1.1 The following terms have the following meanings in this document unless the context requires otherwise: Sakkho means the operator of Sakkho (A.B.N. 53 054 110 293) and the Sakkho website "www.sakkho.com". Confirmation Notice means a notice from eBay or Sakkho confirming to a Purchaser that the Purchaser has successfully successfully placed an order for a Product that has been accepted by Sakkho. Products or Items means the products or Items listed by Sakkho for sale on the Sakkho Website, "www.sakkho.com" or other websites used by Sakkho to advertised products. Purchaser or Buyer means any person who has placed an order for a Product that is accepted by Sakkho. Serious Damage refers to damage materially affecting the operation or use of a Product for its intended purpose or which renders a Product unsafe when used in accordance with instructions and does not include minor scratches, minor dents, damaged packaging/box or damage occurring after delivery.
1.2 By placing an order for any Products you hereby accept these terms and conditions.
1.3 All orders for Products or Items are considered unconditional offers to purchase. The acceptance of a an order by Sakkho creates a legally binding contract between Sakkho and the Purchaser.
1.4 The Purchaser must contact Sakkho within 2 business days of receiving a Final Confirmation Notice to make arrangements to complete the sale.
1.5 The Purchaser must pay for those Products or Items for which the Purchaser has ordered upon ordering; unless otherwise agreed between Sakkho and the Purchaser. All payments must be made payable direct to "Sakkho" and must be paid using methods approved by Sakkho.
1.7 All offers are subject to stock availability
1.8 Sakkho reserves the right to amend its Terms & Conditions of Sale, policies or discounts offers without prior notification.
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2.1 All ownership of, property in and legal title to all tangible property in Products ordered by the Purchaser remains with Sakkho until Sakkho receives full payment for the Products from or on behalf of the Purchaser (Purchased Products).
2.2 In the event that the Purchaser has forfeited payment, the purchaser agrees that Sakkho may lawfully seize and repossess any products which belong to Sakkho.
2.3 The Purchaser will be liable for any fees and charges which arise from such action.
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3.2 Unless specifically and expressly agreed between Sakkho and the Purchaser delivery shall strictly remain the responsibility of the Purchaser.
3.3 If it is agreed that delivery of the goods purchase is provided by Sakkho, the Purchaser agrees that delivery time may vary depending on stock availability and the delivery address specified by the Purchaser. Where Purchased Products are not in stock, Sakkho shall have the right to cancel any order.
3.4 It is the Purchaser responsibility to nominate his/her preferred carrier and arrange for collection and delivery of goods purchased.
3.5 When Sakkho expressly consented to make delivery arrangement on behalf of the Purchaser, Sakkho will use such carriers and such modes of transport to deliver the Purchased Products as Sakkho considers appropriate. This includes any courier company, Australia Post or Sakkho's personal delivery services.
3.6 Unless expressly specified in the advertising or product description, all freight charges, insurance costs (transit insurance included) and other costs associated with transporting the Purchased Product to the Purchaser shall be the responsibility of the Purchaser.
3.7 Wrong Products delivered or Products short-delivered to Purchasers must be notified to Sakkho within 72 hours (3 business days) after delivery.
3.8 Sakkho is not responsible or liable for any delays (including any delays caused by Sakkho's suppliers) or failure to effect the delivery of the Purchased Products due to any cause which is unavoidable or beyond Sakkho's reasonable control and which prevents, impairs or adversely affects in any way Sakkho's performance of these terms and conditions, including but not limited to war, fire, flood, natural disaster, strike, labour dispute, act of God, governmental action, civil disturbance, accident or inability to obtain or use materials, labour, equipment, facilities, or transportation. In such case, when required by Law Sakkho shall be afforded a reasonable time in which to arrange for delivery of the Purchased Products, without penalty or liability for breach.
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4.1 Unless otherwise specified, all Brand New Products are covered by the warranty of the original manufacturer the terms of which vary from Product to Product and unless otherwise specified, all Second Hand or refurbished Products are sold "as is" excluding any expressed or implied warranty.
4.2 Subject to clause 9, Sakkho further provides, where specified, the following warranties for Products:
(a) "Return to Base Warranty": For the specified warranty period, unless expressly specified by Sakkho, all warranty claims will be assessed by Sakkho or by the warranty provider once the item is returned by the Purchaser.
(b) "Repair or Replacement Warranty": For the specified warranty period, in respect of Products returned by the Purchaser which are found to be faulty on inspection showing faulty workmanship and materials, Sakkho will undertake any action Sakkho deems appropriate to rectify the fault including, but not limited to, replacing the Products or redirecting the Purchaser to a repairer or warranty agent approved by Sakkho.
