Terms and Conditions

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Website

The illustrations, information and specifications presented and referred to in this catalogue are believed to be correct at the time of publication; however, accuracy cannot be absolutely guaranteed. 

Howard Instruments Pty Ltd reserves the right to make changes from time to time without notice or obligation, in the specifications, design, colour or materials, and to change or discontinue models.

Warranty

Howard Instruments Pty Ltd is a certified Regional Partner of Continental Pty Ltd in Australia and follows their Warranty Policy.  

Continental Pty Ltd (VDO) warrants the goods against defects in factory workmanship and materials within the warranty period.

The warranty period for automotive, commercial and marine products shall be 24 months from the date of invoice, subject to the usage limitation of 100,000 Km for goods installed in commercial vehicles.

The warranty period for audio and navigation products shall be 24 months from date of invoice.

The warranty period for repaired items shall be 90 days from the date of invoice.

The customer must notify the point of purchase / distributor of any defect coming within the provisions of this warranty within 30 days of the fault occurring.

A copy of the relevant invoice or the relevant invoice number as proof of the 

date of purchase must be provided with returned goods.

Continental P/L (VDO) liability with respect to this warranty shall be limited at the 

option of Continental P/L (VDO) to repair or replacement of the goods.

This warranty shall not apply to goods which have been opened by a third party.

Contaminated by oil, water or grease, fitted in excessive vibration environments or improperly connected.

Glass and capillary breakages are excluded from the provisions of this warranty.

Save and except for the express warranty set out above and to the maximum extent permitted by law, all conditions and warranties which may at the time be implied by common law, Trade Practices Act, Fair Trading Act, Goods Act or any other state or Federal Act are excluded.

To the extent that these cannot be excluded and where the law permits.

Continental’s liability in respect of any such condition or warranty, shall be limited at the option of Continental P/L (VDO) to repair or replacement of the goods or the supply of equivalent goods or the payment of the costs of the replacing or repairing the goods, or having them replaced or repaired.

Pricing

The prices shown on this web site are subject to change without notice. E&OE.

All prices are shown in Australian Dollars including Goods and Service Tax (GST) which is currently 10% of the price excluding GST.

To determine the price excluding GST the price shown on the website should be divided by 1.10.

Pricing is relevant ONLY to sales within Australia from Howard Instruments Pty Ltd.

Pricing of the same products set in other countries may vary from a direct conversion using exchange rates, due to local issues such as modifications, additions, taxes, duties etc to meet local conditions.

Howard Instruments Pty Ltd sets its own prices. Our dealers may price products differently.

At Howard Instruments Pty Ltd we endeavor to minimize pricing changes, however our pricing is influenced by the performance of the Australian dollar, the prices set by our manufacturers and the cost of maintaining a viable business.

Terms of Use

1. Scope

1.1 Any use of this web site provided by Howard Instruments Pty Ltd and/or its affiliates, is subject to these Terms of Use. These Terms of Use may be amended, modified or replaced by other terms and conditions, e.g. for the purchase of products and services. With log-in, or where a log-in is not required, in accessing or using the Howard Instruments Pty Ltd Web Site these Terms of Use are accepted in their then current version.

2. Services

2.1 This Howard Instruments Pty Ltd Web Site contains specific information and software, as well as - as the case may be - related documentation, for viewing or downloading.

2.2 Howard Instruments Pty Ltd may stop the operation of the Howard Instruments Pty Ltd Web Site in full or in part at any time. Due to the nature of the internet and computer systems, Howard Instruments Pty Ltd cannot accept any liability for the continuous availability of the Howard Instruments Pty Ltd Web Site.

3. Registration, Password

3.1 Some pages of the Howard Instruments Pty Ltd Web Site may be password protected. In the interest of safety and security of the business transactions, only registered Users may access said pages. Howard Instruments Pty Ltd reserves the right to deny registration to any User. Howard Instruments Pty Ltd particularly reserves the right to determine certain sites, which were previously freely accessible, subject to registration. Howard Instruments Pty Ltd is entitled, at any time and without obligation to give reasons, to deny the User the right to access the password-protected area by blocking its User Data (as defined below), in particular if the User

·  uses false data for the purpose of registration;

·  Violates these Terms of Use or neglects its duty of care with regard to User Data;

·  Violates any applicable laws in the access to or use of the Howard Instruments Pty Ltd * Web Site; or

·  did not use the Howard Instruments Pty Ltd Web Site for a longer period.

