Delivery and Returns Policies

PLEASE NOTE: We Do NOT Ship outside AUSTRALIA!

International Orders will NOT be served.

1. LIABILITY

MITRONICS hereby limits the amount of its liability in the case where the products or services are not of a kind ordinarily acquired for personal, domestic or household use, at MITRONIC’s option, to:

(a) In the case of products, any one or more of the following:the replacement of the products or the supply of equivalent products;the repair of the products;the payment of the cost of replacing the products or of acquiring equivalent products;the payment of the cost of having the products repaired; or

(b) In the case of services:the supplying of the services again; or the payment of the cost of having the services supplied again. Subject to the above, under no circumstances will MITRONICS be liable for any loss or damage to persons or property of any nature as a result, direct or indirect, of any defect, deficiency or discrepancy in products or services sold or supplied by MITRONICS. It is the Customer’s sole responsibility to ensure that the products or services supplied are sufficient and suitable for the purposes of the Customer. The Customer waives any claims, demands, causes of action or recoveries for punitive, exemplary, indirect or consequential damages arising under this Agreement, or otherwise with respect to the sale of goods or services, and completely indemnifies MITRONICS, without limitation, for any lost revenues or profits, consequential or incidental damages, injury to persons or property, business interruption or damage to business reputation, including any tort or statutory causes of action, in relation to the supply to it by MITRONICS of any goods and services, including any liquor related products, which MITRONICS may supply to the customer.

2. DELIVERY

We deliver products using a combination of dedicated MITRONICS employees and or 3rd party transport companies, depending on your location. Delivery costs may be influenced by the size and weight of the product(s) and your location. Delivery costs are calculated in the shopping cart and will be added to the order total before checkout. Orders are generally dispatched within 1 business day.

Delivery times are estimated at between 1 and 3 business days depending on your location.

MITRONICS is not liable for any delay in delivery of products or services ordered or any unavailability of products or services ordered.

MITRONICS reserves the right to charge for delivery of products.

3. ORDERS AND DELIVERY

3.1 The Customer agrees that the Company may, without incurring any liability, refuse to accept any order for goods or services made by the Customer in whole or in part in its absolute discretion.

3.2 Each order placed by the Customer shall be deemed to include a representation that the Customer is solvent and able to pay all of its debts as and when they fall due.

3.3 When any order is placed, the Customer shall inform the Company of any facts which might reasonably be expected to affect any decision to accept the order and/or grant credit. Any failure to do so shall be deemed to create an inequality of bargaining position, the taking of an unfair advantage of the Company and to be unconscionable, misleading and deceptive.

3.4 From the time of placing an order (including forward orders), the Customer is obliged to accept and pay for the goods and services prior to delivery in accordance with the Agreement and a cancellation, or alteration, of the order by the Customer for any reason, or any delay in delivery or cancellation of the order by the Company pursuant to clause 3.6, shall not discharge this obligation to accept the goods or services and make payment.

Alternatively (at the Company’s absolute discretion), where an order is cancelled or altered by the

Customer, or delayed in delivery or cancelled by the Company pursuant to clause 3.6, the Company may agree that the Customer need not accept the relevant goods or services and need not make payment for them PROVIDED that the Customer pays to the Company a restocking fee equal to 20% of the relevant order value.

3.5 Subject to clause 3.6, the Company shall use its reasonable endeavours to ensure that the goods are available within the time frame requested by the Customer, but shall not be liable for any loss or damage caused by any delay. The Customer shall only be entitled to reject the goods by reason of any delay if thedelivery of the goods is delayed by more than 60 days after the agreed delivery date and where the delay is not the result of the Company’s action under clause 3.6.

3.6 In the event that any payment due to the Company by the Customer is overdue then the Company may (without any liability to the Customer) choose to delay delivery of, or cancel an order for,any goods or services that have been ordered by the Customer but not yet delivered to the Customer, despite the fact that the Company has previously accepted the order for these goods or services. The Company shall not be liable to the Customer (whether under this contract, in tort, statute, equity or otherwise whatsoever) for any loss, damage, costs or expense whatsoever (including without limitation, legal costs, any consequential, indirect or special loss, loss of profits or revenue, loss of bargain, additional expense incurred to work around a failure to supply, or loss of opportunity) incurred by the Customer as a result of the Company doing this.

3.7 From time to time the specifications of goods supplied by the Company may be changed by themanufacturer of the goods. The Company will inform the Customer if the specifications of the goods change to a material extent.

3.8 Responsibility for delivery of the goods shall be as agreed by the parties. Risk of loss or damage of goods passes to the Customer upon delivery of the goods.

3.9 If the Company is responsible for delivery of the goods, the Company shall be responsible for any loss or damage to the goods in transit and delivery of the goods shall be deemed to take place upon arrival of the goods at the premises of the Customer.

3.10 If the Customer is responsible for delivery, the Customer is responsible for any loss or damage to the goods in transit and delivery of the goods shall be deemed to take place at the time the goods leave the premises of the Company.

3.11 The Company has the right to deliver goods by instalments. Failure by the Company to deliver any instalment will automatically be deemed to be a back order and will not entitle the Customer to cancel the balance of the order. If the Customer fails to take delivery of any instalment (except as agreed in advance with the Company), the Company may cancel the balance of the order.

3.12 The Company is entitled to charge, and the Customer must pay, the Company’s costs and expenses associated with handling and/or holding any goods in the event of Delayed Delivery and the Company’s costs and expenses of any frustrated delivery. For the purposes of this clause “Delayed Delivery” means where the Customer is not able to take delivery of the goods within 30 days from the date on which the Customer is notified that the goods are ready for collection and “Frustrated Delivery” is where the Company attempts to deliver the goods to the Customer at an agreed place and time and the Customer is unable or unwilling to take delivery of the goods.

