1. About These Terms

AUSCOM Computers & Controls is operated by Austin Fyson Holdings Pty Ltd, ABN 82 618 908 697.

In these terms, “AUSCOM”, “AuscomTech”, “we”, “us” and “our” refer to AUSCOM Computers & Controls and Austin Fyson Holdings Pty Ltd.

“Customer”, “you” and “your” refer to the individual, business or organisation purchasing or attempting to purchase Products from us.

“Products” means goods, electronic components, modules, development boards, tools, equipment, accessories or other items offered by us.

Related Policies

These Terms and Conditions should be read together with our:

• 
  Delivery and Shipping Policy
  
• 
  Easy 60-Day Returns Policy
  
• 
  Product Safety & Regulatory Information
  
• 
  Privacy Policy
  

The Delivery and Shipping Policy controls matters specifically relating to order processing, dispatch, delivery, Australia Post services and local pickup.

The Easy 60-Day Returns Policy controls matters specifically relating to returns, refunds, exchanges and voluntary change-of-mind eligibility.

The Product Safety & Regulatory Information page provides further information concerning the safe handling, installation and use of electronic Products.

The Privacy Policy separately explains how we collect, use, disclose and protect personal information.

If there is an inconsistency between these terms and a specialist policy concerning the subject covered by that policy, the specialist policy applies to that subject. Applicable law prevails over all website policies.

Marketplace Orders

Purchases made through eBay or another third-party marketplace are also subject to the applicable Product listing, shipping option selected during checkout, marketplace terms and mandatory marketplace policies.

Where a mandatory marketplace requirement applies to a transaction, it applies alongside these terms and prevails to the extent of any unavoidable inconsistency.

2. Product Information

We take reasonable care to ensure that Product titles, descriptions, photographs, specifications, dimensions, pin information, compatibility information and prices are accurate when published.

Product Images and Manufacturing Variations

With many electronic Products, manufacturers may make design and production changes as frequently as each production batch.

Variations may include:

• PCB colour or surface finish;
• Silkscreen colour, wording or positioning;
• Component brands or manufacturers;
• Component positioning or board layout;
• Connector or terminal colour;
• Connector position or orientation;
• Chip markings or chip revisions;
• Packaging or labelling;
• The physical position of pins or connections; and
• The sequence or order of pins and connections.

For example, one production batch may use the pin order
VCC, GND, SCL, SDA,
while another batch of the same Product may use
GND, VCC, SCL, SDA.

Product images are representative only and may show a sample from a different production batch rather than the exact individual item that will be dispatched.

Unless specifically stated in the Product listing, we do not guarantee an exact PCB colour, component brand, board layout, chip revision, pin sequence, connector orientation or silkscreen design.

The Product supplied will remain materially consistent with the advertised model, intended function and stated technical specifications, although its physical layout or connection order may differ from the images shown.

If a particular PCB layout, chip version, pin order, connector position, component brand or other physical detail is essential to your application, please contact us before ordering so that we can inspect and confirm the current stock.

Nothing in this section limits your rights where a Product is materially different from its description, does not perform the advertised function or otherwise fails to meet an applicable consumer guarantee.

Accessories and Demonstration Items

Product images may show a Product connected to a development board, cable, power supply, sensor, enclosure, battery, ruler, tool or other equipment for demonstration, testing or scale.

Only the Product, quantity, accessories and components specifically stated as included in the Product listing are supplied.

Demonstration equipment and surrounding items shown in photographs are not included unless expressly stated.

Colours, Dimensions and Measurements

Colours displayed on a screen may vary slightly because of lighting, photography, screen settings and manufacturing batches.

Dimensions stated in a Product listing may be nominal and subject to normal manufacturing tolerances unless they are expressly identified as exact or critical dimensions.

If exact dimensions, mounting-hole positions, connector orientation or another physical measurement is essential to your application, please contact us before ordering so that we can confirm the current stock.

If there appears to be an inconsistency between a Product image, title, description, selection option or specification, please contact us before purchasing.

Compatibility and Product Selection

Customers should confirm that a Product is suitable for the intended voltage, current, dimensions, interface, operating environment, software platform and application before installation or modification.

Any recommendation or compatibility guidance is based on the information available to us and the information supplied by the customer.

Unless we expressly confirm suitability after being told the relevant requirements, the customer remains responsible for independently checking and validating the Product for the intended application.

This does not limit any right that arises where a customer makes a particular purpose known to us and reasonably relies on our skill or judgement.

Installation and Use

Many Products sold by AUSCOM are electronic components or development Products requiring appropriate technical knowledge to install, wire, configure, program and operate safely.

