Limitation of Liability:
The information in this website is reviewed and updated on a regular basis, however the information provided is not legally binding and Testo Pty Ltd reserves the right to modify and or make amendments to the information provided. Therefore, any responsibility for the accuracy and completeness is excluded.
We at Testo Pty Ltd are happy you choose to visit our website and for your interest in our company and products. We take the protection of your privacy and data very seriously. The information given to us during your visit to our website is handled with the greatest confidentiality and in accordance with legal regulations. We only collect personal information that is voluntarily given. Personal information is used only when you have expressly stated your agreement. Personal information is only used to fulfil your requests and requirements, e.g. within the context of an online order for a product or a service, a survey, a contest, or an inquiry. You can retract your consent to the use and storage of your personal information at any time. All data that you disclose is stored and handled exclusively within our company. Under no circumstance will any of your personal information be shared with a third party without your consent. Furthermore, we have taken precautionary measures to block unwanted access by third parties to stored data.
Should you wish to have data corrected or removed, or have any additional questions or suggestions, please feel free to contact us.
We assume no responsibility for the contents of websites operated by third parties, to which this website may refer.
The contents of this website are protected by copyright, and all rights belong exclusively to Testo Pty Ltd. Reproduction of the contents for commercial purposes, or any other commercial use of the contents and information, particularly of graphic material or images, is not permitted without the written permission of Testo Pty Ltd.
Prices of sale are determined by Testo Pty Ltd as listed and quoted. Prices are quoted in Australian Dollars and are inclusive of import duties, inward freight and clearance costs. Prices are exclusive of GST. They are ex our Melbourne store. Packing & outward freight is not included unless previously agreed in writing. Prices are calculated from current rates of exchange and may be varied without prior notice. All invoices issued will attract GST at 10% of the total amount including delivery and packing charges. All service, repair and calibration charges are subject to GST at 10%.
Testo Pty Ltd shall make every effort to meet quoted delivery dates but shall not be liable for any failure in this regard. Such failure shall not be ground for cancellation.
SHIPMENT, RISK, PASSAGE OF TITLE, PACKING:
- Testo Pty Ltd shall ship in accordance with purchaser’s written instruction in the absence of which Testo Pty Ltd shall ship at its discretion in the most appropriate manner.
- Unless otherwise agreed in writing, risk transfers to the purchaser at the point of dispatch ex store.
- Title to the goods does not transfer to the purchaser until the invoice has been paid in full in accordance with clause 2 above and the amount has been credited to Testo Pty Ltd account.
- Unless otherwise agreed in writing suitable packing for outward freight is included in the sales price.
- Goods that are not received, missing in transit, and given the wrong product, should notify Testo Pty Ltd within five working days.
Precedence of Terms:
These Terms and Conditions shall take precedence over purchaser's terms and conditions of order to which notice of object is here by given.
Changes, Cancellations, Credit Returns:
- Changes and/or cancellations made by the purchaser are accepted by Testo only in respect of goods, which are normally held in local stocks. Such changes and or cancellations must be made in writing within 15 days of receipt by Testo of purchaser's order. Goods accepted into stock may be subject to a cancellation fee of 15% of the net value of the goods original invoice. Calibrations cannot be credited.
- Purchasers request for returns must be made in writing within 15 days of date of the original invoice and must receive prior written authorization from Testo Pty Ltd.
- Goods that are not normally held in local stocks, goods that have been obtained especially or manufactured especially by Testo shall not be subject to change or cancellation except with the prior written agreement of Testo Pty Ltd.
- No exchange, credit or refund on replacement software
Demo or stock goods loaned by Testo Pty Ltd to potential purchasers are subject to a signed agreement known as a loan form. Goods loaned are on a specified loan time period, which is to be adhered to. Goods must be returned in original packaging & condition. Goods that are lost or damaged, will incur the total invoice amount stated on the loan form. No discounts will be given for goods out on loan. All requests for the extension of a loan period are to be cleared with Testo Pty Ltd management.
Goods returned by the purchaser for repairs and/or calibrations will be accepted by Testo Pty Ltd, freight paid by purchaser, correctly packed and accompanied by purchaser's documentation giving details of the service required. If a detailed repair is needed, a formal quotation will be made describing the nature of the repair and the estimated cost. Detailed repairs shall not be proceeded without purchaser's written order. Calibrations shall be made in accordance with Testo prices schedule. Repairs not claimed within 3 months will be considered abandoned and then become the property of Testo Pty Ltd. An applicable minimum service fee will be charged for all non-warranty repairs.
Testo SE & Co. KGaA issues a worldwide warranty with a time limit on all its products in accordance with the following listed warranty conditions.
Testo issues the warranty from the date of the first purchase. The warranty covers all material and manufacturer faults.
Faults occurring during the warranty time will be rectified by Testo SE & Co. KGaA, its authorized sales subsidiaries or authorized dealers in accordance with the following conditions and without charge for labour and material costs.
Either the defective components will be replaced with new spare parts or the entire product will be replaced according to Testo estimation.
The following are excluded from the manufactures warranty:
- Wear parts (e.g. rechargeable batteries/ batteries, measuring cells, printing mechanisms) and consumables (e.g. printer paper)
Damage caused by:
- Use contrary to the intended purpose or failure to observe the instruction manual and/or the safety instructions
- Lack of care, accidents or normal wear,
- External influences (e.g. damage during transport, damage caused by vibration, excess heat, water, moisture or acids.)
- Use of unsuitable accessories
This warranty expires if:
- The type or serial number of the product is changed, deleted, removed or made illegible
- Repairs or modifications are undertaken by third parties or unauthorized persons.
The warranty covers none of the following items
- Regular maintenance and repairs or the replacement of parts due to normal wear,
- The costs of packaging and transport,
- The costs of repairs, adjustments or similar measures taken beyond the extent of this warranty
In the case of a warranty claim, consult your dealer or the sales subsidiary responsible for your country. The addresses can be seen at www.testo.com.au.
Enclose a brief description of the fault and the purchase receipt, indicating the delivery and purchase dates, together with the product. Please also give us your telephone number for any inquiries.
Warranty repairs do not extend the period of warranty.
Further claims of any kind against Testo such as commercial transformation, price reduction or compensation will not be processed.
This warranty is provided in addition to other rights and remedies you have under law. Our goods come with guarantees which cannot be excluded under Australian consumer law. You are entitled to replacement or refund for a major failure and to compensation for other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
The following time limits apply to instruments and accessories in Australia.
Instrument 24 months, Probes 12 months, Accessories 6 months
Limitation of Remedies:
Subject to Clause (Changes, Cancellations, Credit Returns) above remedies granted to purchaser expressly exclude any liability or consequential damages (including loss of profit) whether based on contract, tort or other legal theory.
- Should purchaser become insolvent or otherwise unable to pay due debts, declare bankruptcy or have a receiver manager appointed Testo Pty Ltd may cancel any unfulfilled orders and obligations and take possession of goods of its supply to the value of outstanding monies due to Testo.
- Purchaser may not assign any rights under these Terms and Conditions of sale.
- No purchaser may advertise Testo products without the prior written agreement of Testo.
- No reseller/wholesaler or distributor may infer any exclusivity of representation.
- Any dispute regarding the interpretation or validity of these Terms and Conditions of Sale shall be governed by the laws of the State of Victoria, Australia.