive;
- (f) discriminatory, offensive or capable of inciting violence or hatred;
- (g) in breach of any applicable laws or regulations;
- (h) commercial advertising;
- (i) uses offensive language;
- (j) employs a misleading email address or otherwise manipulates identifiers which disguise the origin of information communicated or transmitted through the Website;
- (k) an intentional post in an irrelevant category or involving an off the topic comment, a repeated post with the same or similar information unless it is a recurring activity, or an otherwise unreasonable load on the Website;
- (l) an attempt to gain unauthorised access to AGM Electrical Supplies’s computer systems or activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Website; or
- (m) a file or code containing a virus, trojan, malware or worm.
In Australia and other countries, feedback, ratings and comments may be defamatory. AGM Electrical Supplies accepts no liability for any claim, demand, action, loss, damage, cost, charge, fine or expense that may arise from feedback, ratings or comments. You release forever and indemnify AGM Electrical Supplies from any liability for any feedback, ratings or comments on the Website.
Feedback, ratings, comments, submissions, posts or material are the opinions, responsibility and legal liability of those who make or add them. AGM Electrical Supplies does not endorse, control, agree with or otherwise comment on that feedback, ratings, comments or other user content. AGM Electrical Supplies accepts no liability for feedback, ratings, comments, submissions, posts or material by users.
AGM Electrical Supplies may at its discretion (but it has no obligation to) review, filter, screen, modify, refuse or delete any comments, submissions, posts or material you make or add to the Website. AGM Electrical Supplies does not endorse, control or accept liability for user-generated content, messages or information.
AGM Electrical Supplies at times may be legally obligated to disclose personal information or other data as regards any submitted or posted materials to law enforcement agencies, intellectual property owners and others, including information relating to IP addresses. AGM Electrical Supplies may disclose such details as it is required or at its discretion.
- 9.1 AGM Electrical Supplies may issue tax invoices to you but has no responsibility for determining the necessity of or for issuing any invoice, or for determining, remitting, or withholding any tax or impost of any kind (including withholding tax, stamp duty, goods and services tax and any other type of value added tax) in connection with any use of the Website.
- 9.2 Where GST applies, AGM Electrical Supplies may deduct the GST it incurs from each user's payment and AGM Electrical Supplies may issue the user with a tax invoice. Terms used in this clause are governed by definitions in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
- 9.3 Each user is solely responsible for determining his or her own obligations and compliance responsibilities (or that of any related entity) under applicable law. You and any related entity hereby jointly and separately indemnify AGM Electrical Supplies with respect to all such obligations and responsibilities.
- (a) is responsible for the security and use of his or her user name and password and must take all reasonable steps to ensure they are kept confidential and secure;
- (b) must not allow any third party or unauthorised person to access the Website using that user name or password; and
- (c) must immediately notify AGM Electrical Supplies of any unauthorised use of a user name or password or any other breach of security.
- AGM Electrical Supplies is not liable for any loss or damage arising from your failure to comply with this clause.
11. Product warranties AND WARRANTY CLAIMS
- 11.1 Each product’s warranties are governed by the warranties and other terms and conditions (if any) of the relevant manufacturers and suppliers. We will not be liable to you or any third party for any loss suffered due to product failure.
- 11.2 All products on the Website must be installed by a licensed electrician. Any manufacturer or supplier warranties for a product may be void if not installed by a licensed electrician.
- 11.3 You can return faulty products to us with the receipt, within the warranty period for their repair, replacement or refund once the faulty product is received and checked by AGM Electrical Suppliers or the relevant manufacturers and suppliers, or where applicable, all those parties
- 11.4 Where faulty products are installed, a warranty claim form may need to be submitted to the relevant supplier of those goods.
- 11.5 No endorsement, recommendation or approval of any third party or its products, services, or websites is intended by any content, links or third party advertisements (including any banner ads containing embedded hyperlinks) on or to the Website. Links are provided only as a convenience. Some third party advertisements contain representations or offers by the third party advertiser which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by AGM Electrical Supplies, and we are not responsible to you for any transactions you have with any third party.
- 11.6 All product warranties are Replacement Earranties only. Which means we will only give you a 1 for 1 replacement for the faulty product. There will be no payment/compensation on labour or time on replacing the product.
12. Links Policy
You are welcome and encouraged to create links to the Website. If you are using frames, when they are activated you must ensure they do not continue to display your frames, or frames of others, around the Website pages.
You indemnify AGM Electrical Supplies from and against all demands, claims, actions, proceedings, settlements, liability, expenses, fines, damages, costs or losses (including but not limited to reasonable costs and disbursements on a solicitor and client basis) arising from or incurred due to your activities on or use of the Website, any breach by you of these Terms & Conditions, or any demand or complaint made by another user against you for any comment, submission, post or material made or added by you or authorised by you for the Website.
14. Disclaimers and Liability
- 14.1 The Competition and Consumer Act 2010 (Cth) and other legislation confers rights and remedies in relation to the provision of goods and services which cannot be excluded, restricted or modified. Despite anything to the contrary in these Terms & Conditions, the disclaimers and limitations specified in these Terms & Conditions only apply to the maximum extent permitted by such legislation and do not exclude, limit or modify remedies under such legislation.
