Privacy Policy & Terms

TERMS & CONDITIONS

If You have any questions, please contact us

The following are terms of a legal agreement between you and Emicro Pty Ltd. References to “you” or “your” shall relate to anyone that shops, accesses, or otherwise uses the Site www.emicro.com.au, herein called the “Site”. By visiting or otherwise using or accessing this Site, you acknowledge that you have read, understood, and agree to be bound by these terms and that you agree to comply with all laws and regulations.

CONSENT TO JURISDICTION AND TO VENUE

Any claim relating in any way to your accessing the Site or to products you purchase through the Site shall be governed by the laws of the State of New South Wales without regard to conflict of law rules. By using the Site, you consent to jurisdiction of the Federal and State Courts located in Sydney, New South Wales, to hear any such claims and you further consent that any legal claims you have relating to such visit or the purchase of such products shall be heard exclusively in such Sydney courts and shall not be heard in the courts of any other jurisdiction or venue.

COPYRIGHT

The Site is owned and operated by Emicro Pty Ltd. All materials and items on this Site, including, but not limited to, text, graphics, logos, design, icons, and images, are the property of Emicro Pty Ltd, or its content suppliers, and is protected by Australian and international copyright laws. Except as stated herein, none of the material may be used, copied, distributed, downloaded, displayed, transmitted in any form or by any means, without the prior written permission of Emicro Pty Ltd. Site visitors may copy and download the materials on this Site for personal, non-commercial use only, provided they do not change the materials, and they retain all copyright and proprietary notices in the materials.

ELECTRONIC RECORD

By visiting the Site, or sending e‐mails to us, you are communicating with us electronically. You agree to receive communications from us electronically by e-mail. You agree that all records or agreements made to you electronically shall be deemed to satisfy any legal requirements that such records or agreements be in writing.

ACCOUNTS

The Site sells products which may be useable by children. However, such products are intended for purchase by adults only. The Site cannot prohibit minors from visiting this Site. We must rely on parents, guardians and those responsible for supervising minors under the age of 18 to decide which materials are appropriate for such children to purchase. If you are under 18 years of age, you may submit personal information (name, address, phone number, etc.) only with a parent or guardian’s participation and permission. If you provide any personal information such as address, credit card number or any other personal information, you confirm that you are over the age of 18 or have parental-guardian participation and permission.

DISCLAIMER & LIMITATION OF LIABILITY

All aspects of the Site are provided “as is” and without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Emicro Pty Ltd does not warrant that the functions contained in the Site will be uninterrupted or error‐free or that defects will be corrected. Emicro Pty Ltd does not warrant or make any representations regarding the use or the results of the use of the Site. Emicro Pty Ltd uses reasonable efforts to include accurate and up‐to‐date information on the Site. However, errors or omissions may occur Emicro Pty Ltd makes no warranties or representations as to the accuracy of the Site.

Under no circumstances including, but not limited to, negligence by act or omission, shall Emicro Pty Ltd, or any party involved in creating, producing, or delivering the Site, be liable for any damages, including but not limited to direct, indirect, consequential or punitive damages, that result from the use of or attempts to use the Site even if Emicro Pty Ltd, or a Emicro Pty Ltd authorized representative, has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall use total liability to you for all damages, losses, and causes of action exceed the amount paid by you for accessing the Site. Emicro Pty Ltd does not warrant the Site to be free of viruses, assumes no responsibility and shall not be liable for any damages to, or for viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site. You expressly agree that use of the Site is at your sole risk.

PRICING & AVAILABILITY POLICY

Prices are in Australian dollars. Prices and availability are subject to change without notice. Errors will be corrected on the Site where discovered, and Emicro Pty Ltd reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted).

LINKS TO THIRD PARTY WEB SITES

The Site may contain links to other sites for added information purposes Emicro Pty Ltd makes no representations whatsoever about any other web site which you may access through the Site. Any link at the Site to a third-party web site does not imply and does not constitute sponsorship, endorsement, approval or responsibility for the content, or the use of such third-party web site. Emicro Pty Ltd makes no representation or warranty as to any third-party products or services on such sites.

POLICY UPDATES AND SEVERABILITY

Emicro Pty Ltd may change our Site, our policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of the remaining condition.

QUOTATION VALIDITY

Quotations from Emicro Pty Ltd, unless otherwise stated, will be firm for a period of 30 days, thereafter subject to supply and price fluctuations without notice.

