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Terms and Conditions

Goulburn Industrial & Welding Supplies Trading as Days Industrial (ABN 42 126 675 492)

1. Website Content

  1. Days Industrial may, at any time, add or remove content from this website without notice
  1. Any information or content published on this website must be read subject to these Terms of Use.
  2. Although Days Industrial uses its best endeavours to confirm the accuracy of any information published on this website, you agree that Days Industrial cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to Days Industrial or by manufacturers or suppliers changing product specifications without notice to Days Industrial Online. You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.
  3. The information, materials and services in this website is provided for general information purposes only. It is current at the time of first publication. It is not legal or other professional advice or intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any information, material or service assessed and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements. You should report any error or omission in any information, material or service, via contact us.
  4. This website may feature or display third party advertising or content. By featuring or displaying such advertising or content, Days Industrial does not in any way represent that Days Industrial recommends or endorses the relevant advertiser, its products or services.
  5. Days Industrial nor any third party will be liable for any errors in content, or for any actions you take in reliance on them. You nor any other person may hold Days Industrial liable for any delays, inaccuracies, errors or omissions in respect of such content, the transmission or delivery of such content or any loss or damage arising from any of them.
  6. Days Industrial Online may promote, advertise or sponsor functions, events, offers, competitions or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk. Days Industrial does not accept any responsibility in connection with your participation in activities conducted by any other party.

2. Your Use of the Website

  1. You agree to use this website only for purposes that are permitted by these Terms of Use, any applicable law or regulation and/or generally accepted practices or guidelines.
  1. You agree that you will not engage in any activity that interferes with or disrupts this website or the servers and networks that host this website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of this website or features that prevent or restrict use or copying of any content or enforce limitations on the use of this website or the content.
  2. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
  3. Days Industrial may stop (temporarily or permanently) providing access to this website to you, or to guests or members generally, at its discretion and without prior notice to you.
  4. Days Industrial may in its sole discretion restrict your access to this website. If Days Industrial does this, you may be prevented from accessing all or parts of the website, your account details or other content contained in your account. Days Industrial will not be liable to you or any third party for doing so.
  5. As electronic websites are subject to interruption or breakdown, access to this website is offered on an "as is" and "as available" basis only.
  6. Days Industrial may impose limits or restrictions on the use you may make of this website. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these terms of use, Days Industrial may withdraw this website, or change or remove website functionality at any time without notice to you.

3. Intellectual Property Rights

  1. The Days Industrial logos are the intellectual property of Days Industrial Retailing Pty Limited and used under limited license by Days Industrial Online.
  1. You acknowledge that any intellectual property rights, including graphics, logos, trademarks, distinctive brand features, design, text, icons, the arrangement of them, sound recordings and all software relating to this website, are owned by Days Industrial, and that these remain the property of their respective owners and must not be used in any manner without the prior written consent of the owner. These intellectual property rights are protected by Australian and international laws and nothing in these Terms of Use gives you a right to use any of them.
  2. Nothing contained on this website is to be interpreted as a recommendation to use any information on this website in a manner which infringes the intellectual property rights of any person. Days Industrial makes no representations or warranties that your use of the information on this website will not infringe such intellectual property rights.
  3. You may view this website and its contents for personal and non commercial use only, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without the prior written consent of Days Industrial or, in the case of third party material, from the owner of the copyright in that material.
  4. You may not modify or copy the layout or appearance of this website nor any computer software or code contained in this website, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to this website.
  5. If you correspond or otherwise communicate with Days Industrial, you automatically grant to Days Industrial an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on this website and developing your ideas and suggestions for improved products.

