EMRT DiagTech Tools – Terms & Conditions of Sale

1. General & Use Disclaimer

Agreement: By purchasing goods from EMRT DiagTech Tools Pty Ltd (“the Seller”), the Buyer agrees to be bound by these terms.
OEM Warranty Warning: The Buyer acknowledges that installing an emulator may void the Original Equipment Manufacturer (OEM) warranty. The Seller accepts no liability for denied warranty claims.
Intended Use: All products are sold strictly for off-road, industrial, or emergency recovery use only. The buyer assumes all risk for compliance with local road and environmental laws.

Currency: All payments are in AUD unless otherwise specified.
Terms: Payment is due at the time of order unless written credit terms are established.
Late Payments: Overdue accounts will incur interest at 18% per annum, and the Buyer is liable for all legal/collection costs.
Taxes: Prices exclude import duties or local NZ taxes, which are the Buyer’s responsibility.

Timeline: Return requests must be submitted within 10 days of supply.
Condition: Electronic items that have been opened or installed are non-returnable. Goods must be in original, resalable condition.
Fees: A restocking fee of up to 15% applies to all approved returns.

Coverage: We provide a 24-month manufacturing warranty. We will repair, replace, or refund goods found to have manufacturing defects at our discretion.
AU/NZ Guarantees: *
- Australia: Our goods include guarantees under the Australian Consumer Law (ACL).
- New Zealand: We comply with the Consumer Guarantees Act 1993 (CGA).
Exclusions: Warranty does not cover damage from improper installation, misuse, or consequential losses (downtime, lost profits, or third-party repair labour).

Transit: Risk passes to the Buyer once goods are handed to the carrier. We are not liable for loss or damage in transit; claims must be made against the carrier.
Shortages: Any shortages or damage must be reported in writing within 7 days of receipt.

Title remains with the Seller until full payment is received.
The Buyer grants the Seller a security interest in the goods under the Personal Property Securities Act 2009 (Cth). The Seller may enter premises to repossess unpaid goods.

Default: If the Buyer enters liquidation, bankruptcy, or fails to pay, the Seller may immediately suspend supply and demand full payment of all outstanding debts.
Force Majeure: The Seller is not liable for delays caused by events beyond its control (e.g., pandemics, shipping strikes, or natural disasters).

Law: These terms are governed by the laws of New South Wales, Australia.
Disputes: Parties must attempt to resolve disputes via negotiation or mediation in NSW before proceeding to arbitration or litigation.