SHIPPING AND RESPONSIBILITY FOR SHIPPING CHARGES

Orders that are refused, unclaimed, and returned to us, will still be obligated to pay the original shipping and handling fee. Please note, once an order has left our location, shipping and handling is a non-refundable fee. All shipments are made on the following basis:

All deliveries are made to curbside (or dock) of delivery Address only. The purchaser acknowledges that it is their responsibility to provide labour and equipment to unload and position the goods on site at the purchaser’s expense.
Insurance for goods in transit is not included in the purchase price. If insurance is required by the purchaser, it must be arranged by the purchaser either direct with the carrier or their insurance agent.
Purchase price does not include unpacking, placement or positioning of equipment or connection to services or removal of rubbish and packing crates.
Where orders arrive on chep pallets, the chep pallets need to be returned to the driver on the day of delivery. If pallets cannot be exchanged on the day of delivery, orders will not be left with the receiver, unless the receiver accepts liability for ongoing hire costs and pick up costs associated with each chep pallet

ORDER PROCESSING AND DELIVERY TIMES

Orders are normally processed within 24hrs. Please note that Custom colours may attract a surcharge. Colour spraying of natural timber can result in variances of light and dark shades, due to grain density and texture. If you provide a colour sample, whilst all attempts will be made to match if perfectly, we cannot guarantee this. Timber is a natural product, therefore it will display variances in grain texture, gum veins, knots and colour. These are not faults or imperfections, but part of the character of the timber. Orders will vary from stock items on display. Delivery/Installation will be booked once payment has been paid in full. Installation date will be confirmed on payment. Any delays in payment may result in delay of delivery/installation.1. Quotations 1.1 Subject to paragraphs 1.2, 2, 3 and 4, all prices are based on work specified in the quote (or the verbal instructions given at time of order). Quotes are valid for a period of 30 days from the date. Quotes will be deemed accepted upon customer making order

Delivery of in-stock items is usually 7-14 business days to metro areas. Contact us to confirm availability and delivery time if your order is urgent. DELIVERY SERVICE IS CURB SIDE ONLY. Customer is required to unload manually or provide their own forklift.

Please advise immediately if a later delivery date is required in order to avoid additional shipping and storage charges. Items not in stock and items manufactured to order will have extended delivery times. Customer can contact Emicro Pty Ltd for up to date delivery time estimates and current stock levels. Time of delivery will be complied with wherever possible, however it is not guaranteed, and is subject to extensions to cover delays caused by manufacture and transport delays beyond Emicro Pty Ltd control.

INSTALLATION SERVICE

Emicro Pty Ltd can arrange 3rd party contractors to carry out installations for our customers. Installation quotes are based on the following:

free parking is provided on or near site;
all products to be located by customer in the area products are to be installed;
all protective wrapping to be removed from the products by the customer;
products to be installed as noted in quote;
no changes to layout plans provided by customer;
all infrastructure obstructions to be noted on plans provided by customer;
disposal of protective packaging materials off site is not included;
site access is available without delays or interruptions during work hours (9-5pm) on installation days;
site induction time not included.

An additional charge of $100 plus GST per hour will be charged for all time required to attend issues above, plus costs.

PAYMENT

Unless otherwise agreed expressly in writing, full payment is required within seven (7) days from date of our Tax Invoice.

Customers who require thirty (30) day payment terms must complete Emicro Pty Ltd Supply of Credit Form for consideration:
A 50% deposit is required for all Custom-Made orders, and all orders where the Amount Due is more than $5,000. Commercial Deposits are 20% on acceptance and Progress Payments as contractually agreed by both parties.
Emicro Pty Ltd will store customer orders for up to sixty (60) days at no additional charge. Goods stored longer than sixty (60) days, will incur a storage charge of 4% of the total Amount Due.
Payment can be made by Direct Debit, EFT, credit card (1.5% surcharge) or cheque. Payment details will be on our Tax Invoice.
Emicro Pty Ltd does not accept Retentions unless stated in contract agreement between both parties.
Liquidated damages payable by Emicro Pty Ltd for delay in the contracted delivery date of goods shall be capped at an amount of 2% of the quotation value and payable at not more than $100 per week, for each week the delay extends beyond the contracted delivery date

Payment details will be included on our Tax Invoice. Please reference the Invoice number on all payments. Methods of payment are:

Direct Debit
Credit Card
Visa and MasterCard are accepted with a 1.5% credit card surcharge.
Payment is made online.
Electronic Funds Transfer EFT
Emicro Pty Ltd
Commonwealth Bank
BSB: 062 832
Account: 1034 8833
Online Payments

OVERDUE ACCOUNTS

Overdue accounts will be subject to interest at the rate prescribed by the Penalty Interest Rates Act (Vic) plus 2% calculated for the period the account is due until the date it is paid. Collection and legal costs and interest will be added to overdue accounts. In addition, an account keeping Fee of $20.00 per month will be imposed on overdue Accounts.

PASSING OF TITLE

Property in any goods sold will not pass until payment for those goods is made in full. The Customer shall keep such goods separate and shall allow access to the Supplier to repossess such goods where this account is more than 30 days overdue of where the Customer goes into receivership, liquidation or administration.

REFUNDS & RETURNS

Before returning any products, you must email us at hello@emicro.com.au for return authorization. Shipping returns are at the buyer’s expense. Please make sure you return your products by a traceable method (a tracking number) as we are not responsible for lost packages being returned. Emicro Pty Ltd Return Policy includes a $100 administration and restocking fee. Shipping charges are non-refundable. After 30 days no returns are accepted.

