AUD means Australian Dollars.
Customer means the entity in the Billed To section of the invoice.
GST refers to Australian Goods and Services Tax and is applicable to goods sold within Australia.
Goods means all products supplied to the Customer by the Supplier from time to time.
Purchaser means the person or corporation acquiring the goods.
Supplier means UBWH Australia as a trading entity.
POD means a signed proof of delivery obtained on the delivery of the goods.
Terms means these terms and conditions.
1.1 These Terms and Conditions constitute the entire agreement between the parties for the goods. Any prior arrangement, representations or
undertakings are hereby suspended.
1.2 Payment terms are generally payment prior to delivery.
1.3 If the Customer breaches these Terms, the Customer must pay any collection, commission and/or legal fees charged by any third party to
recover money due.
1.4 If the Customer makes any default in payment or commits any act of bankruptcy or being an incorporated company, passes a resolution for
winding up (except for the purposes of reconstruction) or an application is presented for its winding up, the Supplier may without prejudice to its other right either suspend further deliveries, require payment in advance for all such deliveries or terminate any contract forthwith by
2.1 The Supplier reserves the right to amend the recommended prices without notice, and all goods will be charged at the price ruling at the time of delivery.
2.2 All prices quoted are inclusive of GST unless otherwise stated or agreed.
2.3 Prices are quoted in AUD.
3.1 We dispatch orders every business day. In-stock orders are shipped same-day if we have received full payment for an in-stock order before 08:00 AWST on a business day. Orders are shipped next business day if the payment is received after that time.
3.2 Delivery of the Goods may be totally or partially suspended by the Supplier during any period in which the Supplier may be prevented or hindered from delivery by the Supplier's normal means of supply or delivery by normal route through any circumstances outside its reasonable control, including but not limited to strikes, lockouts, unavailability of stock, accidents or breakdowns of plant or machinery. The Supplier will not be liable for any damages consequential or otherwise arising from its failure to deliver any or all of the Goods.
3.3 Where delivery is by Insured Courier and there appears to be shipping damage, the customer's representative must not sign the Proof of Delivery (POD) form. If the form is signed, subsequent insurance claims to cover any loss or damage can not
4.0 Inspection by Purchaser
4.1 The purchaser is obliged to open and check all the Goods supplied and to report any alleged deficiency within 30 days of the date of delivery.
4.2 Any claim by the Purchaser for non-delivery, short delivery, or delivery of the wrong goods must be notified to the Supplier within 30 days of the invoiced date.
4.3 Any claims made outside of this date with be accepted at the sole discretion of the
Supplier, except where the supply of such goods breaches a condition prescribed by a statute or regulation which is
5.0 Refunds and Returns
5.1 The Purchaser may return Goods, as follows:
- Prior to the return of Goods, the supplier has approved the return;
- The Purchaser has 30 days to report a faulty, damaged or incorrect item;
- The Goods returned are accompanied by a request for credit/refund that quoted
the Supplier’s invoice number, date and reason for return, and;
- The Goods and any packaging are returned in the same condition in which they were delivered.
5.2 Goods will not be approved for return where:
- Any goods are specially manufactured and supplied to the Purchaser’s specifications;
- Any goods are altered or damaged by the Purchaser; or
- Any item outside of the normal product range is specially procured for the customer.
5.3 Otherwise, goods will be approved for return:
- within 30 days of purchase. Such returns are subject to a 20% restocking fee if returned unused and in as-new condition; or
- if defective and covered under warranty.
5.4 Freight for returning these goods will be at the Purchaser's expense and forwarding freight costs may be charged as applicable.
5.5 Refunds are claimed by sending an email to [email protected]
5.6 Refunds will be paid within 24 hrs of approval. The method of payment depends on how the purchase payment was made. If paid by:
- EFT/BPAY: Refund will be paid back to the Purchaser's bank account.
- Credit/Debit Card: Refund (including any card surcharge) will be credited back to the card.
- PayPal: Refund will be returned to your PayPal account. Fees refunded by PayPal to Supplier will also be refunded to Customer.
6.1 Any liability of the Supplier to the Purchaser including but not limited to the liability for special, consequential or incidental damages or for breach of any term, condition, warranty, undertaking, inducement or representation whether express, implied, statutory or otherwise relating to these Terms or to the Goods shall be limited at the option of the Supplier, to any one or more of the following:
- if the breach related to the Goods:-
- the replacement of goods or the supply of equivalent goods
- the repair of the goods
- the payment of the cost of replacing the goods (but not installation and /or de-installation costs) or acquiring equivalent goods
- the payment of the cost of having the goods repaired or
- if the breach relates to services:-
- the supplying of the services again; or
- the payment of the cost of having the services supplied again
6.2 Whilst every care is taken in preparing all written communications, the Supplier shall not be liable to any Purchaser relying on any fact, matter or representation. Purchasers should satisfy themselves as to the suitability and fitness of any product before order.
