Obelisk Systems

Obelisk Systems

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Obelisk Terms and Conditions of Sale

  1. Interpretation
    1. In these Terms:
    2. "Obelisk" means Obelisk Systems Pty Limited.
    3. "Customer" means the purchaser of Goods and Services from Obelisk.
    4. "Goods" means all goods sold and/or delivered by Obelisk to the Customer.
    5. "Services" means any service provided by Obelisk to the customer as described in the product description.
    6. "Terms" means these terms and conditions of sale.
  2. Application
    1. These Terms apply to all contracts for the sale of Goods and Services by Obelisk.
    2. No amendment, alteration, waiver or cancellation of any of these Terms is binding on Obelisk unless confirmed by Obelisk in writing.
    3. The Customer acknowledges that no employee or agent of Obelisk has any right to make any representation, warranty or promise in relation to the Goods or the sale of the Goods other than as contained in these Terms.
  3. Pricing and Payment
  4. Prices are determined at the time of order.
  5. Prices shown are in Australian dollars.
  6. Once your order form has been completed and emailed to sales@starlab.education Obelisk will generate an invoice to be used to make payment by direct deposit.
  7. Obelisk reserves the right to change prices for products displayed on our website at any time.
  8. Payments are to be made to Obelisk as per the relevant invoice or statement.
  9. The balance of the invoice price must be paid in full before delivery.
  10. Licences to the online learning materials are generated by Obelisk Systems at time of payment. Additional licences will be generated upon written request by the purchasing school.
  11. Licences to StarLAB's online learning materials must only be used by staff and students of the Customer (purchasing school).
  12. Delivery
  13. Obelisk reserves the right to deliver the Goods in whole or in instalments, as well as to deliver prior to the date for delivery.
  14. Any failure on the part of Obelisk to deliver instalments within any specified time does not entitle the Customer to repudiate the contract with regard to the balance remaining undelivered.
  15. Products purchased online from Obelisk will only be shipped to addresses within Australia and are subject to foreign export control laws and regulations.
  16. Returns
    1. The rights described in this policy are in addition to the statutory rights to which you may be entitled under the Australian Consumer Law and other applicable Australian consumer protection laws and regulations.
    2. Legal and beneficial ownership of the Goods will pass to the Customer upon receipt of Goods by the Customer, and subject to full payment having been made.
    3. Except where required under the Australian Consumer Law or other applicable consumer protection laws or regulations, the following products are not eligible for return: electronic software downloads, subscriptions to software, subscriptions to online learning materials, entry into events and competitions.
    4. Unless the Customer has inspected the Goods and given written notice to Obelisk within 2 days after collection or delivery that the Goods do not comply with the relevant specifications or descriptions, the Goods are deemed to have been accepted in good order and condition.
    5. Cancellations
    6. No order may be cancelled, modified or deferred without the prior written consent of Obelisk (which is at Obelisk's sole discretion). If consent is given Obelisk may charge a cancellation fee to cover losses with such fee at Obelisk's sole discretion.
  17. Limited Liability
    1. Obelisk is not subject to, and the Customer releases Obelisk from, any liability (including but not limited to consequential loss or damage) because of any delay in delivery or fault or defect in the Goods. The Customer acknowledges that the Obelisk is not:
      1. responsible if the Goods do not comply with any applicable safety standard or similar regulation; and
      2. liable for any claim, damage or demand resulting from such non-compliance.
  18. Warranty
    1. These Terms do not affect the rights, entitlements and remedies conferred by the Competition and Consumer Act 2010 (CCA) and other applicable Australian consumer protection laws and regulations.
    2. This warranty does not apply to any non-Obelisk branded hardware products or software, even if contained in the original packaging.
    3. Obelisk warrants goods against defects in materials and workmanship for a period of one (1) year from date of original purchase when used in accordance with Obelisk's StarLAB Safe Usage Guidelines. Obelisk's guidelines include but are not limited to information contained in technical specifications, user manuals and service communications.
    4. On discovery of any defect in the Goods, the Customer must immediately notify Obelisk in writing of such defect. The Customer must not carry out any remedial work to alleged defective Goods.
    5. This warranty excludes: the normal depletion of consumable parts such as batteries; damage resulting from abuse, modifications, accident, unauthorised repairs or other causes that are not a result of defects in materials and workmanship; damage caused by use with a third party component or product not supplied by Obelisk; damage caused by operating the goods outside of the safe usage guidelines.
    6. If any statutory provisions under the CCA or any other statute apply to the contract between Obelisk and the Customer then, to the extent to which Obelisk is entitled to do so, Obelisk's liability under the statutory provisions is limited, at Obelisk's option, to:
      1. replacement or repair of the Goods, or the supply of equivalent Goods; or
      2. refund the original purchase price.
      3. To the extent permitted by the CCA, the remedies set out above shall be Obelisk's sole liability and the Customer's sole remedy for any breach of warranty and in respect of the supply of Goods and/or Services. Save as expressly provided in these terms and conditions, all implied warranties, terms and conditions concerning the supply of Goods and/or Services are excluded to the fullest extent permitted by law (including, without limitation, the implied terms of satisfactory quality, fitness for purpose and provision of services with reasonable care and skill). The Customer acknowledges that it is responsible for ensuring that the Goods and Services it orders are fit for the purposes for which it intends to use them.
    7. Force Majeure
      Obelisk will not be liable for any breach of contract due to any matter or thing beyond Obelisk's control (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention or public authority, explosion or accident.
    8. Severability
      If any provision contained in these Terms is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.
    9. Governing Law
      These Terms and the Contract shall be governed by the law of New South Wales and the parties submit to the courts of New South Wales in respect of any dispute arising.