The Sale Terms apply to your purchase of any Products on the Site.
Sharp Corporation of Australia Pty Limited (ACN 003 039 405) ("Sharp") shall either by itself or through its subcontractors sell and you shall purchase the products and services offered for sale on the Site ("Products") in compliance with the Sale Terms.
Sharp is entitled to appoint subcontractors to provide the Products and to perform any act of Sharp contemplated under this Contract. All orders placed by you on the Site ("Orders") are accepted pursuant to the Sale Terms, which supersede any other terms relating to the sale of the Products appearing on the Site or elsewhere and shall override any other terms referred to by you or in any course of dealing.
An attempt by you to enter an Order which is subject to additional or altered terms and conditions shall be null and void.
Acceptance or rejection of Orders
An Order placed by you on the Site is an offer by you to purchase a particular Product. Sharp or its subcontractors reserve the right to accept or reject your Order for any reason whatsoever, including, without limitation, an error in your order or in the material on the Site (including an error in the price of the Product on the Site), the unavailability of the Product or delivery address is outside the delivery area. The contract to purchase a particular Product only comes into existence upon acceptance by Sharp or its subcontractors of your Order. Products are subject to availability. In the event of shortage, Sharp may allocate sales and deliveries in its sole discretion. Receipt of payment from you does not constitute acceptance by Sharp of the order for a Product. Where Sharp determines at its sole discretion not to fulfill an order from you, you will be refunded any payment made by you for the order.
Sharp or its subcontractors will only accept Orders for delivery of the Products if the delivery address is a street address in Australia and only if you are a resident of Australia and over the age of 18 years. Sharp or its subcontractors reserve the right to limit the quantity of Products purchased by you and limit the delivery area.
The price of a Product shall be as stipulated on the Site at the time and date of placement of your Order. Unless otherwise indicated on the Site, all prices include all Australian taxes. Small variations in pricing may occur due to rounding.
Sharp may update, or discontinue any Product and/or revise prices for any Product listed as available on the Site at any time.
Unless otherwise indicated on the Site, you will be responsible for payment of all transport and delivery charges for your purchases on the Site. Sharp or its subcontractors shall endeavor to arrange to deliver the Products to the delivery point in Australia designated by you on your Order. Products will not be delivered unless you or your authorized representative signs for confirmation of receipt.
Sharp or its subcontractors will use its discretion in selecting a reputable carrier and appropriate means of shipment. Any dates quoted by Sharp or its subcontractors for delivery of the Products are estimates only and shall not form part of the Sale Terms.
The carrier who delivers the Products will not remove or dispose of outer packaging of the Product, remove or replace old Products, move home furnishings to enable Products to be placed within a home, remove external or internal doors to enable access for large Products, effect delivery where stair access to property is unsafe, remove carriers footwear. You are responsible for taking appropriate measurements in order to ensure that the Product can be delivered to the intended location.
Sharp or its subcontractors must receive full payment of the price of the Products ordered, and any other charges (including delivery, handling or freight charges) that may apply to your Order, before they are delivered or supplied to you. You shall pay for the Products by using one of the payment methods available on the Site. Credit cards will be debited at the time that the order is placed.
Where the Products are to be delivered by installments, each installment shall be deemed to be the subject of a separate agreement and no default or failure by Sharp or its subcontractors in respect of any one or more installments shall vitiate the Contract in respect of the Products previously delivered or undelivered Products.
In the event that Sharp or its subcontractors give notice to you that it is unable to deliver any installment of the Products, you shall be deemed to have accepted those installments already delivered but Sharp or its subcontractors may reimburse the price of the undelivered Products which have been paid for by you.
Title and Risk
Title and risk of loss or damage to the Products shall pass to you on the physical delivery of the Products to the address identified by you in the Order. Notwithstanding the foregoing, title to the Products which are software products shall remain with the applicable licensor(s).