6.3 Whilst every care is taken in compiling all information and technical data the
Supplier will not accept responsibility for subsequent loss or damage arising from its use. Nothing in these Terms shall
exclude or modify any conditional warranty implied by law where to do so would render such Terms void.
7.0 Delivery Loss/Damage Cover (LDC)
7.1 If the Purchaser has paid the Supplier to deliver an Order, and the Purchaser has fully paid for an Order that includes an LDC fee shown on the Order invoice, then Supplier will ship to Purchaser new replacements of all Goods lost or damaged in transit using the same shipping method as on the original Order.
7.2 Otherwise, the Purchaser accepts all liability for loss or damage in transit.
7.3 LDC is not Insurance.
8.1 Consumer purchases are protected by implied statutory warranties, as defined by the Australian Competition and Consumer Commission (ACCC) and Australian Consumer Law (ACL).
8.2 In addition, goods purchased are covered by the manufacturer's express warranty.
8.3 In all cases, warranty claims are to be lodged initially with the Supplier by following the Warranty link at the bottom of this page in the INFORMATION section.
8.4 Customer is responsible for the cost of shipping products under warranty to the place of warranty service.
8.5 Where a product is returned under warranty and no fault is found, customer shall pay a Fault Not Found fee, plus the cost of return shipping.
8.6 If products are not installed to manufactuer's recommendations, warranty coverage is void.
9.1 Any contract for the sale shall be deemed to be made in the state of Western Australia and the Law, courts or arbitration facilities of the State shall be used to construe or apply the contract or to determine or resolve any dispute or action arising under it.
9.2 The Supplier reserves the right to vary these Terms immediately upon giving notice to the Customer of such variation.
9.3 The invalidity or unenforceability of any of these Terms shall not affect the validity and enforceability of the remainder of these Terms.
9.4 Unless otherwise agreed to in writing by the Supplier any terms appearing in any document provided by or on behalf of the Purchaser, the Terms appearing herein shall be incorporated into all agreements entered into with the Supplier to supply the Purchaser with Goods. In any situation where the terms of the purchaser conflict with the terms of the Supplier, the terms provided by the Supplier shall take precedence.
9.5 The placing of an order; signing of a manifest, delivery docket, consignment note or couriers manifest for goods received shall constitute acceptance of these Terms by the Purchaser.
9.6 Placing of an online order does not obligate the Supplier to supply the goods. Any unshipped order may be cancelled by the Supplier. In such a case, any payments against that order will be refunded.
10.0 Credit Accounts
10.1 Qualified customers may purchase on 30-Day credit terms. A surcharge of 2% applies.
10.2 Payment is due on or before 30 calendar days after the order ships.
10.3 If payment is not received within the specified period, the Customer's credit facility is suspended, and overdue penalties accrue at 1% per week or part thereof.
10.4 Customer's credit limit is based on past order history.
11.0 Privacy Statement and Policy
- Supplier is highly committed in complying with the Australian and international privacy laws and to protect our customer's privacy.
- Supplier collects details from its customer for the sole purpose of processing the customer's order more efficiently and to allow customers to fully experience and benefit our online ordering features.
- All customer and credit card data is securely processed and encrypted through an external payment gateway to offer the highest level of protection possible. The external gateway adheres to the highest security standards set by Visa and MasterCard. Supplier does not store any credit card personal details on any of our sysrtems.
- Supplier does not disclose, sell or trade any collected information of its customers to any third parties other than those used to provide customer feedback or to verify the order, such as banks or the financial issuer of credit/debit card.
- Supplier does not disclose any information about our suppliers to anyone unless it is deemed necessary.
- Supplier will use email and telephone whenever possible to keep customer informed of their order status.
- Supplier will not use customer details or email addresses for sending unsolicited emails (SPAM) unless the customer has opted into the Newsletter.
- Supplier may provide customer details to the appropriate authorities if the information we received is deemed to be false or misleading.
- Supplier uses ‘cookies’ for maintaining contact with a user through a website session. A cookie is a small file supplied by our web server and stored by the web browser software on your computer when you access this site. An explanation of cookies can be found at the site of the Office of the Australian Information Commissioner.
