CHIP IT TERMS AND CONDITIONS Returns and Refund Policy

CHIP IT TERMS AND CONDITIONS
Contents
1. Introduction and overview
2. Return procedures
3. Dead on arrival product
4. Damaged in transit product
5. Incorrectly shipped product
6. Faulty product
7. Other manufacturer’s return policy
8. Processing credits/refunds
9. Warranty
10. New vehicle engine warranty
11. Non-new vehicle engine warranty
12. Non-warranty service and repairs
13. Prices and payments
14. Delivery
15. Out of stock items
16. Customer’s account
17. Pictures
18. Privacy
19. Liability
20. Changes to Terms and Conditions
21. Applicable law

1. Introduction and overview
1.1 All products sold by CHIP IT Australia P/L (CHIP IT) are for racing or off-road use only.
1.2 CHIP IT does not guarantee any fuel savings.
1.3 All products are sold on a “No Return Basis”, unless “Dead on Arrival”, “Damaged in Transit”, “Incorrectly Shipped”, “Faulty” or otherwise returnable under manufacturer’s warranty and returned in accordance to these Terms and Conditions or if otherwise agreed by CHIP IT.
1.4 Subject to other provisions of these Terms and Conditions, CHIP IT offers 30 day money back guarantee for the return of the product that fails to perform to the manufacturer’s specifications or fails to perform as advertised.
1.5 These Terms and Conditions are to be read in conjunction with all other CHIP IT Policies which can be found on CHIP IT official website. CHIP IT may revise and change any part of these Terms and Conditions at any time without notice.
1.6 Prices on CHIP IT products are also subject to change without notice. Typographical, product description, pricing, image and other errors are subject to correction, even after orders and/or payment are accepted.
1.7 CHIP IT does not guarantee product compatibility. Carefully review these Terms and Conditions before making a purchase.
1.8 Shipping charges may apply and are not refundable, except as otherwise provided by these Terms and Conditions.
1.9 These Terms and Conditions apply to all types of orders.
2. Return procedures
2.1 CHIP IT will accept return and offer a credit for products that were dead on arrival, damaged in transit, incorrectly shipped or faulty, or otherwise returnable under the manufacturer’s warranty. These returns should be made in accordance with these Terms in Conditions.
2.2 Returns for reasons other than provided in clause 2.1 will be accepted only at the discretion of CHIP IT. Subject to any rights the customer might have under the Warranty, the customer is responsible for all costs associated with return of the product to CHIP IT and CHIP IT will not pay or reimburse any associated costs.
2.3 If a return is accepted by CHIP IT, for reasons other than provided in clause 2.1, a restocking fee of 20% of the initial invoice cost of the item will be applied and payable before CHIP IT accepts the return.
2.4 All goods, whether defective or not, will require a Return Authorisation Number (RAN) before they can be returned. To obtain the RAN the customer must contact CHIP IT.
2.5 The customer will need to supply the following information, most of which will be on the customer’s packing slip or invoice, before the RAN is issued:
• Name and contact details of original purchaser
• CHIP IT invoice number
• Part number of product to be returned
• Date on packing slip or invoice
• Reason for return
2.6 Each RAN is only valid for one product and must match the product authorised for return. The RAN is only valid for seven days. CHIP IT must receive the returned product within this period; otherwise the return may not be accepted.
2.7 It is the responsibility of the customer to ensure that all products are suitably packaged in order to prevent damage during return shipping. The customer must not write on or attach labels directly to the product being returned; otherwise, the return may not be accepted. A copy of the original packing slip or invoice, or other proof of purchase, must be included with the returned product. If such proof of purchase is not included, no replacement or refund will be provided.
2.8 The RAN should be clearly visible on BOTH the OUTSIDE and INSIDE of the product-shipping carton and addressed to the following address (unless otherwise directed):
CHIP IT – Returns
26B Hilly Street, Mortlake
NSW 2137 Australia
2.9 CHIP IT recommends that products returned by registered post or courier and remain traceable at all times. CHIP IT accepts no responsibility for loss or damage occurring in transit on return to CHIP IT.
2.10 It is the customer’s responsibility to prove that the item was delivered to CHIPT IT.
2.11 All products must be returned in the original packaging; otherwise they may be returned to the customer at customer’s cost.
