TERMS & CONDITIONS
MERCATOR LIGHTING PTY LTD ACN 005 946 958
1. AGREEMENT
1.1 An agreement is formed between Mercator and the Customer for the purchase of the Product/s as specified in an Order (Agreement) once Mercator issues an Order Confirmation to the Customer in respect of that Order.
1.2 The Agreement comprises the Order, the Order Confirmation, invoice and these terms and conditions and any Additional Terms as specified.
2. PRICE
2.1 The price payable by the Customer to Mercator for the Product/s is the price specified in the Order Confirmation (Price).
3. PAYMENT
3.1 Where the Customer wishes to purchase immediately, the Price is payable in full upon submission of the Order by customer.
3.2 Where the Customer wishes to place an Order for future delivery (Forward Order) a deposit of 10% of the Price is payable upon submission of the Order by the Customer.
3.3 Subject to clauses 4 and 5.5 the deposit is non-refundable.
3.4 Full payment of the Price is required prior to the delivery of the Product/s.
3.5 If the Agreement relates to two or more Products and they are delivered on different dates, that part of the Price (or the balance of it) which relates to the Product to be delivered on a particular date is payable prior to that date.
4. REFUND OF PAYMENT
4.1 Where the Customer has placed or wishes to place an Order and the Product/s are currently unavailable, Mercator will advise the Customer in relation to availability. If the anticipated date on which the Products will be available for delivery is delayed and /or unacceptable to the Customer, Mercator will at the Customer’s request, cancel the Order, or part thereof, and refund any payment received in respect of the Product/s that have not been supplied.
4.2 Where payment by the Customer has been made by credit/debit card, a refund can only be made to the same credit/debit card or otherwise by cheque.
4.3 Where payment by the Customer has been made by cash or cheque, a refund can only be made by cheque.
5. DELIVERY
5.1 Subject to clause 5.2, Mercator will deliver the Product/s to the location specified in the Order. Where no location is specified, Mercator will deliver the Product/s to the Customer's address as set out in the Order.
5.2 Mercator is not required to deliver the Product/s in accordance with clause 5.1 if the location to which the Product/s are to be delivered is outside of a metropolitan capital city or a major regional centre. In those circumstances, Mercator may notify the Customer of the location at which the Product/s will be available for delivery and the Customer must make their own arrangements for collection.
5.3 The delivery date will be the date specified in the Order or, if no date is specified, such date as the Customer and Mercator agree (Delivery Date).
5.4 Mercator will use reasonable commercial endeavours to deliver the Product/s on or about the Delivery Date. If Mercator is unable to deliver the Product/s by the Delivery Date, it will use reasonable endeavours to do so within a reasonable period after the Delivery Date.
5.5 If the model of the Product/s is discontinued or superseded and not available for delivery on the Delivery Date, Mercator will notify the Customer as soon as practicable prior to the Delivery Date that:
(a) Mercator is prepared to instead supply a model of equivalent or superior standard, and specify that model and any addition to the price for the model change; or
(b) there is no equivalent model available and this Agreement is therefore terminated with immediate effect.
5.6 Where clause 5.5(b) applies, Mercator will refund any monies paid in accordance with clause 4.
5.7 If the Customer accepts Mercator's offer of an alternative model in accordance with clause 5.5(a), the Product/s and the Price will be taken to be varied as per Mercator's offer. If the offer is rejected by the Customer, this Agreement is thereby terminated with immediate effect and Mercator will refund any monies paid in accordance with clause 4.
5.8 Mercator will deliver the Product/s at a time agreed between Mercator and the Customer during business hours (Delivery Time). In the event that the Customer is unable to accept delivery at the Delivery Time, the Customer will be liable to pay Mercator a fee to have the Product/s re-delivered at a new delivery time, as agreed between Mercator and the Customer. This re-delivery fee is payable by the Customer prior to Mercator re-delivering the Product/s at the new delivery time.
5.9 Where the Customer accepts delivery of the Product/s and subsequently wishes to change the Product/s for different Product(s) (including where the Customer has ordered the incorrect product), Mercator may, in its discretion, agree to accept return of the relevant Product/s from the Customer (at the Customer's own cost) and provide replacement Product/s to the Customer provided that:
- (a) the Product(s) is in an undamaged condition and has not been used;
- (b) the Customer pays any difference between the price of the Product/s being returned and the replacement product/s selected; and
- (c) the Customer pays a re-stocking fee of 20% of the price of the Product/s returned.
5.10 The Customer acknowledges that this re-stocking fee represents the costs incurred by Mercator in accepting and re-stocking the returned Product/s. Mercator will not impose the re-stocking fee where the Customer is not at fault (ie. where the Vento retail agent submits an incorrect order on the Customer’s behalf).
5.11 If the Customer fails to accept delivery of the Product/s by Mercator within 30 days of being notified by Mercator that they are ready for delivery, Mercator may give the Customer 5 business days notice of termination of this Agreement. If the Customer fails to collect or accept delivery within that notice period, this Agreement is terminated on expiry of that period. The Customer acknowledges that Mercator will be entitled to retain any monies paid by the Customer and Mercator will be under no obligation to make subsequent delivery of the Product(s).
6. PRODUCT INSTALLATION
6.1 Product installation is the responsibility of the Customer.
6.2 Product(s) should be installed by a qualified electrician in accordance with the Mercator installation instructions that accompany each product.
6.3 A failure to ensure that the Product/s are professionally installed in accordance with the instruction manual may affect the Mercator express warranty offered under clause 8.3.
