Return and Warranty Terms
Items purchased from 4D Controls Pty Ltd may not be covered by the manufacturer’s warranty because 4D Controls is not an “authorized” dealer of the merchandise. However, the item is covered by 4D Controls 2-Year Warranty, the terms of which are set forth below.
1. Return Policy
1.1 Definitions of Product Conditions
(a) 4D Controls Factory New (4DNEW)— The product is unopened in its original factory packaging.
(b) 4D Controls New Surplus Sealed (NSS)— The product is unopened in its original factory packaging.
(c) 4D Controls New Surplus Open (NSO)—The product may be opened in its original factory packaging. However, products in this category may be part of an older series, style, weathered, or discoloured.
(d) 4D Controls New No Box (NNB)—The product has not been put into service, but is repackaged in 4D Controls custom shipping containers. NNB may not include manual(s) or other accessories normally supplied when buying 4DNEW, NSS or NSO. Products in this category may be part of an older series, style, weathered, or discoloured.
(e) 4D Controls USED Surplus (UPP)—The product has been used previously and has undergone testing and repair to ensure functionality. Surplus may not include manual(s) or other accessories normally supplied when buying 4DNEW, NSS or NSO. Products in this category may be part of an older series, style, weathered, or discoloured.
1.2 Non-Warranty Returns
(a) If Customer is dissatisfied with any NSO, NNB, or UPP product purchased from 4D Controls, Customer may return the product within thirty (30) calendar days of the invoice date. A 30% restocking fee will apply to all non-warranty returns. 4D Controls does not accept returns of NSO, NNB, or UPP product based on the date manufactured or the cosmetic condition of product or packaging. Refunds of NSO, NNB, or UPP product will be issued only upon receipt and testing.
(b) All 4DNEW, NSS, NNB and NSO products sold by 4D Controls are subject to the terms of any and all original suppliers return policies that may apply. The ability to return 4DNEW and NSS items will vary depending on the supplier. Some suppliers consider items to be non-cancellable/non-returnable after the purchase order is placed, yet others may allow returns with an applicable restock charge. Please ask 4D Controls sales representative at the time of the order if concerned about the return ability of the item. 4D Controls will attempt to accommodate any cancellations or returns, but any charges will be incurred by the customer.
(c) Non-warranty returns will only be accepted within thirty (30) calendar days of the invoice date. If the customer needs to make a non-warranty return claim please contact 4D Controls at sales@4dcontrols.com.au or call 1300 731 156 (Australia) or +61 2 4016 0268 (international); for an RRN number prior to any return.
(d) All items must be returned in purchased condition and accompanied by an RRN number.
2. Surplus Warranty Return Policy
Surplus items purchased from 4D Controls may not be covered by the manufacturer’s warranty because 4D Controls is not an “authorized” dealer of the surplus merchandise. However, the item is covered by 4D Controls 2-Year Warranty, the terms of which are set forth below.
2.1 4D Controls warrants that the good(s) sold pursuant to a particular order (“Goods”) shall be free from defects in materials and workmanship for a period of two (2) years from the date the customer is invoiced for the Goods (“the Warranty Period”). The foregoing warranty shall only be applicable to Goods stored, installed, handled, operated, or otherwise used under normal conditions.
2.2 All warranties issued are provided by 4D Controls, not the manufacturer. All warranties issued herein are non-transferable without 4D Controls prior written consent.
2.3 If, during the Warranty Period, a customer wishes to make a claim under Section 2.1 (“Warranty Claim”), the customer shall provide notice using the following methods:
(a) Email: sales@4dcontrols.com.au ;
(b) Phone: 1300 731 156 (Australia) or +61 2 4016 0268 (international);
2.4 Upon receipt of a Warranty Claim, 4D Controls will issue a Return Request Number (“RRN”). 4D Controls will not accept any Warranty Claim without a valid RRN.