2.12 CHIP IT will test all returned products within seven days of receipt. Some products may need to be returned to the manufacturer for testing. If the product is in full working condition or any defects or damage has been caused after the customer received the product, it will be returned to the customer and the customer will be invoiced for the processing and freight costs associated with the return. The invoiced amounts should be paid by the customer within seven days of receipt of invoice.
2.13 CHIP IT reserves the right to refuse any returns that:
• are incomplete or have missing parts;
• are not returned in their original packaging, or suitable packaging;
• show signs of physical damage to the product or its packaging;
• do not include a valid RAN on the shipping label;
• have an expired RAN.
2.14 CHIP IT will not accept any opened product for return unless the product is returnable under the express terms of these Terms and Conditions or under warranty. CHIP IT would accept an opened product in the following circumstances only:
• the product was dead on arrival or damaged in transit
• the product develops a fault due to a cause existing prior to the purchase
• product that is not of merchantable quality
• product fails to perform to the manufacturer’s specifications
• product fails to perform as advertised
2.15 Regardless of reason for return, if the product was damaged as the result of misuse, unauthorised repair or tampering it will not be accepted for return.
2.16 There are no refunds on fuel pumps, wiring harness, turbo kits, intercoolers, custom made items, exhaust systems, down pipes, special orders or electronic parts.
3. Dead on arrival product
3.1 If the customer receives a product that is not in working order, the customer should notify CHIP IT immediately upon receipt of the product and no later than three business days.
3.2 CHIPT IT team will process the return as dead on arrival product and issue customer with RAN. The customer should package and address the product for return in accordance with the above procedures.
3.3 All dead on arrival products should be returned to CHIP IT within seven days of purchase.
3.4 CHIP IT will arrange for the product to be collected from the customer for return.
3.5 If CHIP IT determines that the product is not defective, it will be returned to the customer. The customer will be charged a processing fee and freight costs associated with the return. The invoiced amount should be paid by the customer within 30 days of receipt of invoice.
3.6 For products determined by CHIP IT or the manufacturer to be dead on arrival, a credit will be issued for the original purchase price of the product and the freight costs associated with the initial delivery to the customer.
4. Damaged in transit product
4.1 If the customer receives a product that appears to have been damaged in transit from CHIP IT to the customer, the customer should:
• refuse to accept delivery of the product
• direct the courier to “Return goods to sender”, and
• contact CHIP IT team immediately.
4.2 If the customer has already accepted delivery, and then noticed that the product appears to have been damaged in transit, the customer should contact CHIP IT team immediately.
4.3 The customer will be issued with RAN in accordance with the above procedures. The customer should package and address the product for return in accordance with the above procedures.
4.4 All damaged in transit products be returned to CHIP IT within seven days of purchase.
4.5 CHIP IT will arrange for the product to be collected from the customer for return.
4.6 If it is reasonably determined by CHIP IT that the product has not been damaged in transit, it will be returned to the customer and the customer will be invoiced a processing fee and freight costs associated with the return. The invoiced amounts should be paid by the customer within 30 days of receipt of invoice.
4.7 For products which are determined by CHIP IT to be damaged in transit, a credit will be issued for the original purchase price of product returned and the freight costs associated with the initial delivery to the customer.
5. Incorrectly shipped product
5.1 If the customer receives a product that is different to the one ordered, the customer should contact the CHIP IT team immediately upon receipt of the product.
5.2 The customer will be issued with RAN in accordance with the above procedures. The customer should package and address the product for return in accordance with the above procedures.
5.3 The product should be returned to CHIP IT within seven days of purchase.
5.4 CHIP IT will arrange for the product to be collected from the customer for return.
5.5 For all incorrectly shipped products a credit will be issued for the original purchase price of product returned and the freight costs associated with the initial delivery to the customer.
5.6 If it is found by CHIP IT that the product was shipped correctly (for example, where the customer has ordered the wrong product by mistake), the customer will be responsible for a restocking fee and another freight fee. The customer must return the product to CHIP IT in new condition and pay any outstanding amounts before a replacement product will be made available to the customer. The invoiced amounts should be paid by the customer within seven days of receipt of invoice.
6. Faulty product
6.1 If the product is faulty on receipt or develops a fault within three days from the day of the receipt, the customer must return the product within seven days in accordance with prescribed procedures for “dead on arrival” products.
