These terms and conditions (Sale Terms) apply to any products sold by BAT Logic Pty Ltd (us, we) to you. Your contracting partner is BAT Logic Pty Ltd, PO Box 2321, Hawthorn Victoria, Australia (ACN 131 904 115)
You can only order on our Website if you are a consumer, not a reseller.
These term also apply to orders placed and accepted through purchase order / direct invoice from BAT Logic.
Application of terms
Please read these Sale Terms carefully before ordering products from our websites (at batlogic.net, www.batlogic.com.au, www.batrowing.com or any web page directly connected to those websites) or our content on social media sites (including without limitation Facebook and Twitter) (together, Website). These Sale Terms apply to all offers and agreements relating to the sale and delivery of products by us. By ordering products from the Website or through a direct interaction with BAT Logic, you agree to be bound by these Sale Terms. If you do not agree with any of these Sale Terms, do not purchase products from BAT Logic. We are not bound by clerical errors and mistakes in promotional descriptions and other statements in the offer and on our Website. You accept that minor colour and other variations in products are possible as a result of different image capture and display technologies. We are not liable for these variations and deviations.
Orders you place via the Website or in person for the products offered by us as listed on the Website are only an offer to conclude a sales contract. The sales contract is only concluded upon acceptance by us and undertaking by us to fulfil the order. We have 10 days to advise if an order is not accepted and will do so in writing using the email address provided during the sales process. If we are unable to supply your total order these Sale Terms will apply to the supply of all or part of the order. You warrant that the information you provide to us in an order is accurate and complete. We are never obliged to accept an order. If we do not accept an order for any reason we will refund the purchase price.
Prices on the Website are quoted in either Australian dollars (AUD) or United States Dollars (USD). Prices are only available in AUD when the delivery address is Australia. The AUD prices are inclusive of GST whereas prices quoted in USD are exclusive of all taxes and duties. For all orders outside of Australia, you may still be liable for duties and tax upon delivery. We charge and pay freight costs only (not including duties and taxes) and these are itemised separately.
Any price list published by us from time to time shall not be construed or operate as an offer or obligation to sell but shall be an invitation to treat only and we reserve the right to accept or reject in its absolute discretion any orders which may be received by it. We reserve the right to make price and product changes at any time before a purchase is accepted. We reserve the right to change, limit or terminate any special offers or discounts at any time.
If we determine that we are or may be unable to deliver within a reasonable time, or at all, the contract may be cancelled by us. In the event of cancellation you shall have no claim against us for any damage, loss, cost or expense whatsoever except reimbursement of any amounts paid by you. No purported cancellation or suspension of an order or any part of an order by you is binding on us after that order has been accepted us.
We will deliver to the address indicated by you provided it is in a country we are able to deliver to. If you request delivery to another country we may refuse to deliver or charge you an additional fee. Delivery of multiple or bulky items may incur an additional delivery charge. We can only deliver to a delivery address which is a home or office address. Deliveries will be done on business days, not being a public holiday. For each delivery a signature for receipt may be required. We are entitled to make split deliveries so that you receive the ordered products as soon as possible. When Project B shoes are included in the order, these are likely to be delivered separately from the BAT Logic labelled products. There are no additional costs associated with such split deliveries. Delivery periods are indicative. The mere fact that an indicative delivery period is exceeded does not entitle you to compensation and we are not liable to you or any other person for loss sustained due to delivery times.
Title and risk
Title in the products will not pass to you and the products will only be sold to you on payment of the full price. You agree to hold the products as bailee for us until the price is paid in full. The products are at your risk upon delivery to you or to a third party at your request.
For all products purchased through a third party, please contact the place of purchase for any warranty claims.
For products purchased directly from BAT Logic, we offer a warranty of workmanship and materials on the QuickRelease System, BasePlates, ShoePlate Tops and CustomPack for two years unless otherwise stated while the ErgAdapter has a one year warranty (two years for the EU). The relevant warranty period will apply from the date of delivery. The warranty does not cover normal wear and tear and particularly does not apply where the BAT Logic product has been dropped, involved in a crash or wherever damage has been caused by the user.
For any other products sold by us, the manufacturer’s warranty will apply. For clarity, Project B shoes have a warranty period of 12 months (24 months for Europe) from the date of purchase against defects in material and workmanship. The warranty does not cover normal product wear and tear.
This warranty is provided by Bont Cycling Pty Ltd. (NSW. Australia) as the manufacturer of the Project B Rowing shoes.
Other than the warranties expressly set out in these Sale Terms, and to the extent permitted by law, we exclude all conditions, warranties and guarantees (whether express or implied by or arising under statute, common law, equity, trade custom or usage or otherwise), and makes no representations, relating to the products ordered by you. Nothing in these Sale Terms excludes, limits or modifies any conditions, warranties or guarantees implied by or arising under statute which cannot lawfully be excluded. The warranty is void for use outside of the expected use of this product including but not limited to the use of chemicals, in the event of extreme heat, incorrect attachment or the use of incorrect fasteners.
Other than liability we specifically accept under these Sale Terms for the BAT Logic labelled products and consulting, to the maximum extent permitted by law, we and our officers, employees, agents and representatives will not be liable for any loss or damage (including consequential loss or damage) to any person or entity, however caused (whether by negligence or otherwise), which may arise directly or indirectly from or in connection with these Sale Terms, any advice, recommendation, information or any orders you place with us. Where liability or any conditions, warranties or guarantees implied by or otherwise arising under law cannot be lawfully excluded, then to the extent permitted by law, our liability for a breach of any such condition, warranty or guarantee is limited, at our option, to the replacement or repair of the products, the supply of equivalent products or the cost of replacing or repairing the products or of acquiring equivalent products.
For other products sold by BAT Logic via our websites, through direct contact or other methods, liability will be borne by the original manufacturer.
Use of products
We draw your attention to any care and maintenance recommendations contained with our products or on the Website or in that of (projectb-rowing.com) for the Project B Rowing shoes. We are not liable for any damage resulting from the incorrect storage, transportation or use of products, including storage, transportation or use contrary to the recommendations.
Claims and returns
Do not under any circumstances send products back to us without notice. We accept no responsibility for products that are sent back by you and are lost or stolen before arriving. For all claims and returns please contact the party you purchased the products from. If you purchased directly from BAT Logic, claims should be submitted to [email protected] and include 1) a copy of the receipt 2) clear photos of the damage itself and the entire product 3) description of the fault 4) your name, address, contact number and email address.
If the products are found to be faulty or contain a manufacturing fault, you will be provided with a replacement item free of charge or the price you paid for the products will be refunded to you in full, at our discretion. If the products are found not to be faulty or contain a manufacturing fault, you will be notified in writing by us of this decision. In these circumstances, the products will be returned to you.
The above process does not affect your statutory or contractual rights, including the consumer guarantees which are imposed by the Australian Competition and Consumer Act.
We may amend these Sale Terms from time to time, and such amendments will be effective immediately upon publication on the Websites.
Previous negotiations, representations, warranties, arrangements and statements (if any) whether expressed or implied between you and us, are excluded. Our failure to insist upon your observance of these Sale Terms will not be deemed a waiver nor amount to a waiver of any subsequent breach. If any of these Sale Terms is held to be invalid, void, unenforceable or illegal for any reason, these Sale Terms will otherwise remain in full force and effect apart from such provision which shall be deemed to be deleted or modified to overcome that objection.
These Sale Terms are governed by the laws of Victoria, Australia, and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria, Australia.