In these conditions:
"Conditions" means the terms of these Conditions of Sale;
"Customer" means a person, firm or corporation seeking to acquire Goods or services from SPC and where applicable includes the Applicant in the Credit Application and, if the Customer consists of more than one person, each of them jointly and severally;
"Goods" means all goods and or materials supplied by SPC to the Customer;
“GST” means GST within the meaning of A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended;
“Other Property” means all present and after-acquired property of the Customer (except the Goods) whether acquired alone or jointly as a tenant in common or as a joint tenant;
“PPSA” means the Personal Property Securities Act 2009 (Cth) as amended;
"Security Agreement" and “Security Interest” have the meaning ascribed to them in the PPSA;
“Services” means any and all services supplied by SPC to the Customer
"SPC" means SWITCHES PLUS COMPONENTS PTY. LTD. (ABN 70 159 714 708) of 242 Governor Road, Braeside, Victoria, Australia.
Please read the terms and conditions before using the switchesplus.com.au website, the ecommerce website of Switches Plus Components Pty Ltd (ABN 70 159 714 708). By using the website, you are deemed to have read the terms and conditions and are bound by them.
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Links and Third Party Representation on this Website
Switches Plus Components holds no liability or warranties for any other website that you may have access to through Switches Plus Components website. Switches Plus Components has no control over the privacy policies, use of personal information or content that may be published on other websites that are linked to Switches Plus Components websites, nor the accuracy of information published on these third party websites.
Third Parties may post statements on the Switches Plus Components websites, these may not be monitored and Switches Plus Components is not responsible for the material or accuracy of information posted by these Third Parties. Switches Plus Components is not liable to you or any other person for any direct, indirect, special or other consequential damages arising out of any use of any of Switches Plus Components websites, the use of any other linked website, or the use of any other website or any third party materials that are posted.
Images of products on our website are representative of the product or series/group of products and although the product images are usually those of the exact product, there are times when representative images are used. Datasheets should be downloaded to check exact specifications or contact us if unsure.
We ensure that any personal information we no longer need is either destroyed or that you become permanently unidentifiable from the information.
Switches Plus Components does not store any cardholder data. All credit card payment services are secure and are handled by SecurePay.
Switches Plus Components is committed to protecting your personal and order information and have created a secure online shopping environment. The focus of our security is centered around the safe processing of sensitive personal Credit Card information and SecurePay holds the highest level of PCI DSS (Payment Card Industry Data Security Standard) accreditation.
SecurePay is audited regularly by external auditors for the purpose of certifying compliance with PCI DSS. For more information see www.securepay.com.au/security_standards.html.
Shipping is calculated during the checkout process. All orders under 23kg will be delivered via Australia Post if possible. All orders over 23kg will be delivered via Startrack/TNT. Large or bulky goods will most likely be delivered by courier regardless of weight.
Please provide a delivery address where you will be located during business hours to avoid delays receiving your order. If nobody is available to sign for goods, the goods will be left at your nominated address. We accept no responsibility for goods if they go missing once they have been delivered.
Delivery times are dependent on location, but are typically 2 – 5 business days after dispatch.
Goods will only be accepted by Switches Plus Components for return if they are damaged or incorrectly supplied by Switches Plus Components. All other returns are not permitted.
Any claim that the goods are damaged or incorrectly supplied must be made in writing to Switches Plus Components within 10 business days of receipt of the goods by you, and you must provide a reasonable opportunity for Switches Plus to inspect the goods. Switches Plus Components will only accept the return of goods if the goods are still in their original undamaged packaging.
Switches Plus Components only liability (if any) is limited to the resupply of the goods.
Switches Plus will not refund any amount incurred for shipping.
If you have simply changed your mind and you are able to provide a valid invoice, Switches Plus Components may offer you an exchange or refund provided that the goods are:
unused, in saleable condition and in its original packaging
not subject to the exclusions listed below,
Goods that are indent and have been ordered in specifically by you.
Goods that are custom made or altered to your requirements.
Head phones and ear phones.
Goods that are purchased on a clearance basis.
The exchange or refund is sought within 30 days of purchase.
If you are unable to provide a valid invoice and/or 30 days has passed since the original purchase date, Switches Plus Components at its absolute discretion reserves the right not to offer an exchange or refund for change of mind.
