1) Customer Acknowledgement.
The Customer acknowledges agreement with these Terms and Conditions of Sale by the placement of an order to purchase products from Werko Australia
Werko Australia is the trading name of the Hochhauser Family Trust ABN 43 892 966 277 this contract of sale is between the entity named on the invoice (the “Customer”) and Werko australia
All goods are supplied on these terms and conditions only and no person in the employment or otherwise as agent for Werko Australia has any authority to supply goods on any other terms and conditions or to vary these terms and conditions in any way whatsoever. Previous dealings shall not vary or negate these terms and conditions in any respect.
2) Returns Policy.
Werko Australia is committed to customer satisfaction and this commitment is reflected in our Returns Policy.
The Werko Australia Returns Policy applies to all purchases made online at www.werko.com.au, in store or over the telephone with a customer service representative.
The Werko Australia Returns Policy does not exclude or replace your rights given under the Australian Consumer Law and regulations. Some of the goods advertised on our website come with a manufacturer’s warranty.
Werko Australia will gladly refund or credit goods returned within 14 days from the time of purchase; provided the goods are in original condition, original packaging, current version and not a special order, including furniture, printers or clearance item. Otherwise, we will make our best effort to arrange exchange with the manufacturer or accept the goods back for resale. In this case, if the return is authorised by Werko Australia,
Returns after 14 days are entirely up to Werko Australia, and may include a restocking fee of up to 25% may apply.
Shipping fee is not refundable.
3) Warranty Information.
All products sold by Werko Australia are covered by the manufacturers’ warranty that accompanies the product unless otherwise stated. Werko Australia makes no additional or independent warranty. Werko Australia does not warrant the performance, compatibility, integrity, merchantability and fitness for a particular purpose of any product, but merely passes through to the Customer whatever end-user warranty the manufacturers or distributors provide with their respective products.
Please Note: Due to restrictions placed upon us by the manufacturers, hardware that is defective on arrival can generally be exchanged if we are notified within 7 days of invoice. Otherwise, the manufacturer’s warranty process must be followed.
4) Delivery of Goods.
We place great importance on the fast and reliable delivery of Customers orders, however please note that delivery times are estimates only and Werko Australia shall not be liable for delays.
The goods shall be at the Customers risk at the point of delivery. The Customer, upon taking delivery of the goods, shall immediately examine the goods and give written notice to Werko Australia of any defect within five (5) days of such date, failing which the goods shall be deemed to have been delivered in good order and condition and accepted by the Customer.
5) Title of Goods.
The goods shall remain the sole and absolute property of Werko Australia as legal and equitable owner and the Customer shall hold such goods as bailee only until such time as the Customer shall have paid the full price. The Customer shall be liable to Werko Australia in respect of any loss or damage to the goods during such bailment.
The price shall be paid by the Customer in full without any deduction in respect of any claimed set-off or counterclaim (including any such set-off or counterclaim on account of any delay on the part of Werko Australia in delivering any part of the goods) on or before the payment date.
In addition to any other rights or remedies of Werko Australia in the event of the Customer’s default hereunder, Werko Australia shall be entitled:
a) To charge and recover costs incurred for the collection of payment (such as but not limited to collection agency fees and legal costs), cheque dishonour fees, interest at the current bank overdraft rate plus two percent per annum from the due date for payment until payment in full;
b) To immediately and without notice retake possession of the goods (and for such purpose the Customer irrevocably licenses Werko Australia, its employees, contractors, servants or agents to enter upon the premises at which the goods are located to so retake possession) and resell the goods after seven (7) days written notice to the Customer and thereafter recover from the Customer any amount by which the resale price is less than the price agreed to be paid by the Customer, together with all costs and expenses suffered or incurred by Werko Australia as a result of the Customer’s default;
c) At the sole discretion of Werko Australia charge a restocking fee of up to 25% of the purchase price.
d) At the sole discretion of Werko Australia put the Customer account credit on hold and suspend the supply of goods and services (including RA).
7) Prices and taxes.
All prices are inclusive of GST and in Australian dollars ($AUD).
We reserve the right to make adjustments to information or pricing with or without notice due to typographical errors, market fluctuations, manufacturers price changes etc that may occur at any time.
8) Limitation of Liability.
Werko Australia, shall under no circumstances be liable for special, incidental, or (not reasonably forseeable) consequential damages including loss of profit or opportunity, even if it has been advised of the possibility of such damages: the maximum liability for all direct damages, if any, arising out of any action shall be limited to an amount not to exceed the purchase price of the product.
Subject to any applicable Commonwealth or State Legislation, Werko Australias liability for any such breach shall be limited, at its sole discretion, to any of the following:
a) Replacement of the goods or any part thereof;
b) Supply of equivalent goods or any part thereof;
c) Repair of the goods or any part thereof;
d) Payment of the cost of replacing the goods or acquiring equivalent goods or any part thereof;
e) The payment of the cost of having the goods or any part thereof repaired; or
f) Refund of the goods upon return.