Terms and Conditions


  1.  Acceptance of These Terms. You (“Customer”) may place orders for Products with Banjo Distribution PTY LTD T/A EXWAY AUSTRALIA. (“Exway,” “we,” “our”) via our website (www.exway.com.au) or, in certain circumstances, over the phone. “Products” collectively means any and all items being sold by Exway to Customer. By placing an order for our Products, you consent to these Terms and conditions of sale (“Terms”) and acknowledge that we will only furnish the Products subject to these Terms. To the maximum extent permitted by applicable law: (a) unless expressly agreed to in writing by Exway, any term or condition in any order or other form or correspondence that purports to add to or is in any way inconsistent with these Terms shall be inapplicable and of no force and effect whatsoever; and (b) Exway’s right to require strict observance and performance of each of these Terms shall not be affected by concurrent waiver of any other of these Terms or by any previous course of dealing.

  2. Orders. All orders are subject to Exway’s acceptance. This means that Exway may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. Where we cancel any order which we have previously confirmed, then where practicable, we will notify you as soon as we are reasonably able to do so. If you choose to purchase a Product or service, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service or any other payment method made available by Exway). You agree to pay all fees and other charges incurred in connection with your username and password for your Exway account. If your credit card has already been charged for an order that is later cancelled, Exway will issue you a refund. Please note that Exway is not able to accept orders from outside, or for delivery to locations outside, Australia.

  3. Price. All prices are subject to change up to the time you place your order and it is accepted by Exway. Prices for products displayed on this website include GST, but exclude shipping charges, which are calculated and displayed depending on the shipping option for the item you select when you finalise your purchase. Prices for products displayed on this website are, and all purchases made via this website are transacted, in Australian dollars. Please note the prices on this website may differ from those in stores that stock Exway products, as these stores are independent to Exway. Exway reserves the right to amend pricing for any pricing errors displayed due to human error, computer malfunction or other reason. Where a pricing error is identified after you have submitted an online order, Exway will notify you of any error in pricing as soon as reasonably practicable and you may elect to not proceed with the purchase of any Product/s where the price has been corrected.

  4. Taxes. The prices quoted for the Products sold hereunder are inclusive of any applicable Australian goods and services tax. If any supply made under or in connection with these Terms is a taxable supply for the purposes of the A New Tax System (Goods and Services Tax) Act 1999 (Cth), then Exway may, subject to providing you with a valid tax invoice, recover from Customer the amount of goods and services tax payable on that taxable supply at the same time as payment is required to be made of the consideration for that taxable supply. Where Customer is required by applicable tax law to withhold any part of a payment due to Exway, Customer may do so and must gross-up such payment to Exway so that Exway receives the full amount notwithstanding any deduction or withholding.

  5. Payment. All orders must be paid in full prior to shipment. All payments for purchases made through Exway’s website are handled by our online payment processing provider.  Further information about online payments is available. The following payment types are accepted: MasterCard and Visa. Payment information is submitted by Customer upon the placement of any order and fulfillment and shipping of the order is subject to verification of payment information and availability of funds.

  6. Delivery and Risk of Loss. Exway shall ship Products F.O.B. Exway’s facility. Additional terms will apply as set out in the Shipping policy (Australia) and the Returns policy (Australia). Title and all risk of loss or damage to the Products shall pass to Customer upon delivery of the Products to the carrier for shipment. Exway is authorized to make shipping arrangements on Customer’s behalf and, except as otherwise provided, Customer shall be responsible for all costs and expenses associated with shipment of Products. Notwithstanding anything in these Terms to the contrary, any timeframe provided by Exway is a good faith estimate of the expected delivery date. Exway will use commercially reasonable efforts to fill Customer’s orders within the time stated but in no event shall Exway be liable for any damages associated with Exway’s inability to meet any such timeframes or deadlines.

  7. Returns. Except as otherwise provided herein, once an order has been placed by Customer and accepted by Exway, Customer may not cancel such accepted order without Exway’s prior written consent. Customer may return Products for a refund of the purchase price (not including initial shipping charges) plus any applicable tax. Customer shall arrange for and pay return shipping expenses. The Product(s) must be returned to Exway within 14 days of purchase to the address specified in clause 9 below.

  8. Product Changes. Exway may make any change in the design of or specifications for, or in the way it manufactures or produces any Product if such changes are necessary or desirable to improve the safety or performance of such Product. Further, Exway may furnish suitable substitute Products or components for Products or components which are unobtainable by Exway because of any priorities, rules, regulations or the like established by governmental authorities or agencies, or due to price changes or the non-availability of materials or components from suppliers. Customer may not make any changes in the designs or specifications for the Products unless Exway approves of such changes in writing, in which event Exway may impose additional charges to implement such changes.

