In this Agreement,
means any person who places an Order with Tynor Australia Pty Ltd;
means any items sold or supplied by Tynor Australia Pty Ltd under an Order;
means Tynor Australia Pty Ltd (ACN 632 237 346) of 6 Babiana Link Piara Waters, WA 6112;
means any request or order to purchase the Goods, and;
refers to the Customer and Tynor Australia.
1.1 This Agreement is the only form of contract between the Parties and any Customer terms and conditions will not apply unless expressly agreed in writing. By submitting an Order, whether through Tynor Australia website or through one of its catalogues, stores or call centre, the Customer agrees to apply the terms and conditions of this Agreement in priority over any other agreement between the Parties except previously agreed Tynor Australia Credit Account terms and conditions which, where conflict arises, take precedence over this Agreement.
1.2 Any Order is subject to acceptance by Tynor Australia. Tynor Australia is not obliged to accept any Order or to justify refusal of the same. Receipt of payment for Goods by Tynor Australia does not in itself constitute acceptance by Tynor Australia of the Order.
1.3 Tynor Australia may vary the terms and conditions of this Agreement from time to time by publishing new terms and conditions on the Tynor Australia website or catalogue.
2.1 Descriptions and specifications for the Goods are set out on the Tynor Australia website at the time of the Order or the Tynor Australia catalogue from which the Order is placed provided the catalogue is current at the time of the Order.
2.2 If any Goods are unavailable or out of stock then Tynor Australia may cancel the Order in whole or in part and refund any monies paid, issue a credit note or otherwise vary the Order with the Customer's approval.
3.1 Current prices for Goods are available on the Tynor Australia website or its latest catalogue. Prices may change from time to time. Occasionally, there may be a difference in price between the Tynor Australia website and its catalogue. Tynor Australia is under no obligation to honour a website price if the Order is placed through the catalogue. Tynor Australia is under no obligation to honour prices advertised in old catalogues. A delivery and/or insurance charge may be payable in addition to the price of the Goods which will be notified to the Customer before the Customer submits the Order. All prices are quoted in Australian Dollars.
3.2 Unless otherwise stated, all prices quoted exclude GST. GST will be charged in accordance with the relevant regulations in force at the time of the Order.
3.3 Occasionally an error may cause the price published or advertised for Goods to be incorrect, in which case Tynor Australia will be under no obligation to honour the incorrect price.
3.4 Payment for Goods and Delivery may be made by any of the options listed on the Tynor Australia website or catalogue, depending on the method of placing the Order. Bank/Electronic Fund Transfers must include the Order reference number as a payment reference and be made to:
Account Name: Tynor Australia Pty Ltd
Account Number: 769471119
3.5 Tynor Australia reserves the right to charge interest on late or overdue payments by the Customer.
3.6 All Orders may be subject to further credit or security checks.
4.1 Full delivery prices and options are listed on the Tynor Australia website or catalogue and are subject to change from time to time.
4.2 Certain large, heavy or bulky items and deliveries to offshore/remote deliveries (including Tasmania) will attract higher delivery prices and delivery times will be longer, depending on the delivery location. Delivery prices and times for these items will be discussed for confirmation with the Customer after an Order has been placed.
4.4 Tynor Australia will use reasonable endeavours to ensure its delivery agents meet delivery estimates. However Tynor Australia cannot be held liable for any delay in delivery.
4.5 Risk in the Goods transfers to the Customer at the time of delivery but title will not pass until payment has been made in full for the Goods in question. Customers are advised to notify Tynor Australia immediately if Goods are delivered in damaged or soiled packaging.
4.6 Goods delivered are used, stored and installed at the Customer's own risk and Tynor Australia will not be liable for any damage, loss or disruption caused by the same unless caused by Tynor Australia's negligence. Where installation/disconnection services have been ordered by the Customer, further charges, terms and conditions may apply as communicated by Tynor Australia to the Customer before delivery.
