CryoDry Consumer Terms and Conditions
These terms and conditions are an extension to CryoDry’s General Terms and Conditions from 20/12/2022.
Shipping Policy
- Products can only be delivered to addresses within Australia to which our delivery agents deliver. Products cannot be delivered to a PO Box.
- Regular deliveries to NSW, QLD and VIC metro areas should be received within 3-5 business days. For ACT, SA, WA, TAS, NT metro and other rural areas, orders should be received within 10-15 business days. However, these are estimated delivery times only and are subject to changes at any time.
- Subject to clause 1, we will deliver the Products ONLY to the delivery address you specify in your order. We will not deliver the Products to your delivery address unless there is someone present to accept and sign for them, during normal business hours (9am to 5pm, Monday to Friday). If there is not someone present at your delivery address to sign for and take delivery of the Products, we may be able to arrange re-delivery at an additional cost or the Products may be delivered to your the freight provider’s depot or other collection point for your collection.
- Delivery includes unloading from the truck and drop at an easy-to-reach location via pallet jack on your property such as an entrance area, garage or similar. We will not deliver into your premises and installation is excluded. Our delivery does not include packaging removal, or collection or disposal of any old devices.
- If the Product/s are unable to be delivered on a second pre-arranged day/time due to you or your authorised representative again not being present at the delivery address at the pre-arranged day/time, we reserve the right to charge additional delivery cost or cancel your order and refund the purchase price – less any reasonable delivery charges we incur for the failed delivery attempts.
- We do not accept unreasonable delays to your acceptance of delivery of our Products. If you are unable to accept delivery within a reasonable time of placing your order, or our delivery agent unsuccessfully makes multiple attempts to contact you to arrange delivery, we reserve the right to cancel your order and refund the purchase price. For cancelled orders, we will usually make any refunds using the same method originally used by you to pay for your purchase, as soon as practicable after the order is cancelled. If you pay using any third party ‘buy now pay later’ finance options refunds may occur in accordance with any terms, conditions and processes of the third party financier.
- When ordering, please take care to ensure your delivery address is correctly specified. Once your order is placed, we will not accept changes to the delivery address you specify in your order unless advised in writing and prior to delivery.
- You, or another responsible person over the age of 18 who you have given authority to accept delivery of the Products , must be present at the time of delivery
- You must ensure that the delivery vehicle can park immediately outside the entrance to the delivery address. We and our delivery agent reserve the right to refuse to deliver where our delivery agent is unable to park within 20 meters of the entrance to the delivery address.
- You must ensure that any pets are placed in a secure location before delivery commences and at all times during the Delivery Process. The term “Delivery Process” includes the process for delivering the Products.
- At the end of the Delivery Process, you will be required to sign a Proof of Delivery which will confirm that the Products have been delivered and will document any noticeable damage to the Products occurring prior to, or during, the Delivery Process. It will also allow you to document any damage to your delivery address that you believe has been caused during the Delivery Process or the route to that location. Our delivery agent may photograph the location the Product has been placed in.
- CryoDry strongly advises that, after unpacking, you thoroughly inspect the Products for physical damage. Any physical damage discovered during such inspection should be noted on the Proof of Delivery. If you wish you may refuse to accept the Product if there is physical damage to the Product.
- You warrant to CryoDry and the delivery agent that all information that you provide to CryoDry and the delivery agent regarding the delivery is correct and complete. If this is not the case, in addition to its other remedies available at law, CryoDry and/or our delivery agent may refuse to deliver the Product and/or may require the payment of extra fees.
- To the full extent permitted by law, neither CryoDry or the delivery agent will be liable to you or any other person for any loss, cost, damage, expense, injury or death arising from, or in connection with, the delivery of the Product, whether in contract (including any breach of these terms and conditions, actual or anticipatory, including repudiation), tort (including negligence), equity, restitution, under statute or regulation, under any other legal cause or action, claim or right, or otherwise. For the avoidance of doubt and without limitation (and to the full extent permitted by law), CryoDry and the delivery agent will not be liable for any (i) loss of profits; (ii) loss of revenue; (iii) loss of anticipated savings; (iv) loss of business opportunity; (v) loss of goodwill; (vi) loss of reputation; (vii) loss of data; (viii) cost of obtaining replacement goods or services; (ix) consequential, indirect or incidental loss (even if the loss was reasonably foreseeable or CRYODRY or the delivery agent has been advised of the possibility of such loss); (x) special loss; (xi) punitive or exemplary damages; or (xii) economic loss or damages or any nature or description; or (xiii) for any loss or damage caused by any contractor or employee as a result of such contractor or employee acting outside of his, her or its actual authority or not in performance of his her or its duties to CRYODRY or its delivery agent.
Risk & Title
1) Notwithstanding delivery of the Products to you, title in the Products will not pass to you until the later of delivery or we have received your payment. If your payment is declined for any reason, we reserve the right to reclaim the Products from your possession, custody or control even if they have been delivered to you or moved from the delivery address and we reserve the right to keep or sell those Products. Risk of loss, damage or deterioration to any Products will pass to you on delivery.
