Appliance Terms and Conditions
In these Terms and Conditions of Sale (“Conditions of Sale”), “we” or “us” means Elgas Limited ABN 85 002 749 260 and “you” means the person, organisation or entity that purchased the products or related services from us.
Please read through these Conditions of Sale carefully as they form the agreement under which we will supply products and services to you. These Conditions of Sale apply to all sales made by us to consumers whether products and services are purchased online or over the telephone. We will receive payment from you for the supply of products and your tax invoice for these products will come directly from us. If you are paying for these products by credit or debit cards, you consent to us disclosing your credit or debit card information for the purpose of obtaining payment for the products. Delivery for most of these products will be to your local branch.
1.1 You may place an order with us over the telephone or by completing and submitting to us an online order form on our website. We may at our discretion accept or reject an order depending on a variety of factors, such as availability of the ordered products or our ability to validate payment for the products. You must not order products or services from us if you are under eighteen (18) years of age. We may, at our discretion, treat any order by a person under eighteen (18) years old as void.
1.2 Please choose your products carefully. Prices can change and so you should check the latest price on our website or confirm the price with our sales team on the phone before placing your order. It is your responsibility to check the order (including all pricing and product information) before you complete the online checkout process or before you place your telephone order.
1.3 We will let you have an “order reference number” via a confirmation email or over the phone once your checkout process or phone order is complete. However, if you are paying by credit card, debit card or EFTPOS, we will not complete your order until your payment has passed our internal validation procedures .Once your payment has been validated, we will process your order and let you have an order reference number. Please keep your order reference number safely.
1.4 Once we have given you an order reference number, a binding agreement will come into existence between you and us and only these Conditions of Sale will apply in relation to the supply of the ordered products. Subject to clause 2, no changes to these Conditions of Sale will be effective unless we both agree to the changes in writing. If you wish to cancel your order we ask that you advise us at least one (1) business day before your planned delivery date and you will receive a full refund subject to these Conditions of Sale.
2.1 We do our best to keep in stock most products that are advertised by us. All stock availability as represented on our website or by our sales or Customer Service Team is accurate in accordance with our current stock levels, however, these stock levels are subject to change without notice.
2.2 If, for any reason, we cannot supply a product you have ordered, we will let you know over the phone or contact you using the details provided by you at the checkout process to amend, cancel or put your order on backorder as agreed with you. If you choose to put your order on backorder, we will contact you to arrange for delivery once the product is available.
3. Price and Payment
3.1 The price payable for a product is the one set out on our website or advised by us over the phone at the time you place your order. All prices are inclusive of GST. Subject to clause 9.6, we make every effort to ensure prices and product information on our website, catalogues or advertisements are correct and up-to-date. Prices for our products displayed on third party websites may not be correct and we are not bound by them.
3.2 We accept payment by VISA, MasterCard credit cards.
3.3 Your credit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Whilst we employ the latest technology and use Westpac’s secure payment gateway, we will not be responsible for any loss or damage (whether direct or indirect) suffered by you if your credit card is fraudulently used or is used in an unauthorised manner by a third party.
3.6 Your tax invoice will be sent to you when the items you have ordered are delivered. Your tax invoice is your proof of purchase and may be required for any warranty claims.
4.1 We offer free delivery for most of our products. If you are not eligible for free delivery, a delivery fee may apply. We deliver to most areas in mainland Australia, local branches can be identified on the website – www.elgas.com.au. Please contact our Customer Service Team to discuss delivery options.
4.2 You may request a date for delivery and we will do our best to arrange delivery on that date. However, some delivery areas have set delivery days. If we cannot deliver on your preferred day we will contact you as soon as possible.
4.5 Subject to this clause 4, we will deliver to the delivery address specified by you when you placed your order on the agreed delivery date.
4.6 We may deliver the products via a range of delivery methods. All deliveries must be signed for, depending upon which delivery method we use:
8. Title and Risk
8.1 Notwithstanding delivery of the products to you, title in the products will not pass to you until the later of delivery or your payment has been processed or otherwise received by us. If your payment is declined for any reason we reserve the right to reclaim the products from your possession, custody or control even if they have been delivered to you or moved from the delivery address. We reserve the right to keep or sell the products. Risk of loss, damage or deterioration to any products will pass to you on delivery.
8.2 You acknowledge and agree that clause 8.1 creates a purchase money security interest in the products which we are entitled to register as such under the Personal Properties Securities Act 2009 (Cth) (“PPSA”). To the extent permitted under the PPSA, we each agree to contract out of the provisions listed in section 115 of the PPSA. You waive your right to be provided with verification statements under section 157 of the PPSA. We agree that neither of us will disclose to any third person information referred to in section 275(1) of the PPSA and that this is a confidentiality agreement for the purposes of section 275(6) of the PPSA.
