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Return Policy
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Details
Conditions of Sale
1. General
All orders for products ("Products") or services ("Services") will be accepted by Embroidery Machinery Sales & Service Pty Limited ("EMSS") subject to these terms and conditions. Any person ("Customer") who places orders for Products or Services with EMSS is bound by these terms and conditions.
No other terms or conditions will apply to the supply of Products and Services by EMSS unless they are accepted in writing by EMSS.
All descriptions and illustrations of the Products and Services contained in the EMSS pricing catalogue ("Catalogue") or otherwise communicated to the Customer are approximate only, and shall not form part of these terms and conditions. Although EMSS endeavours to ensure information in the Catalogue is correct at the time of going to print, this cannot be guaranteed.
EMSS reserves the right to amend these terms and conditions at any time. The most current version of these terms and conditions may be found at the EMSS website on www.emss.com.au
2. Prices
The prices of Products and Services set out in the Catalogue are current as at the date of the Catalogue. EMSS reserves the right to change the price of any Product or Service at any time. Non-Catalogue Products will be sold at the prices set out in the relevant quotation supplied by EMSS.
All prices specified by EMSS in the Catalogue exclude GST and the Customer must pay any applicable GST in addition to the price specified.
3. Ordering
EMSS reserves the right to decline to trade with any company or person. In addition, EMSS may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by facsimile, email or telephone. If EMSS declines to accept an order where payment has been received, EMSS will refund the payment.
EMSS executes orders to the Customer's requirements, and will not substitute an ordered Product for another Product unless the Customer has so requested or the ordered Product has been superseded.
Written confirmation of telephone orders is not required, unless the Customer collects an order from one of EMSS' Branch Offices in which case the Customer must complete a properly authorised written order at the Branch Office.
4. Delivery
All shipping prices on the website are for shipping within Australia only. All Products are delivered by courier (very small orders may by sent by Express Post) and will normally only be delivered to the Customer's specified address as notified to EMSS. Next day dispatch is normally achieved, except in the case of hazardous Products (which require special road freight, at additional cost), Products which are supplied with a Calibration certificate, and non-Catalogue Products. These Products will take longer to be dispatched and delivered. Same day dispatch will not be achieved unless orders are received prior to 6.00p.m. (AEST) Mondays to Fridays.
5. Express Courier Delivery
This service is available for same day delivery at additional cost, which will be calculated at a rate per kilometre to be quoted at the time of order. The service is only available in the metropolitan areas of States where EMSS has Branch Offices and is limited to Products held at the relevant Branch Office.
If an express courier delivery is not made or is late, then, except where any such non-delivery or late delivery resulted from an event beyond the reasonable control of EMSS or its delivery service provider, and provided the Customer can prove late delivery or non-delivery, EMSS will refund the total courier delivery charge. This is the Customer's exclusive remedy for non-delivery or late delivery of 'Express Courier Delivery' orders.
6. Inspection, Transit Delays and Non-delivery
The Customer must inspect all orders and Products supplied as soon as is reasonably possible after delivery and shall, within 7 days of delivery, give written notice to EMSS of the following:
(i) Any defect in a Product that is apparent on reasonable examination. In this case EMSS shall, at EMSS's discretion, replace the Product or refund the purchase price in accordance with the Warranty condition. The Customer must refuse parcels delivered in a damaged condition.
(ii) Any shortfall in Products delivered. In this case EMSS shall, at its discretion, deliver the undelivered Products or refund the price of the undelivered Products.
(iii) Any delivery of Products not in accordance with the order. In this case EMSS shall, at EMSS's discretion, replace the Products or refund the purchase price.
If the Customer fails to give any such notice, the Customer will be deemed to have accepted the relevant order as being delivered in accordance with the Customer's instructions and to have accepted the Products as being free from all apparent defects.
The remedies set out above are the Customer's exclusive remedies for non-delivery, late delivery or short delivery of Products, apparent defects in ordered Products, or delivery of Products not in accordance with the order. EMSS shall not be liable for any other losses, consequential or otherwise.
7. Payment
If EMSS has not granted credit to the Customer, payment terms are cash with order.
Credit terms (subject to satisfactory references) are available. If credit has been granted, the Customer must pay the price by the 30th day of month following the month in which the relevant order is dispatched.
The Customer may use MasterCard, Visa, Bankcard or American Express credit cards or any other credit card EMSS chooses to accept, subject to authorisation. Any subsequent refund of orders paid for by credit card will be made to the relevant credit card account. Cheques and postal orders must be made out to EMSS Components Pty Limited and crossed.
If any sum is not paid on the due date for payment:
(i) All sums then outstanding from the Customer will immediately become due and payable notwithstanding that such sums would not otherwise be due until a later date; and
(ii) The Customer will be liable to pay all expenses and legal costs incurred by RS in relation to obtaining or seeking to obtain an appropriate remedy.
All payments must be made without any set-off, deduction or counterclaim.
