Terms & Conditions

Conditions of Use

  1. This Agreement is made between Newcastle Pro Sound (“we,” or “our”) and you, (“the customer”, “you” or “your”).
  2. By browsing, accessing or using this website or by using any facilities or service made available through it or by transacting through or on it, you are agreeing to be bound by these Terms & Conditions (“Terms”).
  3. The Terms and the Site may periodically change without notice. Amendments will be effective immediately upon posting of the amended terms and conditions on this website. You are responsible for ensuring you are familiar with the latest terms and conditions and any use of the site after such revisions have been posted signifies your consent to the changes.
  4. You represent and warrant that:
    1. You are at least 18 years of age;
    2. You possess the legal right and ability to enter into a legally binding agreement with Newcastle Pro Sound; and
    3. You will use this Website in accordance with these Terms.
  5. You will need to register by creating an account with Newcastle Pro Sound (either by registering directly with us or by allowing Newcastle Pro Sound application to connect through your Facebook or other social media profile) in order to obtain access to certain services, including products. If you choose to create an account with us, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain unique log-in credentials (a user ID and password). Access to Newcastle Pro Sound website and services is not authorised by any other person or entity using your user ID and password and you are responsible for preventing such unauthorised use.
  6. You are solely responsible for the activity that occurs on your account, and you must keep your user ID and password secure. If you suspect or become aware of any unauthorised use of your account or that your user ID and password are no longer secure, you agree to notify us immediately.
  7. Newcastle Pro Sound reserves the right at its discretion to decline to provide you with service at any time, or to amend, alter or terminate the agreement in any way. Newcastle Pro Sound will not be liable to you or a third party in any way.
  8. You agree to indemnify and keep us indemnified from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions or your use of the website in any way.
  9. Newcastle Pro Sound takes steps to ensure that information displayed on this website is accurate and complete, but does not guarantee that information on this website is free from errors or omissions and does not accept liability for any errors or omissions. Newcastle Pro Sound reserves the right to alter information published on this website if we consider it incorrect or misleading.
  10. Newcastle Pro Sound can cancel orders and refund customers money because of pricing errors (or for any reason). 
  11. All of the data on Products and Promotions including but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the party providing the Product or Promotion. You should use discretion while browsing the Internet.
  12. Newcastle Pro Soundproducts, service and all information and materials on this website are provided “as is” and Newcastle Pro Sound does not give any warranties of any kind, whether express or implied. To the maximum extent permitted by law, all representations and warranties (statutory, express or implied) are expressly excluded, including, but not limited to, any implied warranties and fitness for a particular purpose. Newcastle Pro Sound makes no representation or warranty about, and takes no responsibility or liability for, the quality or suitability of any product or service offered on this website.
  13. To the maximum extent permitted by law (and subject to any rights you have under the Australian Consumer Law and the Competition and Consumer Act 2010 (Cth)), Newcastle Pro Soundis not liable under any circumstances (including, but not limited to, negligence) for any direct or indirect loss or damage (including, but not limited to, general, consequential, special or incidental loss or damages, loss of profits or loss of savings) suffered by you or anyone else arising from the direct or indirect use of this website or Newcastle Pro Sound service or from the use of, or inability to use, any product or service bought on this website. If, notwithstanding these terms and conditions, Newcastle Pro Soundis held liable, then Newcastle Pro Sound total liability to you and those claiming through you under any and all causes of action, whether in contract, tort or otherwise, shall not exceed the amount purchased.
  14. You release and discharge and will at all times indemnify, and keep indemnified, Newcastle Pro Sound and its directors, officers, employees, agents and affiliates (“Released Parties”), from and against any loss (including reasonable legal costs and expenses), claims, liabilities or expenses of any kind, incurred or suffered by you or by Newcastle Pro Soundas a result of any claim, demand, suit, action or proceeding by any third party against you or Newcastle Pro Soundthat arises out of or in connection with:
    1. Your use of this website; or
    2. Any violation of these Terms and Conditions or any terms and conditions specified by a Merchant; or
    3. Any activity related to your Account (including infringement of any third parties’ worldwide intellectual property rights or negligent or wrongful conduct)
  15. You acknowledge and agree that the foregoing provision relating to Liability, Release and Indemnification is for the benefit of Newcastle Pro Sound and its affiliates, officers, directors, employees, agents, licensors, suppliers and information providers and each of these individuals or entities has the right to assert and enforce the provision directly against you on its own behalf.
  16. You agree not to access (or attempt to access) any part of the website by any means other than through the interface provided by us.
  17. 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 including but not limited to disabling or otherwise interfering with security-related features of this website.
  18. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
  19. Where this website contains links to third party sites and to resources provided by third parties (together “Other Sites”), those Other Sites are merely linked to provide information only and are solely for your convenience. We have no control over and do not accept and we assume no responsibility for Other Sites or for the content or products or services of Other Sites (including, without limitation, relating to social networking sites such as Facebook) and we accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the website, you do so entirely at your own risk.
  20. Our Privacy Policy explains how we collect, use and disclose information that pertains to your privacy. The Privacy Policy forms part of our agreement with you and is incorporated in this Agreement by reference.
  21. Newcastle Pro Sound reserves the right to request identification (Australian issued drivers license or passport) before the shipment of any goods.


