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Terms and Conditions
Terms and Conditions
EOTR™ Pty Ltd Store Terms and Conditions
About these Terms and Conditions
In these terms and conditions “we” and “us” mean EOTR™ Pty Ltd ACN 106 757 733 of 370 Gilbert Road, Preston VIC 3072, and “you” means you the customer.
These terms and conditions together with your
Order constitute the entire
Contract between us and you for the supply of
Products and/or Professional Services . No other terms and conditions will apply. The
Contract cannot be varied unless we agree to vary it in writing or by email.
Global Sales
The EOTR™ Store sells and ships
Products globally, to end user customers, retailers, wholesalers and/or distributors. Professional Services are offered in good faith to all our national and our international clientele, where provision is dependant on labour availability.
Hours of Operation
If you would like product and pricing information or more details about our professional services, our EOTR™ Sales Team are available to assist you Monday to Friday 8.00am to 6.00pm, at 0414–MELISS (0414–635477) or our head office at
Ph/Fax: +61 3 9478 2660
.
For order status information or other assistance with an order you have already placed with the EOTR™ Store, please contact EOTR’s Sales Support at
sales@eotr.com or at 0414–MELISS (0414–635477) or at
Ph/Fax: +61 3 9478 2660 between the hours of 8.00am and 6.00pm Monday to Friday.
Placing Your Order
You may place an Order by either:
- filling in the Order Form on the EOTR™ Store Web Site and clicking the “Checkout” button
(this facility is available 24 hours a day, 7 days a week)
- emailing a soft copy to us at
sales@eotr.com
(this facility is available 24 hours a day, 7 days a week)
- faxing a hard copy to us on
Fax: +61 3 9478 2660
.
(this facility is available 24 hours a day, 7 days a week)
- telephoning us on
+61 3 9478 2660
. or at 0414–MELISS (0414–635477)
(between 8.00am and 6.00pm (EST) Monday to Friday, excluding VIC public holidays)
- mailing a hard copy to us at PO BOX 6088 West Preston, VIC 3072 Australia
When you place your
Order online, the EOTR™ Store will automatically issue you with an
Order Number along with your invoice. For other order methods, or for situations where the online service is not available, we will issue your
Order Number by email, fax, phone or mail. By placing an
Order , you make an offer to us to purchase the
Products you have selected and/or engage us in the supply of Professional Services to you on these terms and conditions. We may or may not accept your offer at our discretion.
If we accept your
Order , we will notify you of our acceptance by issuing an
Order Confirmation . Where your order is for Professional Services, we will also issue you with an Engagement Confirmation. We will send your
Order Confirmation and where relevant your Engagement Confirmation to you by email, or alternatively we will fax, phone or post the
Order Confirmation
and Engagement Confirmation to you. The
Order Confirmation will be effective on sending. Similarly, the Engagement Confirmation will be effective on sending. If we cannot accept your
Order we will contact you by telephone. Information contained on the EOTR™ Store Web Site constitutes an invitation to treat. No such information constitutes an offer by us to supply any
Products or Professional Services .
Supply of Your Products and/or Professional Services
Subject to these terms and conditions, we will supply to you the
Products and/or Professional Services indicated on your
Order Confirmation and/or Engagement Confirmation . When your
Order has been shipped, we will email you or alternatively, we will fax or phone you to confirm shipment. When your
Engagement Confirmation
has been sent we will email you or alternatively, we will fax, phone or otherwise contact you to confirm professional services appointment/booking details.
