Intex International Terms & Conditions

By accessing or using this website, you agree to the terms of use of our website, which are set out below. The Terms of Use include our Legal Disclaimer and our Privacy Policy, and any other terms or conditions on this website.
By continuing to use our website you accept the Terms of Use and any changes as they apply from time to time.
Terms of Use
You and Your means the user of the Intex website.
Our, Us, and We means Intex International Pty Ltd trading as Intex Australia, Intex New Zealand, Intex UK & Intex USA.
Your access to and use of the Intex website is subject to these terms, our Legal Disclaimer, Security Policy and Privacy Policy.
The policies on this website apply to this website which is operated by Total Tools, under the domain names intex.com.au, intex.co.nz, intex.uk, intex.us and other associated Intex websites and online stores.
These policies may also apply to products and services offered by Intex on websites hosted by third parties. If so, express reference to these policies will be made on those websites.
As the Intex website develops, we will continue to provide you with better and more customised services and with more effective websites. Intex encourages you to review the Security and Privacy Policy periodically because the Security and Privacy Policy may change from time to time.
You must use the Intex websites in accordance with the Terms of Use.

1. You must not
   1. Use Intex websites for any activities, or post or transmit to or via websites any information or materials, which breach any laws or regulations, infringe a third party's rights or privacy, or are contrary to any relevant standards or codes;
   2. Use websites in a way, or post to or transmit to or via websites any material, which interferes with other users or defames, harasses, threatens, menaces or offends any person or which inhibits any other user from using or enjoying the websites;
   3. Use the websites to send unsolicited commercial or bulk electronic mail messages to anyone;
   4. Make any fraudulent or speculative enquiries, bookings, reservations or requests using the websites;
   5. Use another's User Credentials or name without their permission;
   6. Provide false information when registering or changing your registration details;
   7. Impersonate another person when using this website;
   8. Post to or transmit to or via the websites any obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings;
   9. Tamper with, hinder the operation of or make unauthorised modifications to the website;
   10. Knowingly transmit any virus or other disabling feature to or via the website; and
   11. Attempt any of the above acts or permit another person to do any of the above acts.
2. Links to Other Websites
   1. This website may contain links to other websites, content or resources, which are owned or operated by third parties. These linked websites are not under our control and we are not responsible for the operation, availability or contents of any linked website or any link contained in a linked website. We provide these links to you for convenience only and the inclusion of any link does not imply our endorsement of the linked website. You access linked websites at your own risk.
   2. We reserve the right to prevent third parties from linking to this website.
3. Terms of Sale
   1. Prices shown are in Australian dollars and include GST where applicable on intex.com.au, New Zealand Dollars and include GST where applicable on intex.co.nz, British Pounds on intex.uk and United States Dollars on intex.us.
   2. Prices are subject to change.
   3. Images of products shown without any advertised price beside that image are not offered for sale to you.
   4. Unless otherwise stated, any accessories shown in any image of products are not included in the price. We reserve the right to correct any errors published on the website.
   5. Special order products which need to be backordered from a supplier cannot be cancelled unless the supplier allows Intex to do so without incurring any costs.
   6. The sale of knives, blades, axes and other dangerous products may be subject to minimum age requirements and may be restricted to click-&-collect orders and/or in-store only purchases where photo ID may be required to complete the transaction.
4. Website Information
   1. This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010, which include a right to return the product if it is different to the Product Description and, depending on the nature on the difference to the Product Description, rights to return the product for a replacement or refund or compensation for the difference between the Product Description and the product you receive.
   2. Each product purchased is sold subject to its Product Description. We will take reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto our system. Although we aim to keep the website as up to date as possible, the information, including Product Descriptions, appearing on this website may or may not change from time to time. We do not represent or warrant that the information will be correct, current, or complete and may contain technical inaccuracies or typographical errors.
   3. We reserve the right to withdraw any products from this website at any time and/or remove or edit any materials or content on this website without notice.
   4. Photographs of goods are for illustrative purposes only and while we do our best to ensure they match the product description, they may vary from the goods described. Images may include additional elements for demonstration purposes e.g. saw blades, saw stands and other accessories.
5. Payment
   1. All payments must be made in full prior to collection or delivery.
   2. Payments must be made via Stripe, PayPal or other secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers.
6. Refusal of Transaction
   1. Acting reasonably, we may refuse to process a transaction or refuse service to anyone at any time. We will not be liable to you or any third party by reason of our withdrawing any product from this website, removing or editing any materials or content on the website, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
7. Orders
   1. Please choose carefully. We recommend you carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order.
   2. You and Intex may enter into a contract for the sale and supply of products by you making an offer via the website to purchase a product at the price advertised on the website by:
      
