These Trading Terms ("Terms") set out the terms and conditions upon which you may purchase products via the EMTS web site or telephone. Please read the following Terms carefully before placing your order. By completing the online order form/ordering you (the "Customer") agree to be bound by the terms and conditions below.
o Goods displayed on the EMTS website are available for purchase (subject to availability) online, over the telephone and in EMTS stores within Australia.
o The Customer must use the online order system to place an order for Goods via the internet ("Online Order"). The Customer warrants that all information and data provided by him/her in the online order is accurate, complete and up to date. The Customer will promptly inform EMTS if there is any change to this information or data.
o After an Online Order has been submitted, the Customer will be contacted via telephone, fax or email to confirm that all order details are correct, give payment details and confirm that all delivery charges are approved by the Customer. Within a reasonable time after such confirmation and approval is received, EMTS will arrange delivery of the Goods to the address within Australian nominated by the Customer ("Delivery Address").
o The Customer is responsible for any costs associated with accessing the EMTS website and placing Online Orders including any internet service provider fees and for all telephone call charges if ordering by telephone.
o EMTS may withhold supply of the Goods to the Customer where EMTS has insufficient Goods to fulfil the order, the Goods ordered have been discontinued or if the Customer has an account with EMTS and that account is overdue. A full refund of any amounts paid by the Customer will be made if the supply of Goods is withheld.
o Prices listed are in Australian and/or New Zealand dollars and are subject to change but will not affect orders placed prior to a change to the price taking effect.
o Goods ordered are charged at the price applicable at the time the order is submitted. Upon delivery of the Goods, EMTS will provide a tax invoice specifying the total price for the Goods including delivery.
o Unless expressly stated otherwise, prices of Goods do not include any sales tax, goods and services tax or similar taxes or other domestic or foreign government duties, charges and taxes. Where applicable, those duties, charges and taxes will be added to the price or will be otherwise payable as a separate charge to be paid by the Customer.
3. Payment Terms
o Customers may set up an account with EMTS by completing and submitting to EMTS the Application for Commercial Credit . EMTS's General Credit Terms and Conditions apply.
o EMTS accepts the following payment methods for Online Orders orders: credit card (Visa, Mastercard); cheque (personal or bank) or money order. Cheque payments require 5 Business Days to clear before Goods are dispatched to the Customer. Cash payments are accepted in EMTS store only.
o Property in the Goods does not pass until the Customer has paid all monies owing to EMTS in full. Risk in the Products passes to the Customer at the time the Goods are delivered to the Delivery Address.
o All delivery costs will be charged to the Customer.
o Anyone at the Delivery Address who receives the Goods shall be presumed by EMTS to be authorised to receive the Goods.
o If there is no-one at the Delivery Address or no-one of appropriate age to receive the Order when the Order is delivered, EMTS may retain possession of the Goods and charge an additional delivery fee when attempting to redeliver the Goods.
5. Warranties and Returns
o All EMTS Goods carry the manufacturer's warranty where applicable.
o Except where otherwise stated and to the extent permitted by Australian Consumer Laws, EMTS excludes all warranties in respect of the Goods.
o Goods incorrectly ordered or unused and no longer needed by the Customer may be returned to EMTS within a reasonable time and at EMTS's discretion. Customers will be charged a 10% restocking and handling fee for such returned Goods.
o A copy of the EMTS invoice or proof of purchase must be attached to all returned Goods.
o All returns require a Returns Authorisation Number (RAN) which is allocated by EMTS. Before returning Goods, the Customer must contact EMTS for details of his/her RAN.
o EMTS reserves the right to use their nominated courier for returned Goods.
o Refunds will be made in the same way as original payment for the Goods.
o EMTS takes reasonable care in supplying personal protective equipment and other safety equipment based on information provided by the Customer. However, EMTS is not responsible or liable for any loss or damage caused to person or property as a result of the Customer's failure to seek professional advice from appropriate authorities or safety specialists before making a purchase from EMTS.
o EMTS is not liable for any loss or damage whatsoever suffered by the Customer as a result of any act, omission or statement made by EMTS, its employees, contractors or agents whether negligent or not, or as a result of a delay or inability to deliver the Goods, except that nothing in these Terms limits any liability imposed by any statute unless or to the extent that it is lawful to do so.
o The Customer indemnifies EMTS against all loss, liability, cost (including legal costs on a full indemnity basis) and expense incurred by EMTS in connection with any act or omission of the Customer including, but not limited to, negligence of the Customer or any unauthorised representation made or warranty given by the Customer in connection with the Goods; or as a result of any claim made or action brought in connection with the Goods or their use other than a claim or action brought by the Customer under these Terms or a condition or warranty implied by law which is not excluded by these Terms.
o The entire risk arising out of installation, down loading, use or performance of any software remains with the Customer. To the extent permitted by law, the Customer releases and discharges EMTS and its related bodies corporate from all forms of direct, special, indirect or consequential loss or damage (including loss of profits and loss of data) arising out of or in connection with EMTS or these Terms.
7. Intellectual Property Rights
o The Customer acknowledges that EMTS or its related bodies corporate own or are licensed to use all intellectual property rights in the EMTS web site (including, but not limited to, any images, photographs or text which appear on the web site). The Customer agrees that he/she will make no representation to the contrary, and that he/she will not use or copy EMTS's website in any manner which is inconsistent with the rights of the owner or licensee of such intellectual property rights.
o The Customer acknowledges that any trade marks or logos which appear on the EMTS web site are owned by or licensed to EMTS or its related bodies corporate, and that the Customer must not do anything to prejudice the rights of the trade mark owner or licensee to such trade marks or logos.
9. Provisions are severable
o Each clause and subclause of these Terms is separate and independent. If any clause or subclause is found to be invalid or ineffective, the other clauses or subclauses will not be adversely affected.
10. Changes to terms
o EMTS reserves the right to amend these Terms from time to time. Amended Terms come into effect from the time they are posted on the website. You should review this page regularly to ensure that you are aware of any changes to the terms prior to placing an order.
11. Effect of other terms
o These Terms are in no way affected by any other express or implied terms contained in any terms of sale issued by a business Customer in relation to the sale of the Goods.
o Where these Terms are inconsistent with the General Credit Terms and Conditions in respect of a Customer's account with EMTS, the General Credit Terms and Conditions prevail.
o In these Terms, unless the context otherwise requires: (a) "Customer" means each and every person or corporation to whom EMTS supplies Goods; (b) "Business Days" means any day that is not a Saturday, Sunday or gazetted public holiday in the State of Victoria, Australia; (c) "Goods" means all goods supplied by EMTS to the Customer; and (d) "Terms" means these Trading Terms.
13. ContactIf you have any queries about EMTS products or would like to place an order, please contact EMTS in Australia on 1300 662 612.