Payment Methods
You may pay for your
Products and/or Professional Services by one of the various methods of payment as displayed on the payment section of the EOTR™ Store Web Site and as outlined in the
Methods of Payment web page from time to time. You must pay the price payable in Australian dollars as indicated on your
Order Confirmation and/or Engagement Confirmation , unless the payment method selected allows for payment in another currency. We will email or post your invoice to you at the billing address indicated on your
Order Confirmation when we ship your
Products to you. We will email, post or otherwise deliver your invoice to you on a weekly basis at the billing address indicated on your Engagement Confirmation when supplying Professional Services to you. Your invoice will be your proof of purchase. Payment methods include:
- Cheques or Money Orders
The EOTR™ Store accepts regular
Money Orders ,
Express Money Orders and
Western Union Money Transfers ,
Personal ,
Bank ,
Business and
Travellers Cheques as valid forms of payment. The cheque or money order must be payable to EOTR™ Pty Ltd, and include your
Order Number and/or a copy of your order along with any other necessary information, such as viewing a passport to verify travellers cheques. EOTR™ must receive your payment within 10 business days or your order will be cancelled. Please allow 1 business day for order processing after EOTR™ receives your payment and full funds clearance from the Bank. Please mail your payment to:
EOTR™ Pty Ltd. Att: EOTR™ Store PO BOX 6088 West Preston, VIC 3072 Australia
- Direct Deposit
Wire Transfers ,
Direct Deposits and
TT are accepted by the EOTR™ Store as valid forms of payment. Unless otherwise agreed in the Engagement Confirmation, this is the form of payment to be used in paying for the provision of Professional Services. Professional Services may be suspended immediately upon non-payment of invoice, at the discretion of EOTR™ Pty Ltd. For product orders, EOTR™ must receive your payment within 10 business days or your product order will be cancelled. Processing time varies among banking institutions and can be delayed. Therefore, please allow 1 business day for the processing of your Direct Deposit. The final dollar total of your product order including GST and any applicable additional charges will be indicated on your
Order Confirmation . Have your bank electronically transfer the total dollar amount of your order referencing your name and
Order Number to:
EOTR™ Pty Ltd National Australia Bank BSB#: 083 324 Account #: 56 679 9501
- Gift Certificate, Credit Note, Affiliate and Bulk Purchase Discount Vouchers
EOTR™ has provided
Gift Vouchers ,
Credit Notes and
Affiliate and Bulk Purchase Discount Vouchers as accepted forms of payment. These forms of payment are only valid once they have been authorized by EOTR™ and any such ticket, whether physical or electronic, which is illegible, unissued, mutilated, altered, stamped paid, marked void, stolen, misprinted, incomplete, counterfeit, reconstituted or defective will be ineligible for presentation as payment. The monetary value marked on such ticket is equivalent to the amount of payment credited upon presentation of the ticket. Where this credit is insufficient to pay for the order total, other supplementary forms of payment will be required, to constitute full payment, before goods are shipped. Where such ticket credit is in excess of the order total, a new credit note equivalent to the excess funds will be shipped along with the order.
- PayPal,
The provision of PayPal as a payment method is made under the understanding that you notify EOTR™ when full payment has been made. EOTR™ must receive your payment within 10 business days or your order will be cancelled. Please include your
Order Number and/or a copy of your order along with any other information relevant to PayPal processing. Once payment has been received, goods will be shipped.
- Cash on Delivery (C.O.D.), Purchase Order and Cash
For clients who wish to have the goods in sight before they make payment, EOTR™ offers
Cash on Delivery (C.O.D.) ,
Purchase Order and
Cash Payment facilities. Please be aware that Australia Post staff will collect payment prior to handing over C.O.D. goods. Purchase Orders are subject to EOTR™ approval, available to authorised EOTR™ Account holders only and enjoy a 30 day interest–free period. Goods not paid for at the conclusion of this interest–free period, will attract interest, late payment charges and other amounts as set out in the terms and conditions of the EOTR™ account application form. Unless mutually agreed otherwise, full cash payment is required before you may take possession of the goods when making cash payments.
For more information about alternate payment options please review options listed in the
Methods of Payment web page.
GST
EOTR™ Store purchases will include GST. If you phone in your order, the EOTR™ Store sales representative will endeavour to provide the final dollar total of your order including GST and any applicable shipping charges at the time you place your order. Quotes for Professional Services are provided ex-GST, the ensuing Engagement Confirmation will be GST-inclusive. The invoice EOTR™ emails, posts or otherwise delivers to you will include GST.