      • Placing an electronic Order for the products using the website; You confirming the Order details in accordance with the procedure on the website; You making payment in full (plus any applicable delivery charges) on the website; and The acceptance of that offer by Intex.
   3. When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the product(s) only when:
      
      • - the electronic instruction containing the offer from you enters and is recorded in our database;
      • a record is created and stored in our database; and
      • Intex receives in its account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.
8. You acknowledge that
   1. The transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by Intex for reasons beyond either parties' reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website provider or systems;
   2. To the extent permitted by law, Intex is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;
   3. Intex may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and
   4. Intex may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
   5. You will receive an email from Intex as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact us via our website.
   6. If your Order is not accepted by Intex, Intex will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.
   7. Intex may, acting reasonably, accept or reject any offer made by you, including due to an error in the advertised price for, or description of, the products on the website, or an error in your Order.
   8. Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If Intex cannot supply a particular product, Intex will notify you by telephone or email as soon as possible.
   9. Alternatives and substitutes may be offered if a product or service cannot be supplied. Intex does not guarantee the value of the substitute product or service. Offers exceeding the original may incur an additional fee to bring the payment to full payment.
   10. You have the right to refuse the substitute product/service only, not the entire order.
   11. Intex will be deemed to have accepted your Order on the first to occur either of: issue to you by email of a tax invoice for the sale or the fulfilment of your Order.
9. Supply & Delivery
   1. Subject to you complying with these Terms and acceptance of your Order by Intex, Intex will sell and supply the products to you as shown on your Order confirmation.
   2. Intex aims to despatch all orders within 1-2 days. In the unlikely event that this is not possible you will be contacted at the earliest opportunity.
   3. Any non-standard delivery conditions for the destination location(s) needs to be disclosed in full to Intex in the notes section of checkout. Any undisclosed conditions which may effect the delivery may incur an increased invoiced amount.
10. Orders for Delivery by Courier
    The terms of this clause apply where you select to have your goods delivered to a specified address.
    1. The delivery address must be an address cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes or parcel lockers.
    2. On acceptance of your Order by Intex, Intex will aim to despatch to your specified delivery address generally within 1-2 days.
    3. You will be required to be available in person to accept delivery of your Order.
    4. Intex will use its best endeavours to deliver your Order within any stated timeframes for despatch, however Intex does not warrant that these timeframes will always be met, as many factors may affect these timeframes.
    5. Intex cannot and will not accept responsibility for delivery failures or delays by our third-party delivery contractor.
    6. Items and shipments may be deemed Bulky, Large or Heavy. I which case special rates may apply.
    7. For extremely remote locations or islands, additional delivery prices may apply.
    8. In the event that the delivery cost for your order increases after your purchase, we will notify you via email. You have the right to reject this increase. If you reject the new delivery cost, your entire order will be cancelled and a full refund will be issued, provided you comply with the conditions in Clause 9.3.
11. Deliveries That Require a Forklift or Loading Dock
    
    1. If you are ordering a large item that requires a forklift or loading dock for delivery and you have these facilities available for the delivery, please note them in the notes section of checkout. In some circumstances this may reduce your delivery charge as we will not need to cater for these requirements in manual unloading.
       
