WE ARE MOVING
The store is being relaunched and will have a new URL.
We can still be found in the same place on the MSI homepage.
Please read these Terms of Use carefully before using this web site. If you do not agree to these Terms, then please do not use the Site.
This page (together with our Privacy Policy and Website Terms of Use) tells you information about us and the legal terms and conditions ("Terms") on which Motorola Solutions Australia Pty Ltd("Motorola Solutions") sells to you any of the products ("Products") listed on this web site and other Motorola Solutions web sites that are linked to the Site or affiliated with the Site ("the Site").
These Terms will apply to any contract between Motorola Solutions and you for the sale of Products to you ("Contract") through any order that you make on the Site. Please read these Terms carefully and make sure that you understand them, before ordering any Products from the Site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from the Site. We amend these Terms from time to time as set out in Clause 6. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
1.1 The images of the Products on the Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
1.2 The packaging of the Products may vary from that shown on images on the Site.
2.1 Your use of the Site is governed by our Web Site Terms of Use. Please take the time to read these, as they include important terms which apply to you.
3.1 We only use your personal data in accordance with our Privacy Policy. Please take the time to read our policy, as it includes important terms which apply to you.
4.1 You confirm that you have authority to bind any business on whose behalf you use the Site to purchase the Products.
5.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
5.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in this clause.
5.3 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date, we will follow-up by e-mail.
6.1 We may revise these Terms as they apply to your order from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
6.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
7.1 If you would like to submit a request for refund or return of a Product, this must be made in accordance with our Return Policy.
8.1 You will receive an email with an estimated delivery after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control (please refer to Clause 14).
8.2 Delivery of an order shall be completed when we deliver the Products to the address you gave us.
8.3 All risks in the Products shall pass to you upon delivery of the Products in accordance with this Clause 8.
8.4 Title to the Products shall not pass to you until we receive payment in full due to us for the sales of Products (including all applicable delivery charges).
8.5 All Intellectual Property Rights (as defined below) in the hardware and software of any Product are reserved and shall at all times remain vested in Motorola Solutions or the manufacturers of the Product. For the purposes of this Clause, “Intellectual Property Rights” shall mean patents, utility models, rights to inventions, copyright and neighbouring and related rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
9.1 We do not deliver to addresses outside Australia and an order for Products must be made within Australia.
10.1 The prices of the Products will be as quoted on the Site in Australian dollars at the time you submit your order. Prices for our Products may change from time to time, please visit the Site regularly for the latest pricing information.
10.2 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
11.1 You can only pay for Products using a credit card. We only accept Visa and Mastercard cards.
11.2 Payment for the Products and all applicable delivery charges is in advance. We will not charge your credit card until we dispatch your order.
11.3 You authorise and agree that your credit card payment will be submitted to and processed by Stripe or other service providers engaged by us from time to time.
11.4 You agree that you will submit to us or our online payment agent information reasonably requested by us or our online payment agent for the purposes of authorising and verifying your credit card purchases. You hereby represent and warrant that you are the legitimate holder of the credit card that you use for payment of the Products.
11.5 You agree to pay for every order made under your login account or credit card through the Site to purchase our Products and you agree to indemnify us for any losses, liabilities, damages or costs arising directly or indirectly from the actions of any persons using your login account or credit card to place such order for our Products.
12.1 You should refer to further details in our terms and conditions for product warranty for any repair and maintenance service of the Products.
13.1 We only supply the Products for your internal business use by your business, and you agree not to use the Product for domestic and private use and any resale purposes.
13.2 Nothing in these Terms limits or excludes our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation; and
any breach of the terms and responsibilities controlled by the Australian Competition and Consumer Commission.
13.3 Subject to Clause 13.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
13.4 Subject to Clause 13.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products paid by you.
13.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into the Contract by statute, common law or otherwise is excluded to the fullest extent permitted by law.
13.6 You undertake to indemnify and hold us, and our directors, officers, agents and employees (“Personnel”) harmless from and against all losses, liabilities, damages, costs and expenses incurred or suffered by us or the Personnel arising directly or indirectly from your breach of any provisions of the Contract.
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.
14.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation an Act of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract, our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
15.1 You may contact us at anzwebstore@motorolasolutions.com.
15.2 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid post or other next working day delivery service or e-mail.
15.3 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid post or other next working day delivery service, at 9.00 am on the second Business Day (as defined below) after posting or if sent by e-mail, one Business Day after transmission.
15.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15.5 For the purposes of this Clause, “Business Day” shall mean any day other than a Saturday or a Sunday on which registered banks are open for business in Australia.
15.6 The provisions of this Clause shall not apply to the service of any proceedings or other documents in any legal action.
16.1 We may by notice in writing to you cancel or suspend the Contract with immediate effect on or any time after the occurrence of the following events:
(a) You fail to perform any of your obligations under the Contract and in the case of a failure that is capable of remedy without loss to us, such failure is not remedied to our satisfaction within 14 days of request;
(b) You become insolvent or is unable to pay your indebtedness as it falls due, or an order is made, resolution passed or other step taken by any person for your winding up or dissolution, or an administration order is given or a scheme of arrangement proposed or an arrangement or composition with your creditors generally is made; or
(c) There is a material adverse change in your financial condition or operations which in our opinion may result in your inability to perform your obligations in full in accordance with the Contract.
The exercise of such right of termination or suspension shall be without prejudice to any other right or claim which we might otherwise have against you. On termination of this Agreement, any further rights and obligations of the Contract shall immediately cease (other than those obligations which require performance after the termination of the Contract, including but not limited to provisions on limitation of liability, indemnity, governing law and dispute resolution under these Terms, which shall survive termination but such termination shall not affect the accrued rights and obligations under the Contract as at the date of termination.)
16.2 If any provision of these Terms is inconsistent with any provisions of the Dispatch Confirmation, Privacy Policy and the Web Site Terms of Use, these Terms shall prevail.
16.3 These Terms, the Dispatch Confirmation, Privacy Policy and Web Site Terms of Use constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
16.4 You acknowledge that in entering into the Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them or our Privacy Policy or Web Site Terms of Use.
16.5 You shall not assign, transfer or sub-license your rights or obligations under the Contract to another person without our prior written approval. We may transfer any of our rights and obligations under the Contract without notice to you.
16.6 If any provision of the Contract is, or becomes, unenforceable, illegal or invalid for any reason, the relevant provision shall be deemed to be modified or amended to the extent necessary to remedy such unenforceability, illegality or invalidity or if this is not possible then such provision shall be severed from the Contract, in either case without affecting the enforceability, legality or validity of any other provisions of the Contract.
16.7 If we fail to insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.8 The Contract is governed by the laws of the State of Victoria. You and we both agree that the courts of Victoria shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).
These Terms & Conditions are subject to change without notice. Last Update: September 2016