Prices
The EOTR™ Store endeavours to offer you competitive prices on current EOTR™ products and professional services. EOTR™ reserves the right to change prices for products displayed or professional services offered through the EOTR™ Store at any time. Should EOTR™ reduce its price on any product within 5 calendar days of issuing your
Order Confirmation , you may contact the EOTR™ Store Order Management team at
+61 3 9478 2660 to request a refund or credit of the difference between the price you were charged and the current selling price. To receive the refund or credit you must contact EOTR™ within 5 calendar days of shipment.
Product and Professional Service Availability
EOTR™ endeavours to stay at the forefront of technological advancement. For this reason, EOTR™ reserves the right to discontinue products without notice. Given the popularity of some products, EOTR™ may also restrict the number of such items that you may purchase. Any product limit restrictions will be posted on the EOTR™ Store web site. This information is subject to change.
EOTR™ makes every effort to ship your product according to the estimated lead times provided by the EOTR™ Store at checkout. Order lead time is the length of time it will take us to validate your order, assemble the right products and package your order. Shipping lead time is the length of time it will take for the package to travel from our warehouse to your shipping address. The estimated lead times are in business days (Monday through Friday) excluding Public holidays. Lead times will begin the following business day for orders placed and credit cleared after 3.00 p.m. EST.
Although every effort is made to ship your order according to the lead time provided, shipping dates may change due to changes in supply. If the lead time changes substantially, EOTR™ will contact you via email and provide a revised shipping estimate. We encourage you to contact the EOTR™ Store Sales Support team at 0414–635477 or at
+61 3 9478 2660 for order status information, email
sales@eotr.com or navigate to http://www.eotr.com, login with your username & password, and click the
“Orders History” button in the Cart Menu to view the status of your order.
All Professional Services are scheduled by appointment. EOTR™ Pty Ltd always will endeavour to serve you as quickly as possible, therefore you will be notified of time-frames for service provisions when booking the appointment. Should there be any consequent delays to your appointment, you will be notified as soon as this information comes to hand, and given a revised provision date. You may also contact us at any time to check the expected provision date of your booked Professional Service appointment.
Delivery of Your Products
EOTR™ delivers globally and offers premium/preferred, standard and economy shipping and freight service options. The estimated shipment date on your order is based on product availability, payment processing time, and warehouse processing time and does not include transit time. Payment processing will not begin until we receive all the information we need and full payment (or a full authorisation, in the case of specific mutually agreed loan, or lease orders). Orders placed on the weekend or on a Public holiday will not begin payment processing until the next business day. Business days are Monday through Friday, excluding VIC. Public holidays.
Unless otherwise agreed by us, we will deliver your
Products to the ship to address indicated on your
Order Confirmation . We will use our reasonable endeavours to ship your
Products to you within 10 working days of the date of issue of your
Order Confirmation , however, due to different shipping methods available and different global locations shipped to, we do not guarantee that we will deliver within this time frame. Except to the extent that your
Products are not fully paid for at time of delivery, title and risk of loss to all
Products will pass to you on delivery.
Your right to return the products
If you are not satisfied with your EOTR™ purchase of a pre–built product, please notify EOTR™ Pty Ltd in writing within 10 calendar days of EOTR™ issuing your
Order Confirmation . If the item is returned unopened in the original packaging, we will exchange it or offer you a refund based on your original method of payment. The product must be returned to the EOTR™ postal address within 15 business days of our receipt of your written order cancellation notification. All products must be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that shipped with the product. Please note that EOTR™ does not permit the return of, or offer refunds for
Product that is personalised or custom configured to your specifications. EOTR™ recommends that you use a carrier that offers shipment tracking for all returns and that you either insure your package for safe return to EOTR™ or declare the full value of the shipment so that you are completely protected if the shipment is lost or damaged in transit. If you choose not to use a carrier that offers tracking and do not insure or declare the full value of the product, you will be responsible for any loss or damage to the product during shipping.
