Shipping & Returns
Delivery of Goods
The Parties agree that delivery of any Goods purchased by the Customer shall be delivered to the Customer’s premises and that the Customer shall pay all reasonable transportation costs in respect to the delivery of those goods (including but not limited to freight charges).
The Customer acknowledges and agrees that any delivery date given by KINGFROG is an approximate indication only, and that KINGFROG shall not be held liable should any delivery be made after that date.
The Customer may not hold KINGFROG liable for any Goods lost or damaged in transit whilst being delivered, through whatever cause including negligence, and any carrier of those Goods shall be deemed as agent of the Customer even where said carrier has been engaged by KINGFROG.
KINGFROG delivers Australia wide to residential and business addresses. To guarantee the safe arrival of your order, all shipments will require a signature on delivery.
The Customer understands and agrees that KINGFROG shall not be held liable for any late delivery or failure to deliver caused by a force majeure event, including not limited to strikes, viruses, explosions, floods, riots, lockouts, injunction, interruption or transport accidents, inability to obtain equipment, government action, mechanical breakdown, interruption to internet service, any interruption, suspension, war, or an act of God. KINGFROG may with the consent of the Customer cancel the Order, after which the Customer shall have no further claim on the Goods.
Refunds and Returns
To the extent permissible by law, KINGFROG will not refund, exchange or redeem for cash any Fee or Deposit made to it for Goods (“Payment”), unless otherwise agreed by KINGFROG in writing.KINGFROG will only exchange a Payment where KINGFROG has made a fundamental error or mistake, in which case the exchange shall be limited to a replacement or reparation of the Goods. Goods returned by the Customer without the consent of KINGFROG shall not be accepted for credit and KINGFROG shall be entitled to:Return the Goods to the Customer at the Customer’s sole expense; orHold the Goods as a security against any Fees owed by the Customer, and may sell the Goods and apply those proceeds to any debt owing by the Customer to KINGFROG .If KINGFROG consents in writing to the return of the Goods, KINGFROG shall charge an additional handling fee of ten percent (10%) of the original Fee for the Goods returned (in addition to the forfeited Deposit, if any). In addition, all transportation costs shall also be payable by the Customer.
In the event the Customer cancels the Order after the Goods have been dispatched to the courier, the Customer shall be required to pay the full Fee.
In the event that the Customer decides to amend or change any specifications in respect to the Goods ordered, the Customer agrees that such request for changes shall be made in writing to KINGFROG , and that the Customer shall cover any additional costs incurred by KINGFROG in respect to those variations.
Title to the Goods delivered to the Customer will not pass to the Customer until all Fee in respect to those Goods have been paid in full. All risk of loss, damage or injury to the Goods will pass to the Customer from KINGFROG upon delivery of the goods to the address specified at the time of order. It remains the customers responsibility ensure the correct delivery address details are submitted with each order.Any changes/updates to the delivery address are required in writing (via text or email).
In the event that: The Customer fails to pay the Fee by the Due Date; Any cheque, promissory note, or other bill of exchange given to KINGFROG is not honoured on its first presentation;An application or order is made for the winding up or sequestration of the Customer or an application or order is made to place this Customer under external management or administration;Any of the assets of the Customer or any of the Goods in the possession of the Customer which have not been paid in full, are seized pursuant to a legal process issued against it; A receiver, manager, controller, administrator, external manager or trustee is appointed over any of the assets of the Customer; or The Customer ceases to carry on business, Then KINGFROG shall be entitled to without prejudice and in addition to all rights granted pursuant to these Terms of Trade or at law or equity to: Continue to enforce its rights and recover any amounts owing by the Customer; Claim immediate payment of all monies due by the Customer, notwithstanding the Due Date.
To the extent permissible by law, KINGFROG makes no representations, whether express or implied, as the merchantability, condition, durability or fitness for purpose for which the Goods are used. Further any implied warranty as to latent defects is expressly excluded. Without limiting the foregoing. At no stage and in no event shall KINGFROG be responsible for any loss, damage, cost, or expense suffered, incurred or sustained by the Customer arising out of or through the negligence of KINGFROG , its agents, or employees.
