Terms & Conditions

1. Interpretation

In these Terms and Conditions of Sale (T&Cs)

The Customer means the person, firm or company purchasing the Goods.

The Firm means DD&C Developments Pty Ltd T/A ZEEL AUDIO.

The Goods means the materials and/or services subject to the contract between the Customer and the Firm.

2. General
   • 2.1. Unless otherwise agreed in writing, every order, sale, quotation and contract placed with the Firm shall be subject to these T&Cs to the extent that the same are applicable. The T&Cs are deemed to be agreed and accepted by all parties involved and will override any standard terms and conditions stipulated, incorporated or referred to in the Customer’s order.
   • 2.2. These T&Cs shall be governed by the laws applicable in New South Wales and the Customer submits to the jurisdiction of the New South Wales Courts and Tribunals.
   • 2.3. If any clause or part of these T&Cs, not being of a fundamental nature, is held to be illegal or unenforceable the validity and enforceability of the remainder of these T&Cs shall not be affected.
   • 2.4. The Firm may vary these T&Cs at any time by notice in writing to you. Any such variation will take effect from acceptance of the first order for Goods following notice of the variation being given to the Customer.
   • 2.5. No waiver by the Firm of any term or condition will constitute a waiver of any other of these T&Cs.
3. Price
   • 3.1. The Customer shall pay the price of the Goods stated in the invoice which will be the price ruling at the date of delivery or collection (“Price”)
   • 3.2. The Customer shall pay all taxes (including applicable GST), duties or charges where applicable at the rate specified in the invoice unless:
     • 3.2.1. A written exemption certificate was forwarded to the Firm at the time the order for Goods was placed; and
     • 3.2.2. The sales tax number of the Customer is quoted in the invoice.
   • 3.3. Unless otherwise agreed in writing the Price is exclusive of packaging cost, freight charges, delivery costs, bank charges and such other charges notified by the Firm to the Customer all of which costs if incurred are payable by the Customer (“Price Additions”).
   • 3.4. If the cost to the Firm of supplying the Goods not yet delivered shall be increased materially by any dispute or cause and the parties concerned cannot agree on how such increase shall be borne, the Firm may cancel the Contract without liability in respect of such undelivered Goods.
   • 3.5. Where delivery of the Goods is to be made by instalments, each delivery shall be treated as a separate contract and failure, suspension or delay in any delivery or defect in the Goods delivered shall not vitiate the Contract as to other deliveries.
4. Acceptance and risk
   • 4.1. The Customer accepts the Goods and the Goods are at the Customer’s risk immediately upon leaving the Firm’s premises, whether the Goods are delivered by the Firm or by someone other than the firm or collected by the Customer. If the Customer wishes to insure against loss or damage to the Goods after they have left the Firm’s premises, it shall be in the Customer’s responsibility to do so.
   • 4.2. All delivery dates are estimates only and the Firm shall not be liable in damages for any delay. The Customer shall not be entitled to refuse or to accept delivery except where delay of an unreasonable length has occurred due to circumstances within the Firm’s control (without limiting the generality of the foregoing). The following circumstances shall be deemed NOT to be within the Firm’s control: Act of God, war, riots, civil commotions, strikes, lock-outs, trade disputes, fires, breakdowns, interruptions of transport, Government action and delay in delivery by Firms suppliers.
   • 4.3. During any such period of delay the Customer, after giving reasonable prior written notice of his intention to do so, shall be at liberty to purchase elsewhere such Goods only as shall be necessary for the Customer’s immediate requirements and to cancel a delivery from the Firm of any corresponding quantities so purchased.
5. Terms of payment
   • 5.1. The Customer shall pay the Price and Price Additions (“Total Price”) at online shopping checkout (“Due Date”) when placing order. The firm do not offer credit accounts unless agreed otherwise in writing.
   • 5.2. If the Customer does not pay the full amount of the Total Price on the due date, no orders will be placed with the firm, resulted in no obligation for delivery of goods.
6. Warranty & Returns
   • 6.1. Please refer to ZEEL AUDIO’s warranty and returns policy.
7. Cancellation

No order for Goods placed by the Customer and accepted by the Firm may be cancelled or deferred without prior consent (in writing) of the Firm and in the case of custom-made Goods ordered by the Customer no order for such Goods may be cancelled after:

• 7.1.1 The Firm has scheduled manufacture of such Goods; or
• 7.1.2 The Firm has purchased the materials required for the manufacture of such Goods.

8. Property
   • 8.1. Property in and title to each unit of the Goods supplied shall not pass to the Customer until payment has been received by the Firm in full (each unit being considered as a whole).
9. Competition and Consumer Act 2010
   • 9.1. Where the T&Cs would otherwise be subject to the Competition and Consumer Act 2010 (“Act”), the Customer agrees that the Customer is acquiring the Goods for business purposes and that the Act does not apply to the supply of the Goods to the Customer.
   • 9.2. If the Customer is a consumer as defined in section 4B of the Competition and Consumer Act 2010, the Customer has not contracted out of the Act under clause 13.1 of these T&Cs, nothing in these T&Cs will limit any rights the Customer may have under this Act.
10. Privacy
    • 10.1. The Firm will adhere to the Privacy Act 1988 (Cth)(Privacy Act).
    • 10.2. Please refer to ZEEL AUDIO Privacy Policy for more details.
11. Customer’s statutory rights

These T&Cs will not limit, restrict or modify any rights, entitlements and remedies available to the Customer due to any Commonwealth or New South Wales legislation. Any excludable conditions, terms and warnings that are available to the Customer under Commonwealth or New South Wales legislation are hereby excluded.2.1