If you fail to take delivery of the Products or any part of them when they are made available to you, or fail to provide accurate instructions, documents, licenses, consents or authorizations required to enable the Products to be delivered then either:
a) Sharp or its subcontractors shall be entitled, upon giving written notice to you, to store or arrange for storage of the Products, and then, once written notice has been given to you, delivery shall be deemed to have taken place, risk in the Products shall pass to you, and you shall pay to Sharp or its subcontractors all costs and expenses (including storage and insurance charges) arising from your failure; or b)Sharp may determine that the Product should be returned to it. If this occurs, you will be entitled to a credit and Sharp will be entitled to deduct from the amount credited a restocking fee. Restocking Fees: Refrigerators $400 Airconditioners $150 Other Products $60
Cancellation or variation of Order
The Order may be cancelled/varied by you only with the written consent of Sharp. To the extent permitted by law, Sharp may require as a condition of its consent that you pay reasonable charges for such cancellation/variation, including recompense for all losses both actual and prospective, incurred as a result of such cancellation/variation.
You must inspect the Products upon delivery and must within 7 days after the date of delivery give written notice to Sharp, with particulars, of any claim that the Products are not in accordance with the Order. If you fail to give that notice, then to the extent permitted by statute, the Products will be treated as having been accepted by you.
You must not return any Products which you claim are not in accordance with the Order (whether or not the Products are treated and as accepted by you) unless Sharp has first given its written approval for their return.
If Sharp has given written approval to the return of the Products treated as accepted pursuant to clause 19, Sharp will only give credit for the Products returned if they are in saleable condition.
If Sharp has given its written approval to the return of the Products which are not treated as accepted by you under clause 19, Sharp must refund the freight and cartage to you if your claim that the Products are not in accordance with the Order is found to be valid.
If Sharp has given its written approval to the return of the Products pursuant to clause 21 above, or 22 above (in circumstances where your claim that the Products are not in accordance with the Order is not found to be valid), Sharp is entitled to charge a re-stocking fee.
Exclusion and limitations
To the maximum extent permitted by law, neither Sharp nor its subcontractors shall be liable to you for any indirect, special, incidental or consequential loss or damages resulting from performance or failure to perform under an agreement pursuant to the Sale Terms, or from the furnishing, performance or use of any goods or services sold or provided pursuant to the Sale Terms, or due to late delivery or non-delivery of the Products, whether due to a breach of contract, breach of warranty, negligence, or otherwise.
The only conditions and warranties which are binding on Sharp in respect of the state, quality or condition of the Products supplied by it to you are those imposed and required to be binding by statute, including the Australian Competition and Consumer Act 2010 (Cth).
Neither Sharp nor its subcontractors shall be liable for any delay or failure in its performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labour difficulties, equipment failures, or any other causes beyond its reasonable control.
To the maximum extent permitted by statute the liability, if any, of Sharp arising from the breach of the conditions or warranties referred to in clause 41 is, at Sharp’s option, limited to and completely discharged by either the supply by Sharp of equivalent Products or the replacement by Sharp of the Products supplied to you.
Use of Products
Products are not authorised for use as critical components in life support systems or situations where failure to perform can reasonably be expected to cause significant injury to users or others.
You agree and warrant that the purpose of purchasing the Products is for your own internal use only, and not for resale. Sharp or its subcontractors shall be entitled to refuse to accept orders placed by you if you breach or Sharp or its subcontractors, on reasonable grounds, suspects that you will breach this warranty. You shall not remove components from the Products for resale.
Each product comes with its own Sharp warranty. Go to the Warranty section of this Site and refer to the warranty statement corresponding to the Products you intend to purchase for the relevant terms and conditions of warranty ("Warranty Terms").
Notices and enquiries
Sharp Corporation of Australia Pty Limited ACN 003 039 405 1 Huntingwood Drive, Blacktown NSW 2148.
These Sale terms are the entire understanding between Sharp and you on everything connected with the subject matter of these Sale Terms; and supersedes any prior agreement or understanding on anything connected with the subject matter.
Sharp and you have entered into these Sale Terms without relying on any representation by the other or any person purporting to represent the other.