The warranty is limited to all dispensers using/fitted with KINGFROG supplied Environmentally safe Insect Spray aerosol cans only. Any dispenser using unauthorised aerosol can or product will negate the validity of the warranty immediately. Defects in the dispenser, due to materials or manufacturing faults, will be covered by KINGFROG warranty for 12 months from date of purchase.A photo of the defective item will be required to support your claim. The goods will remain your responsibility during transit until such time as they are received by KINGFROG staff. We will not accept liability for any loss or damage which may occur during transit.We do not pay return delivery fees.
Any damage incurred due to inappropriate use, overuse of force, dropping, inappropriate installation (IE double sided tape/resting on a shelf) or mishandling, is not be covered by this warranty. Warranty will be void if repairs or modifications are undertaken without written approval from KINGFROG.
Liability shall not in any case exceed the cost of replacement of the dispenser and in no case shall KINGFROG be held liable for any consequential loss or damage or negligence resulting from the use of the dispenser or aerosol cans.
The warranty obligations do not extend to cover the liability of failing to perform or inadequately performing. Please contact us if for any reason you are not satisfied.In most cases, we are able to work with our customers and give them the help and guidance they need to get the most out of their dispensers.
Similarly warranty does not cover battery life or battery performance. KINGFROG warrants that all Goods provided are in accordance with industry and manufacturing standards.The warranties contained herein shall not be read or applied so as to purport to exclude, restrict or modify the application in respect to the supply of Goods or services pursuant to these Terms of Trade of any or all of the provisions of the Competition and Consumer Act 2010 (Cth) (“CCA”) or any other statute of any state or territory of Australia which by law cannot be excluded or modified.
Limitation of Liability
Except as provided for in these Terms of Trade, KINGFROG makes no representation of any kind, express or implied with respect to the provision of the Goods.
To the extent any warranty is made, the sole and exclusive remedy for a breach of any warranty is at KINGFROG ’ option to either replace or repair the Goods in question.
To the extent permitted by law, all conditions, warranties, and terms implied by law and any liability for consequential or indirect damages are excluded from these Terms of Trade.
This Agreement shall be subject to the laws of Queensland, and the parties irrevocably submit to the non-exclusive jurisdiction of the Courts of Queensland.
Any provision of, or the application of any provision of, this Agreement which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.
Any provision of, or the application of any provision of, this Agreement which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.
If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in this Agreement.
The failure of either party at any time to require performance by the other party of any provision of this Agreement does not affect the party’s right to require the performance at any time.
The waiver by either party of a breach of any provision must not be held to be a waiver of any succeeding breach of the provision or a waiver of the provision itself.
This Agreement supersedes all previous agreements, arrangements, understandings, representations or any other communication in respect of the subject matter of this Agreement and embodies the entire agreement between the parties.
This Agreement may not be changed or modified in any way subsequent to its execution except in writing signed by the parties.
In this Agreement, headings are for convenience only and do not affect the interpretation of this Agreement and, unless the context otherwise requires:
(a) words importing the singular include the plural and vice versa;
(b) words with a capital letter where defined in this Agreement have that meaning;
(c) words importing a gender include any gender;
(d) other parts of speech and grammatical forms of a word or phrase defined in this Agreement have a corresponding meaning;
(e) an expression importing a natural person includes any company, partnership, joint venture, association, corporation or other body corporate and vice versa;
(f) a reference to anything (including, but not limited to, any right) includes a part of that thing;
(g) a reference to a party in a document includes that party’s successors and permitted assigns;
(h) a reference to a statute, regulation, proclamation, ordinance or by-law includes all statutes, regulations, proclamations, ordinances or by-laws varying, consolidating or replacing it, and a reference to a statute includes all regulations, proclamations, ordinances and by-laws issued under that statute;
(i) a reference to a document or agreement includes all amendments or supplements to, or replacements or notations of, that document or agreement. The Customer indemnifies KINGFROG against any or all taxation liability arising from this Agreement or Services provided to the Customer.
The foregoing provisions of this Agreement apply except as otherwise agreed in writing between the Customer on the one hand and KINGFROG on the other. We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We, therefore, recommend that each time you access our website you read these terms and conditions.