TERMS & CONDITIONS OF SALE

 

Rev. 7/12/2021

 

All orders accepted by IDEAL Industries (Aust) Pty Limited (“IDEAL”) via idealind.com (the “IDEAL website”) are subject to the Terms and Conditions of Sale set out below:

1. General


1.1
 All orders for products and services on the IDEAL website at idealind.com (the “IDEAL website”) accepted by IDEAL Electrical (“IDEAL”) are subject to these terms and conditions of sale. No other terms will apply to the supply of products and services by IDEAL unless agreed in writing by an authorized signatory of IDEAL or expressly stated otherwise in these terms and conditions of sale.

1.2 
All descriptions of the products and services contained on the IDEAL website or otherwise communicated to any purchaser of such products or services (the “Customer”) are approximate only and shall not form any part of the contract between IDEAL and the Customer. IDEAL shall not be liable to the Customer for any errors or omissions on the IDEAL website, the IDEAL catalogue, or other product advertisement. The advertising of products and services on the IDEAL website is not an offer capable of acceptance; it merely constitutes an invitation by IDEAL for the Customer to make an offer to purchase particular products and services for the price (including the delivery and other charges) specified on the IDEAL website at the time the Customer places the order.

 

1.3 These terms and conditions of sale do not apply to export transactions or to a distributor of IDEAL products, to which separate terms and conditions of sale apply.

 

1.4 The Customer acknowledges that, by placing an order, it is agreeing to pay for and accept delivery of the goods or services ordered unless the Customer asks IDEAL to cancel that order, and IDEAL sends the Customer written confirmation of the cancellation prior to the goods or services being dispatched to the Customer.

2. Prices

2.1 All prices are in Australian dollars and prices shall be the prices in effect at the time the Customer places the order. Prices and availability of items are subject to change without prior notice.

2.2 
Prices shown include GST but do not include shipping, special handling fees, or duties. Applicable costs will be added to the purchase price upon checkout. All shipments are FOB (Incoterms 2020) shipping point.

 

2.3 Where permitted, IDEAL reserves the right to limit sales, including the right to prohibit resales and sales to re-sellers. 

 

3. Ordering

3.1
 IDEAL reserves the right to reject an order for products and services purchase through the IDEAL website or decline to trade with any company or person for any reason including but limited to if the products or services are not available, if there is an error in the description or price of the requested products or services as advertised on the IDEAL website or if there is an error in the order. IDEAL may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by telephone or email within a reasonable period of receipt of the order by IDEAL. Further, IDEAL may cancel orders which have been accepted by giving written notice of such cancellation to the Customer by telephone, email or facsimile within a reasonable period of receipt of the order by IDEAL.  If IDEAL is unable to contact the Customer, IDEAL will treat the order as cancelled.  If IDEAL rejects or cancels an order for which payment has been taken, it will refund the amount to the Customer as soon as reasonably practicable.

3.2 
IDEAL executes orders according to the orders confirmed via the IDEAL website, but may provide substitute products where requested by the Customer, or where the product has been superseded by the latest version. To the extent that orders cannot be fulfilled completely from stock, the unfulfilled balance will (at the Customer's option) either be put on back order to be fulfilled when IDEAL next has available stock or be cancelled and refunded to the Customer.

3.3 
IDEAL only accepts orders for shipment within Australia and New Zealand. Orders for destinations outside of Australia and New Zealand will not be processed.

 

3.4 IDEAL will endeavour to process and ship orders placed by 12:00pm AEST on the same day, orders placed after 12:00pm AEST will ship next business day.

 

3.5 To speak to someone directly about your order: Call 03 9562 0175. Our customer service coordinators are available from: Monday – Friday 8:00am - 5:00pm AEST.

 

3.6 The Customer warrants that all details provided to IDEAL when placing an order are current, correct and complete, that the Customer is an authorised user of the credit or debit card or other payment method used to place an order and that the credit or debit card or other payment method will cover the full cost of the purchase.

 

4. Shipping Policy

4.1 
Subject to any cancellation, substitution or non-fulfilment of Customer's orders in accordance with clause 3 (Ordering), IDEAL will deliver the products specified in the Customer's order. IDEAL will use third party delivery agents to deliver products to Customers.

4.2 
The Customer's delivery options, and the prices for them, are as set out on the IDEAL website at the date and time of order.

 

4.3 Delivery prices apply per order, irrespective of the number of products ordered. Delivery will be made to the Customer's shipping address nominated by the Customer in the order, unless otherwise agreed in writing.

4.4 
IDEAL will not be liable for delays in delivery or other services caused by acts of God, acts or threats of terrorism, computer or electronic disruptions, failure of suppliers or third party delivery agents to deliver on time, or other circumstances beyond IDEAL’s control.

4.5 
Title to goods purchased from IDEAL does not pass from IDEAL to the Customer until IDEAL has received payment in full for the goods.  All risk in the goods passes to the Customer upon delivery to the shipping address nominated by the Customer in the order. Claims for shortages and/or receipt of incorrect goods must be made in writing to IDEAL within 30 days of shipment.

5. Returns


5.1 Non-warranty returns.  All 
returns for purchases from idealindustries.com.au require a return authorization. For return authorization, please contact customer service at 03 9562 0175 or email ordersaus@idealindustries.comNew, unused and unopened products in its original packaging (if any) may be returned, at Customer’s expense, within 30 days of purchase. Returns with valid proof of purchase and will be credited for the purchase price.  Products must be returned with all components for a full refund. Refunds will be issued to the original form of payment. Returns that do not comply with this clause may be accepted or rejected at IDEAL’s absolute discretion. The Customer is responsible for all shipping costs related to a non-warranty return and IDEAL shall  not be responsible if returned items are lost or damaged in transit.

