carbontek3d

Additive Manufacturing - Industrial 3D Printing

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Terms and Conditions

  1. Application of Terms

    These terms and conditions govern the legal agreement between the PURCHASER and CARBONTEK and supersede any previous representations and communications.

    The purchase of goods or services (GOODS) from CARBONTEK or through CARBONTEK.com.au (Website) is subject to these Terms and Conditions of Sale (Terms). If the PURCHASER does not accept these Terms, the PURCHASER must refrain from using this website or placing an order with CARBONTEK.

    Purchases through the CARBONTEK Website

    Clauses 1-3 and 9-22 apply to the PURCHASER if the PURCHASER orders product(s) through the Website.

  2. Order & Payment

    Representations of GOODS for sale made by the Website do not constitute an offer to sell but an invitation to treat.

    By placing an order for any of the GOODS through our Website the PURCHASER is offering to purchase the GOODS.

    Where CARBONTEK accepts the offer, CARBONTEK will supply the GOODS to the PURCHASER in accordance with these Terms.

    All orders through the Website are subject to availability and confirmation of the order price. Whilst CARBONTEK make all efforts to ensure that pricing is accurate, errors can occur.

    If the order is not accepted by CARBONTEK, CARBONTEK will notify the PURCHASER by telephone or email and arrange for a full refund of any payment made by the PURCHASER. CARBONTEK may, in its sole and absolute discretion, accept or reject any offer made by the PURCHASER for any reason (or no reason), including an error in the advertised price.

  3. Title & Risk

    Title and risk in the GOODS, such as loss and damage, passes to the PURCHASER on delivery of the GOODS to the delivery address provided by the PURCHASER at the time of the order.

  4. Offer

    Upon selecting the GOODS, CARBONTEK will offer the PURCHASER a quote outlining all fees and expenses relating to the supply of the GOODS.

  5. Acceptance

    If the PURCHASER is issued a quote and wishes to proceed with the order, CARBONTEK will request acceptance of this quote. After accepting the quote offered by CARBONTEK, confirmation and an invoice will be issued to the PURCHASER.

  6. Payment

    The payment of invoices for the supply of ordered GOODS is due up front at the time the invoice is issued.

    If the PURCHASER is only ordering services, 50% of the payment of the fees is due up front at the time the invoice is issued. The outstanding 50% of the payment of the fees is due upon completion of delivery of the services.

    If full payment is not made within the agreed time, CARBONTEK reserves the right to charge interest on any outstanding monies owed to them.

  7. Title & Risk

    Title in the GOODS passes to the PURCHASER on payment in full of all amounts invoiced to the PUCHASER by CARBONTEK.

    Risk, such as loss and damage, passes to the PURCHASER on delivery.

  8. Delivery

    CARBONTEK will use reasonable endeavours to meet delivery dates quoted. Any delivery dates quoted are only best estimates.

    Under no circumstances will CARBONTEK be liable for any loss or damage arising from late or non-delivery.

    Delayed delivery of GOODS does not constitute grounds for cancellation of the order or termination of the agreed contract.

  9. Delivery Costs

    Unless otherwise agreed in writing, the price stated in the quote or on the Website for GOODS is exclusive of freight, delivery, insurance, handling, storage and packaging and any other expenses.

    In addition to the price for the GOODS, the PURCHASER may also need to pay a delivery charge (Delivery Charge), which if the PURCHASER ordered through the Website will appear in the cart or if the PURCHASER purchase directly from CARBONTEK will be included in the quote or invoice.

    By placing an order with CARBONTEK, the PURCHASER agree to pay the price for the GOODS and any Delivery Charge.

  10. Cancellation & Returns

    The PURCHASER may cancel the order where CARBONTEK has breached a material term of these Terms.

    In all other circumstances, CARBONTEK may accept cancellation for the order at its absolute and sole discretion provided the PURCHASER contact us by email as soon as possible and the order has not yet been processed.

