Terms and Conditions of Sale

Welcome to the expresscables website available at https://www.expresscables.com.au/ (“Site” or “Website”).

In these Terms and Conditions of Sale (“Conditions of Sale”), “expresscables” or “we” or  “us” or “our” means Express Cables Australia Pty Ltd ACN 608366909 (ABN 82608366909) trading as expresscables and “you” means the person, organisation or entity that purchased the products or related services from us.

Please read through these Terms and Conditions of Sale carefully as they form the agreement under which we will supply products and services to you. These Terms and Conditions of Sale apply to all sales made by us to you whether products and services are purchased via our website, in store or over the telephone.

We may revise and update our Conditions of Sale at any time and your continued usage of this website means you accept those changes. The information contained on this website is intended to apply in Australia only. While we aim to ensure that the information in this website is correct, sometimes errors do occur for which we apologise. Please refer back to these Website Terms and Conditions of Sale from time to time so that you are aware of the current Terms and Conditions. We do undertake to keep this website updated.

Orders

You may place an Order by adding items to ‘The Cart’ on our website and clicking the “Check Out” button. When you place your Order, we will issue you with an Sales Order Confirmation Number. We will generally do this by email. By placing an Order, you make an offer to us to purchase the product(s) you have selected based on these Conditions of Sale.

No information on our website constitutes or should be deemed as an offer by us to supply any products, however we will make every effort to supply products to you. We will notify you that your order is being processed by sending you an Order Confirmation via email, however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. We will confirm acceptance of your order when your order status moves to dispatched in the My Account My Orders Section. If we cannot process or accept your Order after payment is received, we will contact you by email or telephone.

Order Enquiries

If you have any query about the progress of your Order please contact the Sales Order team. Please have your Order number handy as shown on the email confirmation.

Product Returns & Cancellations

Please refer to our Returns Policy for more details.
By accepting these Conditions of Sale, you also accept our Returns Policy.

Freight

Please refer to our Shipping Policy for more details.
By accepting these Conditions of Sale, you also accept our Freight Policy.

Retention of Title

Ownership of the product(s) shall remain with us and we reserve the right to dispose of the product until such time as payment in full is made for all amounts owing by you to us. The risk in the Products purchased will, unless otherwise agreed by us in writing, pass to you upon delivery to a carrier commissioned by us to deliver the product(s).

Stock Availability

We do our best at all times to keep in stock all products that are advertised by us. All stock availability as represented on our website or by our Sales Team is accurate in accordance with our current stock levels, however, these stock levels are subject to change without notice.

Similarly, products will be removed from the site as soon as we become aware that those items are unavailable.
However, there may be unavoidable occasions when:

All or part of your order cannot be fulfilled immediately, or
All or part of your order cannot be fulfilled at all.

If, for any reason, we cannot supply a product you have ordered, we will let you know over the phone or contact you using the details provided by you at the checkout process to amend, cancel or put your order on backorder as agreed with you. If you choose to put your order on backorder, we will contact you to arrange for delivery once the product is available.

Backorders

The balance of orders will normally be dispatched freight free unless;

The entire order is backordered, in this case freight will be charged when the backorder is sent.
If in our opinion, the freight cost on the backordered portion is substantial, freight will be charged.

Special Orders

Special orders are goods specially bought in on customer’s request. Special orders consist of:

Non-stock items
Note: Delays may occur due to suppliers minimum order value.
Orders for bulk quantities – require customer acceptance of price and estimated delivery date. If the total price exceeds the customer’s credit limit, payment upon order is required. After acceptance of the quote by the customer, special orders cannot be cancelled or the goods returned unless we agree to the order cancellation and return of the goods.

Payments & Pricing

All references to $ and dollars on this website are to the Australian currency (AUD).
All prices are inclusive of Australian Goods and Services Tax (GST) where applicable. We will issue a compliant tax invoice where appropriate.
We accept payment by American Express, VISA, MasterCard credit cards, Paypal and Direct Deposit.
All Credit Card and PayPal payments are charged in Australian Dollars.
The website employs the latest in Secure Sockets Layer (SSL) technology from Trustwave to secure our payment systems. Whilst we employ the latest technology and use Stripe and PayPal as our secure payment gateway, we will not be responsible for any loss or damage (whether direct or indirect) suffered by you if your credit card is fraudulently used or is used in an unauthorised manner by a third party.
We reserve the right to correct any errors published on the website.
We reserve the right to pass any payments outstanding by more then 120 days to our collection agency. Any costs to recover outstanding payments will be passed onto the customer.
We reserve the right to charge an Admin Fee of $45 + GST per month for all accounts that are 60+ days overdue.

Unacceptable orders

We reserve the right to reject an order if, in our sole opinion, it is unacceptable.

Advice and technical information

Any advice, recommendation, information, technical information, specification, drawing, description, illustration, dimensions, assistance or service provided by us in relation to any products is given in good faith and is believed by us to be appropriate and reliable. However, any such advice, recommendation, information, technical information, specification, drawing, description, illustration, dimensions, assistance or service provided by us in relation to any products supplied by us is approximate only.

Intellectual Property

The materials displayed on this website, including all information, photographs, illustration, artwork and other graphic materials and names, logos and trademarks, are the property of Express Cables Australia Pty Ltd and are protected by copyright, trademark and other intellectual property laws. Any such content may be displayed and printed solely for your personal and non-commercial use.

You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without the prior written consent of Express Cables Australia Pty Ltd.

The ExpressCables logo and the term ExpressCables are registered trade marks of Express Cables Australia Pty Ltd.

All other trade marks represented within our site are to be considered as intellectual property of their respective owners.

Privacy

Our privacy policy, which sets out how we will use your information, can be found here. By using this Website, you consent  to the processing of information as described therein and warrant that all data provided by you is accurate.

Consumer guarantees

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods
repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.  

For details of our Warranty or consumer guarantees please refer to our our Returns Policy.

Force Majeure

We will not be liable for any delay or failure to perform any of our obligations under these Conditions of Sale if such delay is caused by circumstances beyond our reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or carrier deliveries.

Liability

Your use of this website or any information on this website is entirely at your own risk. We make no representation or warranty with respect to the accuracy, completeness, suitability, performance or timeliness of the information provided on this website. We expressly excluded liability for any such inaccuracies or errors, including consequential or incidental damage or injury, to the fullest extent permitted by law.

Third party websites

The ExpressCables website may contain links to other websites operated, controlled or produced by third parties. Unless otherwise indicated, ExpressCables does not control, endorse, sponsor or approve any such third party websites or their content nor does ExpressCables provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content.

Overseas Access

This website may be accessed in Australia and throughout the world. We make no representations that the content of this web site complies with the laws of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site. The use of this site is governed by, construed and enforced in accordance with the laws of New South Wales, Australia.

Governing Law

This website has been designed for use within Australia. By accessing this website you agree that these Conditions of Sale are governed by the laws of Western Australia, Australia. In the event of a dispute you agree to submit to the exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia.

If any provision of these Conditions of Sale is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.