       • Please note, if you confirm that a forklift or loading dock is available but when the delivery arrives it is not (and this is not caused by our conduct), the delivery will be aborted and you will be charged a re-delivery fee.
       • Your original delivery charges will not be refunded unless the need for re-delivery was caused by our conduct.
12. Title & Risk in Goods
    Title in the products passes to you once payment has been finalised and risk, such as loss and damage to the products, passes to you on delivery or collection, as the case may be.
13. Payment Fraud
    1. The website employs Stripe, PayPal and other secure payment gateways to secure our payment systems. We reserve the right to request additional identification from customers, and to reject orders where the ID is not supplied or does not meet our criteria.
    2. To the extent permitted by law, Intex will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card or PayPal account is fraudulently used or is used in an unauthorised manner.
14. Disclaimer, Limitation of Liability and Indemnity
    1. We do not represent or warrant that the functions within this website will be uninterrupted or error-free or that the website or the server that makes this website available is free of viruses or other harmful elements.
    2. Nothing in these Terms and Conditions is intended to exclude, restrict, or modify rights which you may have under any local law (including the Australian Consumer Law (ACL), and consumer guarantees relating to goods or services under the ACL) which may not be excluded, restricted or modified by agreement, and NZ Consumer Guarantees Act 1993 (CGA) and the NZ Fair Trading Act 1986 (FTA). To the extent that products supplied to you are not of a kind ordinarily acquired for personal, domestic or household use or consumption, we limit our liability to the replacement of the product, the repair of the product, the payment of the cost of replacing or acquiring equivalent goods, or the payment of having the product repaired, at our election, to the extent the ACL allows.

Goods supplied by Intex International PTY LTD ABN 95 919 466 212 (Trading and referred to hereafter as Intex International) are supplied upon the following terms and conditions and not otherwise and Intex International expressly rejects any conditional sales order placed by the purchaser.

