Terms and Conditions

Summergard Pty Ltd (Summergard) would like their customers to be happy with their products and services so we have set out he following terms and conditions that we will adhere to at all times. These terms and conditions include our Privacy policy. This policy relates to all who use our website, either as a customer or supplier.

* These terms and conditions govern your use of our online warehouse. Please read the terms in full before you use this website. If you do not accept these terms, please do not use this website. Using the website implies that you accept these terms. We do occasionally update these terms so please refer back to them as you are required to accept them each time you order.

Site access

Anyone can access our online warehouse as a window shopper without registering. However our online warehouse is only open to registered retail and industrial customers who have completed our online registration form.

Use of the Summergard online warehouse

Registered customers are welcome to use our online warehouse at any time but must be aware that the copyright and other intellectual property rights in all material on this website are owned by us or our suppliers and must not be reproduced without our prior written consent.

Site up time

We take all reasonable steps to ensure that this website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues, therefore we will not be liable if this website is unavailable at any time.

This website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so.

Visitor conduct

With the exception of personally identifiable information, the use of which is covered under our privacy policy any material you send or post to this website shall be considered non-proprietary and not confidential. Unless you advise us to the contrary we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.

When using this website you shall not post or send to or from this website any material:

- For which you have not obtained all necessary written consents;
- That is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in Australia.
- Which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
- We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of these terms and conditions.

Links from other websites

Any links to third party websites located on this website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to from this website, it is at your own risk.

If you would like to link to this website, you may only do so on the basis that you link to, but do not replicate, any page on this website, and subject to the following conditions:

- You do not in any way imply that we are endorsing any products or services unless this has been specifically agreed to in writing with us;
- You do not misrepresent your relationship with us or present any false information about us;
- You do not link from a website that is not owned by you; and
- Your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in Australia;
- If you choose to link to our website in breach of our terms and conditions as set out on this page you shall fully indemnify us for any loss or damage suffered as a result of your actions.

Disclaimer

We take all reasonable steps to ensure that the information on this website is correct. However, we do not guarantee the correctness or completeness of material on this website. We may make changes to the material on this website at any time and without notice. The material on this website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.

The material at this website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this website on the basis that we exclude all representations, warranties and conditions which but for these terms may have effect in relation to this website.

Exclusion of Liability

Neither we nor any other party (whether or not involved in producing, maintaining or delivering this website), shall be liability or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this website.

Delivery times

To send your orders to you as fast as humanly possible, Summergard Pty Ltd has partnered with Australia Post, via their e parcel delivery system, as we dispatched all over Australia and overseas we suggest that you expect delivery time frame of 2 - 10 business days in the off peak period for deliveries within Australia. Deliveries around the festive season may take longer. The processing of orders and all deliveries are made Monday to Friday excluding public holidays. During the "wet season" deliveries into Northern Territory and Northern Queensland may be affected by adverse weather conditions. In this event, deliveries may take longer than our usual time frames.

We do not have a weekend or public holiday delivery service. Summergard does not deliver overseas, all overseas deliveries will be delivered to the customers nominated freight company in Melbourne with all on forwarding costs will be at the customer's discretion.

Delivery costs

Summergard has formulated a freight policy that is fair to all customers who purchase through the Summergard online warehouse. All deliveries over $550.00 and weighing less than 50kg will be delivered FIS. to Metro and rural areas.. Orders weighing over 50kg may be subject to an additional delivery fee, as they are outside our standard delivery criteria, these costs will vary according to location, however all deliveries over $550.00 to a freight forwarder in Melbourne will be FIS. Summergard will deliver FIS to a freight forwarder in Melbourne for remote and outback customers A nominal freight charge will apply to all deliveries between $200.00 and $550.00. Summergard will apply a freight charge to cover all delivery costs for orders under $200.00.

Payments

All accounts are strictly 14 days from receipt of goods unless otherwise agreed in writing with Summergard. To enable us to keep our online warehouse prices as cheap as we can Summergard will not pursue outstanding debts, but will on forward all outstanding accounts to our debt recovery partners. All costs associated with debt recovery will be at the customers expense. Your payment options include Account, Charge Through, NAB transact credit card facility, each payment option has its own benefits. Currently a 5% discount applies to all orders that are paid prior to dispatch. This amount will be deducted from the total of your invoice. Credit card payments are not available to overseas customers. Overseas customers are responsible for all bank charges on all transactions (exchange rates etc.). All prices quoted are in Australian dollars.

Dispatch

All orders will be dispatched from our Ringwood Victoria warehouse. Summergard has installed a state of the art computerised scanning system which will electronically record the barcodes of all scanned products and produce a delivery docket that will verify the accuracy of all deliveries.

Refunds & Credits

Should you need to make a claim for credit for damaged or short supplied goods please refer to the following procedures for the submission of your claim.

All claims must be in sent to Summergard Pty Ltd in writing within 48 hours of delivery acceptance date. Claims not notified in writing within this time frame will not be recognized or accepted. All claim forms must be signed by the business owner or appointed manager. All claims must have a valid invoice number and detailed description of what is being claimed, if in doubt please contact our office and we will forward a claim form to you. All claims for short delivery will be checked against our scanning and our stock holding system for accuracy.

Goods damaged in transit should packed and returned to our warehouse (with a claim form) for inspection and replacement. Once your claim is approved we will gladly fully refund or replace your damaged goods free of charge along with your costs involved with returning the goods to us.

Summergard Pty Ltd does not sell on a sales and return basis and all goods sold remain our property until paid for in full, we will however in some cases allow goods to be returned if they are no longer required, an administration and restocking fee of not less than 15% plus freight costs will be applied in these cases. No goods that are not resalable will be accepted. Goods that have or have had an in store price attached will be deemed as not resalable.