A failure or damage may not be covered where it was caused by:

• Incorrect wiring or installation;
• Failure to check the markings or pin sequence on the actual Product supplied;
• Reversed polarity;
• Excessive or unsuitable voltage or current;
• Short circuits or overloading;
• Electrostatic discharge;
• Water, corrosion or contamination after delivery;
• Physical or accidental damage;
• Unauthorised alteration or repair;
• Use outside the published specifications; or
• Unreasonable misuse or neglect.

This applies only where the customer’s actions caused or contributed to the problem. It does not exclude rights relating to a fault, defect or inaccurate description that existed when the Product was supplied.

Example Code and Technical Information

Example code, wiring diagrams, tutorials, technical notes and troubleshooting information supplied by us are provided as general assistance.

Customers should review, test and validate all code, connections, pin assignments, component values and settings before using them in a completed project or production system.

Example material may require modification for different boards, production batches, pin layouts, software versions, libraries, operating conditions or Product revisions.

Manuals, Datasheets and Online Resources

Many Products sold by AUSCOM are individual electronic components, modules, development boards or accessories rather than complete consumer appliances.

Unless a Product listing specifically states that a printed manual is included, Products may be supplied without a printed instruction manual.

Available setup and technical information may instead be provided through:

• The Product description on our website or marketplace listing;
• Manufacturer datasheets or online documentation;
• Pin labels and markings printed on the Product;
• Wiring diagrams, example code or tutorials supplied by AUSCOM;
• Relevant software-library documentation; or
• Other publicly available technical resources.

Customers may contact us for assistance locating available manuals, datasheets, wiring information, example code or other supporting documentation.

We will make reasonable efforts to provide or identify suitable documentation where it is available. However, a dedicated manufacturer manual or datasheet may not exist for every generic component, module, production batch or supplier version.

Online documentation and third-party resources may be updated, relocated or removed by their respective publishers and may relate to a different production revision.

Where specific instructions, warnings or precautions are supplied or identified for a Product, customers should read and follow that information before installation or operation.

Please contact us before using a Product if the available instructions are unclear or appear inconsistent with the markings on the Product supplied.

Nothing in this section limits any right or remedy available under the Australian Consumer Law.

Product Safety and Regulatory Information

Many Products sold by AUSCOM are electronic components, development modules or prototyping Products that require appropriate technical knowledge, installation and safety precautions.

Customers must use Products within their stated voltage, current, temperature, environmental and other technical ratings and must follow all Product-specific warnings and instructions.

Further information concerning electrical safety, batteries, wireless Products, educational use and integration into completed projects is available in our

Product Safety & Regulatory Information
.

Nothing in that information transfers, excludes or limits any obligation applying to AUSCOM as a supplier or any right or remedy available under applicable law.

Safety-Critical Applications

Unless expressly stated otherwise in the Product documentation, Products are not designed or certified to act as the sole safety device in medical, life-support, aviation, emergency-shutdown, vehicle-safety or other safety-critical applications.

Appropriate independent safeguards, engineering review, testing and regulatory approvals must be used where failure could cause injury, loss of life or significant property damage.

3. Orders and Acceptance

Placing an order is an offer by the customer to purchase the Products listed in the order at the displayed price, subject to these terms.

An automated order confirmation, payment notification or order-received email confirms that we have received the order. It does not necessarily mean that the order has been accepted.

An order is accepted when we:

• Send a dispatch confirmation;
• Advise that a local pickup order is ready;
• Expressly confirm acceptance; or
• Otherwise begin fulfilling the order.

Before acceptance, we may decline an order in whole or in part where reasonably necessary, including where:

• A Product is unavailable;
• A genuine pricing or listing error has occurred;
• Payment is declined, reversed or cannot reasonably be verified;
• Fraud, card testing, account misuse or unauthorised activity is suspected;
• The supplied address is incomplete, invalid or unsuitable for the selected delivery service;
• The quantity ordered exceeds available stock or a reasonable purchase limit;
• A Product or destination is subject to a legal, safety, Australia Post or import restriction; or
• We are otherwise unable to lawfully or reasonably fulfil the order.

If an order or part of an order is declined after payment has been received, the affected amount will be refunded using the original payment method unless another method is agreed.

Customer Cancellations and Changes

Please contact us as soon as possible if you need to cancel or change an order.

We will assist where reasonably possible before the order enters packing or dispatch, but we cannot guarantee that a cancellation, address change or Product change will be possible once fulfilment has begun.