2.5 Freight and rush fees for Goods returned under Warranty Claims shall remain the responsibility of the customer.
2.6 4D Controls obligation shall be limited to the repair or replacement, in 4D Controls sole discretion, of any such Good (or part/component thereof as 4D Controls determines) free of charge to the customer. If 4D Controls determines that the Good cannot be repaired or replaced, 4D Controls shall credit the customer’s account in an amount equal to the sum the customer paid for it.
2.7 Any warranty claim must be received before the end of the Warranty Period, together with return of the Good within this same period, and must include 4D Controls RRN number.
2.8 This warranty is given in lieu of any other warranties, either express or implied, including that 4D Controls disclaims any warranty of merchantability, fitness for a particular purpose and/or non-infringement. In no event shall 4D Controls be liable for any damages except actual damages up to, but not exceeding, the amount customer paid to 4D Controls for the particular equipment. Further, 4D Controls shall not be liable for any special damages including consequential damages, incidental damages, lost profits, or lost revenue.
3. Repaired Products:
Items repaired by 4D Controls may not be covered by the manufacturer’s repair warranty because 4D Controls is not an affiliated service centre with any manufacturer. However, the item is covered by 4D Controls 2-Year Warranty, the terms of which are set forth below.
3.1 4D Controls warrants that the components repaired pursuant to a particular repair order (“Repaired Goods”) shall be free from defects in materials and workmanship for a period of two (2) years from the date the customer is invoiced for the Repaired Goods (“the Warranty Period”). The foregoing warranty shall only be applicable to Repaired Goods stored, installed, handled, operated, or otherwise used under normal conditions.
3.2 All warranties issued are provided by 4D Controls, not the manufacturer. All warranties issued herein are non-transferable without 4D Controls prior written consent.
3.3 If during the Warranty Period, a customer wishes to make a claim under Section 3.1 (“Warranty Claim”), the customer shall provide notice using the following methods:
(a) sales@4dcontrols.com.au ;
(b) Phone: 1300 731 156 (Australia) or +61 2 4016 0268 (international);
3.4 Upon receipt of a Warranty Claim, 4D Controls will issue a Return Request Number (“RRN”). 4D Controls will not accept any Warranty Claim without a valid RRN.
3.5 Freight and rush fees for goods returned under Warranty Claims shall remain the responsibility of the customer.
3.6 4D Controls obligation shall be limited to the repair or replacement, in 4D Controls sole discretion, of any such Repaired Good (or part/component thereof as 4D Controls determines) free of charge to our customer. If 4D Controls determines that the Repaired Good cannot be repaired or replaced, 4D Controls shall credit the customer’s account in an amount equal to the sum paid for the Services.
3.7 Any warranty claim must be received before the end of the Warranty Period, together with return of the Good within this same period, and must include 4D Controls RRN number.
3.8 This repair warranty does not apply to goods repaired pursuant to a Warranty Claim authorized by Section 2 or 4.
3.9 This warranty is given in lieu of any other warranties, either express or implied, including that 4D Controls disclaims any warranty of merchantability, fitness for a particular purpose and/or non-infringement. In no event shall 4D Controls be liable for any damages except actual damages up to, but not exceeding, the amount paid to 4D Controls for the Repaired Good. Further, 4D Controls shall not be liable for any special damages including consequential damages, incidental damages, lost profits, or lost revenue.
4. 4DNEW and NSS Warranty Returns
4DNEW and NSS items may not be covered by the manufacturer’s warranty because 4D Controls is not an “authorized” dealer of the merchandise. However, the item is covered by 4D Controls 2-Year Warranty, the terms of which are set forth below.
4.1 4D Controls Pty Ltd (“4D Controls”) warrants that the good(s) sold pursuant to a particular order (“Goods”) shall be free from defects in materials and workmanship for a period of two (2) years from the date the customer is invoiced for the Goods (“the Warranty Period”). The foregoing warranty shall only be applicable to Goods stored, installed, handled, operated, or otherwise used under normal conditions.
4.2 All warranties issued are provided by 4D Controls, not the manufacturer. All warranties issued herein are non-transferable without 4D Controls prior written consent.
