Terms and Conditions of Sale
Sakkho Terms and Conditions of Sale apply to all sales from Sakkho whether you purchase Sakkho products from our website, an outlet managed by Sakkho or via a Sakkho representative.
1. Terms & Conditions of Sale
2. Reservation of Title
4. Express Limited Warranties
5. Dead-on-Arrival (DOA)
6. Assembly, Maintenance
7. Freight Cost
8. Returns and Refunds
1.1 The following terms have the following meanings in this document unless the context requires otherwise: Sakkho means the operator of Sakkho (A.B.N. 53 054 110 293) and the Sakkho website "www.sakkho.com". Confirmation Notice means a notice from Sakkho or external websites or stores operated by Sakkho confirming to a Purchaser that the Purchaser has successfully placed an order for a Product that has been accepted by Sakkho. Products or Items means the products or Items listed by Sakkho for sale in stores, on the Sakkho Website, "www.sakkho.com" or other websites used by Sakkho to advertised products. Purchaser or Buyer means any person who has placed an order for a Product that is accepted by Sakkho. Serious Damage refers to damage materially affecting the operation or use of a Product for its intended purpose or which renders a Product unsafe when used in accordance with instructions and does not include minor scratches, minor dents, damaged packaging/box or damage occurring after delivery.
1.2 By placing an order for any Products you hereby accept these terms and conditions.
1.3 All orders for Products or Items are considered unconditional offers to purchase. The acceptance of an order by Sakkho creates a legally binding contract between Sakkho and the Purchaser.
1.4 The Purchaser must contact Sakkho within 2 business days of receiving a Final Confirmation Notice to make arrangements to complete the sale.
1.5 All ordered products are payable to Sakkho.
1.6 All payments must be made directly to "Sakkho" and must be paid using methods approved by Sakkho.
1.7 All offers are subject to stock availability.
1.8 Sakkho reserves the right to amend its Terms & Conditions of Sale, policies or discounts offers without prior notification.
1.9 All orders are subject to Sakkho Trading Terms. Once a deposit is paid by the Purchaser, Sakkho Trading Terms are deemed to be accepted by the Purchaser. To find a copy of Sakkho Trading Terms Visit our Download section or click here
2.1 All ownership of, property in and legal title to all tangible property in Products ordered by the Purchaser remains with Sakkho until Sakkho receives full payment for the Products from or on behalf of the Purchaser (Purchased Products).
2.2 In the event that the Purchaser has forfeited payment, the purchaser agrees that Sakkho may lawfully seize and repossess any products which belong to Sakkho.
2.3 The Purchaser will be liable for any fees and charges which arise from such action.
3.1 Unless specifically and expressly agreed between Sakkho and the Purchaser delivery shall strictly remain the responsibility of the Purchaser.
3.2 If it is agreed that delivery of the goods purchased is provided by Sakkho, the Purchaser agrees that delivery time may vary depending on stock availability and with the delivery location specified by the Purchaser. Where Purchased Products are not in stock, Sakkho shall have the right to cancel any order.
3.3 It is the Purchaser responsibility to nominate his/her preferred carrier and arrange for collection and delivery of goods purchased.
3.4 When Sakkho expressly consented to make delivery arrangement on behalf of the Purchaser, Sakkho will use such carriers and such modes of transport to deliver the Purchased Products as Sakkho considers appropriate. This includes any courier company, Post or Sakkho's personal delivery services.
3.5 Unless expressly advertised, all freight charges, insurance costs (transit insurance included) and other costs associated with transporting the Purchased Product to the Purchaser shall be the responsibility of the Purchaser.
3.6 Wrong Products delivered or Products short-delivered to Purchasers must be notified to Sakkho within 72 hours (3 business days) after delivery.
