LEGAL
Terms & Conditions
Terms governing the supply of goods and services by Airnexus™ Pty Ltd.
Terms governing the supply of goods and services by Airnexus™ Pty Ltd.
Last updated: 30 March 2026
In these Terms and Conditions:
The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these Terms and Conditions if the Client places an order for, or accepts delivery of, the Goods.
These Terms and Conditions may only be amended with the Supplier's written consent and shall prevail to the extent of any inconsistency with any other document or agreement between the Supplier and the Client.
The Client acknowledges and accepts that these Terms and Conditions may be executed by electronic signature, and that such electronic signature shall be binding on the parties as if it were an original signature. This is in accordance with Section 9 of the Electronic Transactions (Victoria) Act 2000.
The Client shall give the Supplier not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client's details (including but not limited to changes in the Client's name, address, contact phone or fax number/s, or business practice). The Client shall be liable for any loss incurred by the Supplier as a result of the Client's failure to comply with this clause.
At the Supplier's sole discretion, the Price shall be either:
The Supplier reserves the right to change the Price if a variation to the Goods originally supplied is requested. Any variation from the plan of scheduled Goods or specifications of the Goods, including but not limited to those relating to modifications requested by the Client, hidden or unidentifiable difficulties, increases in the cost of materials or labour, or additional Goods required, will be charged at the applicable rate.
A non-refundable deposit may be required by the Supplier at its discretion.
At the Supplier's sole discretion, payment for the Goods shall be due on the date specified on the invoice, the date of delivery, or such other date as agreed between the parties. Time for payment is of the essence.
Payment may be made by cash, cheque, bank cheque, electronic/online banking, credit card (different fees or surcharges may apply to different payment methods), or any other method as agreed between the Supplier and the Client. A surcharge of two percent (2%) may be applied to credit card payments.
Unless otherwise stated, the Price does not include GST. The Client must pay to the Supplier an amount equal to any GST the Supplier must pay for any supply by the Supplier under or in connection with these Terms and Conditions. The Client must pay GST at the same time as payment for the supply is required.
Delivery ("Delivery") of the Goods is taken to occur at the time that:
The Client must take delivery by receipt or collection of the Goods whenever they are tendered for delivery. If the Client is unable to take delivery of the Goods as arranged, the Supplier shall be entitled to charge a reasonable fee for redelivery and/or storage.
Any dates quoted for delivery of the Goods are approximate only, and the Supplier shall not be liable for any delay or failure to deliver the Goods. Delivery time shall not be of the essence.
Risk of damage to or loss of the Goods passes to the Client on Delivery, and the Client must insure the Goods on or before Delivery.
If any of the Goods are damaged or destroyed prior to ownership passing to the Client, the Supplier is entitled to receive all insurance proceeds payable for the Goods. The production of these Terms and Conditions by the Supplier is sufficient evidence of the Supplier's rights to receive the insurance proceeds without the need for any person dealing with the Supplier to make further enquiries.
Where the Supplier delivers the Goods to the Client's nominated address and no person is available to accept delivery, the Goods shall be left at that address and the Client shall be deemed to have taken delivery. Any Goods left unattended are at the Client's risk.
The Supplier and the Client agree that ownership of the Goods shall not pass until:
Receipt by the Supplier of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared, or recognised.
It is further agreed that until ownership of the Goods passes to the Client in accordance with this clause:
The Supplier may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Client.
In these Terms and Conditions the following definitions apply in relation to the PPSA:
Upon assenting to these Terms and Conditions in writing, the Client acknowledges and agrees that these Terms and Conditions constitute a Security Agreement for the purposes of the PPSA and create a Purchase Money Security Interest in all Goods that have previously been supplied and that will be supplied in the future by the Supplier to the Client.