9. Warranties and Limitation of Liabilities
9.1 Nothing in these Conditions of Sale limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (“ACL”) (or any liability under them) which by law may not be limited or excluded. If you are a “consumer” under the ACL, the following notice applies to you:
“Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (“Consumer Guarantees”). You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are 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.”
9.2 Your product may come with a manufacturer’s warranty. The manufacturer’s warranty is in addition to but may overlap with any rights and remedies you may have under applicable law, including any Consumer Guarantees. If you are not considered a “consumer” within the meaning of the ACL, the manufacturer’s warranty may be your sole remedy. However, you should check the manufacturer’s warranty carefully as many manufacturers’ warranties will not apply in a business or commercial setting. If you would like to make a claim under the manufacturer’s warranty, please contact our Customer Service Team. Please refer to clause 11 if you need to arrange for returning the goods to us.
9.4 Subject to this clause 9, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Conditions of Sale are excluded;
(b) we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, damage to goodwill, loss of data (including loss of data stored on any media contained within electronic or computing products), arising out of or in connection with the products, the services or these Conditions of Sale (including as a result of not being able to use the products or services or the late supply of products or services), or the need to recover, re-program or reproduce any program or data stored in or used with the products purchased from us, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise; and
(c) our total liability arising out of or in connection with the products, the services or these Conditions of Sale, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products and services under these Conditions of Sale.
9.5 Where by law we are unable to exclude terms, guarantees, warranties, representations or conditions but are able to limit them, to the extent permissible by law we limit our liability for any breach, at our option, to the repair or replacement of products, or payment of the cost of repairing or replacing the products or in the case of services, to supplying the services again or the cost of having the services supplied again.
9.6 To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance or offer, invoice or other documents or information issued by us will be subject to correction without any liability on our part.
11. Returns and Refunds
11.1 In addition to your rights under clause 9, we will gladly accept return of products and issue refunds:
(a) if your product remains boxed and unopened you may contact our Customer Service Team within 14 days of delivery to arrange for it to be collected and receive a full refund;
Subject to clause 9, we will not accept for return any product that has been used or installed or where you have attempted to install it, or if your product is custom-made or is a special buy product.
11.2 If your product is eligible for return pursuant to clause 9, please contact our Customer Service Team to arrange for return.
11.3 The product must be returned unopened as it was delivered.
11.4 Shipping and handling charges are not refundable. A restocking fee of 15% of the invoice price will apply.
11.5 If you are entitled to a refund, we will only give you the refund at the discretion of the local manager, once we have received the product at our premises and inspected it and assessed whether it is eligible for a refund under these Conditions of Sale. Any refund we make will be by cheque in 10 working days following successful product inspection.
type rather than being repaired. Refurbished parts may be used to repair the goods.
13. Force Majeure
13.1 We will not be liable for any delay or failure to perform our obligations under these Conditions of Sale if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 3 months, we may terminate our agreement with you by giving you 5 business days’ written notice.
14.1 These Conditions of Sale form the entire agreement between you and us and, unless expressly agreed to in writing by us no terms or conditions of yours, including any Terms or Conditions printed or referred to in your offer to purchase or order (if any) will be binding on us or have any legal effect.
14.2 We may change any provision in these Conditions of Sale without notice so we advise that, even if you are a frequent purchaser from us, you check these Conditions of Sale whenever you want to purchase products from us. Any change of these Conditions of Sale will only apply to future orders. None of our agents or employees or any third parties have any authority to change these Conditions of Sale.
14.3 We reserve the right to refuse supply of the products or services ordered by you, terminate our contract with you or terminate your account with us, and to remove or edit content on our website at our sole discretion and without incurring any liability to you.
14.4 You must not assign any rights and obligations under these Conditions of Sale whether in whole or in part without our prior written consent.
14.5 Any notice in connection with these Conditions of Sale will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.
14.6 If any provision of these Conditions of Sale is invalid, illegal or unenforceable, these Conditions of Sale take effect (where possible) as if they did not include that provision.
14.8 Any failure by a party to insist upon strict performance by the other of any provision in these Conditions of Sale will not be taken to be a waiver of any existing or future rights in relation to the provision.
14.9 These Conditions of Sale are governed by the laws of New South Wales, Australia. The parties each agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
If you need to contact us for any reason, please do so using the contacting our customer service team on 131 161.