    Where a cancellation has been accepted by CARBONTEK, CARBONTEK reserves the right to charge a fee the PURCHASER

    GOODS made to order cannot be returned for credit.

    1. The PURCHASER must obtain from CARBONTEK authorisation before returning the GOODS.
    2. The PURCHASER will only be eligible to return GOODS supplied within 30 days of supply date.
    3. The PURCHASER will be liable for the costs of returning the GOODS and any costs of remedying GOODS not returned in a saleable condition and in original packaging.
    4. CARBONTEK reserves the right to make a handling and restocking charge of 25% on all GOODS returned for credit.

    CARBONTEK reserves the right to refuse or cancel an order if it unable to fulfill an order due to circumstances beyond its control.

  11. Warranties

    Except as expressly set out in these Terms, and subject to any terms, warranties or conditions that by law may not be excluded (including those under the Australian Consumer Law), all conditions, warranties, terms, and obligations expressed or implied by law or otherwise relating to the performance of CARBONTEK's obligations under these Terms, or any GOODS supplied, or to be supplied, by CARBONTEK under these Terms, are excluded and the rights set out in this clause 11 are the sole and exclusive remedies with respect to the GOODS and services.

    Nothing in these Terms purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights under the Australia Consumer Law and other Australian laws which cannot be modified or excluded.

    CARBONTEK warrants that all GOODS supplied by CARBONTEK to the PURCHASER will be free of defects in materials and manufacture until the date falling 3 months from the date of delivery of the GOODS or services (WARRANTY PERIOD).

    If GOODS are damaged upon delivery, the PURCHASER is required to contact CARBONTEK immediately. Do not return the GOODS before CARBONTEK instructs to do so. Please ensure that all GOODS are returned unused and in full packaging so CARBONTEK can assess the damage appropriately.

    CARBONTEK’s warranty does not cover:

    1. Maintenance, repair or replacement of any GOODS due to fair wear and tear;
    2. Maintenance, repair or replacement of any GOODS due to misuse; and
    3. Maintenance, repair or replacement of externally exposed parts where damage has resulted from ordinary use of the GOODS.

    CARBONTEK does not warrant or guarantee that any artefact created through use of the GOODS will be fit or available for any particular purpose.

    This warranty is not transferable or assignable.

  12. Liability

    The liability of CARBONTEK and its employees or agents for a breach of any warranty or liability which cannot be excluded, restricted or modified by law is limited, at CARBONTEK's option to:

    1. the replacement of the GOODS or supply of equivalent GOODS;
    2. the repair of the GOODS;
    3. refunding the amount paid for the GOODS or services;
    4. re-performing the services; or
    5. subject to the prior agreement between CARBONTEK and the PURCHASER, the payment of the costs of replacing the GOODS or the payment of having the GOODS repaired.

    Notwithstanding anything to the contrary in these Terms, the liability of the CARBONTEK howsoever arising shall in no circumstances exceed the amount paid by the PURCHASER to CARBONTEK for the supply of the GOODS.

    In no event, whether for breach of warranty, breach of contract, negligence or otherwise shall CARBONTEK be liable for any indirect, special, incidental or consequential damages including without limitation loss of profit or revenues and downtime costs sustained by the PURCHASER or their PURCHASER to the full extent such may be disclaimed by law.

    CARBONTEK is not liable for any loss or damage where GOODS are not used in accordance with all instructions, directions and Safety Guidelines provided by CARBONTEK.

    CARBONTEK make no representations concerning the functionality and worth of the artefacts created through the use of the GOODS and we are not responsible for any copyright compliance, or legality of material or content created by the PURCHASER.

  13. Indemnity

    To the maximum extent permitted by law, the PURCHASER indemnifies CARBONTEK against all loss (including claims by third parties) arising out of or in connection with the performance of the services, supply of the GOODS or the PURCHASER’s breach of the Agreement.