The Client undertakes to:
The Client waives the right to receive notices in respect of any verification statement relating to any Financing Statement or Financing Change Statement relating to the Security Interest. To the extent permitted by the PPSA, the Client waives its rights under the following sections of the PPSA: sections 95, 96, 117, 118, 121(4), 125, 130, 132(3)(d), 132(4), 135, 142, and 143.
In consideration of the Supplier agreeing to supply the Goods, the Client charges all of its rights, title, and interest (whether joint or several) in any land, realty, or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these Terms and Conditions (including, but not limited to, the payment of any money).
The Client indemnifies the Supplier from and against all the Supplier's costs and disbursements, including legal costs on a solicitor-and-own-client basis, incurred in exercising the Supplier's rights under this clause.
The Client irrevocably appoints the Supplier and each director of the Supplier as the Client's true and lawful attorney/s to perform all necessary acts to give effect to this clause, including, but not limited to, signing any document on the Client's behalf.
The Client must inspect the Goods on delivery and must, within seven (7) days of delivery, notify the Supplier of any alleged defect, shortage in quantity, damage, or failure to comply with the description or quote. The Client must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes apparent. Upon such notification, the Client must allow the Supplier to inspect the Goods.
The Supplier acknowledges that under the Competition and Consumer Act 2010 (CCA) there are certain guarantees that cannot be excluded. Nothing in these Terms and Conditions purports to modify or exclude the conditions, warranties, and undertakings implied by the CCA and other applicable laws.
To the extent permitted by law, the Supplier's liability for a breach of a non-excludable condition or warranty is limited at the Supplier's discretion to:
Returns will only be accepted provided that:
Where the Supplier has designed, drawn, or developed Goods for the Client, then the copyright in any designs, drawings, and documents shall remain the property of the Supplier. Under no circumstances may such designs, drawings, or documents be reproduced, modified, or communicated to a third party without the Supplier's prior written consent.
The Client warrants that all designs, specifications, or instructions given to the Supplier will not cause the Supplier to infringe any patent, registered design, or trademark in the execution of the Client's order, and the Client agrees to indemnify the Supplier against any action taken by a third party against the Supplier in respect of any such infringement.
Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Supplier's sole discretion, such interest shall compound monthly at such a rate) after as well as before any judgment.
If the Client defaults on any payment due to the Supplier, the Client shall indemnify the Supplier from and against all costs and disbursements incurred by the Supplier in pursuing the debt, including legal costs on a solicitor-and-own-client basis, the Supplier's collection agency costs, and any costs associated with dishonoured cheques.
Without prejudice to any other remedies the Supplier may have, if at any time the Client is in breach of any obligation (including those relating to payment), the Supplier may suspend or terminate the supply of Goods to the Client. The Supplier will not be liable to the Client for any loss or damage the Client suffers because the Supplier has exercised its rights under this clause.
The Supplier may cancel any contract to which these Terms and Conditions apply, or cancel delivery of Goods at any time before the Goods are delivered, by giving written notice to the Client. On giving such notice, the Supplier shall repay to the Client any money paid by the Client for the Goods. The Supplier shall not be liable for any loss or damage arising from such cancellation.
The Supplier may cancel these Terms and Conditions or cancel delivery of the Goods at any time before the Goods are delivered by giving written notice to the Client. On giving such notice, the Supplier shall promptly repay to the Client any sums paid in respect of the Price. The Supplier shall not be liable for any loss or damage whatsoever arising from such cancellation.
In the event that the Client cancels delivery of Goods, the Client shall be liable for any and all loss incurred (whether directly or indirectly) by the Supplier as a direct result of the cancellation (including, but not limited to, any loss of profits).
Cancellation of orders for Goods specifically manufactured, imported, or ordered for the Client is not possible once production or procurement has commenced.
If a dispute arises between the parties, the party raising the dispute must give written notice to the other party setting out the details of the dispute. The parties must then confer within fourteen (14) days of the notice being given to resolve the dispute, failing which either party may refer the dispute to mediation or arbitration.