  9. Limited Warranty. Subject to the following limitations, terms, and conditions, Exway makes limited warranties to the original purchaser of each Product as set out in the Warranty and Tech Support documentation. Customer acknowledges that different limited warranty terms (including different warranty periods) may apply to different kinds of Products, as described in such documentation. These limited warranties do not apply to normal wear and tear, nor to claimed defects, malfunctions or failures that result from abuse, neglect, improper assembly, improper maintenance, alteration, collision, crash, or misuse and are subject to other terms as set out in that documentation. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

    In order to exercise rights under these limited warranties, Customer must return the affected Product to Exway with proof of purchase (original invoice or credit card statement).

    Except as expressly set forth above and to the maximum extent permitted by applicable law, Exway disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. Exway’s responsibility for warranty claims is limited to, at Exway’s sole discretion, reimbursement of the original purchase price or replacement of the Product with the same or similar product. Notwithstanding anything in these terms to the contrary, to the maximum extent permitted by applicable law: (a) Exway shall not be responsible or held liable for punitive, indirect, incidental or consequential damages, including without limitation, liability for loss of use, loss of profits, loss of Product or business interruption however the same may be caused, including fault or negligence of Exway; and (b) nothing in this clause excludes or limits liability for breach of any statutorily implied warranties, conditions or guarantees which cannot lawfully be excluded. In the case of Exway breaching such a non-excludable warranty, condition or guarantee, then to the extent legally permitted, Exway’s liability for such breach is limited to, at its option: (i) in the case of goods, repairing or replacing those goods or paying the cost of having those goods repaired or replaced; and (ii) in the case of services, resupplying those services or paying the cost of having those services resupplied.

    The Customer must pay costs of return shipment. Exway reserves the right to modify these limited warranties at any time, in its sole discretion (including by posting an updated copy of these Terms containing the modified warranty on this website). The benefits provided to Customer under this clause 9 are in addition to other rights and remedies available to Customer under applicable law.

    Except as provided for in this clause 9 and to the maximum extent permitted under applicable law, in no event will Exway’s total and aggregate liability to Customer arising under or in connection with these Terms or their subject matter exceed the price actually paid by the Customer to Exway for those Products purchased by it under these Terms to which such liability relates.

    The limitations and exclusions of liability described in this clause 9 apply regardless of the basis on which such liability arises, whether in tort (including negligence), contract, statute, equity or on any other basis.

  10. Not for Resale. Customer agrees and represents that he or she is buying the Product(s) for his or her own use and not for resale.

  11. Governing Law/ Jurisdiction. These Terms shall be governed and construed in accordance with the laws of the State of Queensland.

  12. Reservation. Exway reserves the right to refuse to sell Products to anyone for any reason, in its sole discretion.

  13. Dispute Resolution. If a dispute arises out of these Terms, within 10 days of either party notifying the dispute to the other party, Customer and a Exway representative will conduct good faith discussions to seek to settle the dispute. If the dispute is not resolved within 14 days of the commencement of these discussions, the Customer may request the dispute is escalated to a Exway manager who will contact the Customer to negotiate in good faith to find a solution. If the dispute still remains unresolved beyond 45 days after the original date of the notification of the dispute, either Exway or Customer may refer the dispute to binding arbitration. Such arbitration will be conducted in accordance with the arbitration rules of the Australian Centre for International Commercial Arbitration known as the ACICA Arbitration Rules. The seat of the arbitration will be Gold Coast, Queensland, Australia and the language of the arbitration will be English. The Customer acknowledges that he or she will not refer a dispute to arbitration until the negotiation options described in this clause are completely exhausted. This clause does not prevent Exway or Customer seeking urgent interim, equitable or other interlocutory relief.

  14. Privacy Policy. Where Customer provides Exway with any personal information, Exway will deal with that personal information in accordance with its Privacy Policy, which describes how Exway uses Customer's personal information, explains how Customers can seek access to or correct personal information and other important details. A copy of our Privacy Policy is available on our website.

  15. Entire Agreement. These Terms, together with our Privacy Policy, the Shipping policy (Australia), Returns policy (Australia) and the Warranty and Tech Support documentation constitute the entire and only agreement between Exway and Customer, and supersede all prior or contemporaneous agreements, representations, warranties, and understandings.

  16. Severability. In the event that any provision of these Terms is held or determined by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of these Terms shall remain in full force and effect and such invalid or unenforceable provision shall be construed in a manner so as to give the maximum valid and enforceable effect to the intent of the parties expressed in these Terms.

  17. Exclusivity. The parties’ rights, liabilities, responsibilities and remedies with respect to the Products shall be exclusively those expressly set forth in these Terms. The waivers, releases, limitations on liability and on remedies expressed in these Terms shall apply even in the event of the default, negligence, breach of contract, strict liability, of the party released or whose liability is limited and shall extend to their directors, officers, and employees.