TERMS AND CONDITIONS OF SALE
1. The applicable Warranty Terms and the Returns and Refunds Policy form part of, and are hereby incorporated into, these terms and conditions of sale.
2. These are the terms and conditions on which NewAudio will either by itself or through its subcontractors sell and you shall purchase the products and services offered for sale on the Site (“Products”).
3. Without limiting the ways in which you may be bound by the Sale Terms, by clicking “I accept the Sale Terms” (or similar wording) or using a similar mechanism indicating acceptance, by accessing the Site, registering as a user or by ordering or purchasing or continuing to order or purchase the Products from the Site (“Orders”) you agree that you are bound by the Sale Terms, which supersede any other terms relating to the sale of the Products appearing on the Site or elsewhere and will override any other terms referred to by you or in any course of dealing.
5. NewAudio may (at its discretion) appoint a sub-contractor in relation to any of NewAudio’s rights or obligations under these Sale Terms.
6. Each product comes with its own NewAudio warranty. To view the warranty terms, go to the “Warranties” section of the Site and refer to the warranty card corresponding to the Products you have purchased.
How a contract is formed
7. Each Order placed by you on the Site is an offer by you to purchase a particular Product on the terms and conditions of the Sale Terms.
8. NewAudio reserves the right to accept or reject your Order for any reason, including, without limitation, an error in your order or in the material on the Site, or the unavailability of the Product and may reserve the right to limit the quantity of Products purchased by you.
9. The contract to purchase a particular Product only comes into existence upon acceptance by NewAudio or its subcontractors of your Order. Products are subject to availability. In the event of shortage, NewAudio may allocate sales and deliveries in its sole discretion. Each accepted Order will give rise to a separate agreement between NewAudio and you.
10. NewAudio will only accept Orders for delivery of the Products if the delivery address is a street address in Australia and only if you if you are a resident of Australia and over the age of 18 years.
11. The price of a Product is the price stipulated on the Site at the date of placement of your Order.
12. Unless otherwise indicated on the Site, all prices include all Australian taxes.
13. Unless otherwise indicated on the Site, you will be responsible for payment of all shipping, transport and delivery charges for your Order.
14. NewAudio will endeavour to arrange delivery of the Products to the delivery point designated by you on your Order, provided the delivery point is in Australia.
15. NewAudio will use its discretion in selecting a reputable carrier and appropriate means of shipment.
16. Any dates quoted by NewAudio or its subcontractors for in respect of delivery of the Products are estimates only and will not form part of the Sale Terms.
17. NewAudio must receive full payment for all Products ordered, and any other charges (including delivery or freight charges) that may apply to your Order, at the time you place an Order.
18. Payment can be made by using one of the payment methods available on the Site.
19. Where the Products are to be delivered in instalments, each instalment is deemed to be the subject of a separate agreement and no default or failure by NewAudio or its subcontractors in respect of any one or more instalments will void the Contract in respect of the Products previously delivered or undelivered Products.
20. In the event that NewAudio or its subcontractors gives notice to you that it is unable to deliver any instalment of the Products, you will be deemed to have accepted those instalments already delivered and NewAudio will reimburse to you the price of the undelivered Products which have been paid for by you.
21. If you fail to:
(a) accept delivery of the Products or any part of a Product when made available to you; or
(b) fail to provide accurate instructions, documents, licences, consents or authorisations required to enable the Products to be delivered, NewAudio may, upon giving written notice to you, store or arrange for storage of the Products, and:
(c) risk in the Products will pass to you
(d) delivery will be deemed to have taken place; and
(e) you must pay to NewAudio all costs and expenses incurred by NewAudio (including storage and insurance charges) arising from your failure.
22. Subject to any consumer guarantees under the Australian consumer law, unless you notify NewAudio by email, telephone or facsimile within seven (7) days of delivery and such notification is confirmed in writing within seven (7) days of its receipt by NewAudio, the Products shall be deemed to have been accepted by you as being in good condition and in accordance with the Sale Terms.
23. You must pay to NewAudio the amount for any GST payable on a taxable supply made by NewAudio in connection with any Order unless the price for the supply is expressly stated as GST inclusive.