    This indemnity includes legal costs on an indemnity basis and any GST payable by CARBONTEK in relation to this indemnity.

  14. Restrictions

    All GOODS supplied by CARBONTEK shall only be used for purposes that are compliant with Australian law.

  15. Application of the Personal Property Securities Act 2009

    In this clause 16, PPSA means the Personal Property Securities Act 2009. If a term used in this clause has a particular meaning in the PPSA, it has the same meaning in this clause.

    CARBONTEK and the PURCHASER acknowledge that these Terms constitute a Security Agreement and give rise to a Purchase Money Security Interest in favour of CARBONTEK over the GOODS supplied or to be supplied or the proceeds of the GOODS supplied to the PURCHASER pursuant to these Terms.

    The PURCHASER acknowledges and agrees that CARBONTEK may apply to register a Purchase Money Security Interest or any other Security Interest in the GOODS at any time before or after delivery of the GOODS. The PURCHASER waives its right under s 157 of the PPSA to receive notice of any verification of the registration.

    CARBONTEK can apply amounts it receives from the PURCHASER towards amounts owing to it in such order as CARBONTEK chooses.

    If the PURCHASER defaults in the performance of any obligation owed to CARBONTEK under these Terms or any other agreement for CARBONTEKto supply GOODS to the PURCHASER, CARBONTEK may enforce its Security Interest in any GOODS by exercising all or any of its rights under these Terms or the PPSA. To the maximum extent permitted by law, the PURCHASER and CARBONTEK agree that the following provisions of the PPSA do not apply to the enforcement by CARBONTEK of its Security Interest in the GOODS: sections 95, 117, 118, 121(4), 125, 129(2), 129(3), 130, 132(3)(d), 132(4), 135, 142 and 143.

    The PURCHASER and CARBONTEK agree not to disclose information of the kind mentioned in s 275(1) of the PPSA, except in circumstances required by sections 275(7)(b)-(e) of the PPSA.

    The PURCHASER must promptly do anything required by CARBONTEK to ensure that CARBONTEK’s Purchase Money Security Interest or any other Security Interest is a Perfected Security Interest and has priority over all other Security Interests in the GOODS.

    The PURCHASER must not do or permit anything to be done that may result in the Purchase Money Security Interest or any other Security Interest granted to CARBONTEK ranking in priority behind any other Security Interest.

    Nothing in this clause is limited by any other provision of these Terms or any other agreement between the parties.

    The PURCHASER gives CARBONTEK a Security Interest in all of the PURCHASER’s present and after-acquired property in which GOODS or materials supplied or financed by CARBONTEK have been attached or incorporated.

  16. Termination

    Either party may, without affecting any other rights they may have, terminate or suspend any contract with immediate effect by giving notice to the other party if the other party:

    1. breaches any provision of the Terms and fails to remedy the breach within 7 days after notice requiring them to do so;
    2. breaches a material provision of this Agreement where that breach is not capable of remedy;
    3. ceases to be able to pay their debts as they become due; or
    4. becomes subject to any form of insolvency or bankruptcy action that is not dismissed within 60 days.

  17. Applicable Law

    These Terms shall be governed by the laws of South Australia and the parties agree to submit to the non-exclusive jurisdiction of the Courts of South Australia.

  18. Enforce-ability

    Each provision of the agreement between the PURCHASER and CARBONTEK is divisible. The invalidity or unenforceable of any provision within the agreement shall not affect the validity or enforce-ability of the agreement as a whole.

  19. Safety Precautions

    CARBONTEK's Safety Guidelines and any product specific safety guidelines provided by CARBONTEK to the PURCHASER are incorporated into these Terms. These are available HERE

  20. Maintenance Guidelines

    CARBONTEK'S Maintenance Guidelines and any product specific maintenance guidelines provided by CARBONTEK to the PURCHASER are incorporated into these Terms. These are available HERE