Sale of Goods



v3      17/07/2020

The Terms and Conditions of Sale detailed below govern the contractual relationship between the ‘User’ (hereafter also referred to as ‘You’ or the ‘Customer’) and ‘Safemode Solutions’ (hereafter also referred to as ‘We’ or the ‘Us’ or the ‘Our’), belonging to the business Safemode Solutions, 36 Dallas Crescent Watsonia North. Melbourne Victoria Australia. Both parties accept these Conditions unreservedly. These Conditions of Sale are the only conditions that are applicable and replace all other conditions of sale except in the case of express, written, prior dispensation. We maintain that, by confirming your order, you have read and do unreservedly accept our Conditions of Sale. These Terms and Conditions of Sale are important to you and Safemode Solutions as they are used to protect your rights as a valued customer and our rights as a business.

Changes to the Terms & Conditions of Sale of Goods & Services
Our Terms and Conditions of Sale is a work in progress, and as such things may change, be added or be taken away. We reserve the right to update these Terms and Conditions from time to time, at our discretion and without any notice. It is solely your responsibility to keep up-to-date with the latest Terms and Conditions by checking back regularly. Your continued use of the Website following the publishing of updated Terms and Conditions will be taken to mean that you have read and agree to the changes.

Product Information.
Safemode Solutions takes great care when putting product information, descriptions, and images on-line but will not be held responsible for any mistakes or omissions to any information given. The technical information details of a product may indicate that the instruction manual or any software does not come in English.

The prices quoted to you does not include any goods and services tax in Australia and does not include delivery. The delivery costs are clearly shown and invoiced at the end of the order or email in addition to the price of the products. We reserve the right to modify our prices at any moment but this will be indicated to you on the order at the time the order is placed. If an obviously incorrect price appears on and is not corrected on your total at the time of order completion, for whatever reason (human error, technical error, etc.), your order will be canceled and the payment refunded to you.

Several types of warranties are available for the products sold on our website or direct to you from our premises. All products sold on the Website or direct from our premises, whether they are new or used, come with a legal guarantee concerning product conformity, as outlined in the following legal clauses. The aforementioned guarantee may be used in conjunction with extended warranties. Pursuant to the legal guarantee concerning product conformity, Safemode Solutions commits to delivering your order in accordance with the provisions of the concluded sales agreement. We will also take responsibility for any latent defects noticed upon delivery.

To comply with the terms of the contract, products must:
1) Match the description given on the website.
2) Be suitable for the purpose usually associated with such a product, or be suitable for any other purpose required by the customer. The customer will have informed Safemode Solutions of the required purpose before placing their order, and Safemode Solutions will have formally confirmed the suitability of the product.
3) Have the features and purpose that customers would expect from such a product, given the product type and description on the website.

In the case of a lack of conformity, you shall be entitled to have the goods brought into conformity free of charge by repair or replacement.
The legal guarantee concerning product conformity covers all defects discovered within 7 days from the date your product was delivered.
Whatever the problem with your product, we recommend you contact Safemode Solutions ASAP.

The legal guarantee concerning product conformity does not apply in some cases:
– when damage is caused by external factors such as shocks, lightning, power surges, rust, and sand.
– When damage is caused by the customer’s non-respect of the manufacturer’s instructions regarding the use and installation of the product.
– When damage is caused by the customer’s misuse of the product.
– When the customer is aware of damage to the product at the time of placing their order.

Manufacturers’ warranties for defective products:
In addition to legal guarantees, some products sold on the website or from our premises come with a manufacturer’s warranty. Manufacturers’ warranties vary in terms of length and coverage depending on the product and brand.

Manufacturers’ warranties do not cover:
– replacement consumables such as batteries, light bulbs, fuses, and recording or playback heads,
– improper use of the product,
– damage resulting from repairs performed by non-certified technicians,
– damage caused by external factors such as accidents, internal or external shocks, lightning, power spikes, rust, and sand.

Please read the user manual supplied with your product(s) carefully for the exact terms and conditions of the manufacturer’s warranty. Should the manufacturer not honor the terms of the warranty for any of the aforementioned reasons, Safemode Solutions will not be held responsible. In cases where the manufacturer’s warranty is not applicable, the manufacturer will provide the customer with an estimate repair fee. If you would like your product(s) to be returned to you by the manufacturer without any repairs being carried out, administration and freight charges may apply. Should you choose to abandon your product altogether, no additional charges will apply. You have 7 days to accept or reject the quote and pay the amount due. If we do not hear from you within this time, we will assume that you have rejected the quote and abandoned your product. No compensation will be issued.