24. Where you are required by these Sale Terms to reimburse or indemnify NewAudio for any Loss or other amount incurred, the amount to be reimbursed or paid will be reduced by the amount of any input tax credit that NewAudio will be entitled to claim for the Loss or amount incurred and increased by the amount of any GST payable by NewAudio in respect of the reimbursement or payment.
25. This clause does not merge on completion or termination of any Order. In this clause, words and expressions which are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (“GST Act”) have the same meaning given to them by the GST Act.
Title and Risk
26. Subject to clause 27, title and risk of loss or damage to the Products immediately passes to you once delivery of the Products has been effected.
27. Notwithstanding clause 26, title to any software products remains with the applicable licensor(s).
28. Certain Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure if the Products fail to be of acceptable quality. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure. Under the Australian Consumer Law, certain guarantees regarding the Products may apply if you are a ‘consumer’ within the definition of section 3 of the Australian Consumer Law, in particular guarantees regarding:
(a) title to the Products passing to you;
(b) you having undisturbed possession of the Products;
(c) the Products being free from undisclosed encumbrances;
(d) the Products being fit for any disclosed purpose or any purpose for which NewAudio represents they are fit for;
(e) the Products matching their description or corresponding to any sample or demonstration model; and
(f) express warranties in respect of the Products made by NewAudio being complied with.
Limitation of liability
29. Where you acquire any Products other than as a ‘consumer’ within the definition in section 3 of the Australian Consumer Law, our maximum aggregate liability for any loss suffered by you is limited in our sole discretion to:
(a) the resupply of the Products; or
(b) a refund of any payment made by you in respect of those Products.
30. Subject to clause 28, in no event will NewAudio be liable to you for:
(a) any indirect, special, incidental or consequential damages resulting from performance or failure to perform under an agreement pursuant to the Sale Terms; or
(b) due to late delivery or non-delivery of the Products, whether due to a breach of contract, breach of warranty, negligence, or otherwise.
31. Products are not authorised for use, and NewAudio excludes all liability, as critical components in life support systems or situations where failure to perform can reasonably be expected to cause significant injury or death to users or others.
32. NewAudio exclude all liability for any delay or failure in its performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labour difficulties, equipment failures, or any other causes beyond its reasonable control.
33. NewAudio may update, or discontinue any Product and/or revise prices for any Product listed as available on the Site at any time.
34. You agree that changes may occur between any Product delivered to you and the Products described on the Site or in any marketing materials.
35. You agree and warrant that the purpose of purchasing the Products is for your own internal use only, and not for resale.
36. NewAudio may refuse to accept orders placed by you if you breach this warranty or if NewAudio, on reasonable grounds, suspect that you will breach this warranty.
37. You must not remove components from the Products for resale.
38. You agree to comply with all applicable export laws, regulations and orders of Australia.
39. Specifically, but without limitation, you agree not to re-export or ship, directly or indirectly, any Products or technical data in any form without first obtaining NewAudio’s prior written consent and the appropriate export or re-export licences from the Government of Australia.
40. An attempt by you to enter an Order which is subject to additional or altered terms and conditions will be null and void.
41. You must not assign or otherwise deal with any of your rights or obligations under the Sale Terms without NewAudio’s prior written consent. NewAudio may assign or deal with any of its rights or obligations under the Sale Terms at any time and without any requirement to notify you.
42. No failure to exercise or delay in exercising any right under the Sale Terms constitutes a waiver and any right may be exercised in the future.
43. Waiver of any of the Sale Terms must be in writing and is only effective to the extent set out in that written waiver.
44. If any provision of the Sale Terms is void, unenforceable or illegal and would not be so if words were omitted, then those words are to be severed and if this cannot be done, the entire provision is to be severed from the Sale Terms without affecting the validity or enforceability of the remaining provisions.
45. In the event of any inconsistency between the Sale Terms and any Order or invoice, the Order or invoice will prevail to the extent of the inconsistency.
PART I: GENERAL TERMS AND CONDITIONS
The Australian Competition and Consumer Act (2010) (including the Australian Consumer Law) as well as other Australian laws guarantee certain conditions, warranties and undertakings, and give you other legal rights, in relation to the quality and fitness for purpose of Emergence consumer products sold in Australia.
In Australia, our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and 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. What constitutes a major failure is set out in the Australian Consumer Law.