4. Secure Data and Transmissions

  1. Given the nature of the internet, Days Industrial cannot guarantee that any data transmission is totally secure, free from viruses, fault or other conditions which could damage or interfere with your computer systems and Days Industrial does not warrant that your access to the website will be uninterrupted, error free or that any defects will be corrected. Whilst Days Industrial and its third parties take precautions to protect information, Days Industrial does not warrant and cannot ensure the security of any content or information you transmit via the website. You therefore transmit to the website at your own risk. However, once Days Industrial or its third party receives your transmission, Days Industrial and its third parties will take reasonable steps to preserve its security. If you become aware of any problems with the security of the website, please contact us immediately.
  1. You must take your own precautions to ensure that the process which you use to access the website or any website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, neither Days Industrial nor its third parties will accept any responsibility for any interference or damage to your own computer system which arises in connection with your use of this website, any website or any linked website.

5. Cookies

Cookies may be used on this website to gather data in relation to this website and you consent to this (although you may be able to disable cookies on your web browser).

6. Use of Your Information and Material

Days Industrial appreciates any suggestions ("unsolicited ideas”) you may have regarding ways in which this website may be improved or materials which may be added to this website. Any unsolicited ideas that you submit will not be regarded as confidential and will become the property of Days Industrial. Days Industrial may use, reproduce, disclose, publish, modify, adapt and transmit them to others, without restriction or any obligation to compensate you.

7. Privacy Policy

We at Days Industrial value the relationship we have with our customers and we are committed to responsible information handling practices. Your privacy on the Internet is important to us. Because we gather certain types of information to process orders, we want you to understand the terms and conditions surrounding the capture and use of that information. This privacy statement discloses what information we gather, how we use it, and how to correct or change it. ALL personal information collected on Days Industrial is transmitted over secure SSL connection, and never passed on to third parties. Credit Card details are securely collected at the time of payment for the sole purpose of transmitting to the banks for processing. No Credit card information is ever physically stored in the Days Industrial database. We are committed to the Privacy Principles under the Privacy Act 1988 - available at: http://www.privacy.gov.au/publications/ipps.html Access date: 01/05/2005

We use the information you provide in order to:

  1. full fill requests for products, services or information,
  2. provide customer services,
  3. administer drawings or promotions,
  4. offer new products and services,
  5. measure and improve the effectiveness of our Websites, our marketing efforts, or our services and offers,
  6. tailor our online or in-store offerings to your preferences,
  7. administer surveys,
  8. send marketing communications or
  9. other business purposes.

We request that children under 17 do not submit or post any information to the site without parent or guardian's consent. We will not request or knowingly collect from a child any information online that can be traced to the child, such as an e-mail address, name, or information about the child's family. Unless a parent or guardian consents to such use in advance, we will not knowingly use information that a child provides to us for any marketing, selling or promotional purposes. Also, please note that you may receive business-related communications such as order confirmations, product recall information, Newsletters or other administrative communications. If you have any further questions please contact us through the contact form.

8. Disclaimer

  1. Days Industrial make no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in this website or to its availability, functionality or performance, except as otherwise provided under any applicable law.
  1. Days Industrial do not accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside their control), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do they accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this website. To the maximum extent permitted by law, Days Industrial disclaim any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this website or the information that it contains.
  2. The use of the information on this website is at your own risk. To the extent permitted by law, Days Industrial exclude all liability of any of them in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this website or provided through this website through email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third party claims. If any liability is not able to be excluded by law, Days Industrial limit their liability to the re-supply of the relevant information or services.
  3. You agree to indemnify Days Industrial and other persons involved in the creation of this website from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide via this website or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy and trade mark infringement.

9. Governing Law and Jurisdiction

These Terms of Use are governed by and construed in accordance with the laws of New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms of Use, which will continue in full force and effect. If you access this website in a jurisdiction other than New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. Days Industrial makes no representations that the content of this website complies with the laws of any country outside Australia.

10. General

These Terms of Use may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of this website following such amendment of these Terms of Use will represent an agreement by you to be bound by the Terms of Use as amended. Where your access to this website is terminated, all disclaimers and limitations of liability set out in these Terms of Use will survive. Reference to "website” includes the whole or any part of the web pages located on this webpage (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content).