Dead On Arrival (DOA) Product: System Failure Out of the Box
An EOTR–branded hardware product is considered DOA if it shows symptoms of a hardware failure, preventing basic operability, upon its first use out of the box. If you believe that your product is DOA, please call EOTR™ Technical Support at
+61 3 9478 2660 within 10 calendar days of the invoice date, and then return the
Product to the EOTR™ postal address within 15 business days of your call. Upon receipt of the Product, EOTR™ Technical Support will determine whether the product is DOA and offer you the following options:
- Replacement:
Product must be deemed DOA by EOTR™ Care Technical Support in order to receive a replacement unit. The same product that you ordered will be shipped to you at EOTR’s expense. An EOTR™ Store Sales Support representative will contact you within 24 hours of your call with the replacement product delivery details and the procedure for returning the DOA product.
- Service:
You may have the product repaired; however, once serviced, the product is no longer eligible for replacement.
DOA Terms and Conditions
This DOA policy applies only to EOTR–branded hardware products currently offered at the EOTR™ Store. As new products are offered, EOTR™ reserves the right to determine whether or not this policy applies. This DOA policy does not apply to third–party products that do not bear the EOTR™ brand name. You may call the manufacturer directly with any third–party product issues. If the product is deemed DOA by EOTR™ Care Technical Support after the DOA cut–off date, EOTR’s standard product warranty will apply. If the product is deemed by EOTR™ Care Technical Support NOT to be DOA, EOTR’s standard product warranty will apply. Shipping will be arranged at EOTR’s expense for all products determined by EOTR™ Care Technical Support to be DOA. EOTR™ reserves the right to test returned DOA product. If the condition of the product is misrepresented by the customer, EOTR™ may impose a $100 handling fee.
Defective Items
- EOTR™ Branded Products
If you discover what you believe is a product defect for any EOTR–branded product, please contact EOTR™ Care Technical Support at
+61 3 9478 2660
. Such a defect, if any, is covered under the terms of your
product’s warranty . Please refer to the warranty information and other supporting documentation that came with your product. (See
Product Warranty section below for specific information about EOTR’s product warranties.)
- Non–EOTR™ Branded/Third–Party Products
Products sold through this web site that do not bear the EOTR™ brand name are serviced and supported exclusively by their manufacturers in accordance with terms and conditions packaged with the products. EOTR’s Limited Warranty does not apply to products that are not EOTR–branded, even if packaged or sold with EOTR™ products. If you discover what you believe is a product defect for any third–party product, please contact the manufacturer directly for information regarding the manufacturer’s warranty.
Electronic Software Downloads
Using a valid EOTR™ Store Account, you can select downloadable software products for purchase at the EOTR™ Store.
Once credit authorisation has been received, you will receive instructions in the form of a link to begin downloading your software. If the transmission is interrupted in any way during download, you can use your EOTR™ Store account and password to begin the downloading process again. Once you complete your order, you will receive a separate email acknowledgment that provides information about your purchase. If credit authorisation is not received, you will receive instructions for completing your purchase. If you need technical assistance regarding electronic software downloads, please call EOTR™ Technical Software Support at
+61 3 9478 2660
. Please read the product information for Electronic Software Downloads carefully since software download purchases are non–refundable.
Proof of Purchase
EOTR™ will send an
Order Confirmation via email if you have included an email address with your order. If you have not included an email address, you will receive an
Order Confirmation by fax, phone or regular mail when your order is shipped.
Custom–Configure Product
We are pleased to offer product that is custom–configured to your specifications, and we encourage you to review your order carefully. Since the product is built to your specifications, the order cannot be changed, modified, or cancelled once your order is in production.
Software Licensing
All Software is licensed to you on the terms and conditions of the applicable licence agreements. These licence agreements are shipped with the Software.
