Terms & Conditions

This site is operated by Procon Instrument Technology (Procon). By using this site, you are agreeing to the terms and conditions listed on this site. The seller has the right to change these terms and conditions at any time. Notice of the change is provided by posting the revised terms on this site. You are responsible to review these terms and conditions periodically. Your continued use of this site following the posting of the changes indicates your acceptance of the changes. In no event will the seller be liable for any damage or cause of action of any kind upon or resulting from any use or inability to use this site. You further agree not to provide your password to any other person and to be the sole user of your account.

Title of Goods
Goods remain the property of the seller until payment is made in full. Where payment is tendered by cheque, payment shall not be deemed to be received until such cheque honoured upon presentation at the drawer’s bank. If the cheque is dishonoured the seller reserves the right to charge the customer for accounting and bank charges and other fees incurred by it in respect of such dishonour. If the customer defaults in payment for goods the seller retains the right to retrieve the goods and resell them. For the purpose the seller, its servants or agents may enter upon the buyer’s or other premises in which the goods are situated, without being responsible for any damage thereby caused.

Shortages
All items listed on the Seller’s invoice will be deemed to have been received in good order and condition, without shortage, unless the Seller is notified in writing to the contrary within 24hrs of the receipt of goods.

Pirvacy
The Customer agrees for Procon to obtain from a credit reporting agency and trade referees a credit report containing personal credit information about the Customer and any additional information required by Procon. Procon may exchange information about the Customer with those trade referees named in the application form for a trading account or named in a consumer credit report issued by reporting agency to:
a) Assess the Customer’s application b) Notify other credit providers of a default by the Customer c) Exchange other information with other credit providers as to the status of the trading account, if the customer is in default with other credit providers. d) Assess the credit worthiness of the Customer For more information on our Privacy Policy

Outside Interference
The supplier shall not be liable to the Customer for any defect, loss, damage or delay from the cause of strikes, breakdowns, lockouts or any other cause beyond the control of the Supplier.

Modifications to Terms and Conditions
a) All modifications and amendments to these Terms and Conditions shall be in writing and it otherwise shall not be binding upon the Seller. b) If any of the provisions of the contract are unlawful or invalid by Prior reason of any applicable statue or rule of Law, then such provision shall be severed from the rest of this Contract which shall remain valid and binding on the parties.

Consent to receive future communications
Providing your e-mail address will be deemed to be express consent to receive further information about Procon products through electronic communication.

Insurance
It is the Customer’s responsibility to effect whatever insurance cover is required at their own expense.

4.1 Typographical errors
The Site may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right (at our absolute discretion) to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may have placed based on information on the Site that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.

4.2 Antivirus protection
You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system, and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.

4.3 Liabilities
Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Procon will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in Section 5.13 or arising out of or in connection with you accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

4.4 Pay on Invoice
When selecting the option to 'pay on invoice' an invoice will be emailed to you. If payment has not been verified within 48 hours the order will be considered cancelled and items will be returned to stock. To expediate dispatch of your order please email payment confirmation including:
• Bank receipt number • Invoice number • Payment date

5.1 Pricing

Procon reserves the right to change the prices of goods at any time without notice. This price displayed at the time you place your order will continue to apply to you even if the price changed before your order is accepted by Procon.

In addition to the price of the goods, you will also need to pay the quoted or advertised delivery charge.

Delivery charges will be waived if you choose to nominate your preferred freight shipping company. Refer to section 9.5 Delivery & Shipping conditions.

In addition to the price for the goods and the delivery charge (if any) you may also need to pay any additional delivery charges which are not shown in your shopping cart but which we incur because you live in an area where light aircraft or barge transport is required, or to which our courier company does not provide a door-to-door service ("Additional Deliver Charge"). These include, without limitation, Christmas Island, Norfolk Island, Roma and Nhulunbuy. If you live in an area to which an Additional Delivery Charge will apply Procon will contact you before accepting your order and provide you with a quote for the Additional Delivery Charge. If, within the time-scale specified you do not agree to accept the Additional Delivery Charge, Procon will cancel your order. Payment will not be taken for your order until you have confirmed your acceptance of the Additional Delivery Charge.