(c) "Parts Warranty": For the specified warranty period, Sakkho will repair, modify or replace any parts of Products returned by the Purchaser which are found to be faulty on inspection; and Sakkho will undertake any action Sakkho deems appropriate to rectify the fault including, but not limited to, replacing the Parts or redirecting the Purchaser to a repairer or warranty agent approved by Sakkho.
(d) "Exchange Warranty": For the specified warranty period, Sakkho will accept returns subject to clause 8. Returns will be exchanged for a similar item of equal value or more.
(e) "Return Policy" applicable on selected items, where within a specified period, the item can be returned by the Purchaser and exchanged provided the item is returned in its original condition and packaging.
4.3 The warranties provided by Sakkho under clause 4.2 are void where:
(a) the Product assembly is wrongly carried out by the Purchaser;
(b) the Purchaser misuses the Products;
(c) the Product is not regularly serviced or maintained as required;
(d) the damage to a Product occurs during transit or storage;
(e) the Purchaser or other unauthorised person/agent attempts to service, modify or repair the Product; or
(f) the damage to a Product is of a kind that can be described as "normal wear and tear".
4.4 Warranty claims on a Product purchased from Sakkho must be accepted and expressly authorised by Sakkho to be valid.
4.4 Purchasers are responsible for retaining invoices as proof of purchase required for claiming under warranties. Invoices must be original copies and show date of purchase. All warranty claims must be made as soon as possible after damage is discovered by notifying Sakkho in writing.
4.5 All warranties on Products are available are not transferable.
4.6 No warranty applies to consumable items.
4.7 No staff member of Sakkho has authority to change the terms or extend the warranty period stated in a Product listing or advertising.
4.8 Warranty claims accepted by Sakkho shall be returned as outlined in clause 8 "Returns & Refunds".
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5.1 When it is agreed between the Sakkho and the Purchaser that delivery of the goods is the responsibility of Sakkho, Products delivered Dead-on-Arrival refers to product having sustained Serious Damage during the direct transit from Sakkho premises to the address provided by the Purchaser and materially affecting the operation or use of a Product for its intended purpose or which renders a Product unsafe when used in accordance with instructions and does not include minor scratches, minor dents, damaged packaging/box or damage occurring after delivery.
5.2 Purchasers must notify Sakkho promptly within 72 hours or (3 business days) after delivery of any Products delivered that appear DOA.
5.3 All Purchased Products are deemed to be received in good working condition once the Purchaser accepts delivery.
5.4 Items accepted to be Dead-on-Arrival by Sakkho shall be returned as outlined in clause 8 "Returns & Refunds".
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6.1 Assembly:
6.1.1 The purchaser is solely responsible for any assembly, fitment of any parts, tuning or testing required by a Product before its operation or use.
6.1.2 The costs of testing, tuning or fitment of any parts, is the Purchaser responsibility with the exception of items accepted under warranty by Sakkho and subjected to clause "4.2" above.
6.1.3 The Purchaser should always use the services of an experienced person or qualified mechanic or technician to carry out any assembly, testing or tuning.
6.1.4 Subjected to clause 10, Sakkho is not directly responsible for improper assembly or damages to goods or parts resulting from correct or incorrect advises received by the Purchaser from a third party.
6.2 Maintenance and service:
6.2.1 The Purchaser or owner are solely responsible for regular and required service and maintenance of Products purchased from Sakkho.
6.2.2. Maintenance and service should always be carried out by an experienced person or qualified person. Purchaser should ensure they seek advises for maintenance and service from their preferred technician, specialist or workshop.
6.2.3 Subjected to clause 10, Sakkho is not liable nor responsible for damages to goods or parts resulting from improper maintenance carried out.
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7.1 Subject to clause 8, the Purchaser and Sakkho are responsible for Freight or Shipping cost as followed:
7.2 The Purchaser is responsible for:
(a) all shipping costs included but not limited to the initial delivery after purchase;
(b) all transit insurance costs when available;
(c) all shipping costs to return a Product or a Part under warranty included the cost to have the repaired or replaced Product or Part under warranty shipped back to the Purchaser;
(d) all costs to hire a tail gate truck when preferable for delivery of large or heavy Products.
(e) all shipping costs related to a Product returned to Sakkho under false claim as specified in clause "8.1.3".
7.3 Sakkho is responsible for:
(a) all shipping costs associated to return and replace a Product or Part DOA when initially delivered by Sakkho and notified to Sakkho by the Purchaser within the required time.
7.5 Sakkho is not responsible for any import or customs fees that may occur for international transactions. All prices are Ex-Works.
