Terms & Conditions
ArmourCore Terms and Conditions of Sale
1. Preamble
A purchase of goods from ArmourCore Systems Pty Ltd (hereafter, “ArmourCore“) is subject to these Terms and Conditions of Sale, and the ArmourCore Privacy Policy (“Terms”).
2. Orders and Acceptance
The Purchaser’s acceptance of this Agreement shall be evidenced by the Purchaser:
- a) placing an Order for the offered Goods and/or Services; and
- b) making full payment for the Order;
When entering into this Agreement, the Purchaser will be taken to have communicated the Order only when:
- a) any requirements set out in these terms have been met;
- b) the Purchaser’s Order is recorded and stored in ArmourCore’s system; and
- c) ArmourCore receives in its bank account, full payment from the Purchaser for the Order and confirmation of that payment is received by ArmourCore’s system.
The Purchaser acknowledges that:
- a) the transmission of the Purchaser’s Order or the confirmation of any payment, made through an electronic instruction may not be received by ArmourCore for reasons beyond either parties’ control including but not limited to, electronic failure, mechanical failure, software failure, computer failure, telecommunications failure, or the omission or failure of third party providers or systems;
- b) to the extent permitted by law, ArmourCore is not liable to the Purchaser in any way for any loss or damage however caused, arising directly or indirectly in connection with the transmission of an electronic instruction, or any failure to receive an electronic instruction for whatever reason;
- c) ArmourCore may act on and process all completed electronic instructions transmitted to ArmourCore without further consent from or reference to the Purchaser; and
- d) ArmourCore 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.
If the Purchaser’s Order is not accepted by ArmourCore, ArmourCore will notify the Purchaser and arrange for a full refund of any payment made by the Purchaser.
- a) ArmourCore reserves the right to refuse service or supply of goods, or to terminate the Agreement at ArmourCore’s sole discretion.
- b) Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If ArmourCore cannot supply a particular product, ArmourCore will notify the Purchaser as soon as possible.
- c) ArmourCore will be deemed to have accepted the Purchaser’s Order upon issuing a tax invoice for, or fulfilment of, the Order.
3. Price
Prices are shown in various currencies, which are identifiable on ArmourCore’s website. Prices displayed in various currencies are for convenience only and all transactions for Orders are charged in Australian dollars, and include GST where applicable. Prices may not include delivery and handling charges. All prices are subject to change without notice.
Images of products shown without any advertised price beside that image are not offered for sale.
Unless otherwise stated, any accessories shown in any image of products are not included in the price.
All limited time promotional prices, specials and other offers are set to AEST (Australian Eastern Standard Time) and will only be honoured in accordance with time frames for that time zone.
ArmourCore reserve the right to correct any errors published.
4. Payment
All payments must be made in full prior to delivery.
Only valid credit cards or other payment methods acceptable to ArmourCore may be used, and all refunds will be credited to the same credit card or, in ArmourCore’s sole discretion, via another method. By submitting an Order, the Purchaser represents and declares that the Purchaser is authorised to use the payment method provided and authorises ArmourCore to charge the Purchaser’s Order (including taxes, delivery costs, handling and any other amounts related to the Order) to the credit card or other method provided. If the credit card (or other method) cannot be verified, is invalid, or is otherwise not acceptable to ArmourCore, the Purchaser’s Order may be suspended or cancelled automatically.
ArmourCore may use third party service providers to facilitate secure payment of an Order which will be subject to any terms and conditions of those service providers.
ArmourCore reserves the right to carry out security checks on all payments for orders, and decline an order in ArmourCore’s sole discretion.
To the extent permitted by law, ArmourCore will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by the Purchaser where a payment method is fraudulently used or is used in an unauthorised manner.
5. Supply and Delivery
Goods may not be available for immediate delivery. ArmourCore will use its best endeavours to deliver an Order within any stated timeframes for dispatch, however ArmourCore does not warrant that these timeframes will always be met, as many factors may affect these timeframes. ArmourCore manufacturing lead-times can vary depending on demand, and an Order may take a number of days or weeks to be manufactured and dispatched.