Our after-sales service will only attempt to send products to customers once. If we are unable to deliver your parcel, (i.e. parcel refused, delivery impossible, etc.) your product will be returned to Safemode Solutions logistics center, where you’ll be able to collect it within 7 days. After this time, we will assume that you have abandoned your product, and Safemode Solutions will reserve the right to destroy your item. No compensation will be issued or refund given.

Faulty Goods.
If there is a fault with your product within 12 months (for new items) of invoice/receipt or 30 days (for used items) (or other defects with your order), we will normally offer a prompt repair or exchange. You will always have the option of an exchange or refund if the fault occurs within 7 days of delivery. In all cases, we reserve the right to inspect the product and verify the fault. To qualify for a refund or exchange, the product must be in “as new” condition, and complete, with any accessories and free gifts offered with it (and, if possible, the original box and packaging). This warranty does not cover faults caused by accident, neglect, misuse, or normal wear, and tear. Any refund due to a fault or other defect will not include a refund of the applicable delivery charge. We will not pay for the costs of collecting goods for replacement or refund. Replacement goods are sent by standard delivery only and paid for by you the customer.
Please let us know by email if you want your product returned with freight insurance. There is an extra cost for this service and you will need to pay for this before it is dispatched.

We request that you send us the merchandise by registered post and that you purchase insurance with your carrier for the value of the merchandise. This is necessary should they lose or damage the goods. Shipping fees remain the customer’s responsibility. The present right of return only applies to products that are returned in their original, complete working condition (packaging, accessories, user guide, etc.). Any product that has been damaged, is not in its original packaging, or has packaging that has been worn beyond simply opening the product, will not be refunded.
All customer data stored on a digital support (memory card, hard drive, etc.) and sent back to The Safemode Solutions by you will not be kept. The Safemode Solutions shall not be held responsible for any data loss resulting from repairs. The deadlines mentioned above are effective from the date of receipt of the order. We will not be held liable for poor use and its consequences on the products purchased through the Website or from our premises. Although our products have performance that is compatible with professional usage if your product develops a fault, the warranty will cover the costs of labour, parts but not shipping costs incurred for repair. In cases where the product cannot be repaired, Safemode Solutions will offer an exchange for an equivalent product or refund the amount you paid without any freight or insurance charges with Safemode Solutions. The validity of extended warranties ends as soon as a refund is issued.

The following cases are not covered by warranties:
Deterioration resulting from modification or adjustments (other than those required for the product to operate) made to the product without the written authorisation of the manufacturer
– fees related to periodical maintenance, repair and replacement of parts following ordinary wear and tear
– broken and damaged accessories
– deterioration resulting from incorrect use, including:
a) inappropriate use of the product or non-respect of the manufacturer’s instructions on how to use and maintain the product
damages originating from repairs carried out by non-certified technicians or by users themselves

– damages caused by accidents, lightning, floods, insufficient airflow or any other reason for which the manufacturer is not responsible
– damages resulting from faults in the system where the product has been incorporated
Extended warranties are not valid if the model or the serial number of the product has been modified.

Limitation of liability, Waiver and Severability, Limitation of Liability.

Safemode Solutions will not be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to this agreement or the transactions it contemplates (whether for breach of contract, tort, negligence, or other forms of action) and irrespective of whether Safemode Solutions has been advised of the possibility of any such damage. In no event will Safemode Solutions liability exceed the price the buyer paid to Safemode Solutions for the specific goods provided by Safemode Solutions giving rise to the claim or cause of action. Any failure of Safemode Solutions to exercise or enforce any right or provision of the Terms of Sale shall not constitute a waiver of such right or provision. The Terms of Sale constitutes the entire agreement between you and Safemode Solutions, and governs your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Sale). If any provision of these Terms of Sale is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Sale will continue in full force and effect. Safemode Solutions will not be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to this agreement or the transactions it contemplates (whether for breach of contract, tort, negligence, or other forms of action) and irrespective of whether Safemode Solutions has been advised of the possibility of any such damage. In no event will Safemode Solutions liability exceed the price the Buyer paid to Safemode Solutions for the specific Goods provided by Safemode Solutions giving rise to the claim or cause of action.

Indemnity Hold harmless.
Customer agrees to indemnify Safemode Solutions and hold Safemode Solutions harmless for so long as the rights and obligations are in force and effect, and for two years after termination thereof against any claims, suits, losses or damage suffered or incurred by Safemode Solutions as a result of any allegedly unauthorised use by Customer, its authorised representative or sub-contractors of any trademark, patent, process, artwork, idea, method or device by the customer in connection with the products or any other alleged action by the customer and also from any claims, suits, loss or damage arising out of alleged defects in the products.