2) You acknowledge and agree that clause 1) creates a purchase money security interest in the products which we are entitled to register as such under the Personal Properties Securities Act 2009 (Cth) (PPSA). To the extent permitted under the PPSA, we each agree to contract out of the provisions listed in section 115 of the PPSA. You waive your right to be provided with verification statements under section 157 of the PPSA. We agree that neither of us will disclose to any third person information referred to in section 275(1) of the PPSA and that this is a confidentiality agreement for the purposes of section 275(6) of the PPSA.
Consumer Rights and Warranty Support
1) Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (ACL) as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (or any liability under them) which by law may not be limited or excluded.
2) Our goods may come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You may also be entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
3) You should check the Products as soon as they are delivered to you to ensure that:
(a) they are what you ordered; and
(b) they are not damaged or faulty. If this is not the case, you should contact Cryodry under service@cryodry.biz as soon as possible.
4) You may not be entitled to any refund or exchange if only the packaging is damaged in transit. The packaging is to protect the Products themselves.
5) Your Product may come with a manufacturer’s warranty from CryoDry. CryoDry’s manufacturer’s warranty is in addition to but may overlap with any rights and remedies you may have under applicable law, including any Consumer Guarantees. If you are not considered a “consumer” within the meaning of the ACL, the manufacturer’s warranty may be your sole remedy. However, you should check the manufacturer’s warranty carefully as it may not apply in a business or commercial setting. If you would like to make a claim under the manufacturer’s warranty or ACL, please contact us on service@cryodry.biz
6) Subject to this clause and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded;
(b) we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, damage to goodwill, loss of data (including loss of data stored on any media contained within electronic or computing products), arising out of or in connection with the Products or these Terms (including as a result of not being able to use the Products or the late supply of Products), or the need to recover, re-program or reproduce any program or data stored in or used with the Products purchased from us, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise; and
(c) our total liability arising out of or in connection with the Products or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of the Products under these Terms (excluding any applicable delivery and other charges).
8.7 Where by law we are unable to exclude terms, guarantees, warranties, representations or conditions but are able to limit them, to the extent permissible by law we limit our liability for any breach, at our option, to the repair or replacement of Products, or payment of the cost of repairing or replacing the Products.
8.8 To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, applicable delivery and other charges, acceptance or offer, invoice or other documents or information issued by us will be subject to correction without any liability on our part.
Returns Process
The following process applies to return of Products:
(i) Contact CryoDry by email to service@cryodry.biz. We will then inform you of the arrangements to return the Product to us.
(ii) You will be required to then email proof of your original purchase and any delivery documentation to service@cryodry.biz.
(iii) We will send return instructions in which you will be provided options for returning the Product to us.
(v) If a return is approved you must return the Product:
(1) with all original components and accessories (including manuals, documentation, etc.); and
(2) in its original packaging or, if necessary, in packaging suitable to prevent damage to the Product.
(vi) You must retain proof of pickup or dispatch (as the case may be), to be provided to CryoDry on request.
(vii) If you are returning the Product to us because you consider that the Product is faulty or damaged, we will assess the Product following receipt of the Product from you. Subject to this clause, if:
(1) no fault is found, or the fault is found to be caused by you (see clause (f) below), the claim will be rejected and we will return the Product to you;
(2) in the case of a valid warranty claim, we will liaise with you regarding an applicable warranty remedy;
(3) in the case of an ACL claim, we will assess whether you are entitled to an ACL remedy and, if so, we will liaise with you regarding an applicable ACL remedy.
(b) We will notify you of our assessment via email within a reasonable period of time of when we receive the Product from you.
(c) You have a legal obligation to take reasonable care of a Product while it is in your possession. If you fail to comply with this obligation and return a Product to us, we may have a right of action against you for compensation. When returning a Product to us we recommend you obtain a proof of posting. In all cases, we reserve the right to inspect the Product and verify the fault or defect. For an exchange or refund, the Product must be in otherwise ‘as new’ condition and if possible with the original packaging. We reserve the right to refuse a refund or exchange if the Product returned is considered to have been otherwise damaged.
(d) We will usually process a refund due to you as soon as possible and, in any case, within thirty (30) days of confirming to you via email that you are entitled to a refund. If we are obliged to provide you a refund for Product/s comprising only part of an order, we will only refund the component or portion of any applicable delivery or other charges you may have paid that relates to the Product/s which are subject to the refund.
(e) We will usually make any refunds using the same method originally used by you to pay for your purchase. If you pay using any third party ‘buy now pay later’ finance options, refunds may occur in accordance with any terms, conditions and processes of the third party financier.
(f) We do not cover faults caused by misuse, neglect, physical damage, tampering or incorrect adjustment or normal wear and tear. Products sold on our Site are intended for domestic use only and are not for commercial use or resale. Nor do we cover faults due to incorrect installation in your home. Please do not remove the serial number.
(g) This clause does not affect your statutory rights.