EOTR™ Pty Ltd Store Software Licenses
Your use of EOTR–branded software is on the terms of the license in effect for the software at the time of purchase. You will be asked to agree to the terms of the applicable license at the time that you install the software. You may review examples of some of EOTR’s licenses, including limitations, by clicking the appropriate links throughout the EOTR™ Store. Please be aware, however, that your purchase is subject to the particular license that accompanies the software and you must agree to the terms and conditions of that license when you install the software. That license may differ from the licenses you can review at the links throughout the EOTR™ Store. Be certain to read the applicable license carefully before you install the software.
Non-disclosure and Intellectual Property
You agree that you shall neither before, during, nor after contact with EOTR™ Pty Ltd, for any reason whatsoever, reproduce, copy, use, disclose or place at the disposal of any third party, any Confidential Information accessed during the course of interaction with us, except as licensed to you on the terms and conditions of the applicable licence agreements. These licence agreements are supplied in the Engagement Confirmation.
Furthermore, all inventions, discoveries and novel designs, whether or not registerable as designs or patents; and the entire copyright throughout the world in all written documentation, artworks or other copyright work (‘the Works’) created by us or any sub-contractor of EOTR™ Pty Ltd pursuant to this contract (whether or not in normal business hours or using your premises or equipment) shall be assigned to us, other than trademarks or patents currently held by other parties such as those currently held by you.
In addition to refraining from disclosing any inventions, discoveries, designs or copyright works referred to in the preceding paragraph, neither you, nor any of your employees or agents, shall disclose any other inventions, discoveries, designs or copyright works devised or created by us and which relate or may touch upon the future or present business or products of EOTR™ Pty Ltd and its related companies.
You agree not to enter into any agreement, other than through EOTR™ Pty Ltd, in respect of further use of any information, products, intellectual property or ideas or their marketing equivalents that are the subject of the non-disclosure condition, to refrain from personally duplicating the products or confidential information in question, to refrain from entering into marketing agreements with any parties other than EOTR™ Pty Ltd in respect of the subject of the non-disclosure condition and to refrain from disclosing information which will allow the products, intellectual property or ideas or their marketing equivalents to be replicated by a third party, be that a normal person, a business identity, a company, corporation or other entity. Any mandatory disclosures to government or other governing bodies must be advised to and received by EOTR™ Pty Ltd in writing, before the disclosure occurs.
Other Terms and Conditions
EOTR™ is not responsible for typographic errors. EOTR™ reserves the right to change the terms and conditions of sale at the EOTR™ Store at any time. No EOTR™ employee or agent has the authority to vary any of the EOTR™ Store’s policies or the terms and conditions governing any sale.
Product Warranty
All new EOTR™ hardware products, carry a one–year
Limited Warranty against defects in materials and workmanship. You may review a copy of the
Limited Warranty on new products, including its limitations and exclusions, before you purchase, by going to the end of this document. Non–EOTR–branded/Third–party products are sold “AS IS” by the EOTR™ Store, but may be accompanied by their manufacturers’ standard warranties. “AS IS” products are sold by EOTR™ as is, where is, and with all faults, and without express or implied warranties from EOTR. If you have questions about any manufacturers’ warranties that accompany such products, please call
+61 3 9478 2660
.
Our Liability
These terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the
Products, the supply of the Professional Services and performance of the
Services and there are no warranties, conditions or other terms that are binding on us except as expressly stated in the
Contract . Any warranty, condition or other term concerning the
Products, Professional Services or
Services which might otherwise be implied into or incorporated in the
Contract by statute, common law or otherwise (including without limitation any implied term as to quality or fitness for purpose) is hereby expressly excluded. Notwithstanding the above, nothing in the
Contract excludes, restricts or modifies any condition, warranty, right or liability implied into this
Contract (including any condition, warranty, right or liability imposed by the Trade Practices Act 1974) where to do so is illegal or would render any provision of this
Contract void. Nothing in the
Contract shall limit or exclude our liability for death or personal injury caused by our negligence. Subject to the above, we will not be liable under the
Contract for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise. Subject to the above, our maximum aggregate liability under the
Contract whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the
Product(s) and/or Professional Service(s) in question.