1. A contract is formed when Intex International has received an order and either send the purchaser a written acceptance or dispatches goods pursuant to the order.
2. Staff training and education.
3. The price is that quoted by Intex International in respect of the particular order and not in any brochure or other product information published. Prices are ex-warehouse and are subject to GST where applicable. The purchaser shall arrange to bear the cost of delivery, freight and insurance unless otherwise negotiated by Intex International.
4. Despatch dates will be observed subject to Intex International ability to affect transport by available means.
5. No claims in reference to items covered by the invoice will be recognized unless made within 7 days of delivery. Invoice number and date must be quoted with all claims.
6. Payment is to be made within 30 days following the month in which the invoice is rendered and if not paid as aforesaid Intex International may charge interest of 2.5% per month applicable to it commencing at the date of invoice. If it becomes necessary to use the service of a debt collection agency or to institute legal proceedings to recover unpaid debts to Intex International all discounts showing on unpaid invoices become null and void and the total list price showing becomes payable.
7. The purchaser is liable for all costs and expenses of any nature whatsoever that are incurred by reason of the purchaser failing to make payment of an account by the due date for payment. This is not restricted to but includes debt collection commission and any other contingent expenses and legal costs incurred by Intex International for the enforcement of obligations and recovery of monies due from the purchaser to Intex International.
8. Unless prevented by statute all implied terms, conditions and warranties are excluded. Intex International guarantees that the products will be free of defects but is not responsible for the use or misuse of the goods or the installations thereof by the purchaser or third party. The purchaser’s remedy for any breach of condition warranty or condition of goods shall be limited at the discretion of Intex International to the replacement of the goods and shall not include any consequential loss or damages in the event of any defect in or failure of goods.
9. All goods are supplied subject to retention of title. The goods remain the property of Group until complete payment of all claims due to Intex International arising from all business transactions between Intex International and the purchaser. Prior to use or resale of goods, the purchaser shall maintain them in an identifiable condition in store or on site. The purchaser may resell the goods in the ordinary course of business subject to maintaining Intex International rights against the goods and acting as fiduciary in recovering payment of the goods and segregating such proceeds for the account of Intex International until Intex International is paid in full. The purchaser assigns to Intex International any claims or rights against sub-purchasers in order to enable Intex International to make a full recovery of monies owed to it in respect of the goods. In the event of failure of the purchaser to pay for the goods or in the event of the appointment of a receiver and manager, liquidator, agent in possession or execution of distress Intex International may enter the purchaser’s premises or elsewhere where the goods are stored or installed and recover them or to appoint an agent in writing to do so and the purchaser acknowledges and guarantees such right of entry during normal business hours.
10. The Purchaser acknowledges that the retention of title is a security interest as defined in the Personal Property Securities Act 2009. (PPSA). The customer undertakes to promptly sign any necessary document and provide any further information that may be reasonably required to register the Security Interest on the Personal Property Securities Register. The customer agrees that Sections 96, 115, and 125 of the PPSA do not apply to the Security Interest created by these terms and conditions.
11. All monies clause. In the event of the customer defaulting in any of the terms of this agreement including the payment of all monies due under this agreement, then Intex International shall have the right (without giving notice) to take possession of any Intex International  goods supplied to the customer, and the customer hereby authorizes and allows Intex International  or its representative, servant, agent, or employee to enter the premises upon which the goods are housed or stored for the purpose of retaking possession of same, and Intex International  shall not be liable for any costs, loses, damages or any other monies or losses suffered by the customer as a result of Intex International  retaking possession of the goods. If the purchaser defaults in payment of any amount owed to Intex International , the purchaser specifically authorises Intex International  to lodge a Caveat against any dealings with any such property and I/we declare that the proper law of this guarantee shall be the law of the State of Victoria and that any proceedings taken by Intex International  may be taken in the Courts of the State of Victoria.
12. The customer hereby acknowledges and agrees that the supplier has a Lien overall goods in its possession belonging to the customer to secure payment of any or all amounts outstanding from time to time. The customer hereby charges all property both equitable and legal of the customer in respect of any monies that may be hereinafter owing to the supplier under this contract by the customer or otherwise and hereby authorises Intex International to register a Caveat over any real property owned by the customer at any time, or to register this charge over assets of the customer with the Australian Securities Commission.
13. Sales are governed by the law of Victoria. All disputes arising hereunder will be dealt with in the courts of Victoria and courts hearing appeals therefrom.
14. Intex International does not waive any of its strict legal rights in respect of these conditions or the goods and shall not be bound by any waiver made by its servants and agents on a particular occasion.
15. The purchaser hereby releases, indemnifies and defends Intex International from and against any losses, liabilities, claims, suits and costs caused by or arising out of the way in which the goods are packaged if the goods and any packages or containers in which they are contained are made in compliance with the purchaser’s design or specification.
16. Intex International will not be responsible for any delay in or failure of performance of supply or delivery of goods caused by circumstances beyond its control including, but not limited to, strikes, lock-outs, labour disturbances, Act of Government, riot, civil war, commotion, fire, flood, failure of power supply or similar event and shall not be liable for any consequential loss, damage, expense or claim suffered by the purchaser or any other party as a result of any such event.
17. Intex International may in its absolute discretion accept the return of standard products (but not special products) to credit of the purchaser provided that such products are returned to its warehouse unused, undamaged and in unmarked original packaging before the expiry of 60 days after their delivery to the purchaser and the purchaser agrees to pay a handling and administration charge equal to 15% of the price. No returns of special products will be accepted. No goods will be accepted without a Goods Return Authority Number from this company. Invoice number and dates must accompany all claims. See Returns & Warranty details here
18. Invoices of all products (excluding spare parts) with a before GST value of less than $75.00 will be invoiced at full list price with discounts being null and void.
19. Goods not supplied on the original order will be back ordered and held at the discretion of Intex International unless advised otherwise and will be forwarded when stock is available or when next order is placed.
20. Goods supplied in quantities less than the advertised and specified pack sizes or in broken packs will be subject to a surcharge of 10% at the discretion of Intex International
21. These conditions will not be varied unless Intex International agrees in writing.