Terms and Conditions
You and Fremantle Power Tools may enter into a contract for the sale and supply of products by you making an offer to purchase a product at the price advertised by placing an order on the website, making payment in full and the acceptance of that offer by Fremantle Power Tools.
You acknowledge that the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by Fremantle Power Tools 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.
To the extent permitted by law, Fremantle Power Tools 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;
Fremantle Power Tools may act on and process all completed electronic instructions transmitted or issued without further consent from or reference to you.
Fremantle Power Tools 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.
You will receive an email from Fremantle Power Tools 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 email or phone.
If your order is not accepted by Fremantle Power Tools, Fremantle Power Tools will notify you by telephone or email and arrange for a full refund of any payment made by you as soon as practical.
Fremantle Power Tools may, in its sole and absolute discretion, accept or reject any offer made by you for any reason, including an error in the advertised price or description of the products on the website, or an error in your order.
Stock availabilities are to our best knowledge and are subject to change. If Fremantle Power Tools cannot supply a particular product, Fremantle Power Tools will notify you by telephone or email as soon as possible.
Price
Prices shown are in Australian dollars and include GST where applicable. Prices may not include delivery and handling charges. Prices are subject to change.
Unless otherwise stated, any accessories shown in any image of products are not included in the price.
We reserve the right to correct any errors published on the website or catalogues.
Payment
All payments must be made in full prior to delivery.
Payments must be made via EFT or PayPal secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers.
Fremantle Power Tools has the right to carry out security checks on any sale.
Supply and Delivery
Subject to you complying with these Terms and acceptance of your order, Fremantle Power Tools will sell and supply the products to you as shown on your order confirmation.
Products may not be available for immediate delivery. Fremantle Power Tools will endeavour to deliver your order within a reasonable time, however many factors may be beyond our control.
When you complete your order you will be prompted to select whether you wish to collect your order from Fremantle Power Tools store or to have the order delivered to an address specified by you.
Delivery by Post or Carrier
Fremantle Power Tools does not include insurance as part of any product purchased. Fremantle Power Tools does not accept liability for any goods lost or damaged in transit and will not accept responsibility for delivery failures or delays by our third party delivery contractor.
Orders for Collection at a Fremantle Power Tools Store
If you choose to collect your goods from Fremantle Power Tools, a representative of Fremantle Power Tools will contact you by telephone or email to notify you when the Order is available for collection.
Where possible, orders for collection at Fremantle Power Tools should be collected within 14 days of Fremantle Power Tools giving you notice that your Order is available for collection. If your Order is not collected within this time, Fremantle Power Tools has the right to allocate those goods to another customer and reorder the goods for you.
When picking up your items, you may be asked to supply a copy of your order, photo ID and credit card used to make the purchase.
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.
PayPal and credit card fraud
The website employs PayPal secure payment gateway to secure our payment systems.
To the extent permitted by law, Fremantle Power Tools 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.
Disclaimer and Indemnity
To the extent permitted by law, Fremantle Power Tools will not be liable 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 errors, mistakes or inaccuracies on the website;
- You acting, or failing to act, on any information contained on or referred to on the website and/or any linked website.
- Personal injury or property damage of any kind resulting from your access or use of the website.
- Any unauthorised access to or uses of the websites secure servers.
- Any interruption or cessation of transmission to or from the website.
- 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 the quality or fitness for any purpose of any linked sites.
Except as expressly provided in these terms, and to the fullest extent allowed by the law, Fremantle Power Tools 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.
You will at all times indemnify, and keep indemnified, Fremantle Power Tools, 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.
This clause is not intended to exclude or limit any rights which you may have under the Australian Consumer Law.
Damaged or Faulty Products and Refund Policy
If any product ordered by you arrives damaged or is not of acceptable quality you may have legal rights and remedies under the Australian Consumer Law to have the product repaired or replaced or to receive a refund of the price paid by you for the product.
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 also recommend you immediately inspect any goods that we deliver to you or that you collect from Fremantle Power Tools, 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.