Once an order has been dispatched, any request to return it will be handled under our Easy 60-Day Returns Policy and applicable law.

4. Stock Availability, Backorders and Special Orders

Product availability may change without notice. An item may occasionally become unavailable before the website stock quantity has been updated.

Clearance, discontinued, sale and end-of-line Products may be available only in limited quantities and may not be obtainable again once sold.

If a Product becomes unavailable after an order is placed, we may contact the customer and offer:

• A suitable alternative;
• A backorder, where available;
• Partial dispatch with a refund for the unavailable Product; or
• Cancellation and refund of the affected Product or order.

We will not substitute a materially different Product without the customer’s agreement.

If we cannot obtain instructions after making reasonable attempts to contact the customer, we may dispatch available Products and refund unavailable Products where doing so is reasonable and does not disadvantage the customer.

Backorders

Any supplier or availability date given for a backordered Product is an estimate unless expressly stated otherwise.

We will provide updated information where we become aware of a material change to an expected availability date.

Special-Order and Custom Products

Special-order, custom-made, programmed, configured, modified or personalised Products may require a deposit or full payment before procurement or work begins.

Any special cancellation conditions will be disclosed and agreed before the order is accepted.

Special-order or customised Products may be excluded from voluntary change-of-mind returns but remain covered by applicable consumer guarantees.

Any substantial arrangement for us to procure, warehouse or hold stock specifically for a commercial customer should be recorded in a separate written agreement setting out quantities, pricing, purchase commitments and storage arrangements.

5. Pricing, GST and Payment

Unless otherwise stated, website prices are displayed in Australian dollars and include Australian GST where applicable.

Delivery charges and any other applicable charges will be displayed or advised before the order is completed.

Payment must be made in full during checkout unless we have separately agreed to written credit or account terms.

We may delay acceptance or dispatch until payment has been received, cleared and reasonably verified.

A tax invoice or order invoice will be supplied electronically or made available through the customer account where applicable.

Payment Providers

Online payments are processed by the payment provider displayed during checkout.

Payment providers may conduct their own security, identity, fraud and transaction checks under their applicable terms and privacy policies.

A payment appearing as pending or authorised does not necessarily mean that it has been finally received or cleared.

Pricing and Listing Errors

Despite our reasonable efforts, a Product price, discount, description, stock quantity or shipping charge may occasionally be incorrect because of a data-entry, supplier, software, feed or system error.

If we identify a genuine error before accepting or dispatching the order, we will contact the customer and offer the choice of:

• Proceeding at the corrected price or on the corrected terms;
• Selecting a suitable alternative; or
• Cancelling the affected Product or order for a refund.

We will not charge an additional amount without the customer’s agreement.

6. Promotions, Coupons and Discounts

Promotions, coupon codes, discount codes, free gifts and other offers are subject to any specific conditions displayed with the offer.

Unless the offer states otherwise:

• Only one promotional code may be used per order;
• Promotions cannot be combined with another offer or discount;
• Discounts cannot be applied retrospectively;
• Offers may be limited by time, stock, customer, Product or minimum-spend requirements;
• Free-shipping offers apply only to eligible delivery methods and destinations; and
• A promotional code has no cash value and cannot be exchanged for cash.

Where a discount is allocated across multiple Products, any refund will be based on the amount actually paid for the returned Product.

If a free gift was conditional on a qualifying purchase and the qualifying purchase is returned under our voluntary change-of-mind policy, we may require the unused free gift to be returned where this condition was disclosed as part of the promotion.

Promotional conditions do not limit rights under the Australian Consumer Law.

7. Shipping, Delivery and Local Pickup

Processing, dispatch, Australia Post services, delivery estimates, tracking, delayed orders, Parcel Locker restrictions, international delivery and local pickup are governed by our

Delivery and Shipping Policy
.

The Delivery and Shipping Policy in effect when an order is placed forms part of the terms applying to that order.

Delivery dates supplied by Australia Post, our website or an online marketplace are estimates unless we expressly agree to a guaranteed date.

If an order cannot be supplied within the promised time or a reasonable time, we will investigate and provide an appropriate resolution where required by law.

8. Returns, Refunds and Exchanges

Returns, refunds, exchanges, faulty Products and change-of-mind requests are governed by our

Easy 60-Day Returns Policy
.

Our voluntary 60-day change-of-mind policy is an additional benefit and operates separately from rights under the Australian Consumer Law.

Change-of-mind returns must meet the eligibility and condition requirements stated in the Returns Policy.