Days Industrial Terms and Conditions of Sale

1. About Days Industrial

  1. Your purchase of goods from daysindustrial.com.au ("websites”) is subject to these Terms and Conditions of Sale ("Terms”), the Terms of Use and any Catalogue Terms. If you do not accept these Terms, you must refrain from using this website or making a purchase from this website.
  1. The goods and services described in this website are available from Days Industrial only, and will be available for you to make an offer to Days Industrial via the website to purchase at the specified price on or before the end date specified in a current catalogue, or until otherwise removed from the website or as specified, and where Days Industrial accepts your offer, Days Industrial will sell the goods or services to you in accordance with these Terms and any Catalogue Terms.
  2. You and Days Industrial may enter into a sale contract for the sale and supply of products, by you making an offer to Days Industrial via the website, to purchase goods at the specified price, subject to these Terms.
  3. The Days Industrial logo and words are the intellectual property of Days Industrial.
  4. In these terms: - "you”, "user”, "member”, and "guest” means anyone who visits and/or uses this website. - a reference to the "websites" means daysindustrial.com.au or any associated websites owned by Days Industrial. - "Order" means an offer made by you in response to an invitation to treat made by Days Industrial via the website.

 

 

2. User Agreement

  1. By accessing and/or using the website, you accept these terms and agree to be bound by them, and an agreement is formed between us and you.
  1. These Terms may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of the website following such amendment of these Terms will represent an agreement by you to be bound by these Terms as amended. We recommend you review the terms for amendments each time you use the website and before placing any Order. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or our third party.

3. Guests and Registered Users

  1. You may access and/or use the website as a guest or as a member.
  1. To become a member of the website, you must provide your name and address, telephone number and a valid email address. If you do not provide accurate and complete details we may not be able to activate your membership or supply products to you. You agree to keep your membership details current at all times by accessing your account via the website or by contacting us through the website.
  2. We only permit one registration per email address.
  3. You must not use another members’ account without permission.
  4. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your account.
  5. We reserve the right to terminate a member’s account without notice for any reason whatsoever including without limitation, if you have breached or we suspect you have breached these terms.

4. Legal Capacity

  1. Any Order and/or purchase made by you using this website is an acknowledgement by you that you: i. accept these terms; ii. agree that you have entered into a legal contract with Days Industrial in relation to these terms; and iii. these terms, together with your order, constitute the entire agreement between you and Days Industrial for the supply of products.
  1. Days Industrial reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an order to be placed, for any loss or damage Days Industrial may suffer as a result of a transaction entered into by a minor.

5. Orders

  1. Please choose carefully as refunds are not normally provided where you have simply changed your mind, made a wrong selection or simply found the item cheaper elsewhere. We recommend you carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order.
  2. When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the product(s) only when:
  3. You acknowledge that:
  4. You will receive an email from Days Industrial as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact us via our website.
  1. If a refund or credit is granted, Days Industrial can take up to 14 working days to issue the credit or refund for any returned items. Items will need to be returned within 14 days from the time of approval.
  2. You and Days Industrial may enter into a contract for the sale and supply of products by you making an offer via the website to purchase a product at the price advertised on the website by:
    1. placing an electronic Order for the products using the website;
    2. you confirming the Order details in accordance with the procedure on the website;
    3. you making payment in full (plus any applicable delivery charges) on the website; and
    4. the acceptance of that offer by Days Industrial.
    1. any requirements set out in these terms have been met;
    2. the electronic instruction containing the offer from you enters and is recorded in our database;
    3. a record is created and stored in our database; and
    4. Days Industrial receives in its account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.
    1. the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by Days Industrial for reasons beyond either parties' reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website providers or systems;
    2. to the extent permitted by law Days Industrial is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;
    3. Days Industrial may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and
    4. Days Industrial may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
  1. If your Order is not accepted by Days Industrial, Days Industrial will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.
  2. Days Industrial may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your Order.
  3. Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If Days Industrial cannot supply a particular product, Days Industrial will notify you by telephone or email as soon as possible.
  4. Days Industrial will be deemed to have accepted your Order on the first to occur of issue to you by email of a tax invoice for the sale and the fulfilment of your Order.