Switches Plus Components is not required to provide you with a copy of your original invoice to facilitate an exchange, refund, insurance or warranty claim.
You are responsible for returning the goods to Switches Plus Components.
Refunds will be given using your original payment method. For Account Holders refunds will be made by way of a credit note.
To apply for an account with Switches Plus Components Pty Ltd, download the application form here.
All prices are in Australian Dollars (AUD). You can pay with a VISA or Mastercard Credit Card.
2.1 Subject to clause 2.4, or unless otherwise agreed in writing, these Conditions apply exclusively to every contract for the sale of Goods and or the supply of Services by SPC to the Customer and cannot be varied or replaced by any other conditions without the prior written consent of SPC.
2.2 Any written quotation provided by SPC to the Customer concerning the supply of Goods and or Services is valid for the period stated in the quotation, and is only an offer to the Customer to place an order based upon that quotation.
2.3 SPC will not be deemed to have accepted an order by the Customer unless it has communicated acceptance to the Customer in writing or has delivered the Goods stated in the order.
2.4 SPC may vary these Conditions provided it first gives 30 days written notice to the Customer. Any order placed, or Goods or Services supplied at the request of the Customer, after such 30 day period, will be deemed to be the Customer’s acceptance of the varied Conditions.
2.5 The minimum cash sale order value is $25.00 and account order value is $75.00 or as otherwise notified by SPC to the Customer from time to time.
2.6 SPC may terminate this agreement on 30 days written notice. Any termination is without prejudice to the rights of SPC accrued prior to such termination including the right to be paid or to recover the Goods.
4.1 If the Customer defaults in payment by the due date of any amount payable to SPC, then all money which would become payable by the Customer to SPC at a later date on any account, becomes immediately due and payable without the requirement of any notice to the Customer, and SPC may, without prejudice to any accrued rights or other remedy available to it:-
(a) charge the Customer interest on any sum due at the prevailing rate pursuant to the Penalty Interest Rates Act 1983 plus 2 per cent for the period from the due date until the date of payment in full;
(b) charge the Customer for all expenses and costs (including legal costs on a solicitor/own client basis) incurred by it resulting from the default and in taking whatever action it deems appropriate to recover any sum due;
(c) cease or suspend for such period as SPC thinks fit, supply of any further Goods, Services or credit to the Customer; and
(d) by notice in writing to the Customer, terminate any contract with the Customer so far as unperformed by SPC.
4.2 Clause 4.1 may also be relied upon, at the option of SPC:
(a) where the Customer is an individual and becomes bankrupt or enters into any scheme of arrangement or any assignment or composition with or for the benefit of any creditors ; or
(b) where the Customer is a corporation and it enters into any scheme of arrangement or any assignment or composition with or for the benefit of any creditors or has a liquidator, provisional liquidator, administrator, receiver or receiver and manager appointed, or any action is taken for, or with the view to, the liquidation (including provisional liquidation), winding up or dissolution without winding up of the Customer.
4.3 In the event of a dispute, the Customer will not be entitled to withhold payment of any undisputed amount due to SPC.
5.1 The Customer agrees:
(a) that these Conditions constitute a Security Agreement for the purposes of the PPSA;
(b) that these Conditions create a Security Interest in all Goods (and the proceeds of the Goods) in favour of SPC to secure the purchase price for the Goods;
(c) that the following sections of the PPSA do not apply: 95, 118, 121(4), 125, 129(2), 129(3), 130, 132(3)(d), 132(4), 135, and, to the extent section 115(7) applies, each section of Part 4.3 of the PPSA is excluded unless SPC elects in writing to retain Part 4.3 (which SPC may elect to do either in whole or in part); and
(d) to waive its right to receive notice of a verification statement in relation to registration of a Security Interest.
5.2 The Customer:
(a) further agrees that these Conditions also create a Security Interest in all of the Customer’s Other Property, although such Security Interest is not intended to prevent the Customer from transferring such Other Property in the ordinary course of the Customer’s business; and
(b) separately charges all land owned now and in the future by the Customer whether owned alone or jointly as a tenant in common or as a joint tenant, in favour of SPC to secure payment and performance of all the Customer’s obligations under these Conditions.