The change-of-mind conditions do not apply where a Product is faulty, unsafe, damaged in transit, incorrectly supplied, misdescribed or otherwise fails to meet an applicable consumer guarantee.

9. Trade, Business and Resale Customers

Purchasing Products from us does not, by itself:

• Make the purchaser an authorised AUSCOM or AuscomTech distributor, agent, representative or affiliate;
• Grant permission to use our business name, trademarks or branding;
• Grant permission to copy our original Product photographs, descriptions, diagrams, tutorials or other website content; or
• Authorise the purchaser to make promises or representations on our behalf.

A reseller is responsible for its own Product listings, customer representations, pricing, warranties, legal obligations and after-sales service.

Nothing in this section prevents a reseller from accurately identifying a genuine Product or its manufacturer where permitted by law.

We may discuss volume pricing, ongoing supply arrangements or customer-specific stock under a separate written commercial agreement.

10. Customer Accounts and Website Use

Customers must provide accurate and complete information when placing an order or creating an account.

Customers are responsible for keeping account credentials secure and should contact us promptly if they believe an account has been accessed or used without authorisation.

You must not use our website to:

• Commit fraud or another unlawful act;
• Test stolen, invalid or unauthorised payment details;
• Introduce malware, malicious scripts or harmful code;
• Attempt to gain unauthorised access to an account, server, database or system;
• Interfere with website operation, payment processing or security;
• Impersonate another person or business;
• Submit false or misleading information; or
• Use automated systems in a manner that places an unreasonable load on the website or breaches applicable law.

We may suspend or restrict an account, order or website session where reasonably necessary to investigate suspected fraud, malicious activity, security risks or unlawful conduct.

Any restriction will not remove our obligation to address an existing valid order, complaint or legal responsibility.

Website Availability and Errors

We aim to keep the website available and functioning correctly but cannot guarantee uninterrupted or error-free access.

The website may be temporarily unavailable because of maintenance, upgrades, hosting interruptions, security incidents or technical faults.

If a website or system error affects an order, we will take reasonable steps to investigate, correct the error and contact affected customers where necessary.

We will not charge an additional amount or materially alter an accepted order without the customer’s agreement, except where required by law.

11. Intellectual Property

The AUSCOM Computers & Controls and AuscomTech names, original website design, branding, Product photographs, Product descriptions, diagrams, tutorials, code examples and other original content remain our intellectual property or are used by us under licence.

Website content may be viewed and used for personal purchasing, Product selection and legitimate reference purposes.

Content must not be copied, republished, commercially reproduced, scraped in bulk, modified or used to imply an association with AUSCOM without permission, except where permitted by law.

Purchasing a Product does not transfer ownership of our photographs, descriptions, branding, code, diagrams or other website content.

12. Respectful Customer Conduct

We are committed to communicating respectfully and expect customers and other people contacting us to do the same.

Unacceptable conduct includes:

• Threats of violence, intimidation or harassment;
• Abusive, discriminatory, obscene or degrading language;
• Repeated contact at an excessive or unreasonable frequency;
• Sending duplicate demands to multiple people after a matter has been assigned;
• Demanding responses within an unreasonable timeframe;
• Spam, phishing or unsolicited marketing; or
• Attempts to threaten, manipulate or improperly pressure staff or contractors.

Where reasonably necessary, we may limit communication to a particular channel, end an abusive conversation, block an account or refuse future service.

Any communication restriction will not remove our obligation to address an existing order, valid complaint, consumer guarantee claim or other legal responsibility.

Serious threats, fraud or unlawful conduct may be reported to the relevant platform, financial institution, regulator or law-enforcement authority.

13. Personal Information

Information about how we collect, use, disclose, store and protect personal information is available in our

Privacy Policy
.

We use personal information where reasonably necessary to process orders, receive payments, arrange Australia Post delivery, provide customer support, prevent fraud and meet legal obligations.

The Privacy Policy also explains how customers may request access or correction or make a privacy complaint.

14. Australian Consumer Law and Liability

Depending on the circumstances, consumer guarantees may also apply to Products purchased by a business.

Nothing in these Terms and Conditions excludes, restricts or modifies:

• A consumer guarantee;
• A statutory warranty or condition;
• A right to a repair, replacement, refund or other remedy;
• A right to compensation for reasonably foreseeable loss caused by a failure to meet a consumer guarantee; or
• Any other right or remedy that cannot lawfully be excluded or restricted.