Account Customers.
Safemode Solutions reserves the right to suspend cancel all trade facilities including any discounts or any other special deals made if the Buyer fails to comply with our TERMS AND CONDITIONS OF SALE OF GOODS AND SERVICES. We reserve the right to do this and cannot be held liable for any loss of business the Buyer might face when supply is withheld. All freight costs are not included in the sale price and are always an extra fee depending on the distance from our premises to you. Deliveries are during business hours and insurance is always available but will incur an extra cost. We do not Post to Po Boxes.

Credit Limits.
Any Credit Limits we have allowed can be revoked at any time and not limited to account in arrears. We can withdraw any credit facility we see fit and without any liability to any parties and or the buyer.

Credit Payment Terms.
Credit terms a strictly 7 days from the invoice date. Electronic Funds Transfer, Cash, or cheque are some options for payment. Please contact us if you need other options.

Cash or Non Account Customers.
All total payments including freight must be cleared at our bank before any products leave our premises or dispatched direct from our supplier. All new orders require full payment and the deposit must be cleared into our account especially if paying by cheque. We accept direct bank deposits, credit cards, Eftpos bank cheque, business, or a personal cheque. Please note: Allow up to 3 business days for cheque clearance. All our product parcels will incur a freight cost and is always an extra fee depending on the distance. Deliveries are during business hours and insurance as always available but will incur an extra cost.

Terms of payment for account clients.
All account customers must pay the net within 7 days from the invoice date. Payment to be in the form of Cash, Cheque (3-day clearance), or electronic funds transfer. We reserve the right to stop the supply of any goods if accounts are not up to date.

Cancellation and return of goods.
All cancellations of orders must be in writing and we must accept it for it to be valid. We must be indemnified for any loss while in transit to us.

Applicable law and conflict resolution.
This condition of sale of goods shall be governed in accordance of the laws of the state of Victoria and everyone agrees to submit to the courts of the state of Victoria in Australia.

Applying for credit terms.
Safemode Solutions reserves the right to examine the credit history and other relevant enquiries subject to the Australian Privacy Act 1988. Safemode Solutions may authorise a third party not limited to a credit reporting agency and any other agency Safemode Solutions sees fit and allowed by Australian law.

We reserve the right to withhold our credit facilities at our own discretion if a customer defaults on any payments of any of our conditions listed in this agreement.

All prices quoted by Safemode Solutions are subject to change and without notice Please note a quote is not an offer and an order is not bound by Safemode Solutions to supply until Safemode Solutions accepts it.

G.S.T and pricing.
Safemode Solutions does not have to comply or be obligated to uphold any way prices quoted or any prices that are listed through the website. Mistakes can be made and we will endeavor to correct them ASAP. All prices are quoted ex GST (goods and services tax of Australia. GST will away be whatever the rate is at the time of the invoice being created. If prices increase beyond Safemode Solutions control from the order date and the delivery date, all extra costs will be added to the Buyers invoice. Under these circumstances, Safemode Solutions reserves the right to adjust prices as it sees fit.

Title of Goods and Retention of Goods Supplied.
Buyer Takes on all risks of the goods as soon as it is delivered but ownership and title of goods remain with Safemode Solutions until all payments are cleared in our bank. This also includes any other outstanding balances from the Buyers account. Goods title will not pass to the buyer and the buyer acts as a Bailee of Safemode Solutions. The buyer will also keep all items stored separately and clearly identifiable as items from Safemode Solutions. As a judiciary, the Buyer can sell as part of the Buyer’s ongoing business but the money received from such sale must be kept separate and used to make payment to Safemode Solutions. Safemode Solutions retains ownership of all goods that have not had payments cleared. Your order will be delivered to the address you indicated when your order was placed. The products bought from us will be delivered to one address and we do not deliver to PO Box addresses. Safemode Solutions will do everything in its power to stick to the delivery times that were arranged. We cannot, however, be held responsible for the consequences of a late delivery or the loss of a package caused by a third-party contracted to make delivery, or by you, or because of some unforeseen event or an Act of God. In the event where you do not receive your package, an investigation will be conducted with the carrier and may take several days upon receipt of your claim. During this period of investigation, no reimbursement or re-delivery will take place.

Delivery Date & Part Delivery.
We will always endeavor to fulfill your order once completed and paid for and cleared at our Bank. If a product should become unavailable after your order has been confirmed and paid for, we will refund the price you paid for the product within the shipping fees for the rest of the order. If relevant, we will offer you a replacement for an unavailable product, a product of equal price and quality. If you accept the replacement and then wish to return it to us in the conditions outlined in this document, the return postage will not be covered by us. If you choose to decline this offer, and the original product is permanently unavailable, we will reimburse the price of the unavailable product.

Delivery charges & freight Costs.
Please check with Safemode Solutions to confirm your area and freight cost.

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