By placing an order you agree to pay the price for the goods, delivery charges and any additional delivery charges incurred.

5.2 GST (Taxes)

On-line sales - all pricing advertised on the website are GST inclusive

Showroom sales - pricing quoted from the office are excluding GST and the current percentage GST shall be added

5.3 On-line Account

If you do not already have an Account you will need to create one before placing an on-line order.

You may not set up an Account for someone else.

Please ensure that you enter all information carefully when creating an Account. You warrant to Procon that all information provided by you in relation to your Account is complete, true and accurate

You must notify Procon immediately if you become aware of any actual or potential unauthorised use of your Password or Account.

Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Procon will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of:
• your account information being incomplete or inaccurate; or • any unauthorised use of your Password or Account which takes place before you notify Procon, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

Sales & Service suffers any loss, damage, cost or expense as a result of any unauthorised use of your Password or Account which takes place before you notify Procon then you must pay Procon the amount of that loss, damage, cost or expense if Procon asks you to.

5.4 Payment Terms

Payment prior to the goods leaving the seller’s warehouse unless the customer shall have made some other arrangement with the supplier.

If the supplier shall have granted the customer credit facilities, payment for all the goods sold will be within (30) days from the invoice date the goods were purchased.

Any variation to this will be agreed with the customer in writing.

The supplier may withdraw credit facilities to the customer at any time without notice. Without limiting the supplier’s rights to withdraw credit, the supplier reserves the right to stop supply & place the account on hold until the account is returned to the agreed trading terms, and the supplier agrees to recommence supply.

Interest shall be payable by the customer on all amounts overdue to the seller at the rate of two (2) per cent per month.

The customer shall be liable for collection and legal charges incurred by the seller pursuing outstanding amounts.

5.5 Displayed Pricing

Initial displayed pricing is for the base item price and will not display each individual pricing until the desired items has been selected, the pricing variance may depend on size/type/gas chosen.

5.6 Pricing may be subject to change.

Although Aegis endeavour to absorb bank fees and surcharges some transactions may incur a surcharge. You will be notified at time of payment and given the option to choose another preferred payment method.

Please note that the surcharge percentage is determined by our banking institution and will vary according the card type. As per relevant legislation we can not charge above and over the bank % fee so your credit card type will need to be provided if the credit card surcharge applies.

An order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order and any applicable Additional Delivery Charge or International Delivery Charge. Procon may accept or reject your offer in its absolute discretion. In particular, but without limitation, Procon may reject Orders for commercial quantities of Goods.

If you wish to order commercial quantities of goods please contact our office.
Each Order that you place will, if accepted by Procon, be a separate and binding agreement between you and Procon with respect to the supply of the relevant goods, in accordance with these Terms and Conditions.

Please ensure that you enter all information carefully when placing an order. You warrant to Procon that all information provided by you in relation to each order is complete, true and accurate.

Please check your Order carefully (including the quantities ordered) before submitting it as orders may not be able to be changed or cancelled once the Order has been accepted by Procon. Procon will use reasonable endeavours to cancel or change the order if it has not already been shipped but makes no representation that it will be able to do this.

Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Procon will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by Procon, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge/ International Delivery Charge if applicable) will apply to each Order. Procon cannot consolidate separate Orders into one delivery.

Where you order more than one item in one order, all goods for which your order is accepted at the same time will be dispatched together where practicable. However, in some cases goods may be part supplied as per 9.2 , for example: in order to ensure that you receive each of the goods as promptly as possible.

The internet can be an unstable, and sometimes insecure, marketplace. At times the facility to place orders may not be available, your order might not be received, your order may be lost or misdirected, or your order might be delayed. If is the customer's responsibility to ensure Procon has received the order.

