Terms and Conditions
In these terms & conditions (“Terms & Conditions“), “we”, “us” or “our” means Rothcorp Australia Pty Ltd as Trustee for the IW Rothall Family Trust No 2 ABN 49 633 134 984 trading as various trading entities [“Merits”]. By using this website, you agree to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, you must refrain from using this website or making a purchase from this website.
We may from time to time amend, update or change our website, including these Terms & Conditions, at any time. Amendments will come into effect from the date they are published on this website.
The content contained on our website is protected by copyright. You may use our website only for your personal and non-commercial purposes. Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute the content on our website, or create any other material using content on our website, without obtaining our prior written consent.
Trademarks (whether registered or unregistered) and logos must not be used or modified in any way without obtaining our prior written consent.
We make no representations about websites accessed through this site which are not maintained, controlled or created by us. We do not endorse these sites and are not responsible for their content.
Links to, or framing of, external sites should not be construed as an endorsement, approval, recommendation or preference by us of the owners or operators of the external sites, or for any information, products or services referred to on the external sites unless expressly indicated on this website.
Information on this site is provided “as is” without warranty of any kind. Information on this website may contain typographical errors, technical inaccuracies or other errors and may be changed at any time without notice. We have a policy of continuous improvement of products and reserve the right to make improvements or changes to products without notice.
We are not liable for any loss suffered in connection with the use of this website or a linked website.
Photographs are illustrative only and may vary from the products described or offered for sale on our website.
To the extent permitted by law, we do not accept responsibility for any loss or damage which you may suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on the content contained on or accessed through this website.
To the extent permitted by law, any condition, warranty or guarantee which would otherwise be implied into these Terms & Conditions is hereby excluded.
Nothing in these Terms & Conditions excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which you may have under the Australian Consumer Law or any similar law which cannot be excluded, restricted or modified. To the fullest extent permitted by law, our liability to you for a breach of a non-excludable right is limited, at our sole discretion, to the resupply of the products again or the payment of the cost of having the products supplied again.
Returns and Requests for Credits
All goods for return must be sent at the Agent or the Buyer’s expense within 7 working days back to Merits unless otherwise arranged. Products may be returned to Merits only with prior verbal or written permission from an authorized representative of Merits. All approved Returns must be shipped at Buyer’s cost and must be properly packaged and include a copy of the original invoice as instructed by Merits. Product returns which are not Approved Returns, or not otherwise consistent with the Merits Return Policy will not be accepted by Merits and may not be suitable for credit/return. Items returned without fault or prior notice or that are custom built equipment, may be subject to a 20% restocking fee. Items of an electrical or electro-mechanical nature are not returnable unless otherwise faulty on receipt of such goods. Non-stock items or custom made or modified items specifically ordered in are not returnable under any circumstances.
Merits does not give cash refunds. All refunds are either by Cheque, Eft or onto a Credit Card.
Guarantee and Warranties
Merits distributes high-quality goods that are generally backed by a manufacturer’s warranty. The extent of this warranty is documented by way of “Written Warranty Statement” provided by the manufacturer with the relevant products supplied to the buyer by Merits. If the condition of the product is such as it might or would (subject to these terms) entitle the buyer to claim warranty, to reject or reverse purchase order, or to reject the product, the Agent or the Buyer shall first make written request to Merits to fulfil any applicable warranty obligations.
To the extent a valid warranty obligation exists, as determined by Merits, Merits shall then be entitled to take corrective actions within a reasonable time in the manner it deems appropriate, including, but not limited to repair or replacement of the product or refund the price paid for the product. If Merits takes corrective action, then Merits shall not be liable for any loss or damage of any nature whatsoever arising from and after initial delivery of the product, or the performance of its warranty obligations.
For repair, service and preventative maintenance work performed by Merits, Merits warrants only in terms of the manufacturers warranty. The warranty does not apply where any repairs or modifications are carried out otherwise than by Merits or an authorised Agent. Except as above, all warranties and conditions, whether expressed or implied, as to the goods and their fitness for any purpose are excluded.
Products & Pricing
Merits reserves the right to change without prior notice the source of any of its products. Merits further reserves the right to discontinue without prior notice any of its product and stock or replacement parts thereof. Merits may further change the prices of its products at any time and without prior notice unless otherwise agreed in writing by Merits to expressly provide prior notice to buyer. Merits will make reasonable effort to provide advanced notice when possible. Billing and payment shall be in Australian Dollars unless otherwise agreed in writing by the parties.
Unless otherwise agreed in writing by Merits and the Buyer, all products will be sold “ex-works”, Merits’s warehouse or distribution centre. Freight charges for delivery to the Agent or the Buyer’s premises will be added separately to the invoice for the goods. In the event that a Buyer chooses to use its own carrier, Merits shall be responsible for the loading of the products on departure to Buyer’s carrier.
Delivery of products to the Agent or the Buyer’s carrier shall constitute delivery to the Agent or the Buyer; thereafter all risk of loss or damage shall be at the Agent’s and or the Buyer’s responsibility with claims submitted to the Agent’s or Buyer’s carrier.
Shipping & Delivery
We deliver products using a number of local freight operators. Shipping costs are influenced by the size and weight of the product and your location. Orders are dispatched within 2-3 business days. Shipping times are estimated at between 2 – 3 days for metro regions and 5 – 7 business days for regional areas. Although Merits will make every effort to adhere to an agreed time for delivery, it accepts no responsibility for any loss or damage resulting from any delay however caused.
Your use of the website
You agree that you will not engage in any activity that interferes with or disrupts this website or the servers and networks that host this website. You agree not to or attempt to, circumvent, disable or otherwise interfere with security-related features of this website or features that prevent or restrict use or copying of any content or enforce limitations on the use of this website or the content.
These Terms & Conditions are governed by the laws of South Australia, Queensland where state based and Nationally overall. You agree to submit to the non-exclusive jurisdiction of the courts of those states and nationally where require, as applicable.
If you need to contact us for any reason, please do so using the contact details below:
Merits Customer Care Team
Sales and Information: firstname.lastname@example.org