Terms and Conditions

Last updated: 26/02/2020

Map Gear Pty Ltd (ABN 21 631 716 446) («Map Gear») is an authorised Australian supplier of survey and mapping products and accessories («Products») through our online store mapgear.com.au («Website»). Map Gear also provides Technical Support Services («Support») associated with the Products sold.

These Terms and Conditions govern the purchase of Products and/or Support, and form a legally binding agreement between Map Gear and You («Purchaser», «Customer», «Buyer»). You acknowledge that these terms and conditions apply to your purchase of Products and/or request of Support. By purchasing Products and/or requesting Support, you acknowledge that you have read and understood, and agree to be bound by, these terms and conditions.

General Information

  • Map Gear sells survey and mapping products and accessories, sourced from various other manufacturers;
  • For the safety of the operator, bystanders and the equipment, the Purchaser agrees to read and understand the technologies and safety regulations prior to operation of the systems purchased from Map Gear;
  • The Purchaser also agrees to seek further information and assistance as needed prior to use;
  • Any Purchaser acknowledges and understands that by entering into a contract with Map Gear, you are agreeing that the main place of business and transaction is in Queensland, Australia. The courts of Queensland have exclusive jurisdiction to determine any dispute arising under or in connection with this Agreement.

Warranties

  • If the purchased device doesn’t work properly, please contact contact us first. We will help you with troubleshooting and will arrange a replacement if needed.
  • All products covered under warranty are done so based on what the manufacturer and/or Map Gear consider to be reasonable time frames, dependent on the nature and context of the product:
    • 12 months for the Emlid Edge, Emlid Reach RS+ RTK GNSS Receiver, and Reach RS2 RTK GNSS Receiver;
    • 60 days for all other products, including the remaining products in the Emlid’s catalogue.
  • Where a customer is submitting an item to Map Gear after warranty approval, they agree that Map Gear will not be held liable for items lost in transit with postage carriers, items damaged in transit, loss of work or opportunity, or any other;
  • When returning equipment to Map Gear for warranty, please return only the items supplied in the original boxes. Map Gear does not accept responsibility for third party items which are lost, stolen or damaged during the warranty submission process. Map Gear can submit warranty claims to the corresponding manufacturer as they are received in our store, and the box may not be opened and inspected before forwarding to the manufacturer for repair;
  • The Customer understands that, due to the technical nature of the Product and to guarantee Product Safety and integrity, any warranty assessment must be done by, and authorised by, either Map Gear or the manufacturer;
  • The Customer agrees that where warranty claims are not approved by the manufacturer, they will not hold Map Gear liable for compensation or other;
  • Product warranty claims and/or returns shall be void where the customer has tampered with the Product, attempted to repair the Product, or if the customer installs or modifies any parts/pieces of the Product;
  • Map Gear’s warranty policy will be aligned with and guided by that of the manufacturer with respect to any of that manufacturer’s products / components;
  • Map Gear provides no guarantee on turnaround times for warranty claims, as this process might be managed by overseas manufacturers.

Technical Support

Map Gear will, at its discretion, offer online support services (email and chat) for general questions and minor issues. Specialised consultancy, particularly on how to configure and use the Products on specific applications, is an optional service and is charged at and additional fee ($180/hour excluding GST).

Liability

  • Map Gear assumes no liability for damage or injury associated with the improper use of the systems sold;
  • Map Gear does not guarantee error-free behaviour of the hardware, electronics or software. Like any electronic device, there is the potential for malfunction, glitch or error which the user must be aware of. If any product failure were to occur, the customer still maintains all rights under manufacturer’s warranty and Australian consumer law. If the customer disagrees with the assessment of the manufacturer, they are entitled to challenge it under Australian Consumer Law, which is usually via the small claims court in their State. In order to dispute the assessment of the manufacturer and or Map Gear, the customer will be required to submit detailed and factual evidence to support their own dispute. In such a case, Map Gear will also be presenting evidence of their own and that of the manufacturer;
  • Despite careful preparation and review, Map Gear does not assume any warranty or liability (direct or indirect) for the accuracy of the software, hardware or information once the product has been built, configured, tested and handed over to the customer;
  • In all cases in which Map Gear is obliged to pay damages, these shall never be higher than, at Map Gear’s option, either the invoice value of the Products delivered whereby or in connection with which the damage was actually caused or, if the damage is covered by an insurance policy, the amount that is actually paid out by the insurer with respect thereto;
  • Map Gear does not, under any circumstance, assume to enter into contracts with Customers regarding delivery of Products within a specific time frame. Any urgent requests for delivery will be accommodated where possible, but Map Gear will not be held liable for loss of income, favour or other, where the Products are not delivered to the Customer within the requested time frame;
  • Map Gear will not be held liable in any way where Customers are purchasing Products with an urgent requirement. If the Customer chooses to proceed with a purchase it is wholly their liability to as to the assumption of risk for delivery;
  • Where Map Gear advises time frames for delivery, these are indicative time frames only and can be affected by numerous factors. Map Gear will not be held liable for loss of income, favour or other related to late delivery of Products;
  • Map Gear is not liable for loss, or damages for loss of/inability to work, due to non-delivery, or non-function of Products;
  • The Purchaser is responsible for ensuring the product is used in compliance with local laws, and that at no point during the use there is the potential for risk to persons and/or property. Any persons injured, or any property damaged, by use of this product is the sole responsibility of the Purchaser. The Purchaser is also responsible for determining the suitability of the product for his or her intended use;
  • The Purchaser assumes liability for improper use of this product.

