In these Terms and Conditions "we" and "us" mean ToolAus of PO Box 4345, Winmalee, NSW 2777 Australia, and "you" means you the customer.

These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of Products. No other Terms and Conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email.

Legal Capacity To Transact

If you are under the age eighteen (18) years you can not place orders with ToolAus.

By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years.

Should ToolAus suffer any damage or other losses as a result of a transaction entered into by a minor, ToolAus reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with ToolAus.

Placing Your Order

You may place an Order by on the ToolAus Web Site and clicking the "Confirm Order" button.

When you place your Order, we will issue you with an Order Number. We will do this by email.

By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions. Information contained on the ToolAus website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any Products, however ToolAus 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 and tax invoice 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 payment fraud. ToolAus and its affiliates 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 we send you an email confirming shipment of the goods you have ordered. If we cannot process or accept your Order after payment is received we will contact you by email or telephone.

Payment Methods And Processing

ToolAus currently accepts Direct Deposit and Cheque/Money Order only.

Payment processing will not begin until we receive all the information we need.

Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day.

Business days are Monday through Friday, excluding NSW Public holidays.

GST

ToolAus purchases include GST unless otherwise stated on a Product listing.

Prices

ToolAus reserves the right to change prices for Products displayed at ToolAus at any time.
All prices are quoted in Australian dollars.

Supply Of Your Products

Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation email.

When your Order items have been dispatched, we will email you to confirm shipment of each item.

Delivery Of Your Products

Delivery time takes up to 10 working days from the date your payment is received. Please note that Direct Deposit and Cheque/Money Order payments take 1-2 business days to process.

Although every effort is made to ship your Order within 10 business days shipping times may change due to changes in supply or circumstances beyond our control. If your Product has not arrived after 3 weeks, please contact us.

We encourage you to visit the My Account section on our website to view the delivery status of your Products.

Unless otherwise agreed by us, we will deliver your Products to the address indicated on your Order Confirmation. ToolAus accepts responsibility for any loss of, damage to, late delivery or non-delivery of goods ordered from our web site. To the maximum extent permitted by law, you agree to release our carriers from any liability relating to loss of, damage to, late delivery or non-delivery of any goods you order from this web site and to assign all rights to claim compensation or insurance against our carriers to us and expressly and irrevocably do so by clicking the following box.

In rural and regional areas of Australia, delivery times for Express Parcel Services are in respect of delivery to the Post Office of the principal township in that area. Delivery to final destinations may take longer. If in doubt please check with your local Post Office.

Title and risk of loss to all Products will pass to you on delivery.

Free Delivery

Free delivery of products is restricted to total orders over $250.00 AU and subject to the above section "Supply Of Your Products".

ToolAus will provide free delivery if the above condition is met in addition with the delivery address of the product or products being no more than 50Km in radial distance from the shipping postcode of 2777, NSW, Australia.

ToolAus retains the right to change or ammend these conditions without prior notification.

Your Rights To Return A Product

No refunds, credit or replacements are offered if you have changed your mind about the product, make an incorrect choice, or failed to verify and accurately provide information when placing an Order.

Dead On Arrival Products - "DOA"

A ToolAus Product is considered DOA if it shows symptoms of a failure, or is discovered to be broken when first taken from its packaging.

If you believe that your Product is DOA, you must contact us within 14 calendar days from the date that the Product was dispatched.

A ToolAus Customer Service member will provisionally determine whether the Product is DOA. Where a Product is provisionally determined as DOA we will arrange to replace the Product.

Refunds will only be offered where a replacement Product can not be provided.

Where ToolAus has provisionally determined that a Product is DOA, return shipping will be arranged at the expense of ToolAus.

Where you fail to notify Customer Service within 14 days of the date of dispatch about a DOA Product, and the Product needs to be returned, you will be required to pay postage costs for returning the Product to us.

If the Product is deemed by Customer Services NOT to be DOA, ToolAus may in its absolute discretion refuse to replace the Product or offer you a refund for the Product.

When a Product is replaced, your replacement Product becomes your property and the returned DOA Product becomes our property.

When a refund is given, the returned DOA Product becomes our property.

ToolAus reserves the right to test any returned DOA Product. If the condition of the Product was misrepresented to us by the customer, ToolAus will impose a $40 handling and administration fee.