When the Purchaser completes an Order, the Purchaser must specify a delivery address which ArmourCore will use as the Shipping Address.
Goods are considered delivered to the Purchaser when the ArmourCore hands the Goods into the care, custody or control of a third party freight contractor.
Regional Areas 3-4 business days
Remote Areas 6-9 business days
Please note that these delivery timeframes are estimates and are not guaranteed.
6. Shipment
ArmourCore will ship an Order to the Shipping Address designated by the Purchaser;
The Shipping Address must be a physical address and cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes or parcel lockers.
ArmourCore reserves the right to refuse to ship an Order to any and all addresses worldwide, in its sole discretion.
Remote locations may result in ArmourCore’s third party freight contractor delivering the Order to the contractor’s depot that is nearest the delivery address designated by the Purchaser.
ArmourCore does not include insurance as part of any Goods purchased;
ArmourCore does not accept liability for any goods lost or damaged in transit.
ArmourCore will not be liable for delivery failures or delays caused by a third party freight contractor.
ArmourCore reserves the right to increase, decrease, add or eliminate shipping and handling charges from time to time without prior notice.
7. Title and risk in goods
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a) ArmourCore confirms receipt of payment for the Order; and
b) ArmourCore hands the Goods into the care, custody or control of a third party freight contractor.
8. Delays
9. Damaged or Faulty Products and Refund Policy
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a) rights under this 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) The right to have the product repaired or replaced or to receive a refund of the price paid by the Purchaser for the product.
ArmourCore recommends that the Purchaser carefully previews every detail of any order before proceeding to confirm the Order.
ArmourCore also recommends the Purchaser immediately inspect any goods received from ArmourCore, to ensure they are completely satisfied with the goods, including that the goods are of acceptable quality, and match the requirements of the Purchaser’s Order.
All Orders are final and ArmourCore does not exchange an item or provide a refund due to the Purchaser changing their mind, making a wrong selection, or submitting an incorrect or incomplete Template for manufacture.
If a refund or credit is granted under the warranty terms, ArmourCore can take up to 14 working days to issue the credit or refund. The cost of freight to ship the Purchaser’s Order will be deducted from the refund total. Items will need to be returned within 14 days from the time of approval if a return is requested by ArmourCore.
10. Warranty
10.1. Warranty Claims
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a) The Purchaser must produce the original ArmourCore invoice or other proof of purchase document disclosing the purchase date and the Goods purchased.
b) The Goods have not been misused, adjusted or altered by any person other than a person or organisation authorised by ArmourCore.
ArmourCore provides this Warranty in addition to all other rights and remedies that the Purchaser may have under Australian law in relation to the Goods to which this Warranty relates.
For a Purchaser who is an Australian resident, our goods come with guarantees that cannot be excluded under the Australian Consumer Law. If the Purchaser is an Australian resident, the Purchaser is entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. The Purchaser is 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.
10.2. WARRANTY EXCLUSIONS
Unless otherwise agreed in writing, ArmourCore has no liability for, and is not required to provide the Warranty for products and services under this agreement if it relates to:
- Misusing or abusing the Goods;
- Where the customer provided the Template, failing to fully follow every instruction in ArmourCore’s Design Instructions;
- Tampering with or making modifications to the Goods;
- Not having taken reasonable steps to prevent damage or failure from occurring to the Goods;
- Neglecting or otherwise failing to maintain the Goods.
In addition to the above, this warranty does not cover the following:
- ArmourCore Goods purchased from a seller other than ArmourCore.
- Accidental damage or damage caused by Force Majeure Events;
- environmental factors;
- 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,
- 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, acids, bases, or water entry into the product;
- damaged caused by cutting or abrasion;
- Normal wear and tear;
- Freight cost associated with transporting the product between the Purchaser and the place of purchase.
11. Privacy and Personal Information
12. Intellectual Property Rights
All Layouts designed by ArmourCore including but not limited to, the purpose of manufacturing the Goods shall be the intellectual property of ArmourCore in perpetuity, including Layout designs based on information provided by the Purchaser to fulfil the Purchaser’s Order. ArmourCore shall retain the right to use any and all sections of a Layout in any way ArmourCore determines, in ArmourCore’s sole discretion.
13. Graphic Identity Usage Rights
The Purchaser grants to ArmourCore a perpetual, worldwide, non-transferable, non-exclusive right to reproduce, transmit and display, in whole or in part, the Purchaser’s visual and/or graphic identity including logo and graphical or visual product and service depictions (“Graphic Identity”), and/or to hyperlink (“Link”) ArmourCore’s internet website to the Purchaser’s internet website, and/or use the purchaser’s Graphic Identity as part of ArmourCore’s internet website and/or on other materials and digital platforms. The purchaser agrees they have the right to grant the license herein. All other rights to the Graphic Identity and accompanying materials (if applicable), including without limitation, copyright and all other rights, are retained by Purchaser.
14. TAXES
Purchaser will pay and agrees to indemnify, defend and hold ArmourCore harmless from any and all taxes and duties (not including any income or excess profit taxes) which may be imposed by any taxing authority, arising from the sale, delivery or use of the Goods, for which ArmourCore may be held responsible for the collection or payment of, either on its own behalf or that of the Purchaser, and shall be paid by Purchaser to ArmourCore upon ArmourCore’s demand.
15. APPLICABLE LAW
This Agreement shall be interpreted in accordance with the plain English meaning of its terms and the construction thereof shall be governed by the laws of the State of Queensland, Australia without regard to conflicts of law principles. ArmourCore may, but is not obligated to, bring any action or claim relating to or arising out of this Agreement in the appropriate court in the jurisdiction described above. Notwithstanding the foregoing, if ArmourCore in good faith determines that enforcement of a judgment granted by a Queensland court would not be given full faith and credit by a court in a jurisdiction where enforcement may be sought, ArmourCore may bring the action in that jurisdiction under Queensland law. If the Purchaser and ArmourCore mutually agree to participate in alternative dispute resolution, the Purchaser agrees that all alternative dispute resolution proceedings shall take place in Brisbane, Queensland, Australia.
The parties specifically disclaim application to this Agreement of the United Nations Convention on Contracts for the International Sale of Goods.
16. NO WAIVER OF RIGHTS
The failure of ArmourCore to enforce at any time, any of the provisions hereof shall not be construed as a waiver of such provisions or a waiver of the right of ArmourCore thereafter to enforce any such provisions. No waiver by ArmourCore of any right hereunder shall be deemed as a waiver of any other right. Each party’s rights and remedies are cumulative and not alternative and are not exclusive of each other or any provided by law. Any waiver of any provision under these terms will only be effective if it is in writing and signed by ArmourCore.
17. ASSIGNMENT
ArmourCore shall have the right to assign to any third party ArmourCore’s rights and obligations under this Agreement, including the personal information, content and rights that ArmourCore has collected from the Purchaser, any agreements it has made with the Purchaser, and the right to receive payment hereunder, as security for a loan, debt collection or otherwise.
18. INDEMNIFICATION
To the extent permitted by law, ArmourCore excludes all liability to the Purchaser or anyone else for loss, cost, expense, anticipated saving, or damage, of any kind (however caused or arising) relating in any way to Goods or an Order including, but not limited to, loss or damage the Purchaser might suffer as a result of:
- a) errors, mistakes or inaccuracies;
- b) The Purchaser acting, or failing to act, on any information provided or displayed by ArmourCore; and
- c) Personal injury or property damage of any kind resulting from the Purchaser’s use of the Goods.