8. Passing of Risk and Property
Risk of loss of or damage to ordered Products shall pass to the Customer at the time of delivery. However, title to and property in the Products shall not pass to the Customer until all sums due or owing to EMSS by the Customer on any account have been paid, and until payment the following provisions shall apply:
(i) Except where full payment is made in cash, the whole of the price shall not be treated as paid until any cheque or other instrument of payment given by the Customer has been met on presentation or otherwise honoured in accordance with its terms.
(ii) If the Customer defaults in the punctual payments of any sum owing to EMSS, then EMSS shall be entitled to the immediate return of all Products sold by EMSS to the Customer in which the property has not passed to the Customer.
(iii) The Customer hereby irrevocably authorises EMSS and its employees and agents to recover the Products and to enter any premises of the Customer for that purpose.
(iv) Demand for or recovery of the Products by EMSS shall not of itself discharge either the Customer's liability to pay the whole of the price and take delivery of the Products or EMSS's right to sue for the whole of the price.
9. Product and Availability Information
EMSS reserves the right to discontinue any Product or to change its design at any time.
Unless otherwise confirmed, nothing in the Catalogue is to be taken as a representation of the source of origin, manufacture, or production of any Products or any part thereof.
10. Warranty
For Products: EMSS warrants that if any Product is defective, it will, at its option, replace or repair the product or refund the purchase price. This warranty is subject to a claim being made in writing to EMSS within 12 months of the original date of despatch of the Product, or such other longer period as may be indicated by EMSS for specific products from time to time.
For Services (as referred to in clause 14): EMSS warrants that if any Service is defective, it will, at its option, either rectify the Service or supply to the Customer free of charge a substitute Product in place of the defectively serviced Product. This warranty is subject to a claim being made in writing to EMSS within 12 months of the date of the invoice, or such other periods as may be indicated by EMSS for specific Products from time to time.
These warranties shall not apply to any defect which arises from improper use, failure to follow the product instructions, or any repair or modification made without the consent of EMSS. The Customer must return or dispose of the Products, or make them available for collection by EMSS, in accordance with EMSS's instructions. If returned they must be suitably packaged and, where relevant, returned in accordance with any particular instructions which EMSS may have notified to the Customer at the time of supply.
Returned Products or parts must be accompanied by an advice note stating the original invoice number in respect of the Products and the nature of any claimed defect, together with such further information as EMSS may at the time of supply have stipulated. Where the Customer returns Products otherwise than in accordance with these warranty provisions, EMSS may refuse such Products and return them to the Customer at the cost of the Customer.
Any Products or parts which are replaced by EMSS shall become the property of EMSS. Title to replacement Products shall pass to the Customer on delivery, and the period of the replacement Product's warranty shall be calculated from the date of despatch of the defective Product.
The remedies set out above shall be EMSS's sole liability and the Customer's sole remedy for any breach of warranty. Save as expressly provided in these terms and conditions of sale, all implied warranties, terms and conditions (whether statutory or otherwise) are excluded to the fullest extent permitted by law. EMSS will not be liable to the Customer for any loss of any kind whatsoever which arises out of the breach of implied warranties, terms or conditions (statutory or otherwise) or breach of any other duty of any kind imposed on EMSS by operation of law. The Customer acknowledges that it is responsible for ensuring that the Products and Services it orders are fit for the purposes for which it intends to use them.
11. Liability
Decisions for the use of Products and Services remain the responsibility of the Customer and involve subjective knowledge, which the Customer acknowledges is not available to EMSS. The Customer also acknowledges that it has not relied on any information or advice given by EMSS in relation to any Products and Services and that EMSS is not liable for damage, loss or expense resulting from the failure to give advice or information or the giving of incorrect advice or information (including, without limitation, advice or information given or not given by or through the EMSS Technical Support facility) whether or not due to EMSS's negligence or that of its employees, agents or sub-contractors.
In no event shall any breach:
i. of these terms and conditions or any implied warranties, terms and conditions (whether statutory or otherwise); or
ii. of any other duty of any kind imposed on EMSS by law arising out of or in relation to the sale of Products or Services,
give rise to any liability for punitive damages, or damages for loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage arising from any cause.
EMSS's liability (if any) to the Customer for all claims relating to breaches of these terms and conditions or any implied warranties, terms and conditions (whether statutory or otherwise), or any other duty of any kind imposed on EMSS by law arising out of or in relation to the supply of Products or Services or in respect of any defect in the Products or Services, shall be further limited in the aggregate to $500,000.
12. Returns of Products Policy
The Customer may only return Products to EMSS, and receive a credit or refund, on the following conditions:
i. The Customer must return Products to EMSS in their original condition and in their original packaging within 14 days of the delivery date stated on the delivery documentation, and must specify the relevant invoice number.
ii. The Customer must contact EMSS on (02) 9690 7277 to obtain a return material authority number (RMA).
iii. Where specific instructions appear in the Catalogue in respect of the return of any Product, the Customer must follow those instructions.
iv. All items affixed or incorporated into the Product by the Customer must be removed from the Product prior to its return to EMSS.
v. All Products are returned to EMSS at the Customer's risk, and EMSS accepts no responsibility for any loss or damage to them or any items received by EMSS with them.
vi. Products must be adequately packed and dispatched freight prepaid, clearly labelled (including the return material authority number (RMA#), to the closest Branch Office or to EMSS SALES DEPARTMENT, 146 Botany Road, Alexandria, NSW 2015.