6. Price

  1. Prices shown are in Australian dollars and include GST where applicable. Prices may not include delivery and handling charges. Prices are subject to change.
  1. Each published saving in respect of a product is by reference to the lower of the recommended retail price of the manufacturer or the normal ticketed price of Days Industrial.
  2. Images of products shown without any advertised price beside that image are not offered for sale.
  3. Unless otherwise stated, any accessories shown in any image of products are not included in the price.
  4. All limited time promotional prices, specials and other offers are set to AEDT (Australian Eastern Daylight Time) and will only be honored during this time frame.
  5. We reserve the right to correct any errors published on the website.

7. Payment

  1. All payments must be made in full prior to delivery.
  1. Payments must be made via NAB or PayPal secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers.
  2. Days Industrial has the right to carry out security checks on any sales over $300.00.

9. Supply and Delivery

  1. Subject to you complying with these Terms and acceptance of your Order by Days Industrial, Days Industrial will sell and supply the products to you as shown on your Order confirmation.
  1. Products may not be available for immediate delivery. Days Industrial handling time is 1-5 working days.
  2. When you complete your Order you will be prompted to select whether you wish to collect your Order from a Days Industrial Store or to have the Order delivered to an address specified by you.
  3. During "Free Shipping Australia Wide" promotions, terms and conditions may apply for free shipping to regional areas in Australia. Freight charges may be incurred for orders shipped outside of Metro areas.

10. Delivery by Post or Carrier

  1. The terms of this clause apply where you select to have your goods delivered to a specified address.
  1. The delivery address must be an address within Australia and cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes.
  2. Days Industrial will use its best endeavours to deliver your Order within any stated timeframes for dispatch, however Days Industrial does not warrant that these timeframes will always be met, as many factors may affect these timeframes.
  3. Days Industrial does not include insurance as part of any product purchased; this will need to be purchased separately to protect our customers from any lost or damaged goods. Days Industrial does not accept liability for any goods lost or damaged in transit without insurance. Please contact us on onlinesales@daysindustrial.com.au to purchase insurance once you have placed your order. Please document your order number in email.
  4. Days Industrial cannot and will not accept responsibility for delivery failures or delays by our third party delivery contractor.
  5. Days Industrial Store or to have the Order delivered to an address specified by you.
  6. During "Free Shipping Australia Wide" promotions, terms and conditions may apply for free shipping to regional areas in Australia. Freight charges may be incurred for orders shipped outside of Metro areas.

11. Orders for Collection at a Days Industrial Store

  1. The terms of this clause apply where you select to collect your Order from a Days Industrial Store.
  1. If you select to collect your goods from a Days Industrial Store, a representative of the relevant Days Industrial Store will contact you by telephone or email to notify you when the Order is available for collection.
  2. Orders for collection at a Days Industrial Store must be collected within 7 days of the relevant Days Industrial Store giving you notice by telephone or by email that your Order is available for collection. If your Order is not collected within this time, the relevant Days Industrial Store has the right to allocate those goods to another customer and reorder the goods for you.
  3. When picking up your items, you are required to supply a copy of your order, photo ID and credit card used to make the purchase. (If you pay via PayPal, your credit card is not required).

12. Title and risk in goods

Title and risk in the products, such as loss and damage, pass to you on delivery or collection, as the case may be.

13. PayPal and credit card fraud

  1. The website employs NAB and PayPal secure payment gateway to secure our payment systems.
  1. To the extent permitted by law, Days Industrial will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card or PayPal account is fraudulently used or is used in an unauthorised manner.

14. Disclaimer and Indemnity

  1. To the extent permitted by law, Days Industrial and exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
  2. Except as expressly provided in these terms, and to the fullest extent allowed by the law, Days Industrial and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.
    1. Errors, mistakes or inaccuracies on the website;
    2. You acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
    3. Personal injury or property damage of any kind resulting from your access or use of the website;
    4. Any unauthorised access to or use of the websites secure servers;
    5. Any interruption or cessation of transmission to or from the website;
    6. Any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; and/or
    7. The quality or fitness for any purpose of any linked sites.
  1. You will at all times indemnify, and keep indemnified, Days Industrial, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms.
  2. This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (Cth).