Nothing in this Warranty purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Competition and Consumer Act and other Australian laws. This Warranty gives you additional protection for your Emergence consumer product, and identifies a preferred approach to resolving warranty claims which will be quickest and simplest for all parties, subject to the exclusions, terms and conditions below.
I. Coverage and Application
A. NewAudio Pty Ltd, Unit 8/13 Industrial Drive, Coffs Harbour, NSW, 2450, Australia (“NAPL”) warrants that your Emergence consumer product:
- is of acceptable quality;
- does not have a latent defect.
B. For the purpose of this Warranty, an “Emergence product” is a product which:
- was manufactured by or on behalf of NewAudio Pty Ltd; and
- is used in a normal domestic environment, not a commercial environment; and
- bears a trade mark licensed by NewAudio Pty Ltd (generally “A3D” or “Acoustic 3D”); and
- was sold directly by NAPL, by an Authorised Reseller or Distributor of NAPL; and
- was purchased in Australia, but does not include any hardware or software which is packaged or sold with an Emergence product unless that item is incorporated into the Emergence product or, in the case of software, pre-loaded onto the Emergence product at the time of sale or that is itself an Emergence product.
II. Warranty Period
A. The period during which this Warranty is in effect will depend upon the Emergence product to which it relates. In all cases the commencement date for the period is the actual day of purchase, as reflected on the Emergence invoice, Authorised Reseller’s or Distributor’s invoice / receipt provided to you. The period during which each Emergence product which is the subject of this Warranty is covered by this Warranty is identified in Part II of this Warranty.
III. Warranty Claim
A. If you consider that the Emergence product which you have purchased is not of acceptable quality, has a latent defect, or is otherwise not compliant with the conditions, warranties, undertakings, and legal rights given to you under Australian Law (for example, it appears faulty, or does not work at all or properly), you can make a claim under this Warranty.
B. Except where an International Product Warranty has been provided with your Emergence product, warranty service will only be provided in the specific country where the Emergence product was originally purchased. For example, if you have purchased the Emergence product within Australia, warranty service will be limited to Australia only.
C. If you purchased this product in Australia and wish to make a claim under this Warranty, you should: contact :
(07) 3177 3377; or visit www.newaudio.com.au
Product online registration
You can register your product online at www.newaudio.com.au. While registration is not necessary to make a claim under this Warranty, it may assist NAPL to process any claim which you may make more quickly.
D. When you make any claim under this Warranty it is essential that you provide a copy of your proof of purchase of the Emergence product by email. A claim under this Warranty is not formally made unless and until that proof of purchase is provided. This does not detract from your statutory rights.
E. You will not be able to gain the benefit of this Warranty without making a claim. A claim must be made within the Warranty Period. This Warranty does not cover any defects not notified to NAPL within the Warranty Period.
F. If, following receipt of a claim under this Warranty, NAPL or its agent determine that your claim in respect of an Emergence product is valid (having regard to the terms of Part II of this Warranty), and:
(a) if the goods can be repaired and the failure to comply with the warranty is not a major failure or a failure of substantial character, NAPL or its agent will either repair the Emergence product or, if authorised by NAPL, pay you for the cost of a repair of the Emergence product, or replace the Emergence product with the same or similar product or refund you the cost of a replacement, in each case depending upon what is reasonable in the circumstances and at no cost to you. Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods;
(b) if the goods cannot be repaired or the failure to comply with the warranty is a major failure or a failure of substantial character, you may reject the goods or require NAPL to pay you compensation for any reduction in the value of the goods below the price paid or payable by you for the goods.
The standard NAPL warranty periods are set out by product in the tables in Part II of this Warranty, although each claim is assessed on its own merits. If NAPL provides you with either a replacement or refund, you immediately transfer ownership in the original NAPL part or product to NAPL. If NAPL repairs the goods, you immediately transfer ownership in any residual parts to NAPL. Any such resolution by NAPL of a claim under this Warranty by you does not otherwise detract from any other statutory rights which you might have in the circumstances, including your right to monetary compensation for a valid claim.
G. If, following receipt of a claim under this Warranty, NAPL or its agent determine that your claim in respect of an Emergence product is invalid, NAPL may charge you for any labour, parts or transport costs incurred by NAPL or its agent in assessing your claim.