- Cookies allow us to recognize you as an individual as you move from one of our web pages to another.
- This information is only used to help you use our website systems more efficiently, for example by maintaining a record of what sorting you prefer to view pages in, not to track your movements through the internet, or to record private information about you.
- In addition to web server logs, this website uses Google Analytics, a web analytics service provided by Google Inc. (‘Google’). Reports obtained from Google Analytics are used to help improve the efficiency and usability of this web site.
- Google Analytics uses ‘cookies’ to help analyse how users use this site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States.
- Google will use this information for the purpose of evaluating your use of our website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google.
- Supplier use Remarketing with Google Analytics to advertise online.
- Third-party vendors, including Google, may show Supplier ads on sites across the Internet.
- Supplier and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimise, and serve ads based on someone's past visits to your website.
- Supplier may also use data from Google's Interest-based advertising or 3rd-party audience data (such as age, gender, and interests) with Google Analytics.
- Search terms you enter when using our search engine are collected, but are not associated with any other information that we collect. We use these search terms to ascertain what customers are looking for on our site, and to improve the services that we provide.
12.0 Order Cancellation
- Orders can be cancelled at any time prior to payment at no cost.
- If the Purchaser wishes to cancel an order that has been paid:
- If the order has been dispatched: Cancellation is not possible.
- If the order details have been sent to our warehouse for packing and dispatch: We will do the best we can to cancel the order at no cost. However if the order has been partially or fully prepared, and it is not too late to stop the dispatch, then a cancellation fee of $35 will apply. The Supplier will refund any payment made by Purchaser, minus the cancellation fee and any unavoidable payment method fees.
13.0 If Customer pays by Bitcoin (BTC)
- The Invoice total in AUD is converted to BTC by our BTC processor at the time of sale. Any additional fees collected by Customer's BTC wallet provider or exchange service are the Customer's expense.
- The Bitcoin system does not support refunds/reversals. Should a refund be required, it will be paid in AUD using the AUD values on the original Tax Invoice.
- Also, see our Bitcoin FAQ.
14.0 If Customer pays by EFT
Supplier may assign each customer a unique Virtual Account (BSB-ACCT). If so, Customer acknowledges that the Virtual Account is:
- only a reference number used to identify the Customer and is not a bank account of any sort; and
- only to be used to make direct credit payments to Supplier and is not to be used in any other manner or for any other purpose - for example establishing direct debits
15.0 Extended Warranty
15.1 What is Covered?
- Start of Cover: The warranty starts on the date of delivery to the purchaser. If proof of delivery is not available, the delivery date is deemed to be the date of dispatch from out warehouse plus 7 days.
- Length of Cover: The term of your Extended Warranty is set out in your purchase invoice.
- When can I purchase an Extended Warranty? Extended Warranties are only available at the time of purchase.
- Protection: Faults covered are hardware failures for products correctly installed to manufacturer's specifications. Software errors/bugs are covered to the extent that a software failure has caused the hardware to become unresponsive to the point that new firmware can not be loaded into the device.
- Products with covered faults will be repaired, or replaced if repair is not possible.
- What if my Warranty Item Cannot Be Repaired or Replaced? The purchaser will be offered a choice of:
- An equivalent product (e.g. a newer model), or
- A 100% refund of the purchase price of the item.
- Freight: The replacement product will be shipped to purchaser's Australian address at our expense.
15.2 What is not Covered?
- Except where previously mentioned in these terms and conditions, costs associated with
freight, transportation or delivery for warranted items.
- Costs associated with installation, dismantling, or re-installation of the warranted item.
- Costs associated with any damage that occurs during transportation, installation,
dismantling or re-installation of the warranted item.
- Cosmetic or physical damage.
- Accidental or malicious damage, misuse, negligence or faults caused by a failure to
provide routine maintenance.
- Faults that have resulted from wear and tear, including rusting, corrosion or mould.
- Faults that have resulted from installation not to manufacturer's specifications or requirements.
- Consequential loss or damage of any kind.
- Any fault that would not have been covered by the original manufactures warranty.
- Repairs that have been organised without following the claims procedure listed in
- Repairs carried out by repair agents that are not authorised by us.
- Items lost in transit.
15.3 Claims Procedure?
- To make an Extended Warranty Claim, please email [email protected] If the product under warranty is a Ubiquiti product installed outdoors, you must include proof that the product was installed with correct grounding as specified by the manufacturer.
- We will provide return details by email.
- After the product arrives at our service centre and the warranty claim has been verified, we will dispatch the replacement.