4.7 The delivery person/driver may at his/her discretion assist with delivering the Goods to a location within the premises nominated by the Customer, at the Customer's sole risk.
4.8 If (i) the Customer will not or does not accept delivery when the Goods are ready for delivery or (ii) Tynor Australia or its agent cannot effect delivery because Tynor Australia or its agent considers at the time of delivery that delivery would be hazardous or would be contrary to their policies, industry practice or statutory requirements or (iii) because the Customer has not provided Tynor Australia with appropriate instructions, documents, licences or authorisations to properly, legally and safely effect delivery of the Goods, risk in the Goods passes to the Customer, the Goods will be deemed delivered, and Tynor Australia may store the Goods until actual delivery, in which case, the Customer will be liable to Tynor Australia for all related costs, such as re-delivery charges, storage and insurance.
5.1 Goods delivered may be returned for a refund, exchange or replacement within 30 days provided they are returned unused, in a saleable condition and in their original packaging. Items may be subject to a 15% restocking fee. Certain Goods cannot be returned for hygiene purposes. Certain last-in-line or special-to-order Goods may also be non-returnable. Those Goods will be flagged accordingly on the Tynor Australia website or catalogue. The cost of returns may be refunded in whole or in part to the Customer at Tynor Australia's discretion.
5.2 Goods that are damaged on delivery must be reported to Tynor Australia within 24 hours. Large Goods must be visually inspected by the Customer on delivery for damage and an acceptance of delivery docket completed noting any damage that resulted from delivery. Goods that are missing, delivered faulty or defective by Tynor Australia may be replaced, repaired, refunded or exchanged at Tynor Australia's discretion provided Tynor Australia is informed in writing within 28 days. Certain Goods may be disposed of in accordance with Tynor Australia safety instructions for replacement, refund or exchange with Tynor Australia's prior approval.
5.3 Clauses 5.1 and 5.2 above do not apply to any defect in the Goods caused by the fault, negligence or failure of the Customer to adhere to manufacturer instructions. Engineer call-outs and repairs carried out on non-warranty faults or defects may be subject to further charges. No Goods will be sold on a 'sale or return' basis without the prior written approval of Tynor Australia.
5.4 Statutory rights for Customers placing Orders under $40,000 as private consumers for personal, domestic or household use (as defined by law) are not affected.
For more information about returns, click here.
6.1 Tynor Australia reserves the right, by notice to the Customer, to cancel or suspend any Order where payment has not been received in accordance with clause 3 above.
6.2 Tynor Australia reserves the right to terminate this Agreement if the Customer cannot pay its debts or becomes bankrupt or has a winding-up order made or an administrator, liquidator, receiver or similar is appointed over the whole or a substantial part of the assets and undertaking of the Customer.
6.3 Tynor Australia reserves the right to suspend or terminate performance of this Agreement where delivery or supply of the Goods and/or performance of this Agreement is affected by reasons out of Tynor Australia's reasonable control such as force majeure, act of God, adverse weather and government intervention, sanction or legislation.
7.1 The Customer agrees that Tynor Australia will not be liable for any losses or damage suffered by the Customer including but not limited to loss of business, business interruption or loss of time, due to the use or purchase of the Goods by the Customer.
7.2 Goods sold are not insured for delivery unless confirmed as insured by Tynor Australia on acceptance of the Order.
8.1 Goods sold or supplied by Tynor Australia may be subject to copyright (whether owned by Tynor Australia or a third party) and the Customer covenants not to breach, infringe or prejudice any intellectual property and copyright associated with the Goods without approval. The Customer agrees to indemnify and hold Tynor Australia harmless for any breach of said covenant.
9.1 This Agreement is governed by the law of Western Australia and the Parties submit to the non-exclusive jurisdiction of the courts of Western Australia.
9.2 Any right or obligation contained in this Agreement will be distinct and severable and if one or more of the same are declared invalid, illegal, void or unenforceable then the remainder will continue in force and effect to the fullest extent permissible by law.