- “ Brisbane Sound Group”  - These terms and conditions apply to the goods supplied and services rendered by Brisbane Sound Group and any other trading name used by Brisbane Sound Group.

- “Customer” and all references to customer refers to the purchaser of goods under this agreement

 - “Goods” refers to the products, equipment, material or other item, and, if any, services sold by Brisbane Sound Group to the customer.

- “GST” refers to the goods and services tax as imposed by “A New Tax System” (Goods and Services Tax) Act 1999 in Australia.

- “ACL” refers to Australian Consumer Law.  ACL is a schedule to the Competition and Consumer Act 2010, which is the new name of the Trade Practices Act 1974;

FREIGHT AND HANDLING

Unless specified by the customer, deliveries will be made by a carrier nominated by Brisbane Sound Group, provided however that Brisbane Sound Group shall not be liable for any delay, negligence or other act or omission of the carrier. 

Brisbane Sound Group has the right to invoice for any additional freight charges incurred for express freight at the request of the customer and/or the delivery address different from the one supplied at time of sale.  Brisbane Sound Group will advise of any additional freight charges that are not in agreement verbally or listed on the customer’s purchase order.

TITLE

Brisbane Sound Group reserves the following rights in relation to the Goods until all outstanding monies owed by the customer are fully paid:

(I)Ownership of the goods

(ii)To enter the customer’s premises, or the premises of any associated company or agent where the goods are located, without liability for trespass or any resulting damage, and take repossession of the goods; and

(iii)To keep or resell the goods repossessed pursuant to paragraph (ii)

The customer acknowledges that until their total indebtedness to Brisbane Sound Group is discharged, the customer holds the goods and services sold as bailee of Brisbane Sound Group and that a fiduciary relationship exists between Brisbane Sound Group and the customer.  In the event that the customer sells the goods and/or services to a third party before payment in full for these goods and/or services are made, then the customer in a position of fiduciary shall:

(a)      Assign to Brisbane Sound Group the benefit of any claim against such customers

(b)      Account fully to Brisbane Sound Group for the proceeds of the sale of the goods and/or services sold or any part thereof until the customer’s total indebtedness to Brisbane Sound Group is discharged.

CONSUMER GUARANTEE

A customer of Brisbane Sound Group has guaranteed rights that the goods and services we provide cannot be excluded under the Australian Consumer Law.

-           Brisbane Sound Group has the right to sell the goods (authorised dealership)

-           The goods are of acceptable quality;

-           The goods match their description;

-           The goods are fit for any purpose that the consumer makes known to Brisbane Sound Group;

-           The goods will satisfy any extra promises made about them eg state, condition, performance, quality or characteristics (express warranties)

-           The services are carried out with reasonable care and skill; and

-           The services are completed within a reasonable time.

WARRANTY AGAINST DEFECTS

Many of our products come with a guarantee or warranty from the manufacturer.  In addition, they come with guarantees that cannot be excluded under the Australian Consumer Law.  You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.  You are 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. Full details of your consumer rights may be found at www.consumerlaw.gov.au.

The warranty applies to the purchaser of the product (or any person the title is transferred to) during the warranty period from the date of original purchase.

As an Authorised Warranty Service Centre for many of our manufacturers, Brisbane Sound Group will not be liable for defects when making a Warranty Claim which are a result of damage or loss by the customer caused by factors which are beyond our control.  This includes but is not limited to:

-           Goods which are not maintained according to the manufacturers owner’s manual (care and maintenance instructions)

-            Goods which are stolen or misplaced once they have left our premises

-           Any alterations or repairs to the product which has not been performed by us or another Authorised Service Centre.

-           Any shipping costs associated with returning the product to us unless specifically agreed to by Brisbane Sound Group and/or the manufacturer

-           Damage or defects caused by the incorrect or non recommended use of the product/s

-           Any damage or loss caused by environmental conditions such as dirt, water or other similar conditions

-           Any damage or loss caused by electrical surges, incorrect mains voltage  or other related electrical interference

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Guarantees relating to the supply of goods by sample or demonstration model

There is a guarantee that:

-           the goods correspond with the sample or demonstration model in quality, state or condition; and

-           if the goods are supplied by reference to a sample—the consumer will have a reasonable opportunity to compare the goods with the sample; and

-           the goods are free from any defect that would not be apparent on reasonable examination of the sample or demonstration model; and would cause the goods not to be of acceptable quality.

Guarantee as to Express Warranties

There is a guarantee that Brisbane Sound Group will comply with any express warranty given or made by the supplier in relation to the goods.

Guarantees Relating to the Supply of Services

If the customer, expressly or by implication, makes known to Brisbane Sound Group any particular purpose for which the services are being acquired by the consumer; there is a guarantee that the services, and any product resulting from the services, will be reasonably fit for that purpose.

If the consumer makes known, expressly or by implication, to Brisbane Sound Group or a person by whom any prior negotiations or arrangements in relation to the acquisition of the services were conducted or made the result that the consumer wishes the services to achieve; there is a guarantee that the services, and any product resulting from the services, will be of such a nature, and quality, state or condition, that they might reasonably be expected to achieve that result.

This section does not apply if the circumstances show that the consumer did not rely on, or that it was unreasonable for the consumer to rely on, the skill or judgment of Brisbane Sound Group.

POLICY IF YOU CHANGE YOUR MIND

If a customer simply “changes their mind”, Brisbane Sound Group will either offer a replacement, store credit or refund.  The choice of credit, refund or replacement  is at the discretion of Brisbane Sound Group in this circumstance.

PAYMENT

Unless you are an approved account customer with Brisbane Sound Group, all invoices are strictly payment on collection of goods and/or services.

For account Customers: Brisbane Sound Group will issue statements monthly.  

If credit is given, then payment will be made on or before the 28th of the month following in which the goods were supplied or the services were rendered.

Brisbane Sound Group will charge a 3% merchant fee for all transactions made by American Express over $5000 total value.  Brisbane Sound Group will NOT charge a merchant fee for all payments made by Mastercard and Visa.

 If monies are not paid by the due date, then Brisbane Sound Group has the right to hold the account from any additional purchases until monies have been paid.  Brisbane Sound Group also has the right to pursue legal action and list any defaulting account with Veda Advantage (formerly BaycorpAdvantage)  if the account becomes grossly overdue.

Accounts that do not comply with our terms and conditions may incur a 2% per month interest charge.

Brisbane Sound Group charges a $50.00 processing fee for any dishonoured cheque. 

Brisbane Sound Group may at any time and without assigning any reason, discontinue the customer’s credit or refuse to extend further credit.