Intellectual Property Rights

  1. All intellectual property rights (including the various rights conferred by statute, common law and equity in and in relation to copyright, patents, trademarks, service marks, trade names and/or designs (including the “look and feel” and other visual or non-literal elements)) (whether registered or unregistered) in:
    1. This website and service,
    2. Information content on this website or accessed as part of the service, 
    3. Any database operated by us and 
    4. All the website design, text and graphics, software, photos, videos, music, sounds, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) are owned by us or licensed to us. You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.
  2. None of the material listed in Clause 1of this intellectual property rights agreement may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may, however, retrieve and display the content of the Website on a computer screen (including any tablet or smartphone device), store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on this website or accessed as part of the service without our permission.\
  3. All rights (including goodwill and, where relevant, trade marks) in Newcastle Pro Sound name are owned by us or licensed to us. Other product and company names mentioned on this website are the trademarks or registered trademarks of third parties.
  4. Title, ownership rights and intellectual property rights in and to the content accessed using the service is the property of the applicable content owner or Merchant and may be protected by applicable copyright or other law. Subject to the limited rights described in Clause 3 of this Intellectual Property Rights Agreement gives you no rights to such content.
  5. The authors of the literary and artistic works in the pages in the Website have asserted their moral rights to be identified as the author of those works.
  6. Any material you transmit, post or submit to us either through this website or otherwise (“Material”) shall be considered (and we may treat it as) non-confidential (subject to our obligations under data protection legislation). You grant us a royalty-free, perpetual, irrevocable, non-exclusive licence to use, copy, modify, adapt, translate, publish and distribute world-wide any Material (other than Ideas).
  7. All comments, suggestions, ideas, notes, drawings or concepts in which intellectual property rights subsist:
    1. disclosed or offered to us by you; or
    2. in response to solicitations by us regarding the service or this website; (in each foregoing case, these are called “Ideas”) shall be deemed to be and shall remain our property and you hereby assign all existing present and future intellectual property rights in Ideas, to us. You must do all things reasonably requested by us to assure further the assignment of such rights. You understand and acknowledge that we have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that we are only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.

 

