1. Preliminary
1. Preliminary
These Terms and Conditions constitute a contract between You, the Customer (“You”, “Your”) and, Transtek Pty Ltd ABN 61 085 191 859 ("Transtek").
Transtek provides the warranties and product support set out in these Terms and Conditions in relation to all Products offered and supplied by Transtek. The warranties and product support set out in these Terms and Conditions are provided by Transtek irrespective of:
a) the identity of the manufacturer of the Product;
b) whether or not the manufacturer has provided its own warranties or product support in relation to the Product.
For the avoidance of doubt:
a) We make no representations or warranty in relation to the existence, non-existence, validity, availability, terms or conditions of any other warranties or product support that may or may not be offered or provided by the manufacturer of the Product; and
b) Service Level Agreements (“SLA”) offered by a manufacturer of a specific item and on-sold by Transtek are governed exclusively by the terms and conditions of the specific SLA, the contract for which are exclusively between the manufacturer and You as the Customer.
2. Seven Day ‘No Questions Asked’ Guarantee
Please note that You must keep Your original product packaging for products where our ‘Seven day No Questions Asked’ (“7 day NQA”) guarantee is offered, in order to be eligible for this guarantee. Failure to observe this condition will void Your NQA guarantee.
3. Incorrect / Missing Items or Damage in Transit
3.1. You are responsible for inspecting all goods received from Transtek upon arrival. You must notify us of any obvious defects, in particular of defects in the packaging and / or due to transportation, as well as those concerning the quantity or the identity of the Product(s) in writing within seven days from the date of delivery. Where a hidden defect of this type is subsequently discovered you must notify us within seven days of the time you first discover the defect.
4. Warranty Terms
4.1. Unless expressly stated, the term of our Standard Warranty period is 12 months, for all new Products other than consumable items.
4.2. Subject to the terms and conditions set out below, Transtek agrees to repair or replace the Product(s) which it supplied to You at its own cost, in circumstances where the Product does not perform in accordance with the manufacturers specifications during the term of the Standard Warranty, commencing on the date of delivery of the Product. Where there is no proof of delivery, this date will be assumed to be 3 business days from the date of dispatch of the Product.
4.3. Proof of purchase (invoice or paid order confirmation) must be provided when requesting service under these Warranty Terms and Conditions.
4.4. Transtek reserves the right to replace the Product or relevant part with the same or equivalent Product or part, rather than repair it. Where a replacement is provided, Transtek will determine, in its discretion, the closest Product within the then current range of Products offered by Transtek with which to replace the faulty or damaged Product. The replacement Product may differ with the replaced Product in size and specifications, at the reasonable election of Transtek. Transtek may replace parts with refurbished parts. Replacement of the Product or a part under the Standard Warranty does not extend or restart the Standard Warranty period.
4.5. If Transtek is unable to repair or replace the Product, the Customer will be provided with a credit or be refunded the price of the Product. This credit or refund will be for the amount of the purchase price of the Product excluding any associated Delivery Costs.
4.6. In the event that a replacement, refund, or store credit is provided as per section 7, the faulty item will become the property of Transtek.
4.7. Transtek reserves reasonable discretion to determine whether any Product is or is not performing in accordance with its specifications, subject to applicable law.
4.8. Transtek may seek reimbursement of any costs incurred by Us where the Product is found to be in good working order, or when it has been determined that the Standard Warranty provided by Transtek does not apply as per section 11.
4.9. To the full extent permitted by law, the Standard Warranty and Extended Warranty will not apply in respect of a Product:
4.9.1. if the Product has not been installed, operated, maintained or used in accordance with the manufacturer's instructions or specifications provided with the Product;
4.9.2. if the factory-applied serial number has been altered or removed from the Product;
4.9.3. which has suffered damage, malfunction or failure resulting from alterations, any alterations (hardware or software), accident, misuse, abuse, fire, liquid spillage, incorrect adjustment of Customer controls, use on an incorrect voltage, power surges and dips, thunderstorm activity, force majeure, voltage supply problems, tampering or unauthorised repairs by any persons, use of defective or incompatible accessories, the operation of a computer virus of any kind, exposure to abnormally corrosive conditions or entry by any insect, vermin or foreign object in the Product;
4.9.4. to damage arising during transportation, installation or while moving the Product, or to any transportation costs of the Product or any parts thereof to and from the Customer, unless otherwise specified in these Warranty & Service Terms and Conditions;
4.9.5. to any third-party software or hardware not contained in the Product as originally configured by the manufacturer;
4.9.6. to any failure, to the extent that the failure is not a failure of the Product to perform in accordance with its specifications;
4.9.7. to replacement or repair of any consumables (including batteries, projector lamps and cables), or lost parts or accessories;
4.9.8. to service and support of any software operating system or application installed on any Product, except to assist in restoring the Product to its factory default settings; or
4.9.9. to service of any product whilst it is outside Australia.
