Terms and Conditions
Terms and Conditions of Sale
By accessing or using Auspower (“Auspower”, “we”, “us”, “our”) or by purchasing products through our assisted procurement and forwarding services, the purchaser (“Customer”, “you”, “your”) agrees to be bound by these Terms and Conditions (“Terms”). Please read them carefully before engaging our services.
1. Nature of Service
1.1
Auspower operates as an assisted purchasing and international forwarding intermediary. This means:
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You instruct us to procure products on your behalf from independent third-party retailers, suppliers, or marketplaces (“Third-Party Sellers”);
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We facilitate the purchase, manage payments, and arrange forwarding and delivery to your nominated address; and
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Auspower does not own, manufacture, or retail the products.
1.2
Accordingly, Auspower:
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Does not design, manufacture, or test any product;
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Makes no representation regarding quality, merchantability, safety, or compliance with regulatory standards; and
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Is not responsible for product defects, non-conformance, recalls, or misrepresentation by Third-Party Sellers.
1.3
Our responsibility is strictly limited to:
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Executing your purchase and forwarding instructions accurately;
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Managing payments between you and the Third-Party Seller; and
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Coordinating shipment of goods to your nominated destination.
2. Product Quality, Warranties, and Liability
2.1
Auspower provides no warranties, express or implied, concerning any product purchased through our services, including but not limited to:
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Quality, performance, durability, safety, or fitness for purpose;
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Accuracy of description or compliance with local or international laws; or
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Non-infringement of third-party intellectual property rights.
2.2
To the fullest extent permitted by law:
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All product-related warranties, guarantees, and liabilities rest solely with the relevant Third-Party Seller or manufacturer; and
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Auspower is not liable for losses, damages, injuries, or expenses resulting from the use, misuse, or malfunction of any product.
2.3
Auspower’s liability is limited solely to losses directly attributable to its own acts or omissions in performing purchasing or forwarding services. Under no circumstances shall our liability exceed the total service fees paid to Auspower for the affected order.
3. Refunds and Returns
3.1
As Auspower is not the seller or manufacturer of the goods:
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We do not accept product returns, replacements, or refund requests; and
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All warranty, return, or refund claims must be directed to the Third-Party Seller or manufacturer, in accordance with their policies.
3.2
Refunds for Auspower’s service fees will only be issued where required by applicable law or where we fail to perform the forwarding service as agreed.
4. Orders, Payment, and Title
4.1
All orders are executed strictly based on your written or electronic instructions. Auspower shall not be responsible for errors, losses, or delays arising from incomplete, inaccurate, or unclear information provided by you.
4.2
Title to goods transfers directly from the Third-Party Seller to you. Auspower does not assume or hold ownership of any products at any time.
4.3
All orders are subject to product availability. If an item becomes unavailable, we will notify you and refund the product amount (excluding service fees already rendered).
4.4
Full payment must be received and cleared before any order is placed or shipment arranged.
5. Delivery and Risk
5.1
Delivery timeframes are estimates only and are not guaranteed. Auspower shall not be liable for delays caused by couriers, customs, natural events, strikes, or other circumstances beyond our reasonable control.
5.2
Risk in the goods passes to you immediately upon dispatch or transfer to the nominated shipping carrier.
5.3
You are responsible for providing an accurate and complete delivery address. Auspower shall not be held liable for lost or undeliverable shipments arising from incorrect address details or local delivery restrictions.
5.4
You are solely responsible for ensuring that all imported items comply with applicable import regulations in your country of destination. Auspower does not forward prohibited or restricted goods under international trade or transport laws.
6. Customs, Duties, and Import Taxes
6.1
For international deliveries, you are deemed the Importer of Record and are responsible for:
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Paying all applicable customs duties, import taxes, clearance fees, and brokerage charges;
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Complying with all import laws and regulations in your jurisdiction.
6.2
Auspower does not collect or remit Goods and Services Tax (GST), Value-Added Tax (VAT), customs duties, or any other government-imposed levies unless expressly stated.
6.3
All customs and import-related charges are excluded from Auspower’s service fees and must be settled directly with the carrier or relevant authority prior to delivery.
6.4
Auspower is not liable for any customs-related delays, inspections, detentions, confiscations, or additional charges imposed by customs or border agencies.
7. Limitation of Liability
To the maximum extent permitted by applicable law:
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Auspower shall not be liable for any indirect, incidental, consequential, or special damages, including loss of profit, business opportunity, or goodwill; and
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Our aggregate liability for any claim related to your use of our services shall not exceed the total service fees paid for the specific transaction giving rise to the claim.
Nothing in these Terms limits or excludes your rights under mandatory consumer protection laws that cannot be lawfully excluded.
8. General Provisions
8.1
All prices are quoted in Australian Dollars (AUD) unless otherwise specified and exclude any applicable taxes or import duties.
8.2
Auspower reserves the right to refuse, suspend, or cancel any order at its discretion, including in cases of suspected fraud, payment issues, or product unavailability.
8.3
All website content and service-related information are provided in good faith. Auspower does not warrant the completeness, timeliness, or accuracy of any information published.
8.4
These Terms constitute the entire agreement between you and Auspower and supersede all prior representations, agreements, or understandings, whether written or verbal.
8.5
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
9. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the jurisdiction in which Auspower is legally registered and operates, without regard to conflict-of-law principles.
You agree that any dispute, claim, or proceeding arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts or arbitral bodies of that jurisdiction, except where otherwise mandated by applicable law.
10. Disclaimer
Auspower acts solely as an independent purchasing and forwarding intermediary.
We assist customers in procuring and shipping goods internationally at their direction.
We are not responsible for the manufacture, quality, legality, safety, or performance of those goods.