Product Problems After Delivery

If a defect arises after delivery and a valid claim is received by Customer Service within 30 days of delivery, ToolAus will exchange the Product where possible, or refund you the purchase price of the Product.

Where we agree to replace the Product or refund you the purchase price of the Product, you must first return the defective Product to us. You will be obliged to pay for the return of the Product.

We will make arrangements with you for the return of the Product.

The delivery time for replacing the Product will be the same as stated for the original Product.

Replacement Products are provided with the same Warranty as the returned Product.

Return Authorisation Number - A Must Have

A Return Authorisation Number (RAN) is required for both replacement Products and refunds.

Where Customer Service has provisionally determined that a Product is DOA, Customer Service will issue you with a RAN. Products can not be returned without a RAN. The Product must be returned to ToolAus within 14 calendar days of the issuance of the RAN. All Products must be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that shipped with the Product.

Organising the Return of DOA Products

DOA Products must be returned whenever we agree to replace the Product or provide you with a refund.

Where you received a DOA Product, Customer Service will email you a RAN which you must affix to the Product. You must then leave the Product at any Australia Post Office.

Where you have received a DOA Product by our courier service, we will make arrangements with our courier service for collection of the Product, and will notify you when they will collect the Product from you.

When a Replacement Product is arranged:

• A replacement for the same Product that you ordered will be shipped to you at our expense after we have received your returned DOA Product.
• The delivery time for the replacement Product will be the same as stated for the original DOA Product.
• Replacement Products are provided with the same Limited Warranty as the DOA Product.

When a Refund is arranged:

• Refunds include all shipping and associated costs for the DOA Product.
• No refund will be given to you until ToolAus has received the DOA Product from you.
• Refunds will be issued by cheque or Direct Deposit.

Some Products - Manufacturer Only Warranty

Some Products sold through ToolAus are serviced and supported exclusively by their manufacturer in accordance with Terms and Conditions packaged with the Products.

Where we supply a Product to you with a Manufacturer’s Warranty packaged with the Product, the ToolAus Limited Warranty does not apply.

If at any time after you purchase a Product you discover what you believe is a Product defect or failure, please contact the manufacturer directly using the Manufacturer’s Warranty information and Terms and Conditions packaged with the Product, for the replacement or repair of the Product.

Computer Hardware - Exclusions and Limitations

ToolAus is not liable for any damage to or loss of any programs, data, or other information stored on any media contained within electronic or computing Products. Recovery and reinstallation of system and application software and user data are not covered under any ToolAus warranty.

In relation to any computing media Product, or any computing hardware Product or computing part contained within a Product, ToolAus will not be responsible for direct, special, incidental or consequential damages resulting from any breach of warranty or condition, or under any other legal theory, including but not limited to lost profits, downtime, goodwill, damage to or replacement of equipment and property, any costs of recovering, reprogramming, or reproducing any program or data stored in or used with ToolAus Products supplied to you, and any failure to maintain the confidentiality of data stored on the Product. ToolAus specifically does not represent that it will be able to repair any Product under warranty or make a Product exchange without risk to or loss of programs or data.

Where a computing Product needs to be returned to ToolAus for replacement or a refund, ToolAus will in no manner whatsoever be responsible for any data you may leave on the computing Product.

Our Liability

These Terms and Conditions set out the full extent of our obligations and liabilities in respect of the supply of Products by ToolAus and there are no warranties, conditions or other terms that are binding on us except as expressly stated in these Terms and Condition. Any warranty, condition or other term concerning our Products which might otherwise be implied into or incorporated in these Terms and Conditions by statute, common law or otherwise (including without limitation any implied term as to quality or fitness for purpose) is hereby expressly excluded.

We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.

Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.

Your Data - Use And Protection

By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing your Order. If you so indicate on the appropriate section of your Order Form, by placing your Order you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other ToolAus Products that may be of interest to you. If you do not agree to our using such data in order to provide you with information on other ToolAus Products, you should indicate your non-agreement on the appropriate section of your Order Form. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Notice.

General

You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of ToolAus. Any unauthorized assignment shall be deemed null and void.

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.

Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability in ToolAus for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option ToolAus, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s).

Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.

ToolAus reserves the right to change the Terms and Conditions of sale at any time.

No ToolAus employee or agent has the authority to vary any of the Terms and Conditions governing any sale.

Force Majeure

ToolAus shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of ToolAus, and ToolAus shall be entitled to a reasonable extension of time for the performance of such obligations.

Governing Law