IV. Warranty Transferability
A. This Warranty is transferable to a subsequent owner of an Emergence product, in the event of the sale of that product, provided that NAPL is informed in writing within a reasonable time of the sale of the subsequent owner’s name and contact details, such notice to be provided to NAPL at: www.emergencea3d.com. The notice should identify the name of the previous owner of the Emergence product, place and date of purchase, model, make and serial number of the product. The effective transfer of this Warranty does not otherwise alter the terms of this Warranty in any way.
B. In cases of authorised product or part replacement of the original purchased Emergence product, the replacement Emergence product or part will be covered for the remainder of the original warranty period.
A. NAPL will liaise with you to determine the best way in which to inspect and, if necessary, repair the product the subject of the claim under this Warranty. Whenever possible, the product should be returned in its original carton and packing or alternatively in packing suitable to prevent damage to the product. NAPL will not accept responsibility for damage to the product during this transport caused by unsuitable or inadequate packing.
VI. Warranty Exclusions
A. This section identifies what is excluded under this Warranty.
B. For the avoidance of any doubt, any and all warranties or conditions which are not guaranteed under the Australian Competition and Consumer Act, or the Australian Competition and Consumer Regulations 2010, and which are not expressly included in this Warranty as additional warranties or conditions are excluded.
C. This Warranty does not warrant uninterrupted or error-free operation of the Product, which is affected by system configuration, software applications, your data and operator control of the system, among other factors. Though the product is considered to be compatible with many systems, it is your responsibility to determine compatibility and integration with other products or systems.
D. This Warranty does not apply to non-Emergence hardware products or non- Emergence software products which are not incorporated into Emergence products or, in the case of software, pre-loaded onto the Emergence product at the time of sale, even if packaged or sold with Emergence hardware. Manufacturers, suppliers or publishers other than NAPL may provide their own warranties to you, but NAPL, to the extent permitted by law, provides such third-party products ‘as is’. If applicable, non-Emergence software distributed by NAPL and not pre-loaded on the product at the time of sale is not covered under this Warranty. Please refer to any licensing agreement accompanying the software for details or any purchaser rights with respect to its use.
E. This Warranty does not extend to loss caused by normal wear and tear, fire, water (liquid spillage or ingression), theft, vermin or insect infestation.
F. This Warranty does not cover:
- cosmetic damage such as to the exterior finish;
- minor imperfections within design specification so that do not materially alter functionality;
- reception or display problems and distortion related to noise, echo, interference or other signal transmission and delivery problems; or
- use of products, equipment, systems, utilities, services, parts supplies accessories, applications, installations, repairs, external wiring or connectors not supplied or authorised by NAPL.
G. This Warranty does not cover damage caused by:
- misuse or abusive use of the Emergence consumer product;
- incorrect operation or not following the operation instructions (as stated in the Product Operation Manual or manufacturer’s instructions provided with the Emergence product);
- improper shipment, delivery or installation;
- incorrect or improper maintenance or failure to maintain the Emergence product;
- failure to clean or improper cleaning of the product;
- incorrect voltage or non-authorised electrical connections;
- adverse external conditions such as power surges and dips, thunderstorm activity, acts of God, acts of terrorism, damage caused by vermin, or any other act or circumstance beyond NAPL’s control;
- exposure to excessive heat, moisture or dampness;
- exposure to abnormally corrosive conditions;
- use of non authorised/non-standard, defective or incompatible parts;
- computer virus;
- repair, modification or other work carried out on the Emergence product other than by Authorised Emergence Service Personnel.
H. This Warranty does not cover Emergence products purchased in an auction.
I. This Warranty does not cover service costs in replacing and maintaining consumable parts which have ceased working through normal wear and tear.
J. This Warranty does not cover Emergence products which, at the time you consider a claim might be made under this Warranty, do not bear the original manufacturer’s factory- applied serial number in its original form (for instance where it or the sticker bearing it has been removed, wiped out, rubbed off, or altered).
K. This Warranty does not cover any NAPL product which are or have been installed in a movable dwelling such as a caravan or house boat. Emergence products are not designed to be used in such moveable dwellings and their performance may be affected in such contexts.
PART II PRODUCT WARRANTY PERIODS AND SPECIAL CONDITIONS
I. Parts (Options) and Accessories Warranty
A. This part of the Warranty identifies NAPL’s preferred approach to resolving warranty claims in relation to parts and accessories.
