Terms and Conditions
The terms and conditions of sale contained apply to all sales offers and quotes entered into by ASE Technology Pty Ltd. This document supersedes arrangements, understandings and provision made or existing between the Purchaser and ASE Technology Pty Ltd prior to or simultaneously herewith and constitutes the sole and entire agreement between the parties. Though the Terms and Conditions of Sale may conflict with certain terms and conditions, if any, specified by purchaser in purchasers order form or otherwise, ASE Technology’s acceptance of Purchasers order is on the conditions that only the Terms and Conditions of Sale shall apply to Purchasers order irrespective of whether the Purchaser accepts these Terms and Conditions of Sale by a written acknowledgment, by implication, or by acceptance of or payment for goods ordered. Any term, provision or condition in conflict with, or in addition to, or in modification of any of the Terms and Conditions of Sale shall not be binding upon ASE Technology Pty Ltd unless such term condition or provision is in writing and signed by an authorised officer of ASE Technology Pty Ltd.
Notwithstanding the following, stenographic and clerical errors are subject to revision and correction.
The Purchaser shall at its own expense arrange collection of the products from ASE Technology Pty Ltd. Unless ASE Technology Pty Ltd receives specific shipping instructions from the Purchaser, ASE Technology Pty Ltd will exercise its own discretion in selecting the method of shipment, such shipment being at the cost of the Purchaser and at the Purchasers sole risk. ASE Technology Pty Ltd shall not be responsible for delays or defaults in delivery of the goods. The Purchaser shall not be relieved of any obligation to accept or pay for the goods by any reason of delay in delivery or dispatch.
After ordering, the Purchaser will receive an email confirmation containing the order details (as long as an email address has been provided). ASE Technology Pty Ltd will normally confirm receipt of an order within a few minutes of ordering. Depending on availability of stock the goods will be ready for collection from Unit 7/101-107 Wedgewood Road, Hallam, VIC (trading hours 8am-5pm Monday to Friday) within 24 hours of placing an order. If the goods ordered are in stock, your order will be delivered to the nominated shipping address between 2 and 7 business days. If the goods ordered are not in stock ASE Technology Pty Ltd will contact the Purchaser within 24 hours and confirm a date the goods will be available. If the Purchaser has queries regarding a delivery they should contact ASE Technology Pty Ltd at firstname.lastname@example.org.
Passing of Risk
The Purchaser shall be liable for loss or damage to the products from the time when the goods are collected or they are placed on the vehicle, which is to effect delivery from ASE Technology Pty Ltd, whether such delivery is effected by the Purchaser or ASE Technology Pty Ltd.
It is agreed that ASE Technology Pty Ltd will not be liable to the Purchaser for any loss or damage suffered, direct, consequential or otherwise, arising as a result of any delay or failure to effect delivery of the products to the Purchaser irrespective of cause or fault.
Unless otherwise expressly indicated, all prices are exclusive of federal, state and local sales tax and stamp duties. Any taxes, levies, imposts or duties whatsoever relating to the products, when applicable are payable by the Purchaser, unless the Purchaser, prior to delivery, provides ASE Technology Pty Ltd with a properly executed tax exemption certificate acceptable to the appropriate taxing authority.
All property in and title to the products shall remain with ASE Technology Pty Ltd and shall only pass to the Purchaser upon payment by the Purchaser in full of all monies owing by the Purchaser to ASE Technology Pty Ltd. Until such time, the relationship between the parties shall be fiduciary and the Purchaser shall hold the products as bailee for ASE Technology Pty Ltd. The Purchaser shall mark the products to indicate that they are the property of ASE Technology Pty Ltd.
The sale of any product/s by ASE Technology Pty Ltd does not convey to the Purchaser any license by implication, estoppels or otherwise, in respect of any copyright, trademark or trade name, claims or rights of ASE Technology Pty Ltd or Manufacturer covering the said product/s or any combination thereof with or without other devices or elements
Liability of Seller
ASE Technology Pty Ltd makes no warranties or representation as to performance of products sold or as to service provided by ASE Technology Pty Ltd to the Purchaser or to any other person, except as set forth in the Manufacturers Terms of Warranty accompanying delivery of products. Provided always that nothing in this Agreement shall exclude, restrict or modify any condition, warranty, right or liability which may at any time be implied in this contract (including any condition, warranty, right or liability implied by the Trade Practices Act 1974) where to do so is illegal or would render any provision of this contact void:
- All conditions warranties and representations contained in or implied by any Statute or law including but not limited to implied warranties or merchantability and fitness for purpose are hereby expressly excluded and negated.