5.3 The Customer agrees:
(a) title and property in all Goods remain vested in SPC and do not pass to the Customer;
(b) the Customer must hold the Goods as fiduciary bailee and agent for SPC;
(c) the Customer must keep the Goods separate from its own goods and maintain the labelling and packaging of SPC;
(d) the Customer is required to hold the proceeds of any sale of the Goods on trust for SPC in a separate account;
(e) the Customer must deliver up all Goods to SPC immediately upon service of a written demand; and
(f) SPC may without notice, enter any premises where it suspects the Goods may be and remove them, notwithstanding that they may have been attached to other Goods not the property of SPC, and for this purpose the Customer irrevocably licences SPC to enter such premises and also indemnifies SPC from and against all costs, claims, demands or actions by any party arising from such action, until full payment in cleared funds is received by SPC for all Goods supplied by it to the Customer, as well as all other amounts owing to SPC by the Customer.
5.4 The Customer may resell the Goods in the ordinary course of its business (but may not otherwise sell or encumber the goods) and if it does so shall receive the proceeds of resale as trustee of SPC, to be held on trust for SPC. SPC shall be entitled to trace the proceeds of resale.
5.5 To assure performance of its obligations under these Conditions, the Customer hereby grants SPC an irrevocable power of attorney to do anything SPC considers should be done by the Customer pursuant to these Conditions. SPC may recover from the Customer the cost of doing anything under this clause 5, including registration fees.
6.1 Prices for the supply of Goods and or Services exclude sales tax, consumption or goods and services tax, and any other taxes, duties or imposts imposed on or in relation to the Goods and or Services.
6.2 If prices for Goods and or Services provided by SPC do not expressly indicate that the prices include GST then the Customer will pay SPC the price for the Goods and or Services plus GST.
7.1 Any period or date for delivery of Goods and or Services stated by SPC is intended as an estimate only and is not a contractual commitment.
7.2 If the Customer is unable or fails to accept delivery of the Goods, the Customer will be liable for all costs incurred by SPC due to storage, detention, double cartage, travel expenses or similar causes.
All risk in the Goods and all insurance responsibility for theft, damage or otherwise in respect of the Goods will pass to the Customer immediately upon delivery of the Goods to the Customer.
9.1 Except as specifically set out herein, any term, condition or warranty in respect of the quality, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Goods and/or Services, whether implied by statute, common law, trade usage, custom or otherwise, is hereby expressly excluded.
9.2 SPC is not liable for any indirect or consequential losses or expenses suffered by the Customer or any third party, howsoever caused arising from the supply of the Goods and/or Services, including but not limited to loss of turnover, profits, business or goodwill.
9.3 SPC will not be liable for any loss, damage or claim suffered by the Customer where SPC has failed to meet any delivery date or cancels or suspends the supply of Goods.
9.4 Nothing in these Conditions is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of Goods and/or Services which cannot be excluded, restricted or modified. If any of these Conditions is inconsistent with State or Federal legislation, such Conditions must be read down only to the extent necessary to comply with such legislation and will otherwise apply to the fullest extent legally possible.
9.5 If the Customer is a “consumer” within the meaning of Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the Goods are not of a kind ordinarily acquired for personal, domestic or household use or consumption, SPC’s liability for a breach of a condition, warranty or guarantee (whether express or implied) is limited to any one of the following as determined by SPC:
(a) the replacement of the Goods or the supply of equivalent Goods; or in the case of Services, supply the Services again or pay the costs of having the Services supplied again
(b) the payment of the cost or replacement of the Goods or of acquiring equivalent Goods.
No purported cancellation or suspension of an order or contract for Goods and or Services by the Customer will be binding on SPC after that order has been accepted by SPC.
11.1 All Goods are sold on a non-returnable, non-refundable basis and, subject to clause 11.3, may only be returned if the Goods are damaged by SPC upon delivery or are incorrectly supplied by SPC.
11.2 Any claim by the Customer that the Goods are damaged or incorrectly supplied must be made in writing to SPC within 10 business days of receipt of the Goods by the Customer and the Customer must provide a reasonable opportunity for SPC to inspect the Goods. SPC’s only liability (if any) is limited to the resupply of the Goods.
11.3 SPC may, in its sole and absolute discretion, agree to accept a return of some or all of the Goods but all such Goods returned will be subject to a minimum 25% handling fee. Goods specially ordered or manufactured for a customer will under no condition be cancelled or returned, unless the goods are damaged or proven to be defective.