B. The table below this sub-paragraph identifies the periods under which a claim may be made under this Warranty for replacement of a part or accessory. However, you may also have statutory rights outside of these periods. The parts and accessories are divided into those which are supplied within the box of the Emergence consumer product for which they are to be used (In-Box), and those which are supplied separately from an Emergence consumer product for use with it (Out-Box).
(a) In-Box: All Emergence parts and accessories (including batteries) purchased together with the Emergence consumer product are covered under this Warranty for a period of 6 months. Generally NAPL will replace the defective part or accessory which is the subject of the claim during this 6 month period.
You will only be able to make a claim under this Warranty for lost or missing Emergence parts and accessories if, with your claim, you are able to provide satisfactory evidence that the relevant item was missing from the box or other storage or packaging material originally supplied by NAPL.
(b) Out-Box: Parts and accessories purchased from Authorised Emergence Resellers and Distributors are generally covered under this Warranty for a 3 month to 36 month warranty period. Please refer to the specific period below.
|Product||Warranty In-Box||Warranty Out-Box||Special Conditions|
|AS8||6 months||36 months||Accessories may differ according to particular model|
|Other consumables||N/A||3 months|
II. Parts and Labour Warranty
Unless specified, this Warranty covers corresponding costs for parts and labour which may be required to repair the Emergence consumer product, part or accessory if NAPL or its agent repair the item under this Warranty.
III. Warranty by Product Table
The table below in this sub-paragraph summarises NAPL’s preferred approach to resolving claims under this Warranty, although each claim is assessed on its own merits. Please refer to Part I, paragraph (III)(F) for the range of NAPL’s responses to a claim under this Warranty in accordance with the table below. In some instances the appropriate response to the claim will differ from the approach noted below.
|Product||Warranty Period||Special Conditions|
|AS8||36 months||Excluding parties who rent or lease an Emergence product|
PART III INTERNATIONAL WARRANTY
In the event that warranty service is required on your Emergence series and you are located outside of the country, contact NAPL on newaudio.com.au and NAPL will be able to provide you with warranty service. Any warranty services rendered shall be in a manner consistent with the terms and conditions of the Emergence Series. Warranty services performed, if made available, may take longer than if performed if you were in Australia.
Please note the Customer shall be responsible for settling all customs fees associated with the transport, and the cost of delivery to Australia. NAPL will pay return transport fees only. The method of shipment of the Emergence Product shall be at NAPL’s discretion. Liability for goods in transit shall be with the shipping party.
NewAudio Pty Ltd is committed to providing you with the best possible customer service experience. NewAudio Pty Ltd is bound by the Privacy Act 1988 (Crh), which sets out a number of principles concerning the privacy of individuals.
Collection of your personal information
There are many aspects of the site which can be viewed without providing personal information, however, for access to future NewAudio Pty Ltd customer support features you are required to submit personally identifiable information. This may include but not limited to a unique username and password, or provide sensitive information in the recovery of your lost password.
Sharing of your personal information
We may occasionally hire other companies to provide services on our behalf, including but not limited to handling customer support enquiries, processing transactions or customer freight shipping. Those companies will be permitted to obtain only the personal information they need to deliver the service. NewAudio Pty Ltd takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.
Use of your personal information
For each visitor to reach the site, we expressly collect the following non-personally identifiable information, including but not limited to browser type, version and language, operating system, pages viewed while browsing the Site, page access times and referring website address. This collected information is used solely internally for the purpose of gauging visitor traffic, trends and delivering personalised content to you while you are at this Site.
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will use for these new purposes only, data collected from the time of the policy change forward will adhere to our updated practices.
Accessing your personal information
You have a right to access your personal information, subject to exceptions allowed by law. If you would like to do so, please let us know. You may be required to put your request in writing for security reasons. NewAudio Pty Ltd reserves the right to charge a fee for searching for, and providing access to, your information on a per request basis.
NewAudio Pty Ltd
Unit 8/13 Industrial Drive
Coffs Harbour, NSW, 2450, Australia
Phone +61 (07) 3177 3377 Fax +61 (07) 3177 3377
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None of the material contained on Newaudio.com.au may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of NewAudio. Violation of this provision may result in severe civil and criminal penalties.