Governing Law and Jurisdiction
These Terms and Conditions of Sale are to be governed by and construed in accordance with the laws of New South Wales, Australia, without reference to its conflicts of law rules. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of the Terms and Conditions of Sale is found to be invalid or unenforceable, such invalidity or unenforceability will not affect the remainder which will continue in full force and effect.
Sharp owns all rights, title and interest in and to this Site.
You may not distribute or transmit (except within your business or organization), modify, reuse, republish, report, frame, upload to a third party or use the contents of the Site (including without limitation the text, images, audio, and video) for public or commercial purposes without Sharp's express written permission. You agree not to infringe the copyright or other intellectual property rights belonging to Sharp, its affiliates or its third party content providers. This prohibition also includes framing any content from this Site on another site, as well as unauthorized linking. Any modification or use of the material from this Site for any purpose not explicitly permitted is a violation of Sharp’s copyright and other proprietary rights.
Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any trade mark displayed on the Site without the express written permission of Sharp or, if applicable, the third party owner of the relevant trade mark. All powers (if any) conferred on you by section 26 of the Australian Trade Marks Act 1995 are expressly excluded.
Your use of the Site is at your risk. Sharp makes no warranties or representations as to its accuracy or completeness. Sharp specifically disclaims any liability or responsibility for any errors or omissions in the content on the Site whether Sharp is aware of such errors or omissions or not. To the fullest extent permitted by law, neither Sharp nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, special, punitive or exemplary damages or any loss of business, interest, goodwill, revenue or profit, or loss or corruption of data, arising out of your access to, or use of, or inability to use or access, the Site. Without limiting the foregoing, and to the maximum extent permitted by law, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that the Competition and Consumer Act 2010 (Cth) and similar State and Territory legislation in Australia may confer rights and remedies on you in relation to the provision by Sharp of goods or services on the Site which cannot be excluded, restricted or modified ("Non-excludable Rights"). Notwithstanding the foregoing paragraph, Sharp does not exclude any Non-excludable Rights but does exclude all other conditions and warranties, whether implied by custom, law or statute. To the maximum extent permitted by law, Sharp's liability for breach of any implied warranty, condition or undertaking which cannot be excluded is limited, at the option of Sharp, to: (a) in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and (b) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.
Sharp assumes no responsibility, and shall not be liable, for any damage to, or viruses that may infect, your computer equipment or other property on account of your access to, or use of the Site or your downloading of any materials, data, text, images, video, or audio from the Site. Sharp also assumes no responsibility, and shall not be liable, for any interruptions or errors in access to the Site or the accuracy, timeliness, completeness, security or reliability of any communications (including, without limitation, any transactions) made through or in relation to the Site.
Sharp is not responsible for the content of any site linked to from the Site. Your linking to any other site is entirely at your own risk. While Sharp may provide links on the Site to other sites, the inclusion of such links is for your convenience only and should not be interpreted as an endorsement of the owner/sponsor of the site linked to or its content. Subject to any Non-Excludable Rights, Sharp disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such sites.
If Sharp provides you with user details to facilitate your use of or access to the Site ("User Details"), or a particular section of the Site, you must not disclose your User Details to any other person. It will be your responsibility to ensure that your User Details are not disclosed to any other person. You are solely responsible for all activities that occur using your User Details including, without limitation, all activities authorised or unauthorised, lawful or unlawful, which utilise your User Details. Sharp is entitled to act on instructions received under your User Details. Sharp cannot and will not be liable for any changes made to your User Details by another person using your User Details, or for any loss or damage arising from your failure to adequately protect your User Details. For security purposes, you should memorise (and not write down) your User Details.
You agree to indemnify Sharp and keep Sharp indemnified against all actions, proceedings, losses, liabilities, claims, damages, demands, costs and expenses suffered or incurred by Sharp as a result of or in connection with any negligent act or omission, use or misuse of the Site, violation of the rights of another user of the Site, or a breach of these Terms, by you or anyone using your User Details.