Terms & Conditions

Quotations

Any quotation given by the Seller to the Customer is not an offer or obligation to sell but an invitation to treat only. The Seller reserves the right to accept or reject any order it receives. Until the Seller accepts in writing an order submitted by the Customer, the Seller is not obliged to supply the Product so ordered to the Customer. 
The Seller reserves the right to refuse any order based on a quotation within 7 days after receiving the order. If the Customer defaults under these terms and conditions, the Seller may cancel, suspend or vary the terms and conditions of any incomplete order that has been accepted by the Seller without notice to the Customer and without being liable to the Customer.
The Seller is not responsible to the Customer for a breach of its obligation to supply the Product pursuant to an order the Seller has accepted, or for any delay in delivery, if the failure to supply or the delay in delivery, is caused by matters beyond the reasonable control of the Seller (including, without limitation, acts of God, acts of government, war or other hostility, national or international disaster, fire, explosion, power failure, equipment failure, strike or lockout, inability to obtain necessary supplies and any other force major occurrence).
Under no circumstances is the Seller liable for any consequential loss or damage resulting from any breach of contract or warranty, including breach of an essential term, and the Seller’s liability is limited to the order price of the Product or such amount of the order price as has been paid as at the date of the alleged breach.

Prices

Prices quoted in any order apply to that order only and do not apply in any other circumstances. All prices include the Goods and Services Tax (GST). 

Payment

All invoices are payable upon receipt. Time is of the essence for all the Customer’s obligations. Risk in the Product The risk of loss or damage to the Product passes to the Customer on the date and at the time that the Product is removed from storage for the purpose of delivery to the Customer.

Delivery

Any delivery times notified to the Customer are estimates only and the Seller is not responsible for late or non-delivery. If the Customer requests the Seller to postpone delivery of the Product beyond the delivery date or dates specified in the order, the Seller may agree to do so if the Customer pays an additional fee for such postponement and for storage charges. All deliverers will be subject to tracking numbers to the buyer via email.

Controller Limited Warranty

ControllerModzAU controllers are warranted for 12 Months, from the date the controller is received by the original purchaser, against manufacturer’s defects.  ControllerModzAu repairs are warranted for 12 months, from the date the controller is received by the original purchaser, against manipulated and repaired parts ONLY. The warranty is valid only to the original purchaser with a proof of purchase from ControllerModzAU that clearly shows the purchase date. This warranty does not apply to consumable parts, such as batteries or analogue sticks that are designed to diminish over time i.e. stick drift, unless failure has occurred due to a defect in materials or workmanship. 

The ControllerModzAU warranty program does not cover any defects due to accidents, improper care, negligence, normal wear and tear, the natural breakdown of colours and materials over extended time and use, rips, tears, holes, damage caused by use with another product, damage caused by fire, earthquake, liquid contact, or other external cause. Opening of controllers or alteration of ControllerModzAU products will void warranty. The customer’s exclusive remedy for a breach of warranty will be the repair or replacement of the item as determined by ControllerModzAU. The warranty does not affect the legal rights of customers under applicable state or national laws governing the sale of consumer goods.

Apparel and Accessory Warranty

ControllerModzAU apparel and accessories are warranted for 30 days, from the date the item is received by the original purchaser, against defects in material or workmanship. The warranty is valid only to the original purchaser with a proof of purchase from ControllerModzAU that clearly shows the purchase date.
The ControllerModzAU warranty program does not cover any defects due to accidents, improper fit, improper care, negligence, normal wear and tear, the natural breakdown of colours and materials over extended time and use, rips, tears, holes, damage caused by use with another product, damage caused by fire, earthquake, liquid contact, or other external cause. Alteration, misuse, abuse, or installation of additional parts will void this warranty. The customer’s exclusive remedy for a breach of warranty will be the repair or replacement of the item as determined by ControllerModzAU. The ControllerModzAU warranty program does not cover any defects due to improper fit or use. The warranty does not affect the legal rights of customers under applicable state or national laws governing the sale of consumer goods

How to make a warranty claim:

Please refer to our FAQ’s on http://www.controllermodzau.com.au before seeking warranty service. If your item is still not functioning properly after making use of these resources, please contact ControllerModzAU Customer Service at 0404-181-920. A ControllerModzAU representative will help determine whether your product requires service and, if it does, will inform you how ControllerModzAU will provide it. 
Be sure you have your order number, located on your original email invoice, before calling.