All products returned must be in new condition (as we sent it) and complete with all original packaging. Emicro Pty Ltd will inspect all items returned. Upon approved inspection, full credit (less shipping, administration and restocking charges) will be issued back to you. Product returns that are not in the original condition will either be refused or subject to further charges at our discretion. Custom Orders are unable to be returned or cancelled once ordered.

WARRANTY

Emicro Pty Ltd Unless expressly set out herein, all warranty and issues in relation to any supply by Emicro Pty Ltd are expressly excluded after 7 working days on receipt of goods (unless warranties cannot at law be excluded). Any warranties and therefore cost associated with the repair of the job will be honored by Emicro Pty Ltd after the payment in full has been made by the client. Liability To the fullest extent permitted by law, except as provided herein, Emicro Pty Ltd shall not be liable to the customer in contract or tort any damage or for consequential loss or damage of any kind arising out of the supply of the goods and/or services, or arising out of negligence Emicro Pty Ltd, or in any way whatsoever. Emicro Pty Ltd acknowledges liability for implied warranties under Trade Practices Act 1974, (the Act) provided that liability for a breach of a condition or warranty implied by Division 2 of Part V of the Act (other than section 69) is hereby limited to: 1. In the case of goods, any one or more of the following: a) The replacement of the goods or the supply of equivalent goods; b) The repair of the goods; c) The payment of the cost of replacing the goods or of acquiring equivalent goods; d) The payment of the cost of having the goods repaired; or 2. In the case of service: a) The supplying of the service again; or b) the payment of the cost of having the services supplied again.

Force Majeure, Emicro Pty Ltd will not be liable for any loss, damage or expense suffered or incurred by the customer where such loss is associated by any cause beyond Emicro Pty Ltd reasonable control, including and without limiting the generality of the foregoing by war , insurrection, terrorism, fires, floods, strikes, lockouts, delays in transport, breakdowns in machinery, the inability or failure of a supplier to supply necessary materials, or prohibitions or other action by any government or semi-government authority.

Emicro Pty Ltd warranty does not cover improper installation, neglect, vandalism or mis-use.

Emicro Pty Ltd will repair or replace at its option any product or part which it determines to contain defective material and workmanship. Defective goods must be returned to Emicro Pty Ltd for repair or replacement. Shipping costs to return the goods to Emicro Pty Ltd and for the repaired or replaced goods to be shipped back to the buyer, and any other costs associated with the return of the goods, will be the responsibility of the buyer. Liability for replacement goods carried out by Emicro Pty Ltd does not extend the original warranty period.

Our warranty does not extend to “fair wear” and “tear”, negligent or incorrect use or installation of our products.

THE PURCHASER ACKNOWLEDGES AND AGREES WITH:

That it is satisfied that the goods are suitable for its intended purpose;
That in all matters relating to the goods, the Purchaser has relied and will rely entirely upon the Purchaser’s own judgment;
That no warranty as to the fitness for any particular purpose will apply to this contract. Delivery and/or installation shall be conclusive evidence that the goods accord in any respect with the Purchaser’s requirements and are in good condition and complete in all respects.
That any implied warranty or condition, whether Statutory or otherwise, and whether as to the quality, state, condition or fitness for any particular purpose or as to any other matter or thing whatsoever is hereby expressly excluded from this contract.

GENERAL

Emicro Pty Ltd is an Australian company located at 14/34, Kam Close, NSW 2264, advice, recommendation, information, assistance or service provided by Emicro Pty Ltd in relation to goods or services sold or installed by it or their use or application is given in good faith and is believed by Emicro Pty Ltd to be appropriate and reliable. The Purchaser acknowledges that such advice, recommendation, information, assistance or service are provided as an act of good faith and do not indicate any expertise peculiar to Emicro Pty Ltd and acknowledges that such advice, recommendation, information, assistance or service is provided without liability or responsibility on the part of Emicro Pty Ltd T/A.

The Purchaser agrees regardless of any negligence on the part of Emicro Pty Ltd, to release, hold harmless, indemnify and keep indemnified, Emicro Pty Ltd from and against all liabilities, claims, damages, losses, costs and expenses of whatever nature, however occurring, which may accrue against or be suffered by Emicro Pty Ltd arising out of or in any way connected with the performance of the services, unless caused by wilful misconduct of Emicro Pty Ltd or any of its agents or employees acting within the scope of their employment. Nothing in this agreement is intended to limit or exclude any warranties implied by the Trade Practices Act, including the warranty that the services will be rendered with due care and skill.

ACCEPTANCE OF TERMS & CONDITIONS

These Terms & Conditions represent the entire agreement between you and Emicro Pty Ltd regarding your relationship with Emicro Pty Ltd, and supersedes all other statements and representations.

By using the Site YOU AGREE TO BE BOUND BY THESE CONDITIONS OF USE. If you are dissatisfied with the Site or any content on the Site or with these Conditions of Use, your sole and exclusive remedy is to discontinue using the Site.

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