Terms & Conditions
1. Every quotation is an estimate only and is subject to withdrawal correction or alteration at any time prior to the seller's acceptance of the buyer's order.
1.1 All quotations available to the general public via our website are not available on in-store purchases.
1.2 All products shown on our website may not be available in store at time of purchase.
2.1. Orders are accepted on the basis that the seller reserves the right to vary the prices payable by the buyer to accord with those ruling at the date of despatch, except where prior negotiations allows an order on an alternative basis. In the event that any order or other document forwarded by the buyer to the seller contains anything inconsistent with these conditions such order or other document, if accepted, is accepted only on the express understanding that these conditions are to prevail in all cases.
2.2. Except where the seller fails to deliver the goods set out in an order, on acceptance of the buyer's order any desposit paid by the buying to the seller shall not be refunded without prejudice however to the seller's right to damages on the purchaser's failure to perform a contract between the parties. Except where the seller fails to deliver the goods, a cancellation charge will apply to any desposit or layby. A order must be collected within 21 days from initial payment date.
3.1 Prices are subject to buyer's order being for the whole quantity mentioned in the quotation unless otherwise negotiated.
3.2 Payments for all orders are due within seven (7) days or the next working day or where it has been negotiated to prevent the automatic cancellation of purchases.
4. Whilst every endeavour will be made to effect delivery by the date given, the seller shall not be liable to penalties or damages (either direct or indirect) for failure to deliver within the time stated due to strikes, accidents, wars and any other causes beyond the seller's control.
5.1. Property in the goods shall not pass until the seller has received payment in full although risk in the goods passes on delivery.
5.2. Where the goods have been delivered to the buyer but the seller has not been paid then until payment is received the buyer agrees to keep the goods as a fiduciary for the seller to store or otherwise identify the goods in a manner that clearly shows the ownership of the seller and if required to deliver the goods to the seller, in which case the buyer is liable to pay all damages including all or any rental charges associated with the return of the goods. The buyer also gives permission for a representative of Newcastle Pro Sound and Communications to sign on their behalf any Optus or Telstra documentation which will disconnect the service to the Mobile Network if, and only if, payment in full has not been effected.
6.1. Without prejudice to any statutory rights available to the buyer, all goods supplied are covered by such warranty as is specified by the manufacturer and supplied subject to the products standards detailed by the manufacturer.
7.1. The buyer's attention is drawn to Section 68A of the Trade Practices Act, 1974, ("the Act") which has the effect to enabling suppliers in respect of the contracts for the supply of goods or services not being goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption to limit their liability in certain circumstances for the breach of certain of the conditions and warranties implied by the Act.
7.2. Subject to the qualifications contained in Section 68A of the Act should the seller be liable for breach ofg a condition or warranty implied by Division 2 of Part V of the Act (not being a condition or warranty implied by Section 69 of the Act) the sellers liability for such breach shall be limited to:
(a) in the case of goods. any one of the following as determined by the seller;
(i) the replacement of the goods or the supply of equivalent goods; or
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquring equivalent goods; or
(iv) the payment of the cost of having the goods repaired.
(b) in the case of services, one of the following as determined by the seller;
(i) the supplying of services again;
(ii) the payment of the cost of having the services supplied again.
7.3. To the full extent permitted by law, but subject always to the above terms and conditions, warranties and represtations not expressly contained herein are hereby expressly negated and excluded.
8. The buyer will be responsible for immediate examination of goods after arrival at the place of delivery and the seller shall, except as may otherwise be mandatory by law, not be liable for any claim to which it would otherwise be liable in respect of damaged goods including goods damaged in course of transit and the buyer shall be demmed to have accepted the goods are of the description, quality and quantity ordered unless particulars of claim are notifed to the seller in writing within seven (7) working days after arrival of goods at the place of delivery.
9. Subject to paragraph 8, the seller will not accept return of the good unless such return is authorised by the seller.
10. Sales Tax is included in price unless printed on the invoice.
11. Where the buyer is a corporation, the seller is entitled to charge interest on overdue accounts at the rate of one and one-half per cent calendar month calcutated from the date 30 days after invoice.
12. To the full extent permitted by law the seller's liability for any breach of contract or for any negligent act or omission is limited to the cost of replacement of the goods or supply of equivalent goods and shall not extend to consequential loss, loss of profits or any liability for damage to property or death of or injury to persons howsoever caused.
13. If the buyer fails to make any payment to the seller by the due date the seller may without notice withhold delivery of any further goods to the buyer until payment of all monies due to the seller by the buyer on any account has been made in full and the seller may furthermore, at its discretion, treat the buyer as having repudiated any or all subsisting contracts between the seller and buyer.
14. Where goods are manufactured to the buyer's specification the buyer indemnifies the seller against any liability to or action by a third party for infingement or alleged infringement of a patent, registered design, trademark or copyright.
15. The buyer will be responsible for transporting goods for warranty repair to and from the sleer's place of business. Risk of loss or damage to the goods will be at buyer's risk during transit.
16. Layby cancellations will incur a 30% cancellation fee as well as an administration fee of 10% of the total desposits paid.
17. Stock returned for refund will incur a restocking fee of 30% of the total cost. Goods must be returned in original packing.
18. All returns that require freight and additional chargers are at the sole expense of the customer.
19. All returns are to be sent via Registered Post.
20. All emails from purchases will automatically added into the monthly newsletter, You can Opt-Out at any time by "Unsubscribing" via any newsletter you receive from us.