6.2 If, after testing, CHIP IT is satisfied that the product is faulty, it will send out a replacement product.
6.3 If the faulty product is found to have suffered abuse by the user, no replacement product will be sent out and a repair cost will be charged. Upon payment of the repair charge by the customer, CHIP IT will send out either the repaired product or an exchange product.
7. Other manufacturer’s return policy
7.1 “Manufacturer” referred to in this paragraph is a manufacturer, other than CHIP IT.
7.2 CHIP IT does not provide warranty for any equipment manufactured by the third parties, even if it was supplied by CHIP IT. Any warranty claims must be addressed to those manufacturers.
7.3 If the Manufacturer offers to accept for return product sold by CHIP IT, then we will honour the Manufacturer’s Terms and Conditions as far as it involves CHIP IT as the retailer.
7.4 The Manufacturer’s returns policy will direct the customer to either:
• return the product directly to the manufacturer, its agent or a third party service provider; or
• return the product to the retailer from whom the product was originally purchased.
7.5 If the Manufacturer directs the customer to return the product to the Manufacturer, agent or a third party, then the customer should arrange for the product to be returned as directed and otherwise in accordance with the Manufacturer’s policy. The Manufacturer will then organise any refund, repair or replacement payable under its policy.
7.6 If the Manufacturer directs the customer to return the product to CHIP IT, the customer must contact CHIP IT within seven days of notifying the Manufacturer and at least fourteen days before the expiration of the warranty period specified by the Manufacturer, otherwise CHIP IT will not authorise a return.
7.7 The product should be received by CHIP IT within the period specified by the Manufacturer; otherwise, the return may not be authorised.
7.8 The customer will be issued with a RAN in accordance with the above procedures, but the customer should specify that the goods are being returned under the Manufacturer’s returns policy. The customer should also provide any additional information that may be required under the Manufacturer’s returns policy.
7.9 Where possible and to the extent consistent with the Manufacturer’s return policy the customer will need:
• to package and address the product for return in accordance with the Return Procedures above; and
• to arrange delivery of the product to CHIP IT at the address noted in the Return Procedures above.
7.10 CHIP IT will not pay or reimburse any costs associated with a return otherwise than in accordance with these Terms and Conditions. For product returned under the Manufacturer’s return policy CHIP IT will issue a credit for the original purchase price of the product less any freight costs associated with the delivery to the customer.
7.11 If the product has not been validly returned under the Manufacturer’s return policy and/or under any of the relevant Return Procedures contained in these Terms and Procedures, it will be returned to the customer and the customer will be invoiced a processing fee and freight costs associated with the return. These invoiced amounts should be payed by the customer within 30 days of receipt of invoice.
8. Processing credits/refunds
8.1 A credit note will normally be issued within seven days after CHIP IT receives the goods returned in accordance with these Terms and Conditions, with the exception of goods that are not obviously faulty and may require testing.
8.2 Where a product is returned because the customer believes it is faulty and the fault cannot be observed by CHIP IT’s internal testing, the product may need to be tested by the manufacturer. In such cases, the testing process may result in delays of up to 28 days before CHIPT IT can determine whether a credit note will be issued. The credit note which is issued can then be used as a payment against future purchases or converted to a refund.
8.3 CHIP IT will only issue refunds on request. All refunds will be made either by cash, cheque, or by applying a credit against the credit card used for the original purchase. The actual method of refund will depend upon the payment method used for the original purchase. In some circumstances, CHIPT IT may elect that a replacement product or repair is sufficient remedy instead of a full refund. This election will be at CHIP IT’s sole discretion, but will only occur after consultation with the customer and in accordance with relevant warranties. If CHIP IT elects to have a product replaced or repaired, it will do this at its cost and return the product (or its replacement) to the customer promptly; in these circumstances, CHIP IT will still refund freight costs.
8.4 Where a 30 day Money back guarantee exists, the customer may return the item for refund if the product does not perform as described by CHIP IT. This guarantee does not apply where by a customer simply changes his or her mind about the purchase.
9. Warranty
9.1 With the exception of products that are clearly marked as “Ex-Demo”, imperfect or damaged, all products, unless noted otherwise, are sold with a twelve months warranty on parts manufactured by CHIP IT and four additional years on the PC boards.