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8.1 Returns
8.1.1 Subject to clause 10, Sakkho will only accept returns of Products or Parts where, upon inspection:
(a) the Product or Part delivered is substantially different from the Product or Part advertised;
(b) the Product or Part is shown to have a major manufacturing defect not covered under the warranties specified in clause "4"; or
(c) the Product or the Part has sustained Serious Damages during transit or storage and is DOA when delivery was the responsibility of Sakkho.
8.1.2 Purchaser should receive an authorisation from Sakkho prior returning a Product. All authorisation to return a product is valid for a period of 15 days. Sakkho reserves the right to refuse any returns received after 15 days of the date when authorisation was received.
8.1.3 Subject to clause 8.2, Returned Products accepted by Sakkho will only be exchanged for another similar Product of equal or greater value.
8.1.4 Returned items must be properly referenced and addressed, must not have any signs of abuse or intentional damage and should be carefully packed and insured for the full purchase value of the goods and shipped via traceable means. Walk-in return/replacement service will be accepted from authorised dealers only.
8.1.5 Where a Product returned by the Purchaser is found to be in good working condition, Sakkho will return the Product to the address provided by the Purchaser and will charge the Purchaser the costs of any inspection conducted, including any administration fees, technician fees incurred during inspection and all freight costs related to collecting the Product claimed to be faulty by the Purchaser and/or returning the Product to the Purchaser. Fees are as followed:
(a) $10.00 (ten dollars) one time fees - administration fees;
(b) $35.00 (thirty five dollars) per hour - technician fees with minimum one hour charged;
(c) All freight costs;
(d) Returns may be subject to a restocking fees which are variable: 15% on the selling value per 3 weeks stocked at Sakkho's premises or; variable with item volume and will be charged at a rate of $1.01 per cubic meter per 24 hours from date of receiving the returned goods until the date all fees are paid by the buyer. Whichever amount is greatest.
(e) Cubic meter is calculated as followed: 1m (Length) x 1m (Width) x 1m (Length) x 250 (Standard rate applicable in warehousing and transport industries).
8.1.6 Sakkho reserves the right to legally resell or dispose, at its discretion, Products returned under false claims that are stocked by Sakkho for over than 4 weeks (30 days) and remaining uncollected by the Purchaser.
8.2 Refunds
8.2.1 When applicable, Sakkho will only refund the purchase price (including any reasonable freight charges and other costs incurred by the Purchaser in returning the Product to Sakkho) for any returned Products prior authorised and accepted by Sakkho when those Products can not be repaired or replaced with another similar Product of equal or greater value.
8.2.2 Purchased Products no longer stocked, wrongly advertised or showing manufacturing defects which can not be repaired will be unconditionally reimbursed when an alternate similar Product of equal or higher value can not be supplied.
8.2.3 When a Product to be refunded is in the possession of the Purchaser, this Product will only be refunded after it is returned in accordance of Sakkho's return policy and after inspection of the goods.
8.2.4 While most refund are made within 7 working days after being accepted by Sakkho, those refunds will be made within 30 days after receipt of the returned Product.
8.2.5 Refunds will be made using the same form of payment as the received payment. Sakkho reserves the right to refund the eligible Purchaser via cheque posted to the Purchaser's address or Credit the Purchaser's nominated account.
8.2.5 The period of assessment before acceptance of a claim received via electronic mail may vary from few hours to an indefinite period of time depending on the accuracy of information provided by the Purchaser and cooperation shown in resolving issues and, nature of the claim submitted which may require additional technical or specific information or legal advises provided by an independent third party contracted by Sakkho to assess the issue.
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9.1 The rights given to a Purchaser under clauses 4, 5, 7 and 8 of this agreement are in addition to any rights granted under the Competition and Consumer Act 2010 (Cth) and equivalent applicable legislation of the States and Territories of Australia, which cannot be excluded, limited or restricted or modified. Nothing in these terms excludes, limits, restricts, or modifies those rights, except to the extent that such exclusion, limitation, restriction or modification is lawful. Where such exclusion, limitation, restriction or modification is unlawful, to the extent permitted by such legislation, the liability of Sakkho is limited, at its option, to any one or more of the following:
(a) the replacement of Products or part or the supply of equivalent Products or parts;
(b) the repair of Products or parts;
(c) the payment of the cost of replacing the Products or parts or of acquiring equivalent
Products; or Parts (d) the payment of having the Products or Parts repaired or modified.
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10.1 This Agreement shall be governed by and construed according to the laws of the State of Victoria, Australia. The parties agree to submit to the non-exclusive jurisdiction of the Victorian courts and any courts from which appeals may be heard.
10.2 Any provision of this Agreement held invalid, unenforceable or illegal for any reason is deemed deleted from this Agreement which shall remain in full force apart from those deleted provisions.
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