- The liability of Seller, if any, for claims or damages relating to or arising out of the products, shall in no event include incidental, consequential or special damages of any kind.
Terms of payment shall be strictly COD unless otherwise agreed in writing with ASE Technology Pty Ltd.
The Purchaser shall pay interest on all overdue amounts at the rate of 18% per annum from the due date until the date of payment.
ASE Technology Pty Ltd may declare all sums immediately due and payable in event of a breach by the Purchaser of any of its obligations to ASE Technology Pty Ltd contained in the Terms and Conditions of Sale, including without limitation, the failure of the Purchaser to comply with credit terms.
Shortages or Incorrect Product
The Purchaser must file all claims for shortage of and/or incorrect product supply within seven (7) working days of receipt of the order. Claims are to be in writing or emailed at email@example.com.
If any product(s) purchased are faulty or damaged (through no fault of the Purchaser) ASE Technology Pty Ltd will exchange them or credit the purchase back to the Purchaser’s account. The product(s) must be returned in their original packaging with all ancillary components and manuals included otherwise a 15% processing fee will be charged.
If for any reason Purchasers are not completely satisfied with their purchase ASE Technology Pty Ltd will give a 14 day money-back guarantee from the time the goods are received, however these returns will incur a 15% restocking fee. All products must be returned in their original condition and original packaging. This refund policy does not apply to goods which have been worn or used, damaged after delivery, or if any attempt has been made to alter the product or if they have been dropped or broken. Any damaged or incomplete goods returned (including packaging), will be subject to replacement costs and a 15% restocking fee. All transport, postage and insurance costs associated with returning goods are to be paid by the Purchaser, ASE Technology Pty Ltd will not be responsible for parcels lost or damaged in transit if the Purchaser chooses not to insure them.
All requests for product returns are to be emailed at firstname.lastname@example.org within 14 days of purchase. All product(s) returned must be delivered to Unit7/101-107 Wedgewood Road, Hallam VIC 3803.
Warranty returns will be subject to certain criteria:
- All goods must be returned with a Return Authority (RA) number issued by ASE Technology Pty Ltd
- All goods that are found faulty, for reasons other than pure mechanical fault, will be subject to repair charges at the customers expense
- All warranties will be honoured from the invoice date
- Freight and transport costs to ASE Technology Pty Ltd is the responsibility of the Purchaser
In the event of any default by the Purchaser, ASE Technology Pty Ltd may decline to send further shipments without in any way affecting its rights. If, despite any default by the Purchaser, ASE Technology Pty Ltd elects to continue to make shipments, the ASE Technology Pty Ltd action shall not constitute a waiver of any default by the Purchaser or in any way affect the ASE Technology Pty Ltd legal remedies of any such default. If in the judgment of ASE Technology Pty Ltd, the financial condition of the Purchaser at any time does not justify the continuation of production or delivery on the terms of payment specified, ASE Technology Pty Ltd may require full or partial payment in advance. If the Purchaser becomes insolvent, or bankrupt or other debtors relief proceedings are instituted by or against the Purchaser, or the Purchaser makes an assignment for the benefit of its creditors or is unable to meet its obligations as they come due, any such event shall be deemed a material default hereunder, entitling ASE Technology Pty Ltd to cease performance under the order and avail itself of all legal equitable remedies it may have against the Purchaser and the Purchaser authorizes ASE Technology Pty Ltd, without prejudice to any other rights, to enter onto the premises of the Purchaser (without liability for trespass) with or without notice to retake possession of and sell the products.
Failure or neglect by ASE Technology Pty Ltd to enforce at any time the provisions hereof shall not be construed nor shall be deemed to be a waiver of ASE Technology Pty Ltd’s rights hereunder nor in any way affect the validity of the whole or any part of these Terms and Conditions of Sale, nor prejudice ASE Technology Pty Ltd’s right to take subsequent action.
In the event that any or any part of the terms conditions or provisions shall be determined invalid, unlawful or unenforceable to any extent, such terms conditions or provisions shall be severed from the remaining terms and conditions which shall continue to be valid and enforceable to the fullest extent permitted by law.
The parties agree that these Terms and Conditions of Sale and the provisions hereof shall be construed in accordance with the Laws of the state of Victoria.
The Purchaser hereby authorizes ASE Technology Pty Ltd to make whatever enquiries or take whatever action is deemed necessary to enable ASE Technology Pty Ltd to make proper assessment of any credit application. The Purchaser agrees and acknowledges that ASE Technology Pty Ltd is under no obligation to sell or deliver products to the Purchaser until any credit application is approved.