Brother MFC-L5755DW Laser
1.1 "Onlinetoner" shall mean Online Toner ABN 70 106 015 682 T/A Onlinetoner its successors and assigns or any person acting on behalf of and with the authority of Online Toner ABN 70 106 015 682 T/A Onlinetoner
1.2 "Customer" shall mean the Customer (or any person acting on behalf of and with the authority of the Customer) as described on any quotation, work authorisation or other form as provided by onlinetoner to the Customer.
1.3 "Goods" shall mean Goods supplied by onlinetoner to the Customer (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms as provided by onlinetoner to the Customer.
1.4 "Services" shall mean all Services supplied by onlinetoner to the Customer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).
1.5 "Price" shall mean the price payable for the Goods as agreed between Onlinetoner and the Customer.
2] Customers Disclaimer
2.1 The Customer hereby disclaims any right to rescind, or cancel any contract with Onlinetoner or to sue for damages or to claim restitution arising out of any misrepresentation made to the Customer by Onlinetoner and the Customer acknowledges that the Goods are bought relying solely upon the Customers' skill and judgement.
3] Defects, damages and issues
3.1 The Customer shall inspect the Goods on delivery and shall within seven (7) days of delivery (as soon as it is humanly possible) notify Onlinetoner by the Contact-us page, of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote.
3.2 The Customer shall afford Onlinetoner an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way. If the Customer shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage.
3.3 For defective Goods, which Onlinetoner has agreed in writing that the Client is entitled to reject, Onlinetoner's liability is limited to either (at Onlinetoner's discretion) replacing the Goods or repairing the Goods, except where the Client has acquired Goods as a consumer within the meaning of the Trade Practices Act 1974 (Cwlth) or the Fair Trading Acts of the relevant state or territories of Australia and is therefore also entitled to, at the consumer's discretion either a refund of the purchase price of the Goods or replacement of the Goods.
4] Return for refund
4.1 Products returned for refund will only be accepted provided that:
Items returned to Onlinetoner without the Customer first requesting a return or Onlinetoner not approving the return will not be accepted.
Damaged or faulty goods
If the reason for the return of the goods is that they were received damaged or failed to operate as designed and your return is accepted, Onlinetoner will send you instructions on how to obtain a return shipping label, as well as how and where to send your package. On Onlinetoner receiving the Goods and after inspection, If a refund is approved, the Customer will be automatically refunded by the original payment method. The cost of the return shipping will be worn by Onlinetoner and NOT the Customer. The Customer should remember that it can take some time for their bank or credit card company to process and post the refund.
Incorrect purchase or Goods no longer required
If within seven (7) days the reason for the refund of the goods is that the Customer ordered incorrectly or the Goods are no longer required, the customer can contact Onlinetoner by email (firstname.lastname@example.org), stating the reason for the return/refund request. Onlinetoner may request photos of the Goods before accepting that the Goods can be returned to clarify that the Goods and their packaging are in a state for resale. If accepted, Onlinetoner will send the Customer instructions on where to send your package. The cost of shipping the Goods to Onlinetoner is at the Customers expense and is not refundable by Onlinetoner. On Onlinetoner receiving the Goods and after inspection, If a refund is approved, the Customer will be automatically refunded by the original payment method less the cost of the original shipping to the customer. The Customer should remember that it can take some time for their bank or credit card company to process and post the refund.
4.3 On approved returns, Onlinetoner only offers refunds. Exchange of Goods or credit on the cost of the Goods is not available. If the Goods or similar Goods are required, a new purchase will need to be completed by the Customer.
5] Exceptions / non-returnable items
5.1 Unfortunately, Onlinetoner cannot accept returns on sale items or gift cards.
6.1 Onlinetoner warrants that, in normal use, its products will not cause damage or abnormal wear when used in printers in which they are designed to operate.
6.2 Onlinetoner shall not be liable to the Customer if any damage or abnormal wear to a printer that is claimed to have been caused by use of an Onlinetoner product could have been caused by goods not supplied by Onlinetoner used in the printer before or after the use of an Onlinetoner product.
6.3 Onlinetoner reserves the right to collect and inspect and if necessary, repair the printer. If it is found that damage has occurred as a direct result of an Onlinetoner cartridge then Onlinetoner will repair the printer or replace the printer with a working equivalent, and return the printer within twenty (20) working days of receipt of the defective device. Onlinetoners' liability to the Customer shall not exceed the amount required to repair or replace the printer if found damaged by an Onlinetoner product.
6.4 Subject to the conditions of warranty set out in clause 6.5, Onlinetoner warrants that if any defect in any workmanship of Onlinetoner becomes apparent and is reported to Onlinetoner within twelve (12) months of the date of delivery (time being of the essence) then Onlinetoner will either (at Onlinetoners' sole discretion) replace or remedy the workmanship.
6.5 The conditions applicable to the warranty given by clause 6.4 are:
- (a) the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
- (i) failure on the part of the Customer to properly maintain any Goods; or
- (ii) failure on the part of the Customer to follow any instructions or guidelines provided by Onlinetoner or their appointed technical advisors; or
- (iii) any use of any Goods otherwise than for any application specified on a quote or order form; or
- (iv) the continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
- (v) fair wear and tear, any accident or act of God.
- (b) the warranty shall cease and Onlinetoner shall thereafter in no circumstances be liable under the terms of the warranty if the product is repaired, altered or overhauled, or otherwise tampered with or misused without Onlinetoners' consent.
- (c) in respect of all claims, Onlinetoner shall not be liable to compensate the Customer for any delay in either replacing or remedying the workmanship or in properly assessing the Customers' claim.
6.6 For Goods not manufactured by Onlinetoner, the warranty shall be the current warranty provided by the manufacturer of the Goods. Onlinetoner shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.
7] The Commonwealth Trade Practices Act 1974 ("TPA") and Fair Trading Acts ("FTA")
7.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the TPA or the FTA in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.