INTRODUCTION AND GOVERNING LAW
These are the Terms & Conditions of Sale applicable to on-line purchases from Star Micronics Pty Ltd’s online ordering system ("STAR"). This online ordering system is dedicated exclusively for the use of approved resellers of STAR. These conditions should be read in conjunction with STAR’s website Terms of Use.
These terms and the laws of New South Wales, Australia, apply to all transactions for the purchase of STAR products ("Products") from STAR through its web site at www.starmicronics.com.au and any associated web pages or sub-sites (the "Site"). These terms represent the complete Agreement between STAR and the Reseller covering the sale of Products from this Site. Except for terms implied by applicable legislation, STAR does not offer or agree to any conditions, warranties, guarantees or representations relating to the quality, description or performance characteristics of the Products other than those set out in these terms. The Reseller's completion of the Checkout form on this Site will constitute an offer to the Reseller to purchase Products (the "Order"). All Orders are subject to acceptance by STAR.
PRICES
The prices to be paid by the Reseller for all Products will be STAR's current selling price on the date of receipt by STAR of the Order, less any applicable discounts in effect at that time. All Orders will attract a delivery charge as set out on the Delivery Charges page of the Checkout. STAR will not be responsible for errors in pricing that appear on the Site. STAR will notify a Reseller in the event of a pricing error on the Site before an Order is delivered. And the Reseller will have the opportunity to cancel its Order within a reasonable time. STAR reserves the right to change its prices from time to time without prior notice to the Reseller. All prices in this website exclude Australian Goods and Services Tax (GST). The GST payable by the Reseller will be shown on the checkout form and on the invoice, which STAR will send to the Reseller. Delivery charges to the nominated address will be advised to the Reseller on the delivery screen and Order confirmation pages of the Site.
STOCK AVAILABILITY
If a Product is "out of stock" when STAR processes an Order, STAR will contact the Reseller to discuss revised delivery times or refund options.
ORDER DELIVERY AND CANCELLATION
All Orders by the Reseller under this Agreement must be placed via the forms provided on this Site and must specify the information requested, including (but without limitation):
(a) Quantity and description of Products
(b) The full street address to which the Product is to be delivered
(c) Current billing address for invoices and statements.
The Reseller must complete all information requested on the Order form before the Order is processed by STAR.
STAR will not accept orders:
(a) From end-user customers who are buying Products for their own use;
(b) If the Reseller does not offer to pay by one of the credit cards listed in this website; or
(c) If the Reseller's credit card provider does not confirm the payment; or
(d) If the Reseller’s credit account is on Stop credit or has no available credit
STAR will send the Reseller an e-mail acknowledging the Products ordered as soon as possible after the Reseller places an Order. If STAR does not accept the Reseller's Order for any reason, it will inform the Reseller by email in the same manner. DELIVERY
Delivery of all in-stock Product will occur between 1-5 business days after acceptance of an Order. A Reseller can arrange to collect orders from STAR’s New South Wales premises in-person, otherwise STAR will ship all orders via STAR’s designated courier service. STAR will use its best endeavors to deliver the Products to the place of delivery specified by the Customer on the within the delivery timeframe but in no event will it be liable for any loss or damage suffered by the Customer as a result of the Products being delivered after the proposed date.
The Reseller must allow STAR or its delivery agent free access to the place of delivery at all reasonable times in order to effect delivery of the Products. STAR will freight the Products to the place of delivery as specified by the Reseller. The Reseller acknowledges that STAR may, from time to time, be subject to production, delivery or other unforeseen delays and that STAR may allocate distribution of Products ordered among its customers at its sole discretion.
Risk in the Products passes to the Reseller upon collection by or delivery to the carrier at STAR’s premises and the Reseller must insure the Products at its own expense and maintain such insurance until title passes to the Reseller. If Reseller's Order has not been delivered within a reasonable time, the Reseller should contact STAR at: admin@starmicronics.com.au STAR reserves the right to make partial delivery of an Order.
PAYMENT
Payment for Products purchased from STAR via the Site can be made by VISA or MasterCard credit cards or by credit account if applicable. STAR will verify the credit card or credit account information submitted by the Reseller and will advise the Reseller that its Order has been accepted. The Reseller agrees to submit to STAR such information as may be reasonably requested by STAR for the authorization and verification of its credit card purchases. STAR reserves the right to exercise its lawful remedies if a dispute arises over payment through the Reseller's credit card provider. In particular, but without limitation, if the Reseller's credit card provider rejects a payment when due, STAR at its discretion may delay or cancel delivery of Orders placed by the Reseller. STAR may also offset and deduct from any refund due to the Reseller all sums owed by the Reseller to STAR. If the Reseller's account is placed in collection, STAR will be entitled to claim all reasonable expenses for collection, including legal fees incurred in connection therewith.
