Terms and Conditions for Online Purchase
1. Definitions
In these Conditions:
"Terms" means these Terms and Conditions of Trade, "Customer" means a person, firm or corporation, jointly and severally if there is more than one, acquiring goods or services from Leader Pumps;
"Goods" means goods or services supplied by Leader Pumps to the Customer;
"GST" means any goods or services or value added tax, including GST within the meaning of the Goods and Services Tax Act 1999;
"Intellectual Property" means all copyright, patents, trade marks, names, formulae, specifications, confidential information and all modifications, improvements and enhancements (whether registerable or not) owned by Leader Pumps or its parent company in respect of the Goods.
"Leader Pumps" means Clayton Investments Pty Ltd ABN 25 009 703 235 of 1/75 Kremzow Rd, Brendale and 24 Healey Road, Dandenong Victoria
"Price" means the price stated in Leader Pumps’ online store.
2. Basis of Contract
2.1 The Terms apply exclusively to every contract for the sale of Goods by Leader Pumps to the Customer and cannot be varied or supplanted by any other terms or conditions, unless agreed by Leader Pumps in writing.
2.2 Any order placed by the Customer is an offer. An order will not be accepted until Leader Pumps communicates acceptance to the Customer by electronic means or it has provided the Goods.
2.3 Where the particular model of a product ordered is no longer available and has been replaced by a new model, Leader Pumps may substitute the new model.
3. Privacy Policy
3.1 Leader Pumps value the privacy of our customers. Leader Pumps will protect all personal details and will not provide them to any other organisation or individual.
3.2 All information collected by Leader Pumps is only used for the purpose of processing the customers order and delivery of the requested goods. Unless specifically indicated.
3.3 Information provided for an order will not be held for future orders.
4. Pricing
4.1 Prices indicated on the online store is the supplied price inclusive of GST.
4.2 The freight price is fixed and is indicated by the quoted price.
4.3 All prices are quoted in Australian Dollars ($AUD) and payments will be processed in $AUD
5. Delivery and Shipping
5.1 Goods will be shipped by Australia Post or StarTrack Express within two working days of confirmation of the order.
5.2 Standard shipping costs of A$10 will be charged per product.
5.3 Goods will be delivered to the customers house or premises.
5.4 Goods are insured in transport from the Leader Pumps warehouse to the customers premises against theft or damage. Leader Pumps do not accept liability for goods once they are delivered to the house or premises. Final scanning of the delivered goods is proof that delivery has been made.
5.5 Goods will only be delivered within Australia.
5.6 If goods can not be shipped, the customer will be notified by email or phone within 2 working days.
6. Intellectual Property
6.1 The Customer acknowledges Leader Pumps’ title to the Intellectual Property in or related to any of its Goods and shall not claim any right, title or interest in the Intellectual Property nor use any of the intellectual Property other than necessary for the proper use of the Goods.
6.2 Documents pertaining to the Goods provided by Leader Pumps, such as illustrations, drawings and measurements are only approximate and are not binding.
7. Performance of contract
7.1 Any period or date for delivery of Goods stated by Leader Pumps is intended as an estimate only and is not a contractual commitment.
7.2 Leader Pumps may, at its discretion, make part delivery of the Goods.
8. Warranty & Returns
8.1 It is the Customer's responsibility to inspect all Goods delivered for shortages or damages.
8.2 The Customer must notify Leader Pumps in writing within 3 days of any short supply or damaged Goods. The Customer must comply with any instructions from Leader Pumps for the return of any Goods.
8.3 Leader Pumps provides a limited warranty on the terms of the Instruction Booklet provided with the Goods and the Leader Guarantee Policy provided on the Product Website.
8.4 If; through circumstances beyond its control, Leader Pumps is unable to affect delivery or provision of Goods or Services, then Leader Pumps may cancel the Customer's order (even if it has already been accepted) by notice in writing to the Customer.
8.5 Orders that have been accepted by Leader Pumps may not be cancelled by the Customer after the Goods have been dispatched by Leader Pumps.
9. Refund Policy
9.1 A full refund will be provided from Leader Pumps to the customer if the goods are returned to the Leader Pumps warehouse within 3 working days of purchase, if:
9.1.1 The goods deemed by Leader Pumps to have not been used.
9.1.2 All fittings and attachment sold with the products returned with the product.
9.1.3 Instruction Manual and packaging in 'as new' condition.
10. Liability
10.1 Except as specifically set out in these Terms, or contained in any warranty statement provided with the Goods, any term, condition or warranty in respect of the quality, merchantability, fitness for purpose, condition, description, assembly, manufacture, design or performance off the Goods, whether implied by statute, common law, trade usage, custom or otherwise, is expressly excluded.
10.2 Replacement or repair of the Goods or re-supply of the services is the absolute limit of Leader Pumps’ liability howsoever arising under or in connection with the sale, use of, storage or any other dealings with the Goods by the Customer or any third party.
10.3 Expenses is not liable for any indirect or consequential losses or expenses suffered by the Customer or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party.
10.4 Leader Pumps will not be liable for any loss or damage suffered by the Customer where Leader Pumps has failed to meet any delivery date or cancels or suspends die supply of Goods.
10.5 Leader Pumps will not be liable for any loss or damage suffered by the Customer or any third party where Leader Pumps has failed to meet any delivery date or cancels or suspends the delivery or provision of the Goods.
10.6 Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or supply of services which cannot be excluded, restricted or modified.
11. Security Policy
11.1 Data Security
Our online shop comes with and is already configured to take advantage of the latest security technologies to protect our customers transactions. Once you make a purchase the system will utilize the secure URL that comes with our site to ensure credit card details and other sensitive information is protected using Secure Socket Layers technology.
The secure URL in the form of https://Leader Pumps.worldsecuresystems.com.
Our SSL authentication is provided by GlobalSign Inc (see http://www.globalsign.com/ssl/managed-ssl/ )
11.2 Online Payment Transactions
Online transactions are safe and secure with Leader Pumps. The security of personal and credit card information is the highest priority; Leader Pumps use the latest security technology from GlobalSign, to ensure that both payment information and personal details are encrypted for safe use over the Internet.
The Leader Pumps web site uses a software security concept known as Secure Sockets Layer (SSL) encryption.
This is an industry standard Internet method which takes customer information and card details and encrypts it, making it safe from fraud and hacking.
Leader Pumps uses 128 bit SSL encryption to secure your online transactions. This is by far the most secure method available today for online e-commerce transactions. Look out for the "lock" icon in the bottom right of your browsers status bar, as this is a sign that your information is secure during transmission.
We also recommend that you either upgrade your browser to the latest available as the later browsers have the most up-to-date encryption capabilities, or alternatively upgrade your current browser strength to 128 bit as this will ensure compatibility with the Leader Pumps service.
12. Miscellaneous
12.1 The laws of the State from time to time govern the Terms and the parties agree to the exclusive jurisdiction of the courts of the State, the Federal Court of Australia, and of courts entitled to hear appeals from those Courts.
12.2 Should one or more of the above clauses be void, this shall not affect the validity of the remaining provisions.
12.3 Headings are for convenience only and do not affect the interpretation of this agreement.
Leader Pumps
A division of Clayton Investments Pty Ltd ABN 25 009 703 235
1/75 Kremzow Rd, Brendale Q 4500
Ph: (07) 3881 2770 Fax: (07) 3881 2780
24 Healey Rd, Dandenong Vic 3175
Ph: (03) 9706 9922 Fax: (03) 9706 9533
Document last revised May 2011