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1. UNAUTHORIZED USE

Electron Hobbies products are not authorized for use in:

  • safety-critical applications or
  • property protection applications
  • any use where a failure of the Electron Hobbies product would reasonably be expected to cause personal injury, death, loss of or damage to property.
  • any illegal activity

Electron Hobbies products are neither designed nor intended for use in military or aerospace applications or environments and for automotive applications or environments.

Customer acknowledges and agrees that any such use of Electron Hobbies products is solely at the customer's risk and that customer is solely responsible for compliance with all legal and regulatory requirements in connection with such use.

2. WARRANTIES

For purchasers in Australia, you have rights under law as a consumer. In no way does Electron Hobbies intend to change or limit those rights. It can't and no company or organisation can. You cannot sign those rights away. So where any of those rights become better than the warranties expressed here your rights will be upheld. You can find out more about those rights at: http://www.accc.gov.au/content/index.phtml/tag/ForConsumers/

2.1 LIMITED WARRANTY

Electron Hobbies warrants that its products will conform to the specifications. This limited warranty lasts for forty five (45) days from the date of the sale or where delivered with signature, date of delivery.

Electron Hobbies shall not be liable for any defects that are caused by neglect, misuse or mistreatment by the customer, including improper installation or testing, or for any products that have been altered or modified in any way by a customer. Electron Hobbies shall not be liable for any defects that result from customer's design, specifications or instructions for such products.

Testing and other quality control techniques are used to the extent Electron Hobbies deems necessary.

2.2 EXCLUSIVE REMEDY

To the maximum extent permitted by applicable law, if any Electron Hobbies products fail to conform to the warranty set forth above, Electron Hobbies' sole liability and customer or user's exclusive remedy shall be to have such products repaired, replaced or refunded.

Electron Hobbies' liability shall be limited to products that are determined by Electron Hobbies not to conform to such warranty.

If Electron Hobbies elects to replace such products, Electron Hobbies shall have a reasonable time to deliver replacements. Replaced products shall be warranted for a new limited warranty period. To get replacements contact Electron Hobbies directly.

2.3 DISCLAIMER OF WARRANTIES

Except for the above limited warranty, Electron Hobbies and/or its respective manufacturers and distributors to the maximum extent permitted by law make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on its web site for any purpose. Except for the above limited warranty, all such information, software, products, services and related graphics are provided "as is" "with all faults," and without warranty of any kind, whether express, contractual, or statutory.

Except for the above limited warranty, Electron Hobbies and/or its respective manufacturers and distributors hereby disclaim to the maximum extent permitted by law all warranties and conditions with regard to proposal, specification, sample, information, software, products, services and related graphics, including, but not limited, all implied warranties and conditions of merchantability, fitness for a particular purpose, title, lack of virus, accuracy or completeness of response, quiet enjoyment, quiet possession, correspondence to description and liability for infringement of any proprietary rights, relating to use of information in any documents and files and software and no license, express or implied, by Electron Hobbies, or otherwise, to any intellectual property rights is granted herein.

Electron Hobbies assumes no responsibility or liability for any errors or inaccuracies that may appear in any documentation or files or any software that may be provided. The information in any documents or files is furnished for informational use only, is subject to change without notice, and should not be construed as a commitment by Electron Hobbies, and associated manufacturers and distributors.

The entire risk arising out of use or performance of the product and any support services remains with you.

The reasonable expected life of the items supplied by Electron Hobbies is one year.

The above limitations may not apply to you, however any warranty, whether express, contractual, or statutory, imposed by applicable law shall be limited to the reasonable expected life of the item/s which is one (1) year from the date of sale.

2.4 LIMITED SUPPORT SERVICES

Customer agrees that prior to using any systems that include Electron Hobbies products, customer will test such systems and the functionality of the products as used in such systems.

Electron Hobbies may provide limited technical, applications or design advice, quality characterization, reliability data or other services. Customer acknowledges and agrees that providing these limited services shall not expand or otherwise alter Electron Hobbies’ limited warranties, as set forth above, and no additional obligations or liabilities shall arise from Electron Hobbies providing such services.

3. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES

To the maximum extent permitted by applicable law, in no event shall Electron Hobbies or its manufacturers and distributors be liable to the customer or any third parties for any special, collateral, indirect, punitive, incidental, consequential or exemplary damages whatsoever (including, but not limited to, damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care), negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the products or the support services, or the provision of or failure to provide support services, or otherwise under or in connection with any provision of the agreement, regardless of whether Electron Hobbies has been advised of the possibility of such damages.

This section will survive the termination of the warranty period.

4. LIMITATION OF LIABILITY AND REMEDIES

Notwithstanding any damages and expenses, including attorney's fees, that the user might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability for any claim of Electron Hobbies and any of its manufacturers and distributors, directors, officers and employees, whether in contract, tort, or any other theory of liability, arising out of or in any way related to the delivery of the product, use of or inability to use the products or the limited support services, or the provision of or failure to provide limited support services, or otherwise under or in connection with any provision of the agreement, shall be limited to the exclusive remedy for all of the foregoing consisting of replacement of the product or the greater of the amount actually paid by the user for the products or AU$5.00.

The foregoing limitations, exclusions, and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

5. COMPLIANCE WITH LAWS

Customer acknowledges and agrees that it is solely responsible for compliance with all legal, regulatory and safety-related requirements concerning its products and any use of Electron Hobbies products in customer's applications, notwithstanding any applications-related information or limited support that may be provided by Electron Hobbies.

6. INDEMNIFICATION

The customer acknowledges and agrees to defend, indemnify and hold harmless Electron Hobbies and its manufacturers and distributors from and against any and all third-party losses, damages, liabilities and expenses it incurs to the extent directly caused by: (i) an actual breach by a customer of the representation and warranties made under this terms and conditions or (ii) the gross negligence or wilful misconduct of the customer.

7. CHANGES TO SPECIFICATIONS

Electron Hobbies may make changes to specifications and product descriptions at any time, without notice. The customer must not rely on the absence or characteristics of any features or instructions marked "reserved" or "undefined". Electron Hobbies reserves these for future definition and shall have no responsibility whatsoever for conflicts or incompatibilities arising from future changes to them. The product information on the web site or materials is subject to change without notice. Do not finalize a design with this information.

8. Taxes and duties

Australia

The Australian Government requires the collection of a 10% Goods and Services Tax (GST) by companies with an annual turnover of $75,000 or more. When shipping is to an Australian address, we will apply the GST at time of checkout.

Outside Australia

Your country may have import duties or other taxes that must be paid on incoming goods. Any such taxes are your responsibility to pay.

9. Backorders (out of stock orders)

Backorders are accepted on most items. When you place an order where the whole or part of the order has a backorder component, we will find out how long it takes to get to us from our supplier and notify you an estimated date that we will ship. At this point, you will have one of the four options:

  • Have us hold the in stock items until all items have arrived and we ship in a single shipment
  • Ship the products in stock and pay for a second shipping charge for the backorder items with us shipping when they arrive
  • Cancel the backorder component of your order and we’ll ship the items in stock only
  • Cancel the whole order

Once you notify us of your choice, the order can no longer be cancelled.

Do note that any ETA’s on shipping dates are estimates and Electron Hobbies cannot be held responsible for delays as we rely on third parties to get the items to us. As soon as we become aware of a delay, we will let you know via email.


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