Next Steps

Covered Under Warranty- We will cover the cost of all work related to the repairing or replacement of your product. The customer is responsible for shipping the item to our facility along with a returned paid satchel enclosed for return shipping back to customer. All repairs conducted on existing ControllerModzAU controllers come with a warranty period of six (6) months.

Not Covered Under Warranty- If for whatever reason your product is deemed not to be covered under our warranty policy, we will send you an estimate for the cost to repair or replace your product. Once agreed with you, we will send you a repair invoice to be paid upon receipt before any works are commenced. The customer is responsible for shipping the item to our facility and for return shipping back to customer.

Please Note: 
Products or packages mailed directly to ControllerModzAU Headquarters without a repair form or proper department heading clearly labelled on the package will be REFUSED DELIVERY and returned to the sender at their cost. In the event that the controller is transferred or sold to another individual, the warranty shall not be transferable or extended to the new owner

Returns and Exchanges

If you are not satisfied with your purchase, please contact us at info@controllermodzau.com.au within 7 days of receipt of product. Product that have been abused may not be returned under any circumstances. For all other products, if the item is returned in the original packaging, we will exchange it or provide you with a refund based on your original method of payment.
The product must be returned to us within 30 calendar days of the issuance. All products must be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that was included with the product. All returns are subject to a 15% restocking fee. Customised products (featuring a ControllerModzAU Tag, graphic, or name) are subject to a 50% restocking fee. Original freight charges are not refundable. 

Event Return Policy

If you are not satisfied with your purchase, please call Customer Care @ 0404-181-920. We accept returns up to 7 days after purchase date and require purchase receipt. Products that have been abused may not be returned under any circumstances. If the item is returned it must be in the original packaging and shipped to our facility. Return shipping costs will not be covered by ControllerModzAU. 

All returns can be subject to a restocking fee. Original tax charges are not refundable. Refunds are sent by Paypal.

Production Time Policy

All ControllerModzAU controllers are made to order. We allow our technicians 2 weeks to build and test every order. Orders featuring custom artwork, names, or gamer tags will require 4-5 weeks of processing time. 
Please note: Production time may increase during the holiday season (November-January).

Notices

Any notice required under this agreement must be in writing and given by post, facsimile or hand to the Seller or the Customer at the address set out in the schedule or at such other address or facsimile number as is notified in writing by one party to the other. 

Governing law

This contract is governed by the laws of Victoria notwithstanding the place in which the Product or any of them are to be delivered. The Customer and the Seller irrevocably submit to the exclusive jurisdiction of the Courts of Victoria. 

Whole agreement

These terms and conditions and any warranties implied by law which are not capable of being excluded or modified embody the whole agreement between the parties and, subject to the express terms contained in any written order and written acceptance thereof (which will only apply to that particular order), all previous negotiations, representations, warranties, arrangements and statements (if any), whether expressed or implied, including any collateral agreement or warranty, regarding the subject matter or the intentions of either of the parties are merged in these terms and conditions and otherwise are hereby excluded and cancelled. The Customer acknowledges that it has not been induced to enter into this agreement by any representation, advice or information given or made by or on behalf of the Seller.  

Privacy Act authority

For the purposes of assessing the credit-worthiness of the Customer from time to time and the collection of payments, the Customer authorises the Seller, its employees and agents to make such enquiries as they deem necessary including, without limitation, making enquiries of and obtaining reports (as may be allowed by law) from persons nominated by the Customer as trade referees, the Customer’s creditors, bankers and financiers, credit providers, mortgage and trade insurers and credit reporting agencies (“the information sources”). 
The Customer consents to the information sources providing to the Seller such information as is requested by the Seller and permitted to be given by law. The Customer also consents to the Seller disclosing personal information or the contents of any credit report to a credit reporting agency for the purpose of that credit reporting agency creating or adding to any credit information file in relation to the Customer.  
ControllerModzAU follows the Australian Privacy Principles, and Principle 7 “Direct Marketing” specifically applies.  Your contact details may be used to tell you about special offers and other products from ControllerModzAU and other selected companies. If you do not wish to receive these offers by writing to us within 2 weeks of placing your order at: Privacy Officer, Global Shop Direct, 3 Domain Place Point Cook VIC Australia 3030 or by emailing info@controllermodzau.com.au.