 

5.2 Warranty returns. For warranty returns, please contact customer service at 03 9562 0175 or email ordersaus@idealindustries.com. Products must be returned with valid proof of purchase.  Please refer to our Warranty policy in Section 7.1 below for additional information.

 

6. ERRORS

6.1
 IDEAL attempts to ensure that the content on its website is accurate, complete and current. However, IDEAL cannot guarantee that its website information is free from errors, inaccuracies or omissions relating to price, product description, availability or otherwise. IDEAL reserves the right to correct such errors or inaccuracies without notice.

7. Warranties

7.1 LIMITED WARRANTY

IDEAL Industries, Inc. warrants that its products to be free from defects in material and workmanship for the periods set forth below for each product category.  To the extent permitted by law, IDEAL will repair or replace, at its option, the defective product free of charge, including shipping charges incurred by Customers for the return of a defective product. Proof of purchase from an Authorized IDEAL Distributor is required for all warranty claims. Warranty is non-transferrable. TO THE EXTENT PERMITTED BY LAW, IDEAL WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE ARISING FROM THIS PRODUCT. 

To the extent permitted by law, the warranties given herein, together with any implied warranties of merchantability or fitness for a particular purpose, are limited in duration to the term of this warranty.  IDEAL distributors have no authority to make representations or warranties other than those contained in this warranty. THIS EXPRESS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN THOSE THAT ARISE UNDER THE AUSTRALIAN CONSUMER LAW.

 

Exclusions: To the extent permitted by law, warranty excludes replaceable component parts, normal wear and tear, calibration, and defects caused by abuse, misuse, neglect, alterations, unauthorized repair, accidents, improper storage, improper installation, presence of foreign matter or caused by events beyond the control of IDEAL. Using products other than as recommended constitutes misuse.

 

 

PRODUCT

 

WARRANTY PERIOD & ADDITIONAL TERMS (to the extent permitted by law)

 

Hand Tools

As long as you own the product

 

Benders

As long as you own the product

 

Premium Leather & Pro Series™ Tool Pouches, Tool Bags, Tool Belts

As long as you own the product

 

Standard Leather Tool Pouches, Tool Bags, Tool Belts

5 years from date of purchase

 

Standard Fabric Tool Pouches, Tool Bags, Tool Belts

90 days from date of purchase

 

Fish Tapes, Fish Poles

As long as you own the product

 

Ratcheting Hand Tool

1 year from date of purchase

 

Drill-Powered Cable Cutter and Handheld Cable Cutter

1 year – excluding blades.                           Blades have a 90-day replacement warranty

 

Cutting Supplies (Including triple-taps, drill bits, step drills, carbide hole cutters, hole saws and arbors, saw blades and jab saws, and knife blades)

1 year from date of purchase.  Using product other than as recommended constitutes misuse.

 

Consumables (including wire marker books, hand wipes, cable ties, staples, switches and toggles, wire pulling lubricant, cable stacker)

90 days from date of purchase

 

Safety (Lockout Tagout)

90 days from date of purchase

 

Twine and Pulling Tape (Mule Tape)

90 days from date of purchase.  IDEAL’s liability for any loss or claim whatsoever, including a claim for breach warranty of merchantability, shall be limited solely and exclusively to replacement of defective products or in lieu of a replacement, IDEAL may issue a refund for the purchase price of the defective product upon receiving the product. IDEAL MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF FITNESS FOR PARTICULAR USE OR OTHERWISE, AND CUSTOMER ASSUMES ALL RISK WHATSOEVER AS TO THE RESULT OF USE OF THE PRODUCTS PURCHASED.

 

Electrical Tape

If product is found to be defective at time of purchase, IDEAL will replace defective product or refund the purchase price, at IDEAL’s option.

 

Lubricant

If product is found to be defective at time of purchase. Purchaser must determine conditions of safe usage and assumes all risk and liability in handling this product.

 

Heat Shrink, Bottle Openers

NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PUPOSE.

 

Wire Term Products (Twist-On Wire Connectors, Push-In Wire Connectors, Luminaire Disconnects, Grounding Products, Streetlight Kits, Electrical Terminals, Crimp Connectors and Insulators, Screw Connectors, Terminal Connectors/Strips/Blocks, Tap Connectors, Connector Socket and Set Screw Holders)

1-year replacement warranty from date of purchase. IDEAL cannot warrant the performance of its wire term products when used with non-IDEAL brand connectors.  Use of these products with non-IDEAL brand connectors will void this Limited Warranty.

 

Datacomm Products

1 year replacement warranty from date of purchase.

 

Test and Measurement Products Model No. 61-063 and 61-501

1 year repair or replacement from date of purchase with same product or functionally equivalent product. Warranty also excludes consumables, such as fuses, batteries, defects caused by leakage of batteries.

 

Test and Measurement Testers

2 years repair or replacement from date of purchase with same product or functionally equivalent product. Warranty also excludes consumables, such as fuses, batteries, defects caused by leakage of batteries.

 

Tester leads and accessories

90-day repair or replacement from date of purchase with same product or functionally equivalent product

 

Stripmaster® Hand Tools and blades

90-day replacement from date of purchase

 

Heat Guns

1 year replacement from date of purchase

 

 

7.2 To the extent permitted by law, in no event will IDEAL, its officers, employees or agents be liable for any consequential or indirect loss or damage, any loss of business or revenue, loss of profit, loss of opportunity, loss of data, loss of goodwill or loss of business reputation arising out of or in connection with the supply of goods or services under these terms and conditions.

 

8. Governing law

 

8.1 These terms and conditions of sale shall be governed by and construed in accordance with the laws of the Victoria.  The parties submit to the non-exclusive jurisdiction of the courts of Victoria.