Signing the delivery note means you have received the goods and they are in good working order and take ownership for those goods. Fremantle Power Tools will not be liable for these delivered goods once the delivery note signed.
If your order arrives damaged, please contact us by telephone or email.
Privacy and Personal Information
The privacy of your personal information is important to Fremantle Power Tools.
Fremantle Power Tools 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 us. Personal information may include your name, residential and/or postal address, telephone number and email address.
Your personal information is not collected if you only browse this website.
Paypal handles online payments. Fremantle Power Tools does not store your credit card or banking details. Please check the www.paypal.com.au websites for details of their privacy policies and security measures.
Fremantle Power Tools may use your personal information for the purposes for which you give it to them and for their own internal purposes. You agree that Fremantle Power Tools may use your email address to send you messages concerning any orders you place and information about the products sold via the website that Fremantle Power Tools thinks may be of interest to you. If you would prefer not to receive promotional or other material from Fremantle Power Tools, please let us know and Fremantle Power Tools will respect your request. You also agree that Fremantle Power Tools may contact you by telephone to arrange delivery or collection of your Order.
Delays
Fremantle Power Tools 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.
Warranty
Fremantle Power Tools warrants that all products supplied by it and purchased by you from Fremantle Power Tools are free of defects except for those products listed under Warranty Exclusions.
Warranty Claims
If you consider that the product supplied by Fremantle Power Tools is defective, you can lodge a claim under this Warranty and any apparent fault, except for calibration, can be assessed by Fremantle Power Tools within the Warranty Period covered for the product purchased by you provided that you meet the following conditions;
You must produce the original invoice or other proof of purchase document disclosing the purchase date, unless the serial number can be found on the product and used to find purchase details in Fremantle Power Tools database.
All costs of return postage, transport and freight, travelling expenses, hiring tools and insurance are paid by the customer.
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 Fremantle Power Tools or its agents.
Fremantle Power Tools 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 Fremantle Power Tools is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate the customer for:
- Any increased cost or expenses
- Any loss of profit, revenue, business, contracts or anticipated savings
- Any loss or expense resulting from a claim by a third party; or
- Any special, indirect or consequential loss or damage of any nature whatsoever.
WARRANTY EXCLUSIONS
Unless otherwise agreed in writing, Fremantle Power Tools has no liability for, and is not required to provide Warranty Services under this Warranty if it relates to:
- Misusing or abusing the product or any of the accessories included within the kit
- Operating the product in a manner that is not in accordance with the Instruction Manual supplied with the product,
- Using incorrect batteries or chargers,
- Using any unauthorised, non-genuine or non-standard parts in connection with the product,
- Using the product with knowledge of or evidence of partial failure or a fault,
- Tampering with the product in any way otherwise than stated in the Instruction Manual,
- Making mechanical adjustments inconsistent with the Instruction Manual,
- Not having taken reasonable steps to prevent damage or failure from occurring to the product,
- Storing the product inconsistently to the instructions provided in the Instruction Manual,
- Neglecting or otherwise failing to maintain the product in accordance with the instructions in the Instruction Manual,
- Repairing or carrying out work on the product by any person other than a person or organization authorized by Fremantle Power Tools or its Agents.
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,
- 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,
- Normal wear and tear,
- Calibration,
- Freight cost associated with transporting the product between you and the place of purchase,
- Products with serial numbers that have been altered or removed,
- 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.
Governing Law
These terms will be governed by and interpreted in accordance with the laws of Western Australia, Australia and you irrevocably submit to the non exclusive jurisdiction of the Courts of Western Australia, 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.
If you access the website in a jurisdiction other than Western Australia, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. Fremantle Power Tools makes no representations that the content of the website complies with the laws of any country outside Australia.
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 Fremantle Power Tools.
Transfer and Assignment
If Fremantle Power Tools merges, sells or otherwise change control of its business or this website to a third-party, Fremantle Power Tools reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that Fremantle Power Tools has collected from you and any agreements it has made with you.
Waiver
The failure by Fremantle Power Tools 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 Fremantle Power Tools.