3.2 For registration the User shall give accurate information and, where such information changes over time, up-date such information (to the extent possible: online) without undue delay. The User shall ensure, that its e-mail address, as supplied to Howard Instruments Pty Ltd, is current at all times and an address at which the User can be contacted.

3.3 Upon registration the User will provide a User Id (email address) and password ("User Data"). Howard Instruments Pty Ltd reserves the right to change the user data and notify the user of the changes using the email address provided by the user.

3.4 The User shall ensure that User Data is not accessible by third parties and is liable for all transactions and other activities carried out under its User Data. At the end of each online session, the User shall log-off from the password protected websites. If and to the extent the User becomes aware that third parties are misusing its User Data the User shall notify Howard Instruments Pty Ltd thereof without undue delay in writing, or, as the case may be, by e-mail.

3.5 After receipt of the notice under paragraph 3.4, Howard Instruments Pty Ltd will deny access to the password-protected area under such User Data. Access by the User will only be possible again upon the User's application to Howard Instruments Pty Ltd or upon new registration.

3.6 The User may at any time request termination of its registration in writing, provided that the deletion will not violate the proper performance of contractual relationships. In such event Howard Instruments Pty Ltd will remove all user data and other stored personally identifiable data of the User as soon as these data is no longer needed.

4. Rights of Use to Information, Software and Documentation

4.1 The use of any information, software and documentation made available on or via this Howard Instruments Pty Ltd Web Site is subject to these Terms of Use or, in case of updating information, software or documentation, subject to the applicable license terms previously agreed to with Howard Instruments Pty Ltd. Separately agreed to license terms shall prevail over these Terms of Use.

4.2 Howard Instruments Pty Ltd grants the User a non-exclusive and non-transferable license, which may not be sublicensed, to use the information, software and documentation made available to the User on or via the Howard Instruments Pty Ltd Web Site to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by Howard Instruments Pty Ltd in making same available.

4.3 Software shall be made available at no expense in object code. There shall be no right for the source code to be made available. This shall not apply to source code related to open source software, which license conditions take priority over these Terms of Use in the case of transfer of open source software and which conditions require the making available of the source code. In such case Howard Instruments Pty Ltd shall make the source code available in return for the payment of costs.

4.4 Information, software and documentation may not be distributed by the User to any third party at any time nor may it be rented or in any other way made available. Unless such is allowed by mandatory law, the User shall not modify the software or documentation nor shall it disassemble, reverse engineer or decompile the soft-ware or separate any part thereof. The User may make one backup copy of the software where necessary to secure further use in accordance with these Terms of Use.

4.5 The information, software and documentation are protected by copyright laws as well as international copyright treaties as well as other laws and conventions related to intellectual property. The User shall observe such laws and in particular shall not modify, conceal or remove any alphanumeric code, marks or copyright notices neither from the information nor from the software or documentation, or any copies thereof.

5. Intellectual Property

5.1 Notwithstanding the particular provisions in § 4 of these Terms of Use, information, brand names and other contents of the Howard Instruments Pty Ltd Web Site may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of Howard Instruments Pty Ltd:

5.2 Except for the rights of use and other rights expressly granted herein, no other rights are granted to the User nor shall any obligation be implied requiring the grant of further rights. Any and all patent rights and licenses are expressly excluded.

6. Duties of the User

6.1 In accessing or using the Howard Instruments Pty Ltd Web Site the User shall not

·  harm other persons, in particular minors, or infringe their personal rights;

·  breach public morality in its manner of use;

·  violate any intellectual property right or any other proprietary right;

·  upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data;

·  transmit, store or upload hyperlinks or contents to which the User is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful; or

·  distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses, defects or similar material and the User shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity.

6.2 Howard Instruments Pty Ltd may deny access to the Howard Instruments Pty Ltd Web Site at any time, in particular if the User breaches any obligation arising from these Terms of Use.

7. Hyperlinks

The Howard Instruments Pty Ltd Web Site may contain hyperlinks to the web pages of third parties. Howard Instruments Pty Ltd shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as Howard Instruments Pty Ltd does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the User.

