AUD means Australian Dollars.
USD means United States Dollars.
Freenet Antennas is a trading name of Robert Clark.
Customer means the entity in the Billed To section of the invoice.
Foreign Currency includes all currencies other than
GST refers to Australian Goods and Services Tax and is applicable to goods sold within Australia only.
Goods means all products supplied to the Customer by the Supplier from time to time.
Purchaser means the person or corporation
acquiring the goods.
Supplier means Freenet Antennas as a trading entity.
POD means a signed proof of delivery obtained on the delivery of the goods.
Terms means these terms and conditions.
1.1 These Terms and Conditions constitute the entire agreement between the parties for the goods. Any prior arrangement, representations or
undertakings are hereby suspended.
1.2 Payment terms are generally payment prior to delivery. On a case by case basis, goods may be provided on 30-day account when ordered by a Purchase Order on company letterhead. A 3% surcharge may apply to 30-day account orders.
1.3 If the Customer breaches these Terms, the Customer must pay any collection, commission and/or legal fees charged by any third party to
recover money due.
1.4 If the Customer makes any default in payment or commits any act of bankruptcy or being an incorporated company, passes a resolution for
winding up (except for the purposes of reconstruction) or an application is presented for its winding up, the Supplier may without prejudice to its other right either suspend further deliveries, require payment in advance for all such deliveries or terminate any contract forthwith by
2.1 The Supplier reserves the right to amend the recommended prices without notice, and all goods will be charged at the price ruling at the time of delivery.
2.2 All prices quoted are inclusive of GST unless otherwise stated or agreed.
2.3 Prices are usually quoted in AUD. Prices will be quoted in USD on request. Prices in other
currencies are by special request only on a case by case basis.
2.4 Orders placed using foreign currency must be paid in full in the currency invoiced.
Fees and charges must not be deducted from the payment
amount. All fees and charges applicable must be paid by the customer. The Supplier will only be liable for charges incurred by their own Australian bank.
2.5 Payments of foreign currency by credit card will be charged in USD at the ruling rate that
the Supplier would have paid on
the day of charge in order to obtain said foreign currency. Once charged, the amount the customer
is charged by the credit card issuer is entirely a
matter between the customer and the card issuer.
3.1 The supplier can assign the order to one of our authorised agents for fulfillment. This is done in cases where the agent can offer faster or more local service. In such a case, the transaction is between the customer and the agent.
4.0 Purchaser Verification
4.1 The Supplier reserves the right to request proof that the Purchaser is authorised to use the nominated Credit Card or PayPal Account. Verifications steps may
include, but are not limited to, requesting a copy of:
For more information, please see this Westpac Banking Corporation document ; Page 6 and Page 10.
- the credit card (front and back)
- the cardholder's driver's license
- a recent household utility bill in the purchaser's name and showing address. Suitable bills are Electricity,
Telephone, Water Rates etc.
4.2 The Supplier reserves the right to cancel all Credit Card/PayPal orders, and issue a 100% refund to the purchaser without explanation.
5.1 Delivery of the Goods may be totally or partially suspended by the Supplier during any period in which the Supplier may be prevented
or hindered from delivery by the Supplier's
normal means of supply or delivery by normal route through any circumstances outside its reasonable control,
including but not limited to strikes, lockouts, unavailability of stock, accidents or breakdowns of plant or
machinery. The Supplier will not be liable for any damages consequential or otherwise arising from its failure
to deliver any or all of the Goods.
5.2 Where delivery is by Insured Courier and there appears to be shipping damage, the customer's representative must not sign the Proof of Delivery (POD) form. If the form is signed, subsequent insurance claims to cover any loss or damage can not
5.3 Where the Purchaser has requested delivery by Australia Post, the purchaser accepts all liability for loss or damage in transit, unless the purchaser explicitly requests and pays for Post Insurance cover.
5.4 If the Purchaser has paid by credit card, the delivery will only be made by a carrier providing a signed Proof of Delivery (POD).
5.5 Shipments made by Toll-IPEC are subject to a re-delivery fee of $30 (incl GST) for each re-delivery attempt. This charge will be charged to the customer's credit card and may occur up to 2 months after the shipment.