4.10. The warranties and product support that we offer and provide pursuant to our Terms and Conditions are in addition to the consumer warranties and guarantees under 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 goods fail to be of acceptable quality and the failure does not amount to a major failure.
4.11. This Standard Warranty is transferrable to a new owner of a Product originally purchased from Transtek, provided that the new owner can provide reasonably acceptable proof of purchase / ownership.
5. General Terms & Conditions of Service
5.1. To report an item for service, whether under warranty or not, the Customer must complete a Return Materials Authorisation (RMA) request either through our website or otherwise in writing detailing;
5.1.1. the reason for the request, including any fault conditions;
5.1.2. proof of purchase (our invoice);
5.1.3. the Customers current shipping address and contact details.
5.2. Transtek requires any Customer requesting service to comply with directions from Transtek staff in relation to troubleshooting any issue and facilitating any repair or replacement under these Terms and Conditions.
5.3. All Products for service or return under warranty must be returned to the nearest office of Transtek within Australia, suitably packaged to prevent damage in transit. For goods being returned under our NQA, these must be returned ‘as new’ with all accessories and original packaging.
5.4. Both parties involved in a service or calibration arrangement agree to abide by the following terms governing the relationship of Transtek as ‘Bailee for Reward’ and the Customer as ‘Bailor’ to the extent permissible by law. Where not permissible by law, that part is excluded and all other conditions remain binding.
5.4.1. Where arrangement has been made by the issue of an RMA number or similar, Transtek will be responsible as Bailee for Reward for the reasonable security of the goods at all times while on the premises of Transtek or their appointed agent or supplier, including during unpacking/repacking, assessment and storage, and must take all appropriate and prudent measures to protect the goods and keep them secure while in its possession. At a minimum, care shall be the same as they care for and secure goods of the same or similar nature of their own, including precautionary measures against risks of fire, theft, accidents, disasters and other insurable risks. Specifically, by delivering the goods into the possession of Transtek, the Bailor agrees to abide by the security, staffing and environmental conditions which occur in the normal course of business at Transtek or its appointed agents or suppliers.
5.4.2. Ownership of the goods remains with the Bailor and Transtek is obliged to produce the goods for return to the Bailor upon demand or within a reasonable period of time. Transtek reserves the right to retain possession of the goods until all expenses incurred by the Bailor under the service / calibration arrangement have been settled. As such, risk during transit of the goods remains with the Bailor and the Bailor indemnifies Transtek from all liability for damage or loss, however caused. Accordingly, the Bailor is strongly encouraged to insure its goods against loss and damage during transit. 5.4.3. In the event that goods are delivered to Transtek for inspection or repair, and having notified the Bailor that the goods are ready for re delivery, the goods remain uncollected for a period of 30 days, such goods will be treated as unclaimed goods and disposed of at the discretion of Transtek, either by sale or destruction pursuant to the Disposal of Uncollected Goods Act 1970 (WA).
5.4.4. No responsibility for duty of care is accepted by Transtek for goods which are delivered to its premises without prior arrangement or agreement. Parties who deliver their goods in this way, do so at their own risk and agree that any such unclaimed goods may be disposed of at the discretion of Transtek, either by sale or destruction, after a period of 60 days.
5.5. To the full extent permitted by law:
5.5.1. Transtek will not be liable for any loss, damage or alterations to third party hardware, software, programs, data and/or information stored on any media or any part of the Product, no matter how occurring; or for any loss or damage arising from loss of use, loss of profits or revenue, or for any resulting indirect or consequential loss or damage.
5.5.2. Transtek's aggregate liability in respect of all claims under the Standard Warranty and Extended Warranty shall not exceed the original purchase price of the Product or, at Transtek's option, replacement of the Product with a like or similar Product.
5.5.3. Transtek excludes all other warranties, conditions, terms, representations and undertakings whether express or implied.
5.6. Insofar as they apply to warranties relating to Products supplied by Transtek, these Standard Warranty Terms and Conditions are governed by and must be construed according to the law of the State of Western Australia and the parties submit to the jurisdiction of the courts in that State.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended.