7.1 Order Cancellation

7.1.1 Procon right to cancel an order

Procon reserves the right to cancel, at any time before delivery and for whatever reason, an order that it has previously accepted. Procon may do this for example, but without limitation, where:
• Procon's suppliers are unable to supply Goods that they have previously promised to supply;
• An event beyond Aegis's control, such as storm, fire, flood earthquake, terrorism power failure, war, strike or computer failure, means that Aegis is unable to supply the goods within a reasonable time;
• Goods ordered were subject to an error on the website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;
• You ask Aegis to cancel your Order in accordance with 7.5 Placing Orders; or
• In the circumstatnces set out in section 5.1.4 Additional Delivery Charges

7.1.2 Customer may cancel an order

You may cancel your order where Procon:
• has breached a material term of this Agreement;
• is not able to deliver your order within a reasonable time of the estimated delivery time advertised on the Website or as set out in these Terms and Conditions, other than a result of any delay for which you are wholly or partly responsible for, such as a failure to provide the correct delivery address or to pay for the goods.

7.1.3 Order cancellation notification

Where Procon cancels your order after acceptance, you will receive and email notification of order cancellation.

The Customer must provide written Order Cancellation via email or fax and it is the Customer's responsibility to confirm Order Cancellation.

7.1.4 Order cancellation and Refund of payment

In the event of Procon or you cancelling your order after payment has been processed, section 11.2 Refunds applies. Refunds will be made by us via the method of payment you used to make your on-line purchase. The time it takes for you to actually received a refund will depend on how quickly your financial institution processes the refund.

7.1.5 Order confirmation

We will not accept a request to return and refund purchased goods where you have simply changed your mind, made a wrong selection or have simply found the goods cheaper elsewhere. We recommend you carefully preview any orders before adding them to your shopping cart and confirming your order. Section 11.2 Refunds of these Terms and Conditions sets out further information about refunds.

7.1.6 Liability for Order cancellation

Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, Procon will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

Due to the shelf life and speciality nature of some of our products (ie: gas detection and speciality gases) or the need to custom manufacturer a product to fit/suit the application (ie: harness) some of our products are 'Special Order'.

Once we have received your order and payment confirmation an order will be placed with our Supplier.

Gas Detectors / Speciality gases (ie: short shelf life products) - may take up to 4 weeks to be receipted into our store. You will receive an estimated date of shipping once we have received confirmation from our Supplier.

Customer Manufacturing - for items that require custom manufacturing you will receive an estimated date of shipping once we have received confirmation from our Supplier.

9.1 Damage in transit
The Seller will not in any circumstances accept liability for damage, shortage or loss during transit. This liability is to be passed onto the relevant transport provider

9.2 Part Supply
The Seller may make part deliveries of any order unless agreed to the contrary in writing. Every endeavour will be made by the Seller to complete delivery with the period agreed, if any, but no liability can be accepted by the Seller for delay or non delivery from our supplier. All items back-ordered are firm and shall not be cancelled unless agreed to by the Seller.

9.3 Site Access
The Customer at all times is responsible to ensure suitable access to the delivery site The Customer further indemnifies and saves harmless the Supplier, and or it’s servants or agents against any loss or damage in the event the Customer fails to provide suitable access to the site for delivery, and whilst on site working

9.4 Postal Delivery
Where requested, Procon will deliver to PO Boxes in Australia. If it is not possible to deliver goods to PO Box due to the size of goods, Procon will call you to arrange an alternate delivery address.

9.5 Dispatch Confirmation
For on-line orders, following dispatch of your goods, Procon will email you with a confirmation of dispatch, including consignment note number In-store orders will have a dispatch confirmation emailed with consignment not number upon request

9.6 Delivery Confirmation
On delivery you may be required to sign a proof of delivery document. If you are not available to take to delivery, your goods will be taken to the local depot or post office as per the individual freight company's policies.

9.7 Order Discrepancies are to be notified to Aegis within 48 hours of receiving goods.

9.8 Use of your preferred Freight Company (not valid for online purchases) Use or your preferred freight company is accepted providing the following is provided:
• Freight Company Name
• Freight Company Contact details
• Valid account number for the Freight Company
If required details are not provided we will use our preferred freight company and you will be charged accordingly.