Where permitted by law, we are not responsible for loss, damage or failure caused by:

• Incorrect installation, wiring, programming or configuration by the customer or a third party;
• Failure to check the markings, polarity or pin sequence on the actual Product supplied;
• Use outside the Product’s published specifications;
• Unreasonable misuse, neglect or unauthorised modification;
• Failure to follow warnings or instructions;
• Incompatibility that was not disclosed to us and could not reasonably have been known by us;
• A third-party Product, service, platform, network or software system that we do not control; or
• An event outside our reasonable control.

These exclusions apply only to the extent that the relevant loss or problem was caused by the listed event and only to the extent permitted by law.

They do not exclude liability for our own breach, negligence or failure to meet an applicable consumer guarantee where that liability cannot legally be excluded.

To the extent permitted by law, neither party is responsible for indirect or consequential loss that was not reasonably foreseeable and was not caused by that party’s breach.

15. Force Majeure — Events Outside Our Reasonable Control

Neither AUSCOM nor the customer will be responsible for a delay or failure to perform an obligation under these terms to the extent that the delay or failure is caused by an event outside that party’s reasonable control.

Events outside reasonable control may include:

• Severe weather, storms, flooding, bushfire, earthquake or another natural disaster;
• Fire, explosion or major damage to premises, stock or infrastructure;
• Australia Post, freight, transport or aviation disruption;
• Industrial action, strikes or labour disruption outside the affected party’s reasonable control;
• War, terrorism, civil unrest or national emergency;
• Pandemic, epidemic, quarantine or public-health restriction;
• Government action, import or export restriction, sanctions, border closure or customs disruption;
• Widespread power, telecommunications, internet, payment-processing, hosting or software failure;
• A cyberattack or security incident that could not reasonably have been prevented;
• Unexpected supplier or manufacturer interruption that was not reasonably known when the order was accepted;
• A significant shortage of materials, components, transport capacity or essential services caused by an event outside the affected party’s reasonable control; or
• Another comparable event that could not reasonably have been prevented or overcome.

An event is not covered merely because performance has become less profitable, more expensive or inconvenient where the affected party can still reasonably perform the obligation.

The affected party must take reasonable steps to reduce the effect of the event and resume performance as soon as reasonably practicable.

Where reasonably possible, we will inform affected customers of a material delay and provide available information about the expected effect on processing, dispatch or delivery.

An obligation affected by the event may be suspended only for the period and to the extent reasonably necessary because of that event.

Payment obligations for Products already supplied are not suspended merely because of a force majeure event.

If the event prevents us from supplying all or part of an order within the promised time or a reasonable time, we may offer the customer:

• Continued fulfilment once supply becomes possible;
• A revised estimated supply or dispatch date;
• A suitable alternative Product, subject to the customer’s agreement;
• Partial fulfilment and a refund for Products that cannot be supplied; or
• Cancellation of the affected Product or order and a refund of the amount paid for Products that will not be supplied.

The customer may request cancellation of an affected Product where the delay becomes unreasonable in the circumstances or where supply is no longer possible.

Any approved refund will be returned using the original payment method unless another method is agreed.

This section does not excuse a failure caused by a party’s own negligence, lack of reasonable preparation or breach of these terms.

Nothing in this section excludes, restricts or modifies any consumer guarantee or other right or remedy that cannot lawfully be excluded.

16. Changes to These Terms

We may update these Terms and Conditions to reflect changes to our business, website, Products, policies, technology or legal obligations.

Updated terms will apply to orders placed after the updated terms are published.

The terms applying to an existing accepted order will remain those in effect when the order was accepted unless:

• The customer agrees to a change;
• The change benefits the customer without creating a material disadvantage; or
• The change is required by law.

17. General Provisions

Entire Agreement

These Terms and Conditions, the applicable Product listing, checkout information, Delivery and Shipping Policy, Easy 60-Day Returns Policy and any specific written agreement accepted by us form the agreement applying to a direct website order.

The Privacy Policy separately governs the handling of personal information.

Severability

If a provision of these terms is found to be unlawful, invalid or unenforceable, it will be read down or removed only to the minimum extent necessary. The remaining provisions will continue to apply.

No Waiver

A delay or failure by either party to exercise a right does not automatically waive that right or prevent the right from being exercised later.

Governing Law

These Terms and Conditions are governed by the laws of Queensland, Australia.

The parties submit to the jurisdiction of the courts and tribunals of Queensland, subject to any mandatory right to bring a claim in another jurisdiction.

Resolving Concerns

If you have a concern about an order or these terms, please contact us and provide your name, order number and a clear description of the issue.

We will review the matter and attempt to resolve it reasonably and in good faith.

18. Contact Us

For questions about these Terms and Conditions or an existing order, please contact: