TERMS & CONDITIONS OF SALES

Please take a moment to thoroughly review these terms before making any purchases of products or services from ENDY AUSTRALIA. Your order placement signifies your acceptance of these terms. The following terms outline the conditions under which Weithlee Pty Ltd, doing business as "ENDY AUSTRALIA" or simply "ENDY," offers products and/or delivers services in Australia.

1. Acceptance of Sales Terms and Conditions
1.1 These terms and conditions are applicable to all sales transactions conducted by ENDY AUSTRALIA, as specified in the invoice. By placing an order for our Products/Services or receiving the Products/Services mentioned in the invoice, the purchasing party or ordering entity ("Customer") acknowledges and agrees to comply with these terms and conditions("Terms"). ENDY retains the right to modify these terms and conditions at its sole discretion without prior written notice. Any such modifications will apply to all orders accepted by ENDY after the date of implementation.

2. Orders and Payment
2.1. By submitting your purchase order to ENDY, you as Customer acknowledge and agreed to these Terms.
2.2. Unless otherwise specified, payment terms which have been expressly agreed by ENDY, all other payments for ‘sale of goods’ on the invoices shall be made in TT in Advanced before delivery of all products and /or services proceeds.
2.3. ENDY may process payment for and ship parts of an order separately. ENDY reserves the right at any time, even after we send a confirmation email to Customer to decline or cancel your order or to limit order quantities for any reasons, such as errors or suspected fraud.
2.4. Customer shall pay for all orders shipping costs and handling charges. Customer shall bear all country, provincial, government, state and local sales, use, goods and services, value added, excise, privilege and similar levies/taxes.
2.5. If the Customer fails to make payment in full on the due date, the whole of the balance of the price of the Goods then outstanding will become immediately due and payable and, without prejudice to any other right or remedy available to ENDY, ENDY will be entitled to:
   a)    terminate the Contract or suspend any further deliveries of Goods (whether ordered under the same contract or not) to the Customer;
   b)    suspend all further manufacture, delivery, installation or warranty service until payment has been made in full, and;
   c)    charge interest on the amount outstanding from the due date to the date of receipt by ENDY (whether or not after judgment), ENDY reserves the right to charge interest at the rate of 5% or above the base commercial floating rate for National Australia Bank in Brisbane, initially from the original deadline for a payment. Accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment.
2.6. Returned Payments: If customers check payments do not process due to insufficient funds, or for any reason a payment is rejected a fee of $60AUD will be assessed. You may also incur an administrative fee of $50AUD.
2.7. Purchase Order:
   a) Placement of a Purchase Order constitutes acceptance by Customer of these terms and conditions of this agreement.
   b) Purchase Orders must be in written form and include:
       i. full details of the Customer, including name, contact details and address;
       ii. full description of requested Products to be provided by ENDY;
       iii. quantity of Products required; and
       iv. full Delivery Details.
   c) Once order has been accepted by ENDY, Purchase Orders cannot be cancelled or varied by the Customer.
2.8 ENDY terms and conditions supersede any of the customer's own terms and conditions, including those attached to any purchase order, even if issued after ENDY terms and conditions. The customer acknowledges and agrees that any purchase order issued by them, along with its attached terms and conditions, holds no legal effect and is solely for administrative purposes. In case of any inconsistency between ENDY terms and conditions and any other terms and conditions, including the customer's own, ENDY terms and conditions take precedence.
2.9 If a Customer modifies an order; encounters a change in delivery details causing a delay; or cancels an order within 14 days of a scheduled delivery, the Customer must remit to ENDY a fee equal to 5% of the list price of the affected Product. Cancellation of an order for the Product not featured in our current price list may result in an additional charge. Should a Customer cancel an order or refuse delivered Products, except as allowed by these terms and conditions, the Customer assumes responsibility for any resulting damage or loss incurred by ENDY. If Product has been or is currently in the process of being specifically manufactured or produced for the Customer, the Customer is obliged to compensate ENDY with liquidated damages, comprising the full price of the Products and any associated costs incurred by ENDY (including, but not limited to, any applicable taxes such as GST), minus the current scrap value of the Product as determined by ENDY.