9.9 Free Freight
• Qualifying 'Free Shipping' products are only valid for online purchases within Australia.
• Procon is not responsible to cover return freight costs on change of mind purchases and restocking fees may apply. Refer clause 10.
• All 'Free Shipping' is via standard Australia Post.
• Free delivery offer is subject to change at any time. However, all Orders processed during a free delivery offer period will be processed in accordance with the offer.
• Some items may not qualify for 'Free Shipping' due to weight and or cubic measurements.
• Goods that do not qualify for 'Free Shipping' will be identified on the product page

If you choose to pick up your online order in store, you have the following two options:

"Same Day" - Goods ordered before 3 pm on a business day should be available for pick up in store after 3 pm on the same business day, Goods ordered after 3 pm on a business day should be available for pick up in store on the next business day.

"Next Day" - Goods ordered before 3 pm on a business day should be available for pick up in store the next business day and Goods ordered after 3 pm on a business day should be available for pick up in store the business day after the next business day. (conditions apply)

When picking up Goods in store:

• If requested, you must allow Procon to take a copy of identification for fraud prevention purposes. The copy will not be used by Procon for any other purpose or disclosed to any person outside of Procon;
• Our staff will also check your signature against the signature on any credit/debit/payment card used to purchase the Goods. You must therefore ensure that you bring this card when picking up the Goods;
• Our staff have the right to refuse collection of Goods if you cannot or will not satisfy the requirements set out above. In this event Procon will contact the person who placed the order using the contact details provided.

Conditions for in-store collection:

If goods ordered are not in stock you will be advised upon Procon processing your online order.

11.1 Returns

All returns must be authorised by the Seller in writing.

Returns for credit must be returned within 7 days of receipt of goods.

Goods are to be returned freight pre-paid and a copy of the original invoice.

Return of incorrectly supplied goods at the Seller’s expense will be by the carrier of the Seller’s choice. The Seller will not accept freight charges for goods returned by other means.

Products specially purchased, manufactured, machined or cut to size to the Customer’s specifications are not returnable.

11.2 Refunds

Where we may be required to refund your payment as your order has been rejected, cancelled or for any other reason, we will use our best endeavours to process your refund within a timely manner. Refunds will be made by us via the method of payment you used to make your on-line purchase. The time it takes for you to actually receive a refund will depend on how quickly your financial institutions processes the refund

We will not accept a request to return and refund purchased goods where you have simply changed your mind, made a wrong selection or have simply found the goods cheaper elsewhere. We recommend you carefully preview any orders before adding them to your shopping card and confirming your order.

11.3 Restocking

Returns are subject to a 15-25% restocking fee and will only be accepted if the goods and packaging received in an unused and original condition.

Except as otherwise provided in these conditions the Seller shall not be under any liability in respect to defects in goods delivered or for any injury, damage of loss resulting from such defects or from any work done in correction therewith except to the extent that any stature applicable to these conditions prevents the exclusion, restriction or modification of such conditions or warranties. Notwithstanding any other provisions of the contracts the Seller shall not be liable to the customer for any loss or profit howsoever arising, not shall the Seller be under liability whether in contract, tort, or otherwise nor for any injury, damage or loss whether consequential or otherwise save as is expressly provided in these conditions. The Seller shall not be responsible for damage or fault in performance arising out of incorrect or inappropriate operation of the product by the Customer. The Customer acknowledges that the Seller gives no warranty as to the fitness of the product for the intended application of the Customer and that the Customer has relied entirely upon its own evaluation thereof. The Customer is responsible to ensure that any product is suitable for the purpose they intend using it for.

13.1. Out of Stock

From time to time, some Goods may be out of stock or are unavailable and we may not be able to fulfil all or part of your Order. If this happens, we will refund you the price paid for the Goods impacted.

13.2. Suspension of Sale

We may withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time. We will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of sale of a particular Good.

13.3. Refund

Where a Good which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Good has already been processed, we will refund any money paid to us.