3.7 Sakkho is not responsible or liable for any delays (including any delays caused by Sakkho's suppliers) or failure to effect the delivery of the Purchased Products due to any cause which is unavoidable or beyond Sakkho's reasonable control and which prevents, impairs or adversely affects in any way Sakkho's performance of these terms and conditions, including but not limited to war, fire, flood, natural disaster, strike, labour dispute, act of God, governmental action, civil disturbance, accident or inability to obtain or use materials, labour, equipment, facilities, or transportation. In such case, when required by Law Sakkho shall be afforded a reasonable time in which to arrange for delivery of the Purchased Products, without penalty or liability for breach.
4.1 Unless otherwise specified, all Brand New Products are covered by the warranty of the original manufacturer the terms of which vary from Product to Product and unless otherwise specified, all Second Hand or refurbished Products are sold "as is" excluding any expressed or implied warranty.
4.2 There is no warranty on consumable items expect a reasonable warranty that products must be fit for their purpose.
5.1 Products delivered Dead-on-Arrival refers to a product having sustained Serious Damage during the direct transit from Sakkho premises to the delivery address provided by the Purchaser. Dead-on-Arrival products affecting the operation or use of a Product for its intended purpose or which renders a Product unsafe when used in accordance with instructions and does not include minor scratches, minor dents, damaged packaging/box or damage occurring after delivery.
5.2 Purchasers must notify Sakkho promptly within 72 hours or (3 business days) after delivery of any Products delivered that appear DOA.
5.3 All Purchased Products are deemed to be received in good working condition once the Purchaser accepts delivery.
5.4 Items accepted to be Dead-on-Arrival by Sakkho shall be returned as outlined in clause 8 "Returns & Refunds" below.
6.1.1 The purchaser is solely responsible for any assembly, fitment of any parts, tuning or testing required by a Product before its operation or use.
6.1.2 The costs of testing, tuning, installing or fitment of any parts, is the Purchaser responsibility with the exception of items accepted under warranty by Sakkho and subjected to clause "4.2" above.
6.1.3 The Purchaser should always use the services of an experienced person or qualified installer to carry out any installation, assembly, testing or tuning.
6.1.4 Subjected to clause 10, Sakkho is not directly responsible for improper installation, assembly or damages to goods or parts resulting from correct or incorrect advise received by the Purchaser from a third party.
6.2 Maintenance and service:
6.2.1 The Purchaser or owner are solely responsible for regular and required service and maintenance of Products purchased from Sakkho.
6.2.2. Maintenance and service should always be carried out by an experienced person or qualified person.
6.2.3 Subjected to clause 10, Sakkho is not liable nor responsible for damages to goods or parts resulting from improper maintenance carried out.
7.1 Subject to clause 8, the Purchaser and Sakkho are responsible for Freight or Shipping cost as followed:
7.2 The Purchaser is responsible for:
(a) all shipping costs included but not limited to the initial delivery after purchase;
(b) all transit insurance costs when available and requested;
(c) all shipping costs to return a Product or a Part under warranty included the cost to have the repaired or replaced Product or Part under warranty shipped back to the Purchaser;
(d) all costs to hire a tailgate truck when preferable for delivery of large or heavy Products.
(e) all shipping costs related to a Product returned to Sakkho under false claim as specified in clause "8.1.3".
7.3 Sakkho is responsible for:
(a) all shipping costs associated to return and replace a Product or Part DOA when initially delivered by Sakkho and notified to Sakkho by the Purchaser within the required time.
7.5 Sakkho is not responsible for any import or customs fees that may occur for international transactions. All advertised prices are Ex-Works, FOB, CFR or CIF as agreed.
8.1.1 Subject to clause 10, Sakkho will only accept returns of Products or Parts where upon inspection:
(a) the Product or Part delivered is substantially different from the Product or Part advertised;
(b) the Product or Part is shown to have a major manufacturing defect not covered under the warranties specified in clause "4", or
(c) the Product or the Part has sustained Serious Damages during transit or storage and is DOA when delivery was the responsibility of Sakkho.