4. ACCEPTANCE

The Customer shall inspect the goods upon delivery and shall within 7 days from the date of delivery give written notice to the Company of any matter or thing in which the Customer alleges that the goods are not in accordance with the Agreement. Except where the Customer is a Consumer, if the Customer fails to give such notice, then to the extent permitted by law, the goods shall be deemed to have been accepted by the Customer and the Customer shall pay for the goods in accordance with the Agreement.

5. RISK AND RETENTION OF TITLE

5.1 The Company’s rights under this clause 5 secure:

(a) the Company’s right to receive the price of all goods sold under the Agreement; and

(b) all other amounts owing to the Company under the Agreement or any other agreement.

5.2 All payments received from the Customer must be applied in accordance with section 14(6)(c) of the PPSA.

5.3 Until full payment in cleared funds is received by the Company for all goods supplied by it to the Customer, as well as all other amounts owing to the Company by the Customer under any other contract:

(a) legal title and property in all goods supplied under this contract remain vested in the Company and do not pass to the Customer;

(b) the Customer must not sell the goods except in the ordinary course of the Customer’s business;

(c) in addition to any rights the Company may have under Chapter 4 of the PPSA, the Company may,

without notice, enter any premises where it suspects the goods may be located and remove them without committing a trespass, even though they may have been attached to other goods or land which is not the property of the Company, and for this purpose the Customer irrevocably licenses the Company to enter such premises and also indemnifies the Company from and against all loss suffered or incurred by the Company as a result of exercising its rights under this clause. If there is any inconsistency between the Company’s rights under this clause 5.3(c) and its rights underChapter 4 of the PPSA, this clause 5.3(c) prevails;

(d) the Customer acknowledges and warrants that the Company has a security interest (for the purposes of the PPSA) in the goods and any proceeds until title passes to the Customer inaccordance with this clause 5. The Customer must do anything reasonably required by theCompany to enable the Company to register its security interest with the priority the Companyrequires and to maintain that registration; and

(e) the security interest arising under this clause 5 attaches to the goods when the Customer obtains possession of the goods and the parties confirm that they have not agreed that any security interest rising under this clause 5 attaches at any later time.

5.4 For the purposes of section 275(6) of the PPSA, the parties agree to keep confidential and not disclose any information relating to the Agreement which is information which an interested person could access under section 275(1) of the PPSA.

5.5 The Customer must not do or permit anything to be done that may result in the purchase money security interest granted to the Company ranking in priority behind any other security interest.

5.6 If the Customer orders or otherwise intends to purchase goods or services from the Company through third party finance, the Customer will be responsible for all loss or damage to the goods from the time that the Customer obtains possession of the goods and shall possess the goods as bailee only until full payment incleared funds is received by the Company for all goods supplied by it to the Customer.

6. RETURNS

6.1 Except to the extent otherwise required by law, all returns of goods that are not in breach of the Agreement or a Consumer Guarantee must be approved in writing by the Company (Approved Returns). The Company reserves its absolute discretion to accept or reject requests for return of goods that are not in breach of the Agreement or a Consumer Guarantee. Approved Returns must be freight prepaid. Returns of stocked items that are incorrectly ordered may be accepted within 7 days from date of delivery.

6.2 The Company will credit Approved Returns (Approved Returns will incur a restocking fee of 20%) only if they are in saleable condition (as reasonably determined by the Company) upon return and then only upon conditions acceptable to the Company and at the Customers entire cost and provided the goods are and remain sealed in a manner in which they were delivered and accompanied by documentation showing:

(a) customer name, address and account number;

(b) invoice number; and

(c) the reason for return and copy of approval issued by the Company.

6.3 Approved Returns are at the Customer’s risk as to loss or damage until such time as the goods reach the Company’s place of business.

6.4 No refund for incorrect choice.

6.5 No refund if you change your mind.

7. CLAIMS AND LIMITATION OF LIABILITY

7.1 Our goods usually come with warranties from the manufacturer. The Customer’s rights under these warranties are governed by the specific terms of the warranty. The Company has no liability to the Customer in respect of such warranties.

7.2 Except where the Customer is a Consumer, the Company is not liable for any loss (including special, indirect or consequential loss, loss of profits, loss of business, loss of reputation, loss of goodwill, loss of opportunity arising or loss caused by the negligence of the Company) suffered or incurred by the Customer in connection with any act or omission of the Company.

7.3 In respect of goods supplied under these Terms, subject to clause 7.5, if the Customer is a Consumer the liability of the Company for loss, however caused (including by the negligence of the Company), suffered or incurred by the Customer because of a failure to comply with a Consumer Guarantee is limited to the Company (at its election):

(a) replacing the goods or supplying equivalent goods;

(b) repairing the goods;

(c) paying the cost of replacing the goods or of acquiring equivalent goods; or

(d) paying the cost of having the goods repaired;

7.4 In respect of services supplied under these Terms, subject to clause 7.5, if the Customer is a Consumer the liability of the Company for loss, however caused (including by the negligence of the Company),suffered or incurred by the Customer because of a failure to comply with a Consumer Guarantee is limited to the Company (at its election):

(a) resupply the services; or

(b) paying the cost of having the services re-supplied.

7.5 Clauses 7.3 and 7.4 do not apply if it is not fair or reasonable for the Company to rely on them, if the goods are Consumer Goods, the services are Consumer Services or in relation to Title Guarantees.