6.0 Inspection by Purchaser
6.1 The purchaser is obliged to open and check all the Goods supplied and to report any alleged deficiency within 7 days of the date of
6.2 Any claim by the Purchaser for non-delivery, short delivery, or delivery of the wrong goods must be notified to the Supplier within 7 days of the invoiced date.
6.3 Any claims made outside of this date with be accepted at the sole discretion of the
Supplier, except where the supply of such goods breaches a condition prescribed by a statute or regulation which is
7.1 The Purchaser may return Goods, but the Supplier will not be obliged to accept the returned Goods and provide credit
in respect thereof unless:
- Prior to the return of Goods, the supplier has approved the return
- The Purchaser returns the Goods within 30 days of the invoiced date
- The Goods returned are accompanied by a request for credit that quoted
the Supplier’s invoice number, date and reason for return, and;
- The Goods and any packaging are returned in the same condition in which they were
7.2 Goods will not be accepted for return for credit where:
- Traceable products are not returned in their original sealed packets
- Any goods are specially manufactured and supplied to the Purchaser’s specifications
- Any goods are altered or damaged by the Purchaser
- Any item outside of the normal product range is specially procured for the customer
- The Purchaser has not advised of the deficiency
7.3 Goods returned for credit will be subject to a Handling and Restocking Fee. The
amount of this fee is usually 15% but may vary with respect to the nature of the
goods and the costs associated with cancellation.
7.4 Freight for returning these goods will be at the Purchaser's expense and forwarding freight costs may be charged as applicable.
8.1 Any liability of the Supplier to the Purchaser including but not limited to the liability for special, consequential or incidental damages or for breach of any term, condition, warranty, undertaking, inducement or representation whether express, implied, statutory or otherwise relating to these Terms or to the Goods shall be limited at the portion of the Supplier, to any one or more of the following:
- if the breach related to the Goods:-
- the replacement of goods or the supply of equivalent goods
- the repair of the goods
- the payment of the cost of replacing the goods or acquiring equivalent goods
- the payment of the cost of having the goods repaired or
- if the breach relates to services:-
- the supplying of the services again; or
- the payment of the cost of having the services supplied again
8.2 Whilst every care is taken in preparing all written communications, the Supplier shall not be liable to any Purchaser relying on any fact, matter or representation. Purchasers should satisfy themselves as to the suitability and fitness of any product before order.
8.3 Whilst every care is taken in compiling all information and technical data the
Supplier will not accept responsibility for subsequent loss or damage arising from its use. Nothing in these Terms shall
exclude or modify any conditional warranty implied by law where to do so would render such Terms void.
- 9.1 Shipments covered by our Insurance
- Shipments via Insured Courier method of delivery. Limit of $1500 claim per shipment
- 9.2 Not covered by our Insurance (Customer\’s responsibility)
9.3 Notwithstanding the above, the Supplier's sole responsibility is to provide proof of collection by the shipping company. If the
customer has requested shipping by postal service, the Supplier is not responsible for proof of delivery to the postal service.
10.1 All goods sold are covered by the manufacturer's warranty. Freenet-Antennas branded products (e.g. UltraWAP, UltraUSB, SB-2200g amplifier, ...) are covered by a 12 month warranty from the date of the invoice. The customer is responsible for the cost of shipping products under warranty to and from the place of warranty service.
11.1 Any contract for the sale shall be deemed to be made in the state of Western Australia and the Law, courts or arbitration facilities of the State shall be used to construe or apply the contract or to determine or resolve any dispute or action arising under it.
11.2 The Supplier reserves the right to vary these Terms immediately upon giving notice to the Customer of such variation.
11.3 The invalidity or unenforceability of any of these Terms shall not affect the validity and enforceability of the remainder of these Terms.
11.4 Unless otherwise agreed to in writing by the Supplier any terms appearing in any document provided by or on behalf of the Purchaser, the Terms appearing herein shall be incorporated into all agreements entered into with the Supplier to supply the Purchaser with Goods. In any situation where the terms of the purchaser conflict with the terms of the Supplier, the terms provided by the Supplier shall take precedence.
11.5 The placing of an order; signing of a manifest, delivery docket, consignment note or couriers manifest for goods received shall constitute acceptance of these Terms by the Purchaser.