Conditions of Sale

  1. These Terms and Conditions is governed by and construed in accordance with the laws of New South Wales, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales.
  2. any provision of these Terms and Conditions or portion thereof, is found to be illegal, invalid or unenforceable, that provision will be enforced to the maximum extent permissible by law so as to give effect the intent of the Terms and Conditions, and the remainder of these Terms and Conditions will continue in full force and effect.
  3. These Terms and Conditions and rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by a User. Newcastle Pro Sound may assign its rights and duties under these Terms and Conditions to any party at any time without notice to Users.
  4. Any failure by Newcastle Pro Sound to insist upon or enforce strict performance of any provision of these Terms and Conditions will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision of these Terms and Conditions.
  5. Every quotation is an estimate only and is subject to withdrawal, correction or alternation at any time prior to the seller’s acceptance of the buyers order.
  6. Orders are accepted on the basis that the seller reserves the right to vary the prices payable to the buyer to accord with those ruling of the date of dispatch, except where prior negotiations allows an order on alternative basis, in the event that any order or other document forwarded by the buyer to the seller contains anything inconsistent with these conditions such order or other document. If accepted, is accepted only on the express understanding that these conditions are to prevail in all cases.
  7. Except where the seller fails to deliver the goods set out in an order, on acceptance of the buyers order any deposit paid by the buyer to the seller shall not be refunded without prejudice however to the sellers right to damages on the purchases failure to perform a contact between these parties. Except where the seller has failed to deliver the goods, a cancellation charge will apply.
  8. Prices are subject to buyers order for the whole quantity mentioned in the quotation unless otherwise negotiated.
  9. Whilst every endeavour will be made to effect delivery by the date given, the seller shall not be liable to penalties or damages, (either direct or indirect) for failure to deliver within the time stated due to strikes, accidents, wars, and any other causes beyond the sellers control.
  10. Property in the goods shall not pass until the seller has received payment in full although risk in the goods passes on delivery.
    1. Where the goods have been delivered to the buyer but the seller has not been paid then until payment is received the buyer agrees to keep the goods as fiduciary for the seller to store or otherwise identify the goods in a manner that clearly shows the ownership of the seller and if required to deliver the goods to the seller, in which case the buyer is liable to pay all damages including all or any rental charges associated with the return of the goods.
    2. Without prejudice to any statutory rights available to the buyer, all goods supplied are covered by such warranty as specified by the manufacture and supplied subject to the products standards detailed by the manufacturer.
  11. The buyers attention is drawn to section 68A of the trade practices act, 1974, (“The Act”) which has the effect of enabling suppliers in respect of the contracts for the supply of goods or services not being goods or services of a kind ordinarily acquired for personal, domestic or household consumption to limit their liability in certain circumstances for the breach of certain conditions and warranties implied by the act.
    1. Subject to the qualifications contained in section 68A of the Act should the seller be liable for breach of a condition or warranty implied by Division 2 part V of the Act (not being a condition or Warranty implied by section 68A of the act) the seller’s liability for such breach shall be limited to:In the case of goods, any one of the following as determined by the seller;
      1. The replacement of the goods or the supply of equivalent goods; or
      2. The repair of goods;
      3. The payment of the cost of replacing the good or of acquiring equivalent goods; or
      4. The payment of the costs of having the goods repaired.In the case of services, one of the following as determined by the seller;
        1. The supply of the services again
        2. The payment of the cost of having the services supplied again.
    2. To the full extent permitted by the law, but subject always to the above terms and conditions, warranties and representations not expressly contained herein and hereby expressly negated and excluded.
  12. The buyer will be responsible for immediate examination of the goods after arrival at the place of delivery and the seller shall, except as may otherwise be mandatory by law, not to be liable for any claim to which it would otherwise be liable in respect of damaged goods including goods damaged in course of transit and the buyer shall be deemed to have accepted the goods are of the description, quality and quantity ordered unless particulars of claim are notified to the seller in writing within seven (7) working days after the arrival of the goods at the place of delivery.
  13. Subject to paragraph 8, the seller will not accept return of goods unless the seller authorizes such return.
  14. Sales tax is included in the price unless it is printed on the invoice.
  15. Where the buyer is a corporation, the seller is entitled to charge interest on overdue accounts at the rate of one and one half percent per calendar month calculated from the date thirty (30) days after invoice.
  16. To the full extent permitted by the law the sellers liability for any such breach of contract or for any negligent act or omission is limited to the cost of replacement of goods or supply of equivalent goods and shall not extend to consequential loss, loss of profits or any liability for damage to property or death of or injury to persons howsoever caused.
  17. If the buyer fails to make any payment to the seller by the due date the seller may without notice withhold delivery of any further goods to to the buyer until payment of all monies due to the seller by the buyer on any account has been made in full and the seller may furthermore, at its discretion, treat the buyer as having repudiated any or all subsisting contracts between the seller and the buyer.
  18. Where goods are manufactured to the buyers specifications the buyer indemnifies the seller against any liability to or action by a third party for infringement or alleged infringement of a patent, registered design, trademark or copyright.
  19. The buyer will be responsible for transporting goods for warranty repair to and from the seller’s place of business. Risk of loss or damage to the goods will be at the buyers risk during transit.
  20. Lay-by cancellations will incur a 30% cancellation fee as well as an administration fee of 10% of the total deposit paid.
  21. Stock returned for refund will incur a restocking fee of 22%. Goods must be returned in the original packaging and in a resalable condition.
  22. All bookings require 50% deposit unless negotiated otherwise.
  23. DO NOT VOID YOUR LIFETIME INSTALLATION WARRANTY WITH NEWCASTLE PRO SOUND
    1. Do not modify and/or alter any installation work completed by our technicians unless we have advised otherwise in order to maintain the warranty.