1. General

The whole of the agreement between Edisons Box Pty Ltd ABN 93 654 702 502 (“Edisons Box”) and the Applicant referred to in the Transaction (“Customer”) are those set out in these Terms and Conditions and those, if any, which are implied and which cannot be excluded by Law (“Terms”). Any other contractual terms of the Customer (whether upon the Customer’s order or elsewhere) which are contrary to or inconsistent with these Terms, shall not apply nor shall they constitute a counter-offer. By receiving delivery of all or a portion of the Goods, the Customer shall be deemed to have accepted their Terms and to have agreed that they shall apply to the exclusion of all others. All goods are charged at the price ruling at the date of invoice and any Goods and Services Tax will be included within the price. Edisons Box reserves the right to vary prices without notice at any time. All quotations are subject to withdrawal of change at any time without notice.

2. Cancellations, Returns & Credit Claims

2.1 Cancellations – No cancellations or partial cancellation of an order, where the goods to be supplied are “special or project items” shall be accepted by Edisons Box unless it has first agreed in writing to such cancellation or partial cancellation.

2.2 Short Deliveries – All claims made against short deliveries must be made in writing within 7days of delivery, no claims for short delivery will be recognised after this time. The purchaser shall be responsible insuring that the total number of cartons delivery corresponds exactly with the courier’s consignment note. Edisons Box will not be responsible for any such short deliveries.

2.3 Faulty Goods – All goods claimed as being faulty and returned within 12 months of date of invoice shall be either repaired or replaced at the sole discretion of Edisons Box. The faulty goods must be sent to PO Box 664 Matraville, NSW, 2036, unless otherwise agreed. Edisons Box will bear the shipping cost where faulty items are being returned.

2.4 Credit Claims – Edisons Box reserves the right in its sole discretion whether to accept or reject any credit claim, if any credit claim is accepted, the products will need to be returned in their original packaging and invoice numbers which those goods relate, must be provided before such claims can be accepted along with a GRA number issued by Edisons Box.

2.5 Pricing – All claims made against incorrect prices must be made in writing within 30 days of delivery, no claims for incorrect pricing will be recognised after this time. The purchaser is responsible for checking the invoice within the 30day time frame.

2.6 Goods Not Required – Goods ordered in error, or not required will incur a 25% Re-stocking fee. The purchaser shall also be liable for freight on costs and damages that may occur. Where goods supplied are deemed as “specials, project or discontinued” no return will be accepted.

2.7 Sample Items Returned – All goods/items supplied as samples if returned, will incur a 10% handling fee, the purchaser is also liable for freight on costs & any damages that may occur. Goods claimed as samples will only be accepted if the original purchase order confirms that the goods were required as samples. Any products with colour or physical modifications are classified as “specials” and cannot be returned.

3. Warranties

No warranties except those implied and which cannot be excluded by law are given by Edisons Box in respect of Goods or services supplied. Edisons Box in its absolute discretion provides a 12-month warranty from the date of purchase or supply to the first on-user. Any breach of condition or warranty is limited to the repair or replacement of the Goods, the supply of equivalent Goods, as determined by Edisons Box.

The above warranty is in addition to the warranties and conditions implied by the Competition and Consumer Act 2010 (Cth) to the extent that such implied warranties and condition incapable of being excluded here from. All other warranties and conditions are hereby expressly excluded.

4. Legal Construction

These terms shall be governed and interpreted according to the laws of NSW and Edisons Box and the Customer consent and submit to the jurisdiction of the courts of NSW. Notwithstanding that any provision of the terms may prove to be illegal or unenforceable pursuant to any statute or rule of law or for any other reason that provision is deemed omitted without affecting the legality of the remaining provisions and the remaining provisions of the terms shall continue in full force and effect.

5. Waiver or Alteration

No waiver or alteration of these conditions shall be binding on Edisons Box unless assented to in writing by duly authorised officer.

6. Specifications

Any specification, illustration or description accompanying a quotation, website, datasheet, catalogue and any other material is indicative and may not completely represent the Goods. Edisons Box reserves the right to incorporate minor modifications thereto without notice and without incurring any liability.

7. Intellectual Property Right and Propriety Information

Sales of Goods shall not confer the Buyer any rights or interest in any trademarks, Patents, Copyrights, Industrial design or other intellectual property rights of Edisons Box in respect thereof. The Buyer shall not dispute or conspire to dispute or question the title of Edisons Box in respect of such rights relating to the Goods. All design details, specifications, software, technical handbooks, drawing or other data supplied to the Buyer without charge remain Edisons Box property and Edisons Box retains the right to have all such data returned upon request. All information contained in such data is copyright and shall be kept confidential by the Buyer, except to the extent that the Buyer can establish that such information has been previously made known to it from other sources. All software is not transferable and is restricted to the use by Edisons Box’s Buyer only.

8. Third Party Claims

8.1 In the unfortunate event that some Edisons Box product/s are faulty or defective on a commercial job, Edisons Box reserves the right to use its qualified staff and resources to remedy any problem reported. If for any reason Edisons Box decides not to use its own resources, Edisons Box requires a written quote for the work to fix the problem and this must be approved by its senior management who will issue a work order prior to work commencement. Failure to follow this standard procedure may result in a back charge claim not being accepted.

8.2 Edisons Box shall not be liable in any way whatsoever for any advice, assistance or representation given or omitted to be given in respect of products and services other than those directly provided by Edisons Box.

8.3 In no circumstance whatsoever will Edisons Box be liable for loss of profits, contracts, goodwill, business, and anticipated savings and rectification costs for third party claims.

8.4 Edisons Box will not be liable for any electrical costs incurred if Edisons Box’s product/s are deemed faulty after installation. Goods need to be returned to the place of purchase (PO Box 664 Matraville, NSW, 2036), whereby Edisons Box and Customer (not end user) will follow standard procedure to remedy situation.