3. Product, Price and Availability

3.1 All ENDY’s quotations remain valid for a period of 14 days, unless specified otherwise in the quotation.
3.2 Prices and promotions are subject to change without prior notice.
3.3 ENDY retains the discretion to modify prices, products, and offers due to shifting market conditions, product discontinuations, manufacturer price adjustments, advertising errors, or other unforeseen circumstances. Decisions made by ENDY in such matters are conclusive and binding.
3.4 While ENDY endeavours to convey accurate pricing and product information, errors may occasionally occur. In the event of an error affecting an order, or if a product is no longer available, ENDY will either contact the Customer for guidance or cancel the order and provide a refund any funds remitted for the relevant Products.
3.5 All Prices are specified quoted by units on email or over the phone are GST exclusive prices. This also does not include any applicable fees (e.g. shipping costs); and taxes or duties for overseas customers.
3.6 It is the Customer's responsibility to ensure that the products they order are appropriate for their intended use; and ENDY are not responsible for any unsuitable proudct they may purchase.

4. Delivery of Goods
4.1 ENDY will dispatch product orders to the Customer's designated Place of Delivery, as indicated on the invoice and mutually agreed upon by ENDY.
4.2 In cases where shipment to a different location is agreed upon by both parties, ENDY reserves the right to choose the route and type of shipment.
4.3 Unless specified in writing, the Customer is responsible for all costs associated with delivery, which includes: freight, insurance, handling, packaging, and other applicable charges. ENDY cannot be held responsible for any additional forwarding fees that may arise during the delivery process.
4.4 Any delivery dates provided by ENDY are approximate and are not considered binding contractual commitments. ENDY cannot be held responsible for delivery delays resulting from unforeseen circumstances.
4.5 To enhance ENDY's order fulfilment processes, Products may be delivered in instalments necessary.

5. Return Policy
5.1 ENDY exclusively accepts authorized returns. Unauthorized returns will be declined, and no exchanges, refunds, or credits will b issued for such items. ENDY does not handle returns for unauthorized products.
5.2 ENDY reserves the right to deny returns in cases of repeated return requests, violations of ENDY’s Terms of Sales, or other activities that are deem impermissible.
5.3 Prior to initiating a return, Customer are required to contact ENDY’s Technician service to obtain a Return Authorization (‘RA’) number before the applicable return period expires. Returns without a valid RA number will not be accepted. To expedite the return process, Customer should provide essential order details, including the ENDY Invoice number, model number, and serial number of the defective product.
5.4 When returning items for warranty purposes, Customer must include a detailed written description for the reason for the fault. Simple descriptors like ‘Faulty’, ‘Dead’, or ‘DOA’ will not suffice.
5.5 Products categorized as "Dead on Arrival" (DOA) must be reported to ENDY and returned within 7 days of receiving. All components of the product should be returned in their original packaging, along with all accessories and manuals.
5.6 Please refrain from using the original product packaging as external packaging or labelling for shipment. External carton packaging is required.
5.7 ENDY is not liable for damages incurred during transportation. Any damage or loss of goods during shipment is solely the responsibility of the Customer. Proper packaging of return product is essential.
5.8 Ensure that the assigned RA number is clearly visible on the exterior of the shipping carton. Additionally, include a copy of the RA form and proof of purchase inside the shipment package.
5.9 Customer is responsible for the prepaid shipping cost when returning defective products to ENDY. However, ENDY will cover the cost of shipping replacement product to the Customer.
5.10 ENDY retains the right to withhold warranty services until all overdue accounts are settled.
5.11 RA Numbers remains valid for a strict 30-day period from the date of issuance. Expired RA numbers necessitate re-application for a new RA number.
5.12 If a returned product with an RA number is found not to be faulty, a Services Fee of $50AUD will be charged. Customers are responsible for arranging the pickup of such products at their own expense.
5.13 ENDY will not accept return items if the Customer is responsible for covering the shipping costs as the recipient.