8.1.2 Purchaser should receive an authorisation from Sakkho prior returning a Product. An authorization to return a product is valid for a period of 45 days. Sakkho reserves the right to refuse any returns received 45 days after the Authorisation was issued.
8.1.3 Subject to clause 8.2, Returned Products accepted by Sakkho may only be exchanged for another similar Product of equal or greater value.
8.1.4 Returned items must be properly referenced and addressed, must not have any signs of abuse or intentional damage and should be carefully packed and insured for the full purchase value of the goods and shipped via traceable means. Walk-in return/replacement service will be accepted from authorized dealers only.
8.1.5 Where a Product returned by the Purchaser is found to be in good working condition, Sakkho will return the Product to the address provided by the Purchaser and will charge the Purchaser the costs for product inspection conducted, including an administration fees and technician fees incurred during inspection, and related freight costs for returning the Product to the Purchaser.
Fees are as followed:
(a) $15.00 (ten dollars) one time fees - administration fees;
(b) $35.00 (thirty-five dollars) per hour - technician fees with minimum one hour charged;
(c) All freight costs;
(d) Returns may be subject to restocking fees which are variable. For current storage fees, visit the Picking Up Goods section or click here.
(e) Cubic meter is calculated as followed: 1m (Length) x 1m (Width) x 1m (Length) x 250 (Standard rate applicable in warehousing and transport industries).
8.1.6 Depending on the value of the goods, Sakkho reserves the right to legally resell or dispose of, at its discretion, Products returned that are stocked by Sakkho more than 60 days remaining uncollected by the Purchaser.
8.2.1 Sakkho will generally only refund the purchase price if faulty goods can not be repaired or replaced with another similar Product of equal or greater value.
8.2.2 Purchased Products no longer stocked, wrongly advertised or showing manufacturing defects which can not be repaired will be unconditionally reimbursed when an alternate similar Product of equal or higher value can not be supplied.
8.2.3 When a Product to be refunded is in the possession of the Purchaser, this Product will only be refunded after it is returned in accordance with Sakkho's return policy and after inspection of the goods.
8.2.4 While most refund are made within 7 working days after being accepted by Sakkho, those refunds will be made within 30 days after receipt of the returned Product.
8.2.5 Refunds will be made using the same form of payment as the received payment. Sakkho reserves the right to refund the eligible Purchaser via cheque posted to the Purchaser's address or Credit the Purchaser's nominated account.
8.2.6 The period of assessment before acceptance of a claim received via electronic mail may vary from few hours to an indefinite period of time depending on the accuracy of information provided by the Purchaser and cooperation shown in resolving issues and, nature of the claim submitted which may require additional technical or specific information or advice provided by an qualified independent third party contracted by Sakkho to assess the issue.
9.1 The rights given to a Purchaser under clauses 4, 5, 7 and 8 of this agreement are in addition to any rights granted under the Competition and Consumer Act 2010 (Cth) and equivalent applicable legislation of the States and Territories of Australia, which cannot be excluded, limited or restricted or modified. Nothing in these terms excludes, limits, restricts, or modifies those rights, except to the extent that such exclusion, limitation, restriction or modification is lawful. Where such exclusion, limitation, restriction or modification is unlawful, to the extent permitted by such legislation, the liability of Sakkho is limited, at its option, to any one or more of the following:
(a) the replacement of Products or part or the supply of equivalent Products or parts;
(b) the repair of Products or parts;
(c) the payment of the cost of replacing the Products or parts or of acquiring equivalent Products; or Parts (d) the payment of having the Products or Parts repaired or modified.
10.1 This Agreement shall be governed by and construed according to the laws of the State of Victoria, Australia. The parties agree to submit to the non-exclusive jurisdiction of the Victorian courts and any courts from which appeals may be heard.
10.2 Any provision of this Agreement held invalid, unenforceable or illegal for any reason is deemed deleted from this Agreement which shall remain in full force apart from those deleted provisions.