Title in the Products (both legal and beneficial) remains with STAR notwithstanding delivery to the Reseller or STAR’s carrier until STAR receives payment in full of all money owing by the Reseller to STAR (whether in respect of money payable under the invoice for this order, another invoice or specific contract or any other account whatsoever). If the balance of this clause is held to be unenforceable or ineffective for any reason, the Reseller agrees that title in the Products does not pass until STAR has received payment in full for those Products that are subject of this order. Until title passes to the Reseller, the Reseller must by separate storage or some other means, ensure that the Products are readily identifiable as the property of STAR and must keep the Products as bailee for and on behalf of STAR. If payment is not made within 3 days of final demand in writing made by STAR, the Reseller irrevocably authorises STAR without prejudice to any other remedies STAR may have, to enter the premises where the Products are stored and re-take possession of the Products. Notwithstanding the above, before STAR has received full payment for the Products the Reseller will be entitled to offer for sale the Products in the ordinary course and STAR will be legally and beneficially entitled to the proceeds of any such sale to the extent of any payment due to STAR and the Reseller must keep the proceeds of any such sale separate from its own moneys and account to STAR for such proceeds and STAR will have the right to trace the proceeds according to the rules of common law and equity. A like right will apply where the Reseller uses the Products in any way so as to be entitled to payment from a third party. CANCELLING AN ORDER
If the Reseller wishes to cancel an Order prior to shipment, the Reseller must contact STAR Customer Service immediately on 02-8788 1500 and or e-mail admin@starmicronics.com.au STAR will endeavour to accommodate the Reseller's request, if the merchandise has not already shipped.
If the Reseller's entire order is cancelled prior to shipment STAR will apply a credit to the Reseller's credit account or credit card whichever is applicable and may also apply a cancellation fee at its discretion.
If an Order has already shipped STAR's normal returns and exchanges procedure will apply.
DELIVERY SERVICE
STAR will arrange delivery of all Products to the Customer using its nominated freight carriers. A Reseller must not arrange its own courier to collect the Products from STAR. RETURNS FOR CREDIT
No Products will be accepted for return without a Return Material Authorization (RMA) Number and without the original packaging being unopened and undamaged. A full credit will be allowed on Product returned within 7 days of invoice. Product returned after 7 days and up to 30 days after invoice will incur a handling charge of 10% of the selling price. A credit will not be allowed on Product returned after 30 days from invoice. Product returned for credit must be freight paid to Star Micronics office specified by a Star Micronics Returns officer at time of requesting the return, and invoice number, date and reason for return supplied. INCORRECT ORDERING OF CONSUMABLES
If the Reseller incorrectly orders a consumable, it may be returned to STAR within 7 days of receipt and may purchase a replacement item from the STAR website. Once STAR receives the original consumable, it will issue a credit against the Reseller's credit account or nominated credit card, provided that the returned Product is in new condition with its original packaging unopened. Before returning an incorrect consumable, the Reseller must obtain from STAR a Return Material Authorization (RMA) Number and return instructions. The Reseller must return the consumable to STAR, freight paid within seven (7) days of receiving the RMA Number. INCORRECT SUPPLY OF ORDER
If due to a warehouse or other error on the part of STAR, the Reseller receives a Product which does not conform to its Order, the Reseller must contact STAR within 7 days of receipt of the Product and may purchase a replacement Product from the Site, after returning the original Product to STAR, provided that the returned Product is in new condition with its original packaging unopened. Before returning a Product, the Reseller must obtain from STAR a Return Material Authorization (RMA) Number and return instructions. AMENDMENT OF TERMS AND CONDITIONS
STAR may revise these terms and conditions from time to time. Resellers should therefore periodically visit this page to view any such revisions. STAR PRODUCT WARRANTY
STAR Products come with a 12 month return to manufacturer warranty. Additional Extended warranties can be purchased with products at the time of placing an order. Subject to the conditions below, Products are expressly warranted by STAR against defects in materials and workmanship for a period of 12 months from the date of the original sale recorded on this website. The warranty is in addition to other warranties expressed or implied under the Trade Practices Act (1974). The warranty applies only to STAR Products and applies only to the original purchase from this Site and only if such original purchase by the Reseller was made in Australia. STAR Products carry an official Star Micronics Product serial number (other that consumables). The warranty shall not cover damage, malfunction or failure resulting from accident, misuse or misapplication, improper or unauthorised repair, neglect, modification of use of unauthorised replacement parts or accessories, operation of the unit beyond its technical and environmental specifications, software of interfacing supplied by the customer, or improper voltage. The warranty shall be void if the rating label or serial number is removed or altered. STAR will not accept or have any other responsibility or liability whatsoever for or in relation to the Product including liability for negligence or liability for incidental, consequential, indirect or special damages, including without limitation, loss of actual or anticipated revenue or loss of data or for date being rendered inaccurate. For all Product warranty enquiries please phone STAR customer service on 02-8788 1500 NON - STAR PRODUCT WARRANTY
Non-STAR manufactured product will be covered by that specific manufacturer's warranty, terms and conditions. Please refer to the manufacturer's website for their specific warranty conditions. |
