Welcome to the web site of vacbargain.com.au (hereinafter “VacBargain”), and Thank You for considering our products. VacBargain will provide their goods and services to You subject to the following terms and conditions. Please read this information carefully before placing any orders. By placing an order with VacBargain You agree to be bound by the following Terms of Sales and Service (Agreement):
1. VACBARGAIN’S GUARANTEE:
If your purchase fails in the first year of use, or during the time period of your purchased extended warranty, VacBargain will repair the product free of charge, except for: 1) parts that are subject to normal wear and tear (i.e. brush rolls, belts, light bulbs. etc,); or 2) damage caused by equipment misuse or abuse. Actual shipping charges to and from the customer will be charged. Please contact us at service@vacbargain.com.au for return instructions.
2. REFUND POLICY:
a. Defective goods or goods damaged in shipment will be replaced by VacBargain at no cost to the customer. Any damages and/or shortages must be reported to customerservice@vacbargain.com.au within 5 days after receipt of goods. (Foreign customers will be responsible for all shipping charges.
b. Returns for refund – Please contact customerservice@vacbargain.com.au within 7 days from receipt of goods to obtain a return merchandise authorization. Only items in resalable condition will be accepted for refund and a 20% restocking fee will be assessed. VacBargain may refuse to accept return of custom-made, special order items or unpopular parts. The refund will be issued within 1 week after we get the items back.
3. PRIVACY POLICY:
The VacBargain Privacy Policy is located HERE and is hereby incorporated into this Agreement by reference. Please review the Privacy Policy to understand the VacBargain policies.
4. TRADEMARKS:
VacBargain, and Vac Bargain, are hereby claimed as trademarks of VacBargain.com.au Corporation. The following trademarks used on this site are owned by third parties:
B. Kirby, Avalir, Sentria, G4, G5, G6 and The Ultimate G Series are Registered Trademarks of the Scott Fetzer Company.
5. WARRANTIES:
IF SO STATED IN THE WEB SITE DESCRIPTION, SOME PRODUCTS COME WITH A MANFACTURERS WARRANTY WHICH WILL APPLY. ALL OTHER VACBARGAIN PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT THE USE OF ANY PRODUCT OFFERED BY VACBARGAIN IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VACBARGAIN DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. VACBARGAIN DOES NOT MAKE ANY WARRANTY THAT ITS PRODUCTS WILL MEET YOUR REQUIREMENTS, NOR DOES VACBARGAIN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY PRODUCTS OFFERED BY VACBARGAIN OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ANY SERVICE OFFERED BY VACBARGAIN. FURTHER, ALL USAGE, MAINTENANCE AND REPAIR MANUALS PROVIDED AND/OR AUTHORED BY VACBARGAIN ARE NOT ENDORSED BY THE MANUFACTURER AND SHOULD BE USED AT YOUR OWN DISCRETION AND RISK. YOU UNDERSTAND AND AGREE THAT ANY PRODUCTS OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE OFFERED BY VACBARGAIN IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VACBARGAIN OR THROUGH ANY SERVICE OFFERED BY VACBARGAIN SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
6. LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL VACBARGAIN OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE ANY SERVICE OR PRODUCTS OFFERED BY VACBARGAIN, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF VACBARGAIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. INDEMNIFICATION:
You agree to indemnify, defend, and hold harmless VacBargain, its parents, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers, and their respective affiliates, officers, directors, employees, and agents, from any claim, action, demand, or damage, including reasonable attorney’s fees, made by any third party or governmental agency arising out of or related to Your use of any service offered by VacBargain or Your violation of this Agreement, including without limitation, claims or suits for libel, violation of rights of privacy or publicity, interference with property rights, trespass, copyright infringement, trademark infringement, patent infringement or plagiarism. VacBargain may, at its sole discretion, assume the exclusive defense and control of any matter subject to indemnification by You. The assumption of such defense or control by VacBargain, however, shall not excuse any of Your indemnity obligations.
8. FORCE MAJEURE:
Neither party shall be liable for delays or nonperformance of this Agreement caused by strike, fire or accidents, nor shall either party be liable for delay or nonperformance caused by lack of availability of materials, fuel or utilities or for any other cause beyond its control.
9. ASSIGNMENT:
Neither party may assign its rights or obligations under this Agreement without the prior written consent of the other party.
10. INTENDED FOR USERS OVER 13:
VacBargain web site is intended for use by individuals 13 years of age or older only.
11. ENTIRE AGREEMENT:
Except as modified or supplemented by a writing executed by both parties, the Terms and Conditions described herein are the only representations, warranties, and understandings between the parties with respect to the products and/or services described herein.
12. DISPUTES:
In the event of a dispute, You agree to attempt to resolve the dispute by contacting abuse@vacbargain.com.au prior to taking any other action. Failure to contact VacBargain to attempt a dispute resolution prior to taking any other action will result in a breach of this Agreement by You. You hereby waive any right to a trial by jury in the event of any controversy or claim relating to this Agreement. This Agreement and Your use of the VacBargain web site are governed by the laws of the State Victoria, and the courts of general jurisdiction located within Victoria, will have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning Agreement and VacBargain. In addition to the foregoing, in the event of any breach or violation of this Agreement, VacBargain shall be entitled to enforce all of its legal remedies for the breach or wrongful activity including, but not limited to, seeking actual damages, the maximum amount of statutory damages under applicable statutes and acts, profits, treble damages, and attorneys’ fees and costs. These remedies and damages are in addition to the monetary payments described above and/or any amounts otherwise due under Agreement.
13. SEVERABILITY:
If any provision, or portion thereof, of Agreement is held by a court of competent jurisdiction to be invalid under any applicable statute or rule of law, the parties agree that such invalidity shall not affect the validity of the remaining portions of Agreement and further agree to substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provisions.
14. HEADINGS:
The headings of this Agreement are for convenience only and shall not be used to construe the meaning of this Agreement.
This Agreement was last revised on March, 2015