- 14.2 The Website is provided for informational purposes only and is not intended as professional advice, or as a substitute for the professional advice. You should not act on the basis of anything contained on the Website without first obtaining any necessary or prudent professional advice.
- 14.3 All care and diligence is taken to ensure the accuracy and currency of information. However, your use of the Website is at your risk. The Website is provided “as is” and you accept and use it at your own risk. You have received no promise, guarantee, representation, warranty or undertaking regarding the profitability of or any other consequence or benefit to be obtained from use of the Website, except as expressly specified in this Agreement.
- 14.4 To the full extent it is lawful or possible to do so and except as may be expressly specified in this Agreement, all conditions, warranties, representations and liability, whether express or implied, are disclaimed and excluded as to the Website and its description, quality, performance or fitness for its purpose. In particular, we do not warrant that the operation or performance of the Website will be uninterrupted or error-free, except as may be expressly specified in this Agreement. Further we limit our obligations and liability for the repair, replacement or refund to the purchase price of any goods to our obligations under the Competition and Consumer Act 2010 (Cth) and other legislation in New South Wales.
- 14.5 AGM Electrical Supplies, its trustees, related bodies corporate, directors, officers, employees, agents, contractors, editors, moderators, consultants, and authors with content on the Website, and the internet service provider hosting the Website make no representation and accept no responsibility or liability for:
- (a) error, omission, service interruption, unreliability, lack of timeliness, inaccuracy, misleading information or anything done or not;
- (b) loss of data, theft, delays, non-deliveries, misdeliveries, or service interruptions caused by their negligence, errors or omissions;
- (c) demands, claims, actions, proceedings, settlements, liability, expenses, damages, costs or losses of any type which may be incurred (either actual or contingent) in the event of any loss, damage, destruction of tangible or intangible property (including equipment, computer programs and data or any loss of use of any of them), death, bodily injury, disability, sickness, disease, mental incapacity, insanity, accident or event whether relating to you or third parties, wilful, unlawful or negligent act or omission or breach of the law, violation of any statute, regulation, by-law or ordinance; or
- (d) special, incidental, indirect, consequential, exemplary, or punitive damages of any type (including damages for loss of profits, business interruption, or loss of reputation, data or computer programs);
whether based on contract, equity, statutory law, tort, criminal law, property, bailment, trust, unjust enrichment or any other legal theory, arising out of the delivery, installation, training, use, performance or support of the Website or if you use, download, or act in reliance on any representation, information or data contained, linked or distributed through the Website.
- 14.6 The disclaimers limitations of liability, exclusions of liability, and recommendations in the preceding paragraphs apply to all content on the Website and any alerts, newsletters, broadcast emails or other materials associated with the Website.
Without limitation to other provisions in these Terms & Conditions, AGM Electrical Supplies may at its discretion refuse service, suspend or terminate any access or account you may seek or have for the Website. AGM Electrical Supplies may do so, for example but without limitation, if it believes you will breach or have breached these Terms & Conditions or have submitted false, inaccurate, untrue, unauthorized or incomplete information; if a request is made by law enforcement or other government or regulatory authorities; or due to technical difficulties.
In these Terms & Conditions, unless the context otherwise requires:
- (a) a reference to any legislation, regulation, proclamation, ordinance, by-law, industrial award or other statutory instrument or rules includes a reference to all legislation, regulations, proclamations, ordinances, by-laws, industrial award and statutory instruments or rules amending, consolidating or replacing it or made or issued under it;
- (b) a reference to these Terms & Conditions is a reference to these Terms & Conditions as may be varied, supplemented, novated, or replaced from time to time;
- (c) words in the singular number include the plural and vice versa;
- (d) headings, underlines, indexes and lists of contents are for convenience only and have no effect on interpretation;
- (e) "including" and like terms mean "including but not limited to";
- (f) a failure to comply, observe or perform an obligation constitutes a breach of an obligation; and
- (g) no rules of construction apply to the disadvantage of one party on the basis that it offered or drafted this Agreement or part of it.
- 18.1 Relationship of Parties
Nothing in these Terms & Conditions is to be taken to create a fiduciary relationship or a relationship of partnership, agency, employment, trust or joint venture between any of the parties.
- 18.2 Limitation
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website will be barred if it is not filed within one (1) year of the cause of action arising.
- 18.3 Composition
These Terms & Conditions are subject both to any agreement between you and AGM Electrical Supplies which expressly supersedes these Terms & Conditions, and, to any mandatory statutory or common law to the contrary applicable in the state of New South Wales, Australia.
- 18.4 Variation
These Terms & Conditions or any part of them may be varied, modified, amended, added to or substituted only by a document in writing executed by the parties.
- 18.5 Waiver
No provision of these Terms & Conditions is to be taken to be waived except by express written consent executed by the party which is claimed to have waived the relevant provision.
- 18.6 Severability
If a provision, or part of it, of these Terms & Conditions is held invalid, unenforceable or illegal by a judicial authority for any reason, then that provision or part must be read down if possible but if that cannot be done then it must be severed and the balance of these Terms & Conditions will otherwise remain in full force.
- 18.7 Governing Law and Jurisdiction
These Terms & Conditions must be interpreted and governed by the law of the State of New South Wales and the Commonwealth of Australia as applicable. If a dispute arises in relation to them it must be subject to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.