13.4. Incorrect Pricing

Procon reserves the right not to honour any incorrect offers represented on the Website made by genuine human or system error. Where your Order is affected by an error on the Website (for example, in a description, an image, Price or otherwise), we will reject that part of the Order affected by the error. You will be refunded the value of that part of your Order affected by the error, and Procon will fulfil the remainder of your Order. If you are not satisfied with the partial fulfilment of your Order, you can return your Order to us under the Returns Policy.

13.5. Error

If your Order is affected by a genuine error (including in a description, an image or a Price), we reserve the right to cancel your Order and refund any money paid to us.

13.6. Acknowledgement

You acknowledge and agree that:

a. all pictures and images of Goods displayed are for illustrative purposes only;
b. any accessory featured with the Goods is for illustrative purposes only, and may be sold separately; and
c. where we provide dimensions and measurements in the description of a Good, the dimensions may vary slightly in real life, and it is your responsibility to ensure that the actual size of each Good is suitable for your purpose prior to submitting your Order (including whether there is appropriate and safe access to your Delivery Address for delivery of the Good).

From time to time, Procon will offer items at sale prices:
• We do not offer refund or exchange on sale items if you change your mind.
• Normal purchasing conditions apply to online and promotional flyer sales.
• All sale pricing is valid for the promotional period.

15.1 Quotes & Estimates

Quotes - unless the quotation specifies otherwise, it is valid for 30 days and for the full quantity only. The quote/estimate supersedes all previous quotes/estimates. If you wish to change your order or product specifications before delivery a re-quote will be provided. We will be bound to supply you the Goods when Aegis accepts your order (but not before), and you will then be bound to pay for them.

Estimations - an estimate may be sent upon request or where deemed suitable by Aegis for goods and or services. The estimation will not contain fixed pricing and is for informative reasons only either by request of customer and is subject to change at any time.

Prior to the commencement of any inspection/service/repair/calibration of goods left with Aegis it is the standard process for Aegis to quote on the following before work will be carried out:
• parts required;
• repairs required; or
• all works as requested by the customer

Exception is when there are no "surprises" and the standard calibration / inspection is carried out.

Due to Manufacturer or Legislation requirements some items sent to Procon for Inspection / Service / Repair may need to be sent to the Manufacturer or another 3rd Party for the inspection, service and or repair.

Prior to the commencement of any inspection, service and repairs Aegis's standard process is to:
• request a quote for the services
• quote our customer
• authorise inspection/service/repair following our customer's acceptance* of quote

Why is there a rejected quote fee?

The rejected quote fee covers the cost of labour and materials used to determine the inspection, service & repairs required to return the item/s to serviceable condition.

All third party rejected quote costs uncured are to be paid by the customer (ie: owner of the products sent to the third party for repair/service/calibration/inspection)

All third party rejected quote costs are determined by the third party, these costs will include any return freight charges uncured by Aegis

A rejected service quote fee (also known as 'rejected quote fee') will be charged per item by Aegis for inspection/service/calibration work quoted by Aegis and this work is rejected by the client

Please note: Aegis do not have any control over the costs of the rejected quote fee from third parties and we are unable to determine the charges that may be uncured.

Waiver of rejected quote fee?

A waiver of the rejected quote fee is only applicable for any item/s to be inspected/serviced/repaired by Procon only and are at the discretion of Procon on an individual basis.

* acceptance by Purchase Order or Credit Card payment

Links to third party web sites may be provided on the site as a convenience to you. When you use these links you will leave this Procon site. Procon has not reviewed all of the information on other third party sites. Procon is not responsible for any of these sites or their content. Inclusion of links to other sites should not be viewed as an endorsement of the content of those linked sites. To the extent that you disclose Personal Identification or other Personal Information to any linked sites or other third parties, different rules may apply to their use or disclosure of Personally Identifiable Information, and we encourage you to review their privacy policies before disclosing Personally Identifiable Information to them.

All images are for informative purposes only, although we endevour to keep images of our products upto date we take no responsibility for any incorrect images displayed. Some images are displayed in a "In Use" version and will not include any extra items ie: MicroDock II is displayed with gas detectors installed to show application and is for informative purposes only.

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