9.2 CHIP IT will not cover any loss or expense associated with fitting of any CHIP IT product.
9.3 CHIP IT will not cover the product in the event of water ingress into the CHIP IT Module, which must be kept away from heat and moisture
9.4 The following paragraphs must be read subject to any conditions, exclusions or qualifications contained in these Terms and Conditions
9.5 No warranty, or payment of warranty, or payment of warranty work performed by a third party, will be accepted unless:
• prior agreement has been given in writing by CHIP IT, and
• CHIP IT has been asked to diagnose the issue or concern BEFORE warranty work has been commenced.
9.6 If warranty has been accepted by CHIP IT, the maximum payment that can be claimed by a licensed and qualified repairer for removal and replacement of CHIP IT part(s) is $50.
9.7 CHIPT IT will not pay warranty under any circumstances for tuning of the vehicle/module.
9.8 The customer will be issued with a RA number in accordance with the above procedures, but the customer will need to specify that the goods are being returned under CHIP IT warranty. The customer should also provide any other additional information that may be required by these Terms and Conditions.
9.9 The customer should package and address the product for return in accordance with the above procedures (see “Return Procedures”).
9.10 The customer will need to arrange for return delivery of the product to CHIP IT address listed above.
9.11 CHIP IT will not pay or reimburse any costs associated with shipment.
9.12 It is sole discretion of CHIP IT whether to repair or replace the faulty item.
9.13 Should CHIP IT determine that the fault is not covered by warranty, it will then advise the customer of repair costs and ask if the customer wishes to proceed with the repair.
9.14 If the Customer decides not to proceed with the repair, CHIP IT may charge the customer an inspection fee.
9.15 For products not covered by warranty, CHIP IT will require payment of service charges and any costs associated with processing of the return prior to returning the product to the customer. CHIP IT will then arrange return delivery of the product to the customer.
9.16 No further verbal or other written warranty is effective other than what is stated within these Terms and Conditions.
10. New vehicle engine warranty
10.1 New vehicle engine warranty is only available to customers who purchased the Chip with EGT controller.
10.2 CHIP IT will not cover any loss or expense associated with engine or drive line damage, unless all of the following conditions are satisfied in full:
• the vehicle is under the vehicle Manufacturer’s original new vehicle warranty
• the customer returns the vehicle to the vehicle manufacturer to claim a warranty repair without the CHIP IT product(s) installed (excluding the EGT Controller)
• vehicle manufacturer attributes the fault to the CHIP IT Performance Module and for this reason denies warranty cover
• the manufacturer supplies a written report directly to CHIP IT stating the fault as follows:
o “the CHIP IT Module was the cause of … (stating problem), and
o “the CHIPT IT Module caused the problem by … (specifying how the problem was caused)”.
10.3 If following its own investigations CHIP IT is satisfied that the cause of the problem was in fact CHIP IT Performance Module, CHIP IT will authorise the repairs.
11. Non-new vehicle engine warranty
11.1 The customer should notify the insurance company of any modification done to the vehicle.
11.2 The customer should have the vehicle tested for safety before fitting any product supplied by CHIP IT.
11.3 CHIP IT does not warrant the engine or drive-train, except where warranty has been purchased from CHIP IT as a separate product.
11.4 CHIP IT does not take any responsibility whatsoever for any damage or injury caused through fitting, use or misuse, installing or removing of any parts of the equipment supplied.
11.5 CHIP IT can provide, at an extra cost, a Third Party Engine Warranty for up to $5,000 engine coverage. This warranty must be purchased from CHIP IT and is only valid if:
• it is purchased by the customer and noted on the original CHIP IT invoice at time of purchase of the CHIP IT Performance Module, and
• it is taken out before CHIP IT Performance Module is fitted to the vehicle.
12. Non-warranty service and repairs
12.1 All claims for service not covered by any kind of warranty should, in the first instance, be directed to the manufacturer or its authorised service centre or agent. If the manufacturer directs the customer to return the product to CHIP IT, then the customer must contact CHIP IT.
12.2 The customer will be issued with RAN in accordance with the above procedures, but the customer will need to specify that the goods are being returned for non-warranty service or repairs. The customer will need to package and address the product for return in accordance with the above procedures (see “Return Procedures”). The customer will need to arrange for return delivery of the product to CHIP IT address listed above.
12.3 CHIP IT will not pay or reimburse any costs associated with a customer-organised shipment for non-warranty service or repairs. Upon receipt of the product, CHIP IT will return the product to the manufacturer or its authorised service centre or agent for repair.