Purchaser hereby releases and agrees to defend, indemnify and hold ArmourCore, its directors, officers, agents and employees, harmless from and against any and all liabilities, suits, demands, losses, damages, claims, expenses, fines or judgments (including, without limitation all attorney’s fees, costs and expenses in connection therewith or incident thereto) for deaths of or injuries to any persons whomsoever (including, without limitation Purchaser’s employees) and for loss of, therewith (or incident thereto) and for loss of, damage to, destruction of, or delay in the delivery of any Goods whatsoever, any manner arising out of or in connection with the Goods subsequent to their delivery by ArmourCore hereunder, regardless of the negligence, active or passive, of ArmourCore’s directors, officers, employees or agents. The Purchaser will, at the request of ArmourCore negotiate any claim or defend any action or suit brought against ArmourCore or in which ArmourCore is joined as a party defendant based upon any matters for which the Purchaser has released and indemnified ArmourCore hereunder. In the event the aforesaid provisions of the Agreement relieving ArmourCore from liability for its own negligence or any other provision whatsoever should for any reason be held ineffective, unenforceable or contrary to public policy, the remainder of the Agreement shall remain in full force and effect. This clause is not intended to exclude or limit any rights which Australian residents may have under the Competition and Consumer Act 2010 (Cth).
19. SCOPE OF THE AGREEMENT
The parties agree that:
- a) The obligations contained in this Agreement and any related documents entered into between the parties as contemplated by this Agreement comprise the whole Agreement between the parties.
b) No further obligations shall be deemed to be implied in this Agreement or to arise between the parties by way of collateral or other Agreement by reason of any statement, representation, warranty or undertaking given or made by any party to any other party or any person on their behalf on or prior to the date of this Agreement.
c) Any terms or conditions proposed by Purchaser that add to, vary from, or conflict with the terms herein are hereby rejected. Any such proposed terms shall be void and the terms and conditions of this Agreement shall constitute the complete and exclusive terms and conditions of the contract between the parties and shall apply to each Good received by the Purchaser from ArmourCore hereunder, and such terms and conditions may hereafter be modified only by written instrument executed by an authorised representative of ArmourCore and the Purchaser.
d) No alteration of this Agreement shall be binding upon any party unless made in accordance with the terms of this Agreement, and made in writing and executed by the parties to this Agreement.
20. MISCELANEOUS
Notices: All notices hereunder shall be in writing and in English and deemed to have been given on the date of delivery or refusal if delivered by hand, on the date of dispatch if correctly sent via electronic method.
Severability: If any provision of this Agreement cannot be given effect or full force by any statutory authority, tribunal or other similar competent authority then such provision shall be severed or read down but so as to maintain and uphold in full force and effect, the remaining provisions of this Agreement.
Interpretation: In the interpretation of this Agreement unless the context or subject matter otherwise requires:
- • singular includes plural and vice versa;
- • any gender includes every gender;
- • a reference to a person includes corporations, trusts, associations, partnerships and other legal entities, and where necessary includes successor bodies;
- • references to writing includes printing, typing, facsimile, digital, and other means of representing or reproducing words, figures, drawings or symbols in a visible form in English;
- • references to signature and signing include due execution of a document by a corporation or other entity.
- • headings are used for convenience only and are to be disregarded in the interpretation of this Agreement;
- • where any word or phrase is given a defined meaning, another grammatical form of that word or phrase has a corresponding meaning;
- • each paragraph or sub-paragraph in a list is to be read independently from the others in the list;
- • reference to an agreement or document is to that agreement or document as amended, novated, supplemented or replaced from time to time; and
- • a reference to a party includes that party’s executives, administrators, substitutes, successors and permitted assigns.
- • days specified are calendar days.
21. DEFINITIONS
In this Agreement unless the context or subject matter otherwise require;
“Agreement” means the contract between the ArmourCore and the Purchaser of which these Terms and Conditions for Goods form part.
“Documents” means tax invoice, purchase order, layout, and other similar documents, whether in physical or digital format, that form part of this Agreement.
“Goods” means products or other related material or services supplied by the ArmourCore under this Agreement.
“Purchaser” means the company, body corporate, trust or person who is the party to the Agreement as buyer of the goods.
“Order” means the offer to purchase Goods, including all shipping and handling services, from ArmourCore at the advertised price.
“ArmourCore” means ArmourCore Systems Pty Ltd (ACN: 645 617 385).
“Layout” means any design or pattern created by ArmourCore for any purpose, including to fulfil the Purchaser’s Order.
“Template” means a digital image submitted to ArmourCore by the Purchaser, that shows drawn outlines, scale references, and other graphical reference points.