Products accepted for return will be credited at invoice value. EMSS, however, reserves the right to apply a handling charge of 20% of invoice value or $ 25.00, whichever is higher.
13. Order Cancellations
The Customer may not cancel orders once accepted by EMSS. Any cancellation (or part cancellation) of an order will only be accepted on EMSS' written consent and the Customer must indemnify EMSS in respect of any expense incurred by EMSS relating to the cancellation of any order. In the event of part cancellation of orders based on bulk quantity pricing, EMSS may invoice the Customer for the difference between the price for the bulk quantity and the standard pricing if the cancellation results in the order being classified as a 'non-bulk' order.
14. Services
EMSS offers the following Services in respect of the Products: (A) Repairs and (B) Calibration. The turnaround target in respect of these Services is 15 working days from receipt by EMSS to dispatch, but EMSS shall be under no liability if it fails to comply with this target. Where specific instructions appear in the Catalogue against any Product regarding its return to EMSS, the Customer must follow such instructions. The risk in the Products transfers to EMSS on delivery to EMSS and returns to the Customer on re-delivery to the Customer. The conditions which apply to these Services are set out below.
A. Repair Conditions
The repair Service is offered in relation to the Products marked in the Catalogue. The Repair Service is subject to availability of parts and is only available if the Product has not suffered excessive physical or electrical damage and is free from modifications (other than modifications detailed in the literature supplied with the Product). Any instructions set out in the repair information / questionnaire supplied with the Product must be complied with. EMSS may at its absolute discretion either repair the Product or replace it with a substitute Product.
Any Customer-generated software returned with a Product will be erased or otherwise destroyed on receipt and EMSS shall not be under any liability whatsoever for any loss of software or any data contained in such software.
B. Calibration Conditions
The Calibration Service is offered in relation to the Products marked in the Catalogue. EMSS also offers NATA certification for these Products.
EMSS will check the Products for compliance with the published specification at appropriate points, using working standards which are periodically verified and which are traceable to National Standards. EMSS will issue a dated and signed certificate of testing, which gives details of the measurements made. If EMSS has to carry out more than the minor adjustments appropriate to a normal recalibration routine, EMSS will either return the Product to the Customer or, on receipt of the appropriate order, will repair the Product subject to EMSS' Repair Service conditions, before further Calibration. In this case, the Repair Service charge will be payable by the Customer in addition to the Calibration Service charge.
15. Copyright
The Customer acknowledges that EMSS owns the copyright in the Catalogue, and that its whole or partial reproduction without EMSS's prior written consent is prohibited.
16. Force Majeure
EMSS will not be in breach of its contract with the Customer for any delay in performing, or failure to perform, its obligations under these terms and conditions if that delay or failure was due to any cause or circumstance beyond EMSS's reasonable control or by its inability to procure Services, materials or articles required for the performance of its obligations under these terms and conditions except at enhanced prices. In these circumstances, EMSS may at its sole option delay the performance of, or cancel the whole or any part of, an order without liability to the Customer. In particular, although EMSS will use all reasonable endeavours to deliver back orders by the date stated by EMSS, EMSS shall not be held responsible for any delay in the delivery of, or inability to deliver, such orders.
17. Privacy and Customer Information
EMSS may collect personal information about the Customer or its employees for the purpose of providing the services requested by the Customer and administering its relationship with the Customer. If this personal information is not provided then EMSS may not be able to provide the services requested.
EMSS is part of an Group of companies known as Pongrass Group. The Customer acknowledges that EMSS may disclose personal information about the Customer or its employees to other members in this Group of companies. Any member of this Group may keep and use personal details of the Customer and its employees for the purposes of providing services to the Customer, as requested by the Customer. EMSS, or any other member of the Group, may need to disclose, on a confidential basis, the Customer's and its employees' details to organisations working on behalf of EMSS anywhere in the world (for example, credit reference agencies; organisations who manage our IT systems; mailing houses and call centres). In addition, EMSS may disclose personal information where required or authorised by law or if the individual to whom the information relates consents.
Any individual can request access to the personal information which EMSS holds about them at any time by calling (02) 9690 7277 or via fax on (02) 9690 7288. The Customer must inform all of its employees who are to have dealings with EMSS of the provisions of this condition.
EMSS may send to the Customer and its employee's details of other Products and Services offered by the Group that may interest the Customer. If the Customer or its employees do not wish to receive details of these other offers or wish to amend or correct their details, then they should contact the EMSS Marketing Department either in writing at PO Box 581, Alexandria NSW 1435, by fax on (02) 9690 7288, by telephone on (02) 9690 7277 or by email on sales@emss.com.au.
The Customer consents to EMSS disclosing the Customer's name to certain of EMSS suppliers for market research and commission purposes.
18. Choice of Law and Jurisdiction
Any contract between EMSS and the Customer for the supply of Products or Services shall be governed by and interpreted in accordance with the law of Australia. Each party submits to the non-exclusive jurisdiction of the courts of Australia. However, EMSS may enforce the contract in any court of competent jurisdiction.
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