15. Order Enquiries If you have any query about the progress of your Order please contact onlinesales@daysindustrial.com.au.

16. Damaged or Faulty Products and Refund Policy

  1. If any product ordered by you arrives damaged or is not of acceptable quality you may have: - (a) rights under the Refund Policy; - (b) Legal rights and remedies in Australia under the Competition and Consumer Act 2010 and other rights under other consumer laws applying in each Australian State and Territory; and/or - (c) To have the product repaired or replaced or to receive a refund of the price paid by you for the product.
  1. Please choose carefully as refunds are not normally provided where you have simply changed your mind, made a wrong selection or simply found the goods cheaper elsewhere. We recommend you carefully preview any orders before adding them to your shopping cart and proceeding with your order.
  2. We also recommend you immediately inspect any goods that we deliver to you or that you collect from a Days Industrial store, to ensure you are completely satisfied with the goods, including that the goods are of acceptable quality, and match the description we have provided to you.
  3. Signing the delivery note means you have received the goods and they are in good working order and take ownership for those goods. Days Industrial will not be liable for these delivered goods once the delivery note signed.
  4. Exchanges are accepted given they are processed within 14 days from time of delivery
  5. If your Order arrives damaged, please contact onlinesales@daysindustrial.com.au.

 

 

17. Privacy and Personal Information

  1. Our Privacy Policy available on this website explains how your personal information is collected and managed in accordance with the National Privacy Principles in the Privacy Act 1988 (Cth).
  1. The privacy of your personal information is important to Days Industrial.
  2. Days Industrial and its third parties may collect personal information directly from you when you register as a member of the website, when you place an Order, or when you contact onlinesales@daysindustrial.com.au. Personal information may include your name, residential and/or postal address, telephone number and email address.
  3. Your personal information is not collected if you only browse this website.
  4. Online payments are handled by NAB and Paypal. Days Industrial does not store your credit card or banking details. Please check the http://www.nab.com.au and www.paypal.com.au websites for details of their privacy policies and security measures.
  5. Days Industrial and their authorised third parties, may use your personal information for the purposes for which you give it to any of them and for their own internal purposes. You agree that Days Industrial and/or its third party may use your email address to send you messages concerning your membership account, any Orders you place and information about the products sold via the website that Days Industrial thinks may be of interest to you. If you would prefer not to receive promotional or other material from Days Industrial or its third parties, please let us know and Days Industrial will respect your request. You also agree that Days Industrial may contact you by telephone to arrange delivery or collection of your Order.

18. Delays

Days Industrial Online will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.

19. Warranty

Days Industrial warrants that all products supplied by it and purchased by you from DAYS INDUSTRIAL (‘Days Industrial’) dealers throughout Australia are free of defects except for those products listed under Warranty Exclusions.

20. Gift Cards

  1. The Days Industrial Gift Card may be used to make purchases at all Days Industrial stores and online.
  1. Gift Cards are not redeemable for cash.
  2. No change will be given for any amount on the card.
  3. The Gift Cards amount cannot be increased after purchase.
  4. The expiry date on all gift cards is one year from date of purchase. Date is set in AEDT (Australian Eastern Daylight Time).
  5. You may use your Gift Card on a purchase less than the value of the Gift Card. The remaining amount may be used on your next purchase up until the final amount is used.
  6. Where the cost of the purchase exceeds the Days Industrial gift card amount, the card holder will be required to make up the difference with an alternate form of payment.
  7. The Days Industrial gift card should be treated like cash, therefore the value of this Days Industrial gift card will not be replaced if the card is lost, stolen or destroyed.
  8. Use of this Days Industrial gift card constitutes acceptance of these terms and conditions.

