These Terms and Conditions (collectively “Terms”) govern each quotation and agreement (“Contract”) formed on acceptance of an order placed by a customer (“You”) with Avsion (ABN 80 131 787 114) for the supply of products and/or services (“Goods”), including Goods purchased via our Website.
“Website” means the Website located at www.avsion.com.au or any subsequent URL which may replace it. References to “we”, “us”, “our” in the Terms are references to Avsion and its related companies, employees, contractors or agents.
1. Governing Law
These Terms are governed by the laws of the State of New South Wales. You and Avsion agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.
2. Revisions to Terms and Conditions
Avsion may revise or amend these Terms at any time at our absolute discretion by posting revised Terms. You agree that, in the event that any portion of these Terms is found to be unenforceable, the remainder of these Terms remain in full force and effect. Any revisions will be effective immediately.
3. General Indemnity
You agree to indemnify and will keep Avsion indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by Avsion in connection with your use of our Website, your breach of these Terms or your breach of any rights of third parties.
USING OUR WEBSITE
The Avsion Website (www.avsion.com.au) is owned and operated by Avsion (ABN 80 131 787 114). By using or accessing this Website, You acknowledge that You have read, understood, and agree to be bound by these Terms. If You do not agree to these Terms, please do not use this Website.
4. Site Contents, Ownership, and Use Restrictions
The material on this site is protected by copyright under the laws of Australia and other countries through international treaties.
Unless otherwise indicated and except for information directly from or links to third-party websites, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support this site including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively “Contents”) are owned or controlled, and are reserved by Avsion and its related companies, affiliates, licensors and licensees.
5. Information From and Advertising and Links to Third Party Websites
This site may contain information from or hyperlinks and other pointers to internet websites operated by third parties. Such information or websites are not under the control of Avsion and we are not responsible for the contents of any such information or website.
Avsion provides such information and hyperlinks to You as convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Avsion. You rely on such information or websites entirely at your own risk.
You are referred to the relevant third party websites for all information regarding the third parties’ products and/or services. Third parties are solely responsible to You, subject to their conditions, for all issues relating to their website including information, goods, services, prices and the delivery of any goods or services You purchase on the third party website.
6. Personal, Non-Commercial Use
Permission is granted to display, copy, distribute, download, and print in hard copy portions of this site solely for the proper and reasonable purposes of:
- Placing an order with Avsion; or
- Using this site as a shopping resource, provided that You do not modify the site and that Avsion retains all copyright and other proprietary notices contained in the Contents.
- You must not, without our prior written permission, exploit any of our site materials for commercial purposes or other purposes that are not expressly permitted under these Terms.
7. Prohibited Conduct
You are not authorised, without the prior written permission of Avsion and any other owner of rights in content that You access via the site, to reproduce, frame, download, store (in any medium), communicate, show or play in public, adapt, change, or create a derivative work from that content.
No trademark (whether registered or otherwise) that is contained on this site or otherwise used by Avsion may be used without our prior, specific, written permission or that of the trademark owner.
8. Using Your Feedback
You grant Avsion an irrevocable, non-exclusive licence to use any material, information and ideas that You transmit to this site or otherwise provide to Avsion from the time You authorise it to be sent. You agree that we can use and adapt any ideas, concepts, techniques, words, images or other content contained in these transmissions for any purpose and without restriction or compensation.
9. Website User Conduct and Indemnity
You must not upload, post, transmit or otherwise make available through this site any material which:
- violates or infringes the rights of others (including their privacy and intellectual property rights);
- is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
- encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law; restricts or inhibits any other user from using the site;
- affects the functionality or operation of the site or its servers or the functionality or operation of any user’s computer systems (e.g. by transmitting a computer virus or other harmful component, whether or not knowingly); or
- breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities that require Avsion to take remedial action under any applicable industry code.
PURCHASING GOODS FROM US
10. Ordering Goods
Any order placed by You is an offer by You to purchase a particular product or service for the price (including the delivery and other charges) specified at the time You place your order. You acknowledge that, by placing your order, You are agreeing to pay for and accept delivery of the Goods ordered unless You ask us to cancel that order, and we send You written confirmation of the cancellation prior to the Goods being dispatched to You.
Avsion may change the prices published on our Website at any time. Prices of products placed in the ‘basket’ but not paid for are also subject to change and You agree to pay the price current at the time of payment. While every effort has been made to ensure the accuracy of prices, images and information displayed on this site, Avsion is not responsible for any error and reserves the right to accept or reject your offer for any reason, including without limitation, the unavailability of any product, an error in the price, image or the product description posted on this site, or an error in your order. We may require additional verification or information before accepting any order.
We only accept orders from within mainland Australia and Tasmania. Within this area, our policies as to delivery and returns apply as set out in these Terms.
11. Payment and Interest
Avsion reserves the right to require payment for Goods and delivery in advance of delivery. An amount outstanding to Avsion will be subject to interest on the overdue amount calculated at the rate of ten per cent (12%) per annum.
In the event that You fail to pay for Goods in accordance with these Terms, You must, if requested, return the Goods to Avsion at full cost to You.
12. Proof of Transaction
Avsion will provide You with a “proof of transaction” and if requested, an itemised bill in accordance with the Trade Practices Act 1974 (Cth) and any successor legislation (“Act”).
13. Shipping & Delivery
Refer to our Shipping & Delivery Policy.
Refer to our Returns Policy.
15. Title and Risk
Title to the Goods purchased on this site does not pass from Avsion to You until we have received payment in full for the Goods. All risk in the Goods passes to You upon delivery to your address.