6.4 Mercator is not liable for any loss or damage to Product/s which occurs during installation.
7. OWNERSHIP AND RISK
7.1 Mercator remains the owner of the Product/s until the Price is paid in full to Mercator and the Product/s have been delivered to the Customer.
7.2 The Customer must not sell or otherwise deal with the Product/s until the Price is paid in full to Mercator. If the Customer purports to do so, the Customer will be deemed to hold the proceeds of sale or other realisation on trust for Mercator.
7.3 The risk of loss of or damage to the Product/s passes to the Customer upon delivery.
8. WARRANTY
8.1 Mercator quality assurance means that Vento products are engineered to last many years under normal household use.
8.2 Warranties and conditions as to the merchantability and fitness for purpose of the Product/s are implied under Australian consumer protection legislation. The warranty in clause 8.3 is independent of, and does not exclude or limit, any non-excludable statutory warranties and conditions implied by such legislation.
8.3 Subject to clause 8.7, Mercator warrants that the Product/s will be free from defects in materials and workmanship for a period of 5 years from date of invoice for the particular Product/s.
8.4 To the extent permitted by law, Mercator's liability in relation to defective Product/s, is limited to:
- (a) repair of the Product/s;
- (b) replacement of the Product/s; or
- (c) refund of the Price, at the election of the Customer.
8.5 Except to the extent required by law, Mercator's liability in relation to the Product/s and this Agreement is limited in accordance with clause 8.4 and Mercator is not liable for any indirect, special or consequential loss or damage arising in any way in relation to, this Agreement or the Product/s.
8.6 Mercator reserves the right to inspect and test the Product/s for the purpose of determining the extent of any defect and the validity of any claim made under this warranty. All defective parts/Product/s replaced by Mercator under this warranty will be deemed to be the property of Mercator.
8.7 The Mercator warranty contained in clause 8.3 will not apply in the following circumstances:
- (a) damage of the Product/s through misuse (including failure to maintain, service or use with proper care), neglect, accident or ordinary wear and tear (including deterioration of parts and accessories and glass breakage);
- (b) use of the Product/s for a purpose for which the product was not sold or designed;
- (c) commercial use of the Product/s;
- (d) use or installation of the Product/s which is not in accordance with instructions for use or installation;
- (e) continued use or operation of the Product/s after a defect or malfunction has occurred or been discovered;
- (f) damage to the Product/s through freight, transportation or handling in transit after delivery by Mercator;
- (g) damage to the Product/s through exposure to chemicals, dusts, residues, excessive voltage, heat, atmospheric conditions or other forces or environmental factors howsoever outside Mercator's control;
- (h) repair, modification or tampering with the Product/s by the Customer or any person other than Mercator or an authorised Mercator service agent; or
- (i) use of parts, components or accessories with the Product/s which have not been supplied by or specifically approved by Mercator;
- (j) where the Product/s are consumables such as batteries or globes; and
- (k) where the Product/s is rendered faulty by a factor other than a defect in materials and workmanship or a cause which has occurred prior to delivery to the Customer.
8.8 The Customer must retain proof of purchase (Order confirmation and invoice) and evidence of installation by a Qualified Electrician (paid invoice, receipt, Electrical Safety Certificate).
8.9 The Mercator warranty provided under clause 8.3 is a non transferable right.
9. SERVICE & SPARE PARTS
9.1 While Mercator will use reasonable commercial endeavours to have all necessary spare parts available for the purpose of repair or service, Mercator is not liable for delays due to sourcing of unusual parts which are required, or due to circumstances beyond the control of Mercator.
9.2 The Customer should note that Product/s situated outside of Mercator’s service region may incur additional fees (such as travel and transportation) in respect of service or repair, details of which will be provided to the Customer by Mercator prior to any agreement being made in respect of any service or repair.
10. PRIVACY
10.1 Mercator will collect and deal with the Customer's personal information (including name, address, telephone contact or personal details) only in accordance with Mercator's Privacy Policy and the Privacy Act 1988 (Cth). A copy of the Privacy Policy is available from Mercator or at www.mercator.com.au.
10.2 Mercator may disclose personal information to its related companies and to organisations which provide services (including delivery services) to Mercator or which assist Mercator in providing services (including repair/ warranty services) to its customers.
11. GOVERNING LAW
This agreement is subject to the laws of the State of Victoria, Australia and the parties submit to the exclusive jurisdiction of the Courts of that State.
12. DEFINITIONS
Additional terms means any other terms and conditions as recorded in any order confirmation or project or commercial quotation issued by Mercator.
Agreement means the agreement entered into as described in clause 1.1.
Customer means the person or entity whose name and address appears on the Order as the purchaser of the Product/s.
Deposit means the amount paid by the customer to Mercator to initiate a “forward order”.
Mercator means Mercator Lighting Pty Ltd ACN 005 946 958 .
Order means the order provided by the Customer to Mercator for the purchase of the Vento Product/s and includes an order by way of acceptance by the Customer of a tender, quotation or offer made by Mercator.
Order Confirmation means the written confirmation of the order by Mercator.
Price means the price payable by the Customer to Mercator for the Vento Product/s as specified in the order confirmation.
Product/s means the specific Vento products referred to in the order purchased from Mercator.
Vento means Vento products supplied and distributed in Australia and New Zealand by Mercator.
13. CARD TRANSMISSION
All credit card information is not held by Ventofans but is transferred through to ANZEgate.