If the parties are unable to resolve the dispute between themselves within the said fourteen (14) day period, the parties agree that the dispute shall be referred to a single arbitrator to be appointed by the Institute of Arbitrators Australia. The arbitration shall be conducted in accordance with the Institute of Arbitrators Australia rules. The decision of the arbitrator shall be final and binding on both parties.
Unless otherwise agreed, the parties shall continue to perform their respective obligations under these Terms and Conditions during the dispute resolution process.
The Client agrees that the Supplier may obtain from a credit reporting body a credit report containing personal credit information about the Client for the purposes of assessing the Client's application for credit.
The Client agrees that the Supplier may exchange information about the Client with those credit providers named in the Client's credit application, or in a consumer credit report issued by a credit reporting body, for the following purposes:
The Client consents to the Supplier being given a consumer credit report to collect overdue payment on commercial credit. The Client agrees that personal credit information provided may be used and retained by the Supplier for the purposes described above and for the purposes of direct marketing, the provision of Goods, and the marketing of the Supplier's services.
The Client has the right to request access to their personal information held by the Supplier and to request correction of any inaccuracies. Complaints regarding the handling of personal information may be directed to the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au.
These Terms and Conditions and any contract to which they apply are governed by the laws of the State of Victoria, Australia, and are subject to the jurisdiction of the courts of Frankston and the courts of appeal therefrom.
The Supplier shall not be liable for any indirect, special, or consequential loss or damage (including loss of profit, loss of business, or loss of opportunity) arising from or in connection with the supply of Goods. The Supplier's total liability arising under or in connection with these Terms and Conditions, whether arising in contract, tort (including negligence), or otherwise, shall not exceed the Price of the Goods to which the claim relates.
The Supplier reserves the right to review and amend these Terms and Conditions at any time. Any amended Terms and Conditions will apply to all subsequent orders placed by the Client.
The Supplier shall not be liable for any delay or failure to perform its obligations under these Terms and Conditions if such delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, war, terrorism, strikes, lock-outs, fire, flood, earthquake, pandemic, epidemic, governmental restrictions, power failures, telecommunications failures, or any other event beyond the Supplier's reasonable control.
If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall continue to apply.
Failure by the Supplier to enforce any of the Terms and Conditions shall not be construed as a waiver of any of the Supplier's rights.
LIFETIME WARRANTY TERMS
Airnexus Pty Ltd (‘Airnexus’) offers a Lifetime Warranty on all Airnexus-branded hardware products (‘Products’), subject to the following terms and conditions:
The Lifetime Warranty applies to Products purchased directly from Airnexus or through an authorised Airnexus partner, where the purchaser activates a Nexus iQ™ subscription (‘Subscription’) within thirty (30) days of the original purchase date of the Product.
Subject to these terms, Airnexus warrants that each eligible Product will be free from defects in materials and workmanship for as long as the purchaser maintains an active, continuous Subscription in good standing. This warranty covers the replacement of the defective Product only. Labour, installation, removal, shipping of the defective Product to Airnexus, or any other costs associated with the replacement are expressly excluded from this warranty.
The warranty period commences on the date the Subscription is activated and continues for as long as the Subscription remains active and in good standing. If the Subscription is cancelled, lapses, or is otherwise terminated for any reason, the warranty shall be void from the date of cancellation, lapse, or termination.
To make a warranty claim, the purchaser must:
This warranty does not cover:
Replacement Products may be new or refurbished at the sole discretion of Airnexus. Replacement Products are covered under the same warranty terms for the remainder of the original Subscription period.
To the maximum extent permitted by law, Airnexus's liability under this warranty is limited to the replacement of the defective Product. Airnexus shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to the use or inability to use the Product.
This warranty is in addition to, and does not limit or exclude, any rights or remedies available to consumers under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
This warranty is non-transferable and applies solely to the original purchaser and Subscription holder.
This warranty shall be governed by and construed in accordance with the laws of the State of Victoria, Australia.