Orders and Payments

  • The Products may be ordered by following the instructions on the Map Gear Website;
  • All Product prices are in Australian Dollars and inclusive of GST;
  • Prices displayed on the Website are subject to change without notice. Once an order has been accepted by Map Gear and a purchase contract formed, the price of the Products cannot be varied except by agreement in writing between the Purchaser and Map Gear;
  • Sometimes a Product can be out of stock. A Available on backorder status tag for the corresponding Product in the Website. When that happens, Map Gear will be making all possible efforts to restock the Product as soon as possible;
  • Unless otherwise stated, orders containing back ordered items will only ship once all corresponding Products are back in stock;
  • Map Gear reserve the right to decline to sell Products to the Purchaser, and may cancel the order at any time prior to dispatch of the Products;
  • Map Gear do not accept any responsibility or liability for orders that are declined, delayed or not accepted due to disruptions with internet connections or shipping delays;
  • Map Gear offers two main payment options: bank transfer and credit/debit cards. Please note:
    • Bank transfer details will be provided to the Purchaser as soon as the order is submitted, on the Website and also via email communication. It might take up to 3 business days for bank transfer payments to be received by Map Gear;
    • Credit/debit card details are collected on the Website, during the checkout step, for the sole purpose of starting a transaction and pay for the corresponding order. Map Gear does not keep credit/debit card details on file once the order is processed. If the transaction is approved, the order will start processing automatically.
  • All payments paid via credit card are subject to a credit fraud process which can take up to 24 hours for processing;
  • Unless otherwise stated, orders must be paid in full before they are shipped from our warehouse;
  • If, for some reason, an incorrect shipping address has been provided for an order, please contact Map Gear immediately. Changes might be possible if the order has not shipped yet. Unfortunately, after shipping an order, Map Gear is unable to change the address or redirect;
  • If there are any discrepancies with an order, they must be reported to Map Gear within one week of delivery.

 

Purchase orders are welcome. Please contact [email protected] to proceed with ordering via purchase order.

Refunds

  • Map Gear will not refund the purchase price in circumstance where you have changed your mind or otherwise no longer wish to proceed with the transaction;
  • Notwithstanding points noted above relating to warranty, Map Gear will normally not refund Products once handed over to the Customer, except where Australian Consumer Law requires that Map Gear do so. This will usually be determined following the steps outlined under the relevant State’s small claims courts process;
  • Refunds, repairs and warranty claims are determined by a number of factors, including price, age, life expectancy etc. Depending on the type and level of failure, Map Gear will decide, at its discretion, whether to remedy a failure by repair, replacement or refund. Should the Consumer disagree with the decision, they are within their rights to pursue the matter further under their relevant State’s small claims court process;
  • Refund requests, when found legitimate, will be issued the same way as original payment was tendered;
  • If the order is returned to Map Gear due to non-delivery, Map Gear will refund the invoice less delivery costs and an administration fee (AUD75).

Shipping

  • Map Gear may offer free shipping on certain orders, with conditions:
    • Minimum order value of $5000;
    • Free shipping will be provided via non-express parcel services;
    • Free shipping promotion only applies to delivery addresses in Australia;
    • Free shipping promotion does not include parcel insurance by default. Transit insurance is optional and must be requested by the Customer, by contacting us before the order is posted.
  • Fully paid orders are normally shipped within two business days (subject to item availability). Orders placed over the weekend or on public holidays will be processed in the next business day. After the order gets shipped, the Customer will receive an email confirming the corresponding tracking number(s);
  • Locations outside capital cities and major regional centres may take extra time to be delivered. Some areas may take longer due to the frequency of deliveries to the delivery postcode. Map Gear is not responsible for estimated or guaranteed delivery dates calculated by Australia Post (Parcel or Express services). Map Gear does not refund shipping charges if a customer order was not delivered by the delivery date estimated by Australia Post or any other courier service;
  • Map Gear cannot ship to P.O. Boxes. Customers will be required to provide alternative addresses if they try to use a P.O. Box when submitting their orders;
  • Freight insurance is optional and is not included in any shipping option offered by Map Gear. If the Purchaser requires Map Gear to cover any loss or damage to any items whilst in-transit, he/she has to specify that when placing the order, using the comments box in the checkout step. If specified that the Customer would like to include coverage during transit, Map Gear will contact the Customer prior to shipping, to confirm additional prices and take the corresponding payment;
  • Map Gear requests signature on delivery for all orders. Please ensure the addressee is correctly identified, as a signature will be required when receiving your order;
  • Map Gear will take all necessary care to ensure safe shipment of the article, but will not be held liable for:
    • Items lost, stolen and/or damaged in transit where optional freight insurance is not requested by the Customer;
    • Delays in dispatch, transit time, delivery issues, non-delivery of items, or other;
    • Items being delivered to third-parties as a result of incorrect shipping addressed informed by the Customer.

Amendments to Terms and Conditions

Map Gear reserves the right to amend these terms and conditions at any time. Any amendments shall be effective immediately upon notification on the Map Gear Website.