6. Warranty against Defects
6.1 All Products purchased from ENDY are categorized as "Third Party Products" and are subject to the warranties and representations of the respective manufacturers.
6.2 ENDY offers a "Limited Warranty" to the original purchasers in Australia who acquire products directly from ENDY or through authorized ENDY resellers. This limited warranty is non- transferable.
6.3 ENDY warrants that its products, when solely purchased in Australia through ENDY or an Authorized Reseller; will be free from defects in materials and workmanship affecting normal use. This warranty is valid for a specified period referred to as the "Warranty Period". The duration of the Warranty Period varies based on the product brand and is outlined in the accompanying table below:

6.4 The Warranty Period commences from the date indicated on the invoice for the product from ENDY Australia. The dated ENDY Invoice serves as proof of purchase. Customers may be required to provide either proof of purchase or the device's serial number to avail themselves of warranty service. In cases where the purchase date is not documented, the manufacture date will be considered the commencement of the Warranty Period. During this timeframe, ENDY will undertake repair or replacement defective products returned to the relevant manufacturers.
6.5 The Limited Warranty provided by ENDY does not cover the following:
(a) Products that have been incurred damage, faults, failures, or malfunctions due to external causes, such as alteration, modification, tampering, negligence, faulty installation, inadequate care, accidents, misuse, issue related to electrical power, unauthorized servicing, usage, storage and/or installation not in accordance with the product instructions, failure to perform required preventive maintenance, normal wear and tear, acts of nature, fires, floods, wars, acts of violence, or similar events, or damages sustained during shipment.
(b) Products that bear missing or altered Service Tags or serial numbers; any attempt by individuals other than ENDY personnel or those authorized by ENDY to adjust, repair, or service the products; operational adjustments as covered in the product's operating manual, and standard maintenance.
(c) Any hardware, software, firmware, or other products or services supplied by entities other than ENDY.
(d) Software programs, batteries, cables, or other accessories provided with the products.
(e) Products acquired from inventory clearance, liquidation sales, or other sales where ENDY, the sellers, or the liquidators expressly disclaim their warranty obligations.
(f) Any repairs performed by anyone other than ENDY will void this Warranty.
6.6 The Customer must prepay all shipping and transportation charges for Warranty Products and insure the shipment or accept the risk of loss or damage during such shipment and transportation. ENDY will ship repaired or replacement products to the Customer, with freight prepaid.
6.7 Any repaired or replacement products will be warranted for the remainder of the original Warranty Period. All products and parts that are replaced become the property of ENDY.

7. Limitation of Liability
7.1 To the maximum extent permitted by law, ENDY is not liable under any contract, negligence, strict liability, or other legal or equitable theory for any loss of use of the product, inconvenience, or damages of any character, whether direct, special, incidental, or consequential (including, but not limited to, damages for loss of goodwill, loss of revenue or profit, work stoppage, computer failure or malfunction, failure of other equipment or computer programs connected to ENDY's product, loss of information or data contained in, stored on, or integrated with any product returned to ENDY for warranty service) resulting from the use of the product, related to warranty service, or arising from any breach of this limited warranty, even if ENDY has been advised of the possibility of such damages. The sole remedy for a breach of the foregoing limited warranty is repair, replacement, or refund of the defective or non-conforming product. The maximum liability of ENDY under this warranty is limited to the purchase price of the product covered by the warranty. The express written warranties and remedies provided herein are exclusive and replace any other warranties or remedies, whether express, implied, or statutory.

8. Governing Law
8.1 This Limited Warranty shall be governed by the laws of the State of New South Wales, Australia.
8.2 ENDY's Terms and Conditions of Sale are governed by the laws of Queensland, Australia. Both parties agree to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.

9. Copyright Statement
9.1 No part of this publication or documentation accompanying this Product may be reproduced in any form or by any means or used to make any derivative works, including translation, transformation, or adaptation, without permission from ENDY. Contents are subject to change without prior notice.