12.4 The product will be repaired at the sole discretion of the manufacturer. Once the manufacturer has determined a repair cost, CHIPT IT will advise the customer of the quoted repair costs. If the customer decides not to proceed with the repair, the manufacturer may charge the customer an inspection fee. Once the product is returned to CHIP IT by the manufacturer CHIP IT will arrange return delivery of the product to the customer.
12.5 CHIP IT requires payment of the manufacturer’s service charges and any costs associated with processing of the return prior to returning the product to the customer.
13. Prices and payment
13.1 CHIP IT may vary prices in the event of price change or mistakes made by suppliers on reasonable notice to the customer.
13.2 If CHIP IT requests payment for increased prices, the customer may cancel the order by giving notice to CHIP IT, which must be received within seven days of the announcement of the increase.
13.3 All orders placed through CHIP IT website are subject to confirmation and acceptance by CHIP IT.
13.4 For each order, the customer must pay:
- the applicable price for the relevant goods confirmed by CHIP IT, and
- the delivery and handling fee (if specified) on the proforma invoice or tax invoice (whichever is relevant).
13.5 For each offline order or quantity-based order, CHIP IT will advise the customer of total order amount before the order is processed. For offline orders CHIP IT accepts Cheque, Credit Card, Money Order, Cash or Direct Debit payments.
13.6 Unless CHIP IT has the items in stock and ready for immediate shipping, CHIPT IT processes orders on the first day of each month.
13.7 Orders will not be processed until payment has been received and cleared.
13.8 If the customer places an order by credit card the customer may be requested to supply additional identification to validate the customer’s identity before the order is processed.
14. Delivery
14.1 CHIP IT or its agent will deliver the ordered product to the address, specified in the order, within the agreed time frame.
14.2 Where the product is not available, the customer will be notified by CHIP IT as soon as possible.
14.3 Anyone at the delivery address who receives the product will be presumed by CHIP IT to be authorised to receive the product.
14.4 If there is nobody at the delivery address or nobody of appropriate age to receive and pay for the order, CHIP IT may charge the customer additional delivery fees.
14.5 Once the delivery has been dispatched, the customer will bear responsibility for its loss or damage.
15. Out of stock items
15.1 Unless CHIP IT has the items in stock and ready for immediate shipping, the customer’s order will be back-ordered. CHIP IT will advise immediately if the customer’s order includes out of stock items and provide the customer with an estimated delivery date.
15.2 In most cases back-ordered products will be delivered within 20 days from the day the customer submitted the order; however, in some instances up to eight weeks should be allowed from the day the customer submitted the order. CHIP IT will advise the customer if further delays are expected.
15.3 All orders are final. Refunds will not be considered while the order remains within the delivery estimates as specified above.
16. Customer’s account
16.1 The customer agrees to take responsibility for the safekeeping of the customer’s user name and password and credit card details.
16.2 The customer agrees to release and indemnify CHIP IT in connection with any use (whether authorised or unauthorised) of the Customer’s user name or password or credit card details. CHIP IT may suspend or cancel the Customer’s account at any time without prior notice.
17. Pictures
17.1 CHIP IT aims to include up-to-date pictures of all of the goods on this web site. However, picture of the goods may differ from the actual goods.
18. Privacy
18.1 CHIP IT will comply with the CHIP IT Privacy Policy, which is part of these Terms and Conditions. CHIP IT will not reveal the customer’s personal information to external organisations except for the purposes of fulfilling the customer’s order or pursuant to legal requirement.
19. Liability
19.1 CHIP IT does not accept any liability in connection, or arising out of, customer’s or third party’s use of the product or service provided by CHIP IT, even if damage or loss was caused by CHIP IT’s negligence.
20. Changes to Terms and Conditions
20.1 CHIP IT expressly reserves the right to amend and otherwise modify these Terms and Conditions (or any portion thereof) periodically without notice.
20.2 The customer should check these Terms and Conditions each time before placing an order to ensure awareness of any changes.
20.3 If the customer continues to use CHIP IT products or services after the adoption and/or implementation of any such changes, the customer shall be deemed to have accepted and agreed with the Terms and Conditions and all such amendments and/or modifications.
21. Applicable law
21.1 All purchases under these Terms and Conditions are subject to the laws of the State of Western Australia.