8. Liability for defects of title or quality

8.1 Insofar as any information, software or documentation is made available at no cost, any liability for defects as to quality or title of the information, software and documentation especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are excluded except for cases involving willful misconduct or fraud.

8.2 The information on the Howard Instruments Pty Ltd Web Site may contain specifications or general descriptions related to the technical possibilities of individual products which may not be available in certain cases (e.g. due to product changes). The required performance of the product shall therefore be mutually agreed in each case at the time of purchase.

9. Other Liability, Viruses

9.1 The liability of Howard Instruments Pty Ltd for defects in relation to quality and title shall be determined in accordance with the provisions of § 8 of these Terms of Use. Any further liability of Howard Instruments Pty Ltd is excluded unless required by law, e.g. under the Act on Product Liability or in cases of willful misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations. The damages in case of breach of fundamental contractual obligations is limited to the contract-typical, foreseeable damage if there is no willful misconduct or gross negligence.

9.2 Although Howard Instruments Pty Ltd makes every endeavor to keep the Howard Instruments Pty Ltd Web Site free from viruses, Howard Instruments Pty Ltd cannot make any guarantee that it is virus-free. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation.

9.3 §§ 9.1 and 9.2 do not intend nor imply any changes to the burden of proof to the User's disadvantage.

10. Export Controls

10.1 The export of certain information, software and documentation may, e.g. due to its nature or intended use or final destination, be subject to authorization. The User shall strictly conform with the export regulations for in-formation, software and documentation, in particular with those of the EU as well as the individual EU member states and the USA. 10.2 The User shall particularly check and verify that

·  the information, software and documentation shall not be used for any purpose related to armaments, nuclear technology or weapons;

·  no undertaking or person listed in the U.S. Denied Persons List (DPL) shall receive commodities, soft-ware or technology of U.S. origin;

·  no undertaking or person named in the U.S. Warning List, U.S. Entity List or U.S. Specially Designated National List shall receive items of U.S. origin without a license; and

·  no undertaking or person named in the Specially Designated Terrorists List, Foreign Terrorist Organizations List, Specially Designated Global Terrorists List or in the Terrorists List of the EU shall receive goods;

·  no military consignees shall be supplied;

·  the early warning instructions of the respective Australian authorities shall be observed. Access to software, documentation and information on the Howard Instruments Pty Ltd Web Site shall only take place if such conforms with the above checks and guarantees. Where the User does not comply with the above, Howard Instruments Pty Ltd shall not be obliged to perform.

10.3 Upon request Howard Instruments Pty Ltd shall inform the User of the relevant contact points for further information.

11. Data Privacy Protection

For collection, use and processing of personally identifiable data of the User of the Howard Instruments Pty Ltd Web Site, Howard Instruments Pty Ltd shall comply with applicable laws on data privacy protection and the Howard Instruments Pty Ltd Web Site Data Protection Privacy Policy, which is available at the bottom of the home page via hyperlink on www.howardinstruments.com.au

12. Supplementary Agreements, Place of Jurisdiction, Applicable Law

12.1 Any supplementary agreement requires the written form.

12.2 The place of jurisdiction shall be Victoria if the User is a merchant in terms of the Trade Practices Act.

12.3 The individual pages of the Howard Instruments Pty Ltd Web Site are operated and administered by Howard Instruments Pty Ltd and/or its affiliates. The pages comply with the law applicable in the country where the responsible company has its business residence. Howard Instruments Pty Ltd makes no representation that information, software and/or documentation on the Howard Instruments Pty Ltd Web Site are appropriate or available for viewing or downloading at locations outside such country. If Users access Howard Instruments Pty Ltd Web Site from outside such country, they are exclusively responsible for compliance with all applicable local laws. Access to Howard Instruments Pty Ltd Web Site's information, software and/or documentation from countries where such content is unlawful is prohibited. In this case and where User seeks to do business with Howard Instruments Pty Ltd, the User should contact the Howard Instruments Pty Ltd representative for the particular country for country specific business.

12.4 These Terms of Use shall be governed by - and all disputes relating to or in connection with these Terms of Use or their subject matter shall be resolved in accordance with - the laws of Australia.