4.3 If during the Warranty Period, a customer wishes to make a claim under Section 4.1 (“Warranty Claim”), the customer shall provide notice using the following methods:
(a) Email: sales@4dcontrols.com.au ;
(b) Phone: 1300 731 156 (Australia) or +61 2 4016 0268 (international);
4.4 Upon receipt of a Warranty Claim, 4D Controls will issue a Return Request Number (“RRN”). 4D Controls will not accept any Warranty Claim without a valid RRN.
4.5 Freight and rush fees for goods returned under Warranty Claims shall remain the responsibility of the customer.
4.6 4D Controls obligation shall be limited to the repair or replacement, in 4D Controls sole discretion, of any such Good (or part/component thereof as 4D Controls determines) free of charge to the customer. If 4D Controls determines that the Good cannot be repaired or replaced, 4D Controls shall credit the customer’s account in an amount equal to the sum paid for it.
4.7 Any warranty claim must be received before the end of the Warranty Period, together with return of the Good within this same period, and must include 4D Controls RRN number.
4.8 This warranty is given in lieu of any other warranties, either express or implied, including that 4D Controls disclaims any warranty of merchantability, fitness for a particular purpose and/or non-infringement. In no event shall 4D Controls be liable for any damages except actual damages up to, but not exceeding, the amount paid to 4D Controls for the Good. Further, 4D Controls shall not be liable for any special damages including consequential damages, incidental damages, lost profits, or lost revenue.
4.9 In limited instances (and without creating any agency or affiliation between the manufacturer and 4D Controls), 4D Controls may be able to assign or arrange for the transfer of the factory warranty. In such instances, 4D Controls will make reasonable arrangements for the processing of a warranty through the manufacturer. 4D Controls will honor its one-year warranty in the event that the manufacturer provides a shorter warranty.
5. Other Terms:
5.1 All sales and services are presumed to have taken place in Rutherford, NSW and those above-described warranties provided by 4D Controls Pty Ltd. shall be construed under Australian law, without regard to conflict of law provisions. Venue for any dispute arising hereunder shall be in that State or Federal Court nearest to the main office of 4D Controls Pty Ltd. The parties hereby agree to personal jurisdiction over them in such Courts.
5.2 Customer warrants that it is and shall remain in full compliance with any applicable Australian, State and/or local regulations controlling the sale and delivery of goods for export and is and shall remain solely responsible therefore. The terms set forth herein constitute the entire agreement regarding this transaction, except for product and/or service description and pricing, and subject only to our credit agreement (if any) with Customer, our invoice and our separate order confirmation.
5.3 In the event any part of these terms is deemed unenforceable by a court having jurisdiction there over, such unenforceable term(s) shall be modified to make them as enforceable as possible, and the rest of these terms shall not be affected. Any contrary terms offered by the Customer are not a part of this transaction. Customer shall defend, indemnify and hold 4D Controls Pty Ltd and its agents harmless from any breach by it of these terms or any misuse or abuse by it of any item sold and/or serviced hereby.
5.4 The goods sold hereunder shall be at the risk of the Customer upon delivery by 4D Controls to the carrier F.O.B. shipping point. Title to the goods sold hereunder shall remain in Seller until payment in full by Buyer.
5.5 4D Controls shall not be responsible for delays caused by manufacturing plants, transportation, strikes, fires, floods, storms, war, insurrections, riot, any governmental regulation, order, act or instruction, or any other circumstances beyond its control, and Customer hereby waives any claims relating to same.
5.6 Should any part of this transaction contravene Australian Export laws, this transaction shall be immediately void and unenforceable.
5.7 No amendment to, rescission, termination, cancellation or discharge of this Agreement is effective unless it is in writing and signed by each party to this Agreement. Neither party may assign any of its rights under this Agreement without the prior written consent of the other party. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Any waiver authorized on one occasion is effective only in that instance and only for the purpose stated, and does not operate as a waiver on any future occasion. Any failure or delay in exercising any right, remedy, power or privilege or in enforcing any condition under this Agreement; or any act, omission or course of dealing between the parties does not constitute a waiver or estoppel of any right, remedy, power, privilege or condition arising from this Agreement.