Data Protection
By placing your
Order , you agree that we may store, process and use data collected from your
Order Form for the purposes of processing your
Order . If you so indicate on the appropriate section of your
Order Form , by placing your
Order you also agree that we may transfer such data, other than credit details, to other departments of EOTR™ and to other companies affiliated with the EOTR™ group of companies in order to provide you with information from time to time on other EOTR™ products and services that may be of interest to you. If you do not agree to our transferring such data to other departments of EOTR™ and to other companies affiliated with the EOTR™ group of companies in order to provide you with information on other EOTR™ products and services, you should indicate your non–agreement on the appropriate section of your
Order Form . You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request.
General
The
Contract will be governed by the law of Victoria. Both we and you irrevocably and unconditionally submit to the non–exclusive jurisdiction of the courts of that state. The invalidity or unenforceability of any provision of the
Contract shall not adversely affect the validity or enforceability of the remaining provisions. Neither our failure or your failure to enforce any term of the
Contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term. We will not be liable for any loss or damage suffered or incurred by you arising from our delay in fulfilling or failure to fulfil or otherwise discharge any of our obligations under the
Contract , to the extent that such delay or failure is caused by any circumstance beyond our reasonable control.
Defined Terms
In these terms and conditions:
- “Accessory” means any ancillary Product
- “EOTR™ Branded Hardware” means Hardware that is manufactured by or on behalf of EOTR™ and carries the EOTR™ trade mark;
- “EOTR™ Store Web Site” means our web site for customers located at http://www.eotr.com
- “EOTR™ Warranty” means EOTR’s standard hardware warranty, the full terms of which are set out below;
- “Condition” means a condition contained in these terms and conditions;
- “Confidential Information ” means all drawings, maps, plans, designs, diagrams, tables, charts, specifications, samples, models, intellectual property or any other objects or matters, that come to your knowledge due to contact with us;
- “Contract” means these terms and conditions together with your Order;
-
“Engagement Confirmation” means the professional services engagement confirmation issued by us to you indicating our acceptance of your Order and your acceptance of our supply of professional services to you on these terms and conditions;
- “Hardware” means any Product which is not Software;
- “Invoice” means the invoice issued by us to you showing the price of the Products and/or Professional Services, which is your proof of purchase;
- “Non–EOTR™ Branded Hardware” means any Hardware that is not EOTR™ Branded Hardware;
- “Order” means an order placed by you in accordance with these terms and conditions;
- “Order Confirmation” means the order confirmation issued by us to you indicating acceptance of your Order;
- “Order Form” means the electronic order form on the EOTR™ Store Web Site;
- “Product” means any product listed on the EOTR™ Store Web Site which we agree to supply to you on these terms and conditions;
-
“Professional Services” means any service offered by EOTR™ Pty Ltd which we agree to supply to you on these terms and conditions;
- “Services” means any services relating to Products (including without limitation warranty and telephone support services) that we agree to supply to you on these terms and conditions;
- “Software” means any software comprised in the Products including without limitation operating systems, bundled software and stand alone software;
- “Order Number” means the order number issued by us to you;
- “Working Day” means any day other than a Saturday, a Sunday or a public holiday in Victoria
Limited EOTR™ Warranty For All EOTR™ Hardware
EOTR™ warrants its hardware products against defects in materials and workmanship for a period of ONE (1) YEAR from the date of original retail purchase. If a defect exists, at its sole discretion EOTR™ will either
- repair the product at no charge using new or refurbished replacement parts, or
- will exchange the product with a product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original product.
A replacement product assumes the remaining warranty period of the original product or 90 days, whichever provides longer coverage for you. When a product or part is exchanged, any replacement item becomes your property and the replaced item becomes EOTR’s property. Warranty service will generally be provided by an EOTR™ Authorised Service Provider.
