Terms

Definitions

“ACL” means the Australian Consumer Law

“Customer” means the buyer of the goods

“Goods” means the products and services offered by Filtech Pty Ltd

“Filtech” means Filtech Pty Ltd, ABN 85 167 012 848 of Unit 26, 124-130 Auburn Street, Wollongong, NSW, 2500

“Terms” means these terms and conditions and any agreement entered into for the provision of Goods by Filtech to the Customer including but not limited to any credit application made by the Customer to Filtech.

Acceptance of Goods

Filtech reserves the right to accept or reject any order for Goods and may withhold Goods contracted to be sold if there are reasonable grounds to doubt the solvency of the Customer. In such circumstances the Customer agrees that Filtech may withhold Goods without repudiating the contract and without incurring any liability whatsoever.

Terms of Sale

These conditions apply to the Goods sold by Filtech. They may only be waived or varied in writing signed by Filtech and shall prevail over all conditions of the Customer’s order or other documents to the extent of any inconsistency.

Pricing & GST

1. All prices are quoted in Australian Dollars (AUD), and are exclusive of Australian Sales Tax and Goods and Services Tax (GST).
2. Prices are correct at time of circulation. However, pricing may be subject to change without notice. They may also vary due to fluctuations in rates of freight, cost of materials and production.

Delivery

1. Filtech will make every reasonable effort to have the Goods delivered to the Customer within the agreed delivery period. However, Filtech accepts no responsibility for loss, damage, delay or non-delivery occasioned to the Customer or its customers arising from late or non-delivery or any other circumstances beyond the direct control of the supplier.
2. Confirmation of Customer delivery address must be provided at time of order placement (PO Box will not be accepted)
3. Parcels returned to Filtech as undeliverable will incur a re-dispatch fee to the Customer. Freight charges paid for the original dispatch are not refundable to the Customer

Payment

1. Prepayment of goods is made at time of order placement via Customer Mastercard or Visa. Payment by credit card may attract an administration fee.
2. Unless otherwise agreed, if the Customer has an approved credit account, payment must be made in full within 30 days of the date of invoice. Filtech reserves the right to withhold deliveries when accounts become overdue.
3. All goods remain the property of Filtech Pty Ltd until invoice is paid in full.
4. Customers who are unable to complete payments through the website can arrange payment by credit card or EFT by contacting Filtech Head Office;
   Phone - 1800 005 755 or email sales@filtech.com.au.

Liability

1. Except as specifically set out in these Terms, or contained in any warranty statement provided with the Goods, any term, condition, warranty or consumer guarantee in respect of the Goods, whether implied by statute, common law, trade usage, custom or otherwise, is hereby expressly excluded to the maximum extent permitted by law.
2. The Customer must ascertain the suitability of the products for any intended purpose. Preliminary testing of the products before use or application is recommended. To this end, samples are made available if required.
3. Filtech is limited to the replacement or supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods. Filtech shall be under no liability to the buyer for any loss (including but not limited to loss of profits and consequential loss) of any kind whatsoever arising out of the supply or failure to supply the goods.

Warranty

1. Filtech offers a limited warranty for its Goods against defects and workmanship and materials, subject to the limitations and exclusions set out in this warranty which is given subject to and in addition to other rights and remedies the Customer has under any law in relation to the goods to which this warranty relates, including but not limited to the rights provided by the ACL. This warranty does not limit or restrict the Customers rights.
2. Filtech warrants that, subject to the exclusions and limitations set out in these Terms, the Goods provided by Filtech will be free from defects in materials and workmanship under normal usage (“Warranty”)
3. To the maximum extent permitted by law, this Warranty does not cover;
   1. products packaged or labeled by someone other than Filtech or its authorised agents;
   2. products not used in compliance with the specifications or Goods not cared for or used, serviced or maintained in accordance with the product manuals, instructions or training provided by Filtech;
   3. defects due to misuse, alteration, unauthorized repair or negligent handling, or defects due to lack of care neglect or accident by the Customer, or servant of agent of the Customer, including but not limited to storage or handling of the Goods;
   4. personal injury, property damage, consequential or economic loss, however caused;
   5. modification, repair or alterations of the Goods by someone other than Filtech; or
   6. goods that have been subject to abnormal conditions, whether of temperature, water, humidity, pressure, stress or similar.
4. All warranty claims must be made within the timeframe stipulated in this warranty for the Warranty to be honoured by Filtech.
5. All warranty claims must be made within the timeframe stipulated in this warranty for the Warranty to be honoured by Filtech.
6. If a defect appears in the Goods before the end of the Warranty Period and Filtech finds the Goods to be defective, Filtech will, in its sole discretion, either;
   1. replace or repair the Goods or the defective part of the Goods free of charge;
   2. cause the Goods or the defective part of the Goods to be repaired or replaced free of charge; or
   3. refund the purchase price of the Goods to the Customer
7. If a fault covered by this Warranty occurs in relation to Goods, the Customer must notify Filtech in writing to sales@filtech.com.au or fax @ (02) 4229 9655 to advise of the fault, including details of the nature of the warranty claim and the purchase order and invoice number as well as item, batch and or serial number. Filtech will contact the Customer and, where possible assess the claim over the telephone.
8. Provided that a claim is made within the Warranty Period and the Warranty applies, all direct costs associated with the replacement of the Goods will be borne by Filtech. Filtech may, in its sole discretion choose to have the Goods returned to Filtech for any warranty investigation or replacement or repair, with the costs of transport each way to be borne by Filtech for valid warranty claims.
9. Where Filtech incurs costs in investigating a warranty claim that is ultimately deemed by Filtech not to be valid, the Customer shall be liable to reimburse Filtech for all freight and other incidental costs incurred by Filtech in its investigations of the warranty claim by the Customer.
10. The Warranty is limited to defects in the materials or workmanship of the Goods and does not cover expendable or ancillary items, consumable items or the replacement of Goods due to fair wear and tear, abuse or misuse.

Return Policy

1. Notification of damaged, incorrect or missing products must be received by our Customer Service Department within 48 hours of your parcel being signed for.
2. Should your parcel contain a damaged or faulty item, Filtech Pty Ltd will provide instructions on how to return goods in an appropriate manner. These details can be obtained either by telephone on 1800 005 755 or by email at sales@filtech.com.au, at which point a replacement or refund will be arranged.
3. Acceptance of the return of Goods is at the discretion of Filtech and will not be processed without prior authorisation and issue of a Returns Authority Number.
4. Filtech will be given the opportunity to inspect the Goods and investigate the complaint before any further dealing.
5. Claim for return of incorrectly ordered goods or change of mind, must be made within seven (7) days of the delivery of goods and must be returned in their original packaging, undamaged and unopened. The Customer will cover all outgoing and incoming freight charges, and will incur a restocking fee of the higher of $100 or 30% of the value of the Goods.
6. For information regarding the return of goods purchased online, please contact our Team in one of the following ways;
   Phone: 1800 005 755
   Fax: 02 4229 9655
   Email: sales@filtech.com.au

Claims

In the event that any prices/charges made by Filtech are in dispute, the Customer must notify Filtech of such disputed prices/charges within 30 days from date of invoice. Claims disputing receipt of Goods must also be made within 30 days of date of invoice.

Industrial Property Rights

The Customer shall not alter, remove or in any way tamper with any of the trade or other marks or numbers of Filtech attached to or placed upon the Goods, their packaging or any promotional or marketing material.

Privacy

Filtech agrees not to disclose details provided in your customer profile to any Third Party unless otherwise required for the purpose of Warranty or Training issues.