Broadband Gear

Broadband Gear is the registered trading name of OPEN Networks Pty Ltd.

Definitions

• "OPEN Networks" means OPEN Networks Pty Ltd: ABN 83 107 471 796;
• "You" means you, the person who has placed an Order or on whose behalf an Order is placed, for goods with Broadband Gear or their suppliers;
• "Goods" means the goods provided to you by Broadband Gear or their suppliers;
• "Order" means an order for Goods submitted by You to Broadband Gear or their suppliers;
• "Invoice" means an invoice provided by Broadband Gear to You;
• "Price List" means Broadband Gear's current price list, as advised to You in writing from time to time;
• "Purchase Price" means the amount, including the cost of delivery, calculated under Broadband Gear's Price List or other agreed price.

Offer & Acceptance
Broadband Gear reserves the right to accept or reject in whole or in part any Order.

Terms of Payment
You must pay the Purchase Price in full prior to the dispatch of the Goods;

If Broadband Gear makes a taxable supply under or in connection with these terms and conditions for a consideration that represents the value of that taxable supply, then You must also pay at the same time and in the same manner as the value is otherwise payable, the amount of any Goods and Services Tax payable in respect of the taxable supply.

Delivery
Delivery takes place on the date and time the Goods are left by Broadband Gear or their suppliers at the address nominated by You as the delivery address.

Broadband Gear or their suppliers will not be liable for any damage to the Goods after delivery.

All OPEN Networks' products will be shipped using Australia Post.

Returns
Refer to the Warranty Returns Policy section under Support.

Warranty
For warranty details, please refer to the manufacturer of your purchased products.

12 months' warranty is provided on all OPEN Networks hardware from the date of dispatch from OPEN Networks.

Property, Risk & Ownership
Risk and ownership passes to You upon payment and delivery of the Goods.

Security
Broadband Gear consider the security of your personal information to be of the highest importance. Our web site has implemented security measures to provide you with peace of mind when placing an order.

The Broadband Gear web site uses Secure Sockets Layer (SSL) technology to protect your credit card details. We use the latest encryption algorithms to keep your information safe. We do not release any of your details to any third party. We do not record your credit card information for any other purpose than to process payments for your purchase(s). If any fraudulent charges are ever made on your credit card from transactions on our web site, you will not be liable for them.

Exclusions
Except as provided for in these conditions, all express and implied conditions, warranties or liabilities of any kind about the Goods sold are expressly excluded, and Broadband Gear will be under no liability in contract, tort or otherwise for any loss or damage of any kind or for anything done or omitted to be done in connection with the Goods.

If the Goods are supplied to You as a "consumer" of goods or services, within the meaning of "consumer" in the Trade Practices Act 1975 as amended or similar state legislation, nothing in these terms excludes, restricts or modifies any condition, warranty, right or remedy conferred by the Trade Practices Act 1974 as amended or similar legislation.

If the Goods are goods not ordinarily acquired for personal, domestic or household use or consumption for the purposes of the Trade Practices Act 1975 as amended or similar legislation, Broadband Gear liability is limited to payment of an amount equal to the cost of replacing the Goods.

Subject to the above clause and this clause, Broadband Gear will not be liable for any default or failure in performance of its obligations under these terms which results directly from acts of God, civil or military authority, acts of public enemy, war, accidents, riot, political or civil disturbances, fire, explosions, earthquakes, floods, the elements, strikes, labour disputes, shortage of labour, material or components, delay in transport, stoppage or breakdown of machinery, accident of any kind, any default or delay by any of Broadband Gear's suppliers or sub-contractors, any act of any State or Government or any authority or any other cause beyond OPEN Networks' control.

Your Acknowledgement

You acknowledge that:

• Prior to ordering the Goods, You satisfied Yourself as to the suitability for Your purpose;
• Broadband Gear has made no express warranty, condition or representation about the Goods' quality, fitness for purpose, safety, suitability or otherwise;
• Broadband Gear will not be liable for any consequential damages or loss of any nature in any circumstances; and
• Broadband Gear will not be liable for any loss suffered by You.

General
If there is any inconsistency between any other document and these terms then these terms prevail.

The laws of the State of Victoria govern the validity, interpretation and performance of these terms. These terms apply to all Goods supplied by Broadband Gear or their suppliers to You unless expressly varied in writing by Broadband Gear or their suppliers.

Each clause in these terms and conditions is severable the one from the other and if any clause is found to be defective for any reason by any competent court, the remaining clauses shall be of full force and effect.