Obtaining Warranty Service
Hardware Products will be delivered at your expense to any EOTR™ Authorised Service Provider in the country where you purchased the product. Any product that can operate independently without a power cord is defined as a Portable Hardware Product. Such portable products may obtain service worldwide. Be aware, however, that not all countries have EOTR™ Authorised Service Providers and not all Authorised Service Providers outside the country of purchase have all parts or replacement units for the product. If the product cannot be repaired or replaced in the country it is in, it may need to be sent to a different country or returned to the country of purchase at your expense for repair or replacement. When you contact the EOTR™ Authorised Service Provider, you will be asked to furnish the following details:
- your name, address, telephone number
- proof of the original purchase containing a description of the product(s), purchase date, and the appropriate EOTR™ serial number(s),
- the local warranty card with registration number issued by EOTR™
(only in countries where EOTR™ requires warranty registration).
When obtaining warranty service, you must comply with all relevant laws and regulations of the country where service is being obtained.
Exclusions and Limitations
This EOTR™ Limited Hardware Warranty applies only to hardware products manufactured by or for EOTR™ that can be identified by the “EOTR” trademark, trade name, or logo affixed to them. EOTR’s Limited Hardware Warranty does not apply to any non–EOTR™ hardware products or any software, even if packaged or sold with EOTR™ hardware. Non–EOTR™ manufacturers, suppliers, or publishers may provide their own warranties. EOTR™ and its Authorised Service Providers are not liable for any damage to or loss of any programs, data, or other information stored on any media, or any non–EOTR™ product or part not covered by this warranty. This warranty does not apply:
- to damage caused by accident, abuse, misuse, misapplication, or non–EOTR™ products,
- to damage caused by service performed by anyone who is not an EOTR™ Authorised Service Provider,
- to a product or a part that has been modified without the written permission of EOTR™,
- to a product or part which is consumable or expendable,
- to a product or part that you did not purchase from an Authorised EOTR™ Reseller,
- to a product or part located outside the country where the retail purchase was made,
- to a product or part for which you cannot provide a local warranty card with registration number issued by EOTR™ (only in countries where EOTR™ requires warranty registration), or
- if any EOTR™ serial number has been removed or defaced.
This Warranty and remedies set forth above are exclusive and in lieu of all other warranties, remedies and conditions, whether oral or written, express or implied. EOTR™ specifically disclaims any and all implied warranties, including, without limitation, warranties of merchantability and fitness for a particular purpose. If EOTR™ cannot lawfully disclaim implied warranties under this limited warranty, all such warranties, including warranties of merchantability and fitness for a particular purpose are limited in duration to the duration of this warranty. No EOTR™ reseller, agent or employee is authorised to make any modification, extension, or addition to this warranty.
EOTR™ is not responsible for direct, special, incidental or consequential damages resulting from any breach of warranty or condition, or under any other legal theory, including but not limited to lost profits, downtime, goodwill, damage to or replacement of equipment and property, any costs of recovering, reprogramming, or reproducing any program or data stored in or used with EOTR™ products or used by any employee or sub-contractor of EOTR™ Pty Ltd during the provision of professional services, and any failure to maintain the confidentiality of data stored on the product or accessed by any employee or sub-contractor of EOTR™ Pty Ltd during the provision of professional services. EOTR™ specifically does not represent that it will be able to repair any product under this warranty or make a product exchange without risk to or loss of programs or data.
For consumers who have the benefit of consumer protection laws or regulations in their country of purchase, the benefits conferred by this warranty are in addition to all rights and remedies conveyed by such consumer protection laws and regulations. To the extent that liability under such consumer protection laws and regulations may be limited, the liability of EOTR™ is limited, at the sole option of EOTR™, to replacement or repair of EOTR™ products or supply of the repair service again.
Obtaining Warranty Service
Please review the online help resources referred to in the accompanying documentation before seeking warranty service. If the product is still not functioning properly after making use of these resources, access the online website: www.eotr.com for instructions on how to obtain warranty service.
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