Warranty Claims

If you consider that the product supplied by Days Industrial is defective, you can lodge a claim under this Warranty and any apparent fault, except for calibration, can be assessed by Days Industrial within the Warranty Period covered for the product purchased by you provided that you meet the following conditions;

  1. The product is of merchantable quality and was used in a good working environment
  1. You must produce the original invoice or other proof of purchase document disclosing the purchase date.
  2. All costs of return postage, transport and freight, travelling expenses, hiring tools and insurance are paid by the customer.
  3. The product is free from defect in material and has not been misused, adjusted or serviced by any person other than a person or organization authorized by Days Industrial.

Days Industrial provides this Warranty in addition to all other rights and remedies that you may have under law in relation to the products to which this Warranty relates.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these conditions of Warranty are excluded and Days Industrial is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate the customer for:

  1. Any increased cost or expenses
  1. Any loss of profit, revenue, business, contracts or anticipated savings
  2. Any loss or expense resulting from a claim by a third party; or
  3. Any special, indirect or consequential loss or damage of any nature whatsoever

WARRANTY EXCLUSIONS

Unless otherwise agreed in writing, Days Industrial has no liability for, and is not required to provide Warranty Services under this Warranty if it relates to:

  1. Warranty services outside of Business Hours,
  1. Misusing or abusing the product or any of the accessories included within the kit,
  2. Operating the product in a manner that is not in accordance with the Instruction Manual supplied with the product,
  3. Using incorrect batteries or charges,
  4. Using any unauthorised, non-genuine or non-standard parts in connection with the Product,
  5. Using the with knowledge of or evidence of partial failure or a fault,
  6. Tampering with the product in any way otherwise stated in the Instruction Manual,
  7. Making mechanical adjustments inconsistent with the Instruction Manual,
  8. Not having taken reasonable steps to prevent damage or failure from occurring to the product,
  9. Storing the product inconsistently to the instructions provided in the Instruction Manual,
  10. Neglecting or otherwise failing to maintain the product in accordance with the instructions in the Instruction Manual,
  11. Repairing or carrying out work on the product by any person other than a person or organization authorized by Days Industrial.

IN ADDITION TO THE ABOVE, THIS WARRANTY DOES NOT COVER THE FOLLOWING:

  1. Products purchased outside of NSW or from a private seller or another dealer other than Days Industrial.
  2. Damage, failure or defects that occur for reason or reasons that were already disclosed to you or ought reasonably to have been disclosed to you prior to your purchase of the product,
  1. Accidental damage or damage caused by Force Majeure Events including:
    • environmental factors,
    • natural discolouration of material due to ultraviolet light,
    • crushing, impact with hard surfaces or damage cause in the transit of the product or to any parts,
    • damage caused by excessive heat or cold ,
    • damaged caused by solvents, or water entry into the product,
    • damaged caused by contact with sand, rust, corrosion, fire, vermin and insect infestation, power outages or surges or inadequate voltage or current,
    • abnormal product performance caused by any ancillary equipment interference or other external factors,
  1. Normal wear and tear,
  2. Calibration,
  3. Freight cost associated with transporting the product between you and the place of purchase,
  4. Products with serial numbers that have been altered or removed,
  5. Consumable items supplied with the product or that are part of the product, such as battery packs.

No changes to these conditions are to be made without the written approval of the supplier.

20. Governing Law

  1. These terms will be governed by and interpreted in accordance with the laws of New South Wales, Australia and you irrevocably submit to the non exclusive jurisdiction of the Courts of New South Wales, Australia. If any provision of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.
  1. If you access the website in a jurisdiction other than New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. Days Industrial makes no representations that the content of the website complies with the laws of any country outside Australia.

21. Severability

If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and Days Industrial.

22. Transfer and Assignment

If Days Industrial merges, sells or otherwise change control of its business or this website to a third-party, Days Industrial reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that Days Industrial has collected from you and any agreements it has made with you.

23. Waiver

The failure by Days Industrial to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by Days Industrial.