16. Warranty against Defects
Avsion comes with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement for a major failure and for compensation for any other reasonably foreseeable loss or damage. You also entitled to have the Goods repaired, or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.
17. Warranties, Conditions and Guarantees
17(a) Subject to clause 17(b), these Terms set out the full extent of our obligations and liabilities in respect of the supply of Goods and performance of any service and there are no warranties, conditions or other terms that are binding on us except as expressly stated in the Contract. Any warranty, condition or other term concerning Goods which might otherwise be implied into or incorporated in the Contract by statute, common law or otherwise (including without limitation any implied term as to quality or fitness for purpose) is expressly excluded.
17(b) Nothing in the Contract will limit or exclude our liability for death or personal injury caused by our negligence.
17(c) Subject to clause 17(a) and clause 17(b), we will not be liable under the Contract for any loss of income, loss of profits, loss of Contracts, loss of data or for any indirect or consequential, punitive or exemplary loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of Contract or otherwise.
17(d) Subject to clause 17(a), clause 17(b) and clause 17 (c), our maximum aggregate liability under the Contract whether in Contract, tort (including negligence) or otherwise will not exceed the amount payable by the You to us respect of the relevant Goods.
19. Unforeseen Events
Avsion may cancel or suspend delivery of any ordered Goods in the event of any delay or non-performance due directly or indirectly to war, terrorism, strike, lockout, delay or default of a manufacturer or supplier, act of God, or any other cause beyond our reasonable control.
20. Contract of Sale
These Terms together with your order constitute the entire Contract between You and us for the supply of Goods.
21. Goods and Services Tax
In these Terms, “GST”, “supply”, “taxable supply” and “tax invoice” have the meaning given to such Terms in the A New Tax System (Goods and Services) Tax Act 1999 (Cth) and the term “GST” also includes any penalties or additional tax imposed in relation to the GST payable on the supply of Goods. Any amount payable under these Terms is inclusive of GST if there is a taxable supply.
If the amount of GST applicable to a sale made to You differs from the amount of GST You have paid for the Goods, then the amount of GST payable by You will be adjusted either by further payment by You or repayment by Avsion to You of the amount of the adjustment.
The Contract cannot be varied unless Avsion agrees in writing with You to vary it.
PURCHASING ONSITE SERVICES FROM US
You agree to acquire (“Onsite Services”) described below from Avsion in accordance with:
- the Website booking form completed by You or on your behalf;
- these Terms; and
On-Site Services involve our Avsion Installation Experts visiting You at your home or other location requested by You (“Premises”) to provide agreed services to You. When we visit your Premises, You must acknowledge that You have read and understood these Terms before we will proceed with the provision of these services.
24. Provision of Onsite Services
You agree that Avsion will provide the Onsite Services to You at your Premises including (but not limited to) the delivery and/or connection of certain audio and visual equipment and/or the delivery and/or installation of certain insulation materials (collectively “Equipment”). Avsion may also sell You certain associated products (“Ancillary Products”).
- provide Avsion with full and safe access to the premises,
- ensure that a person over the age of 18 is present at that time,
- provide Avsion Installation Experts with a safe working environment and electrical power where required, and
- allow Avsion Installation Experts to drill holes, physically connect and/or install the Equipment to walls and ceilings, and conceal cables in cavities (provided Avsion has discussed the same with You first).
25. Right to Change Onsite Services Details
Avsion reserves the right to change details of the provision of Onsite Services and Ancillary Products from time to time by notice to You, including without limitation the times and dates on which same will be provided. If You have any concerns in this regard, You should contact Avsion’s Customer Care on Tel 0411 158171.
26. Right Not to Provide Onsite Services
Avsion reserves the right to not provide the Onsite Services if, in our reasonable opinion:
- You have not complied with your obligations,
- Your technical needs, or the state of the premises, are such that it is impractical to provide the Onsite Services,
- the Avsion Installation Experts is concerned for his or her safety, or
- anything occurs beyond our reasonable control which prevents or hinders us from providing the Onsite Services.
27. Payment for Onsite Services, Ancillary Products and Equipment
Unless otherwise specified, You must pay for the Onsite Services and Ancillary Products prior to the provision of same. Payment for Onsite Services must be made at the time You complete the Avsion booking Application Form by a method of payment approved by Avsion or, in the case of Ancillary Products, at the time Avsion provides them to You. This amount is not refundable, except in circumstances where:
- You have a lawful right to terminate as set out in this agreement; or
- Avsion has lawfully terminated the provision of the Onsite Services;
- and then only in relation to so much of the Onsite Services or Ancillary Products that have not then been supplied.
28. Cancelling Onsite Services
For the avoidance of doubt, no moneys will be refunded if You cancel the provision of Onsite Services without cause after acceptance of these Terms and completion of the Avsion Booking Application.
29. Title and Risk
The title to any Ancillary Product does not pass from Avsion to You until we have received payment in full. All risk in any Equipment or Ancillary Products passes to You upon its delivery to the premises.
30. Our Liability to You
To the full extent permitted by law, we expressly exclude all warranties, conditions, guarantees and representations (whether express or implied) under statute, law, equity, trade custom, prior dealings or otherwise in respect of Goods and/or services that may be provided by us to You under this agreement;
To the full extent permitted by law, our sole liability to You in respect of direct loss arising from the Onsite Services and Ancillary Products is limited to the amount of the fees and charges paid by You to Avsion for the particular service or product the subject of our liability Some warranties and guarantees are implied by law, and cannot be excluded except to a limited extent. To the extent we can limit such liability; we limit our liability to (at our election):
- in the case of Goods, at our election:
- the cost of replacement of the Goods,
- the supply of equivalent Goods,
Avsion – ABN 80 131 787 114