Terms & Conditions

Terms and Conditions

Certain legislation in Australia may provide consumer guarantees or impose obligations on Elex AU which cannot be excluded, restricted, or modified (or only to a limited extent). These Terms and Conditions are subject to such legislation, including without limitation the Australian Consumer Law (ACL).

1. Definitions

Australian Consumer Law (ACL): Schedule 2 of the Competition and Consumer Act 2010 (Cth), which includes non-excludable consumer rights and guarantees.
Contract: A contract for sale by Elex AU to the Customer of the Products and/or services, incorporating these Terms and Conditions.
Consumer Contract: A contract for the acquisition of goods or services by a “consumer” as defined in section 3 of the Australian Consumer Law (generally, for personal, domestic, or household use or consumption).
Critical Component: Any component of a system used in High Risk Activities.
Customer: The person or legal entity purchasing Products or services from Elex AU, as identified in an Elex AU quotation, invoice, or order form.
Extended Warranty: Additional warranty coverage purchased by the Customer, extending or enhancing the Standard Warranty.
High Risk Activities: Use of a product in hazardous environments requiring fail-safe performance, or any application in which failure of the Product could lead directly to death, personal injury, or severe property or environmental damage.
Order Confirmation: A formal acknowledgement issued by Elex AU confirming the Customer’s order for Products and/or services.
Place of Delivery: The location designated by the Customer and agreed to by Elex AU for delivery of the Products.
Price: The purchase price of the Products and/or services as stated in Elex AU’s quotation and confirmed in the Order Confirmation (the Order Confirmation price takes precedence in the event of discrepancy).
Products: The items (which may include Elex AU–branded products, third-party products, and any related service offerings) as described in the Order Confirmation.
Service Offerings: Any services (such as delivery, installation, or maintenance services) provided by Elex AU related to the Products.
Standard Warranty: The standard warranty protection that comes with Elex AU Product purchases (as set out in clause 7 of these Terms and Conditions).
Third-Party Products: Any products sold by Elex AU that are manufactured or branded by a party other than Elex AU.

2. Formation of Contract

2.1 No Contract for the sale of Products or services comes into existence until the Customer’s order has been accepted by Elex AU. An order is considered accepted once Elex AU sends an Order Confirmation (which may be in the form of an email or other written communication). The Contract is deemed concluded at the time and place where the Customer receives the Order Confirmation.

2.2 All sales of Products and services by Elex AU are subject to these Terms and Conditions to the exclusion of any other terms or conditions stipulated or referenced by the Customer in an order or communication. By placing an order with Elex AU, the Customer acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions. In particular, any terms and conditions in the Customer’s purchase order or other documents that are inconsistent with or in addition to these Terms and Conditions are not accepted by Elex AU, and Elex AU’s failure to object to such terms shall not be deemed an acceptance of any such terms.

2.3 Neither Elex AU’s acknowledgment of the Customer’s order nor the processing of payment or delivery of Products shall constitute acceptance of any additional or conflicting terms proposed by the Customer. Only a written and signed amendment or supplement issued by an authorized representative of Elex AU can modify these Terms and Conditions for a specific transaction.

3. Orders, Price and Payment

3.1 Payment Terms: Unless Elex AU has agreed in writing to extend credit terms to the Customer, full payment for the Price of the Products and any associated services (including any shipping or handling charges) must be received by Elex AU before dispatch and physical delivery of the Products or performance of the services. For Customers with approved credit accounts, payment must be made within the terms agreed in the credit arrangement.

3.2 Shipping and Handling: The Customer is responsible for all applicable shipping and handling charges associated with the delivery of the order, as indicated at the time of purchase or on the invoice. Any estimated delivery fees provided are for guidance only; final shipping costs may vary based on actual circumstances of delivery.

3.3 Price Quotes: Prices for Products and services will be as quoted by Elex AU (in an official quotation or on Elex AU’s website or marketing materials) and confirmed in the Order Confirmation. Elex AU will use reasonable efforts to ensure pricing is accurate; however, Elex AU reserves the right to correct any pricing errors prior to accepting an order. If a pricing error is identified after an order is placed but before acceptance, Elex AU will inform the Customer of the corrected price and give the Customer the opportunity to proceed with, or cancel, the order.

3.4 Currency: All prices are in Australian Dollars (AUD) unless expressly stated otherwise. Payment must be made in the currency stated on the invoice.

3.5 Credit Card Surcharges: If payment is made by credit card or a similar payment method, Elex AU reserves the right to charge an additional surcharge to cover merchant fees, which will be disclosed during checkout or in the invoice (if applicable). The Customer authorizes Elex AU to charge any such surcharges to the same payment method used for the principal transaction.

4. Title and Risk

4.1 Risk Transfer: Risk of loss of, or damage to, the Products passes to the Customer upon delivery of the Products to the Customer (or to the Customer’s representative) at the Place of Delivery. “Delivery” is deemed to occur when the Product reaches the Place of Delivery agreed in the order (or is handed over to the Customer’s designated carrier or agent).

4.2 Title Transfer: Title (ownership) in the Products will pass to the Customer only once Elex AU has received full payment for the Products in cleared funds. Until full payment is received, Elex AU retains title to the Products.

4.3 If delivery is made before full payment (under any credit arrangement or otherwise agreed in writing by Elex AU), the Customer must hold and keep the Products as fiduciary bailee for Elex AU until title passes, and:

The Customer must insure the Products (at their full Price) from the time of delivery until title passes to the Customer, and Elex AU may request proof of such insurance.
The Customer must not obliterate, deface, alter, or remove any identifying marks on the Products or any packaging identifying Elex AU as the owner.
If the Customer fails to pay for the Products in accordance with the agreed terms, Elex AU reserves the right to demand the return of the Products at the Customer’s expense, and the Customer must promptly comply. In such an event, the Customer authorizes Elex AU (or its agents) to enter any premises where the Products are stored to repossess them.

5. Delivery

5.1 Method of Delivery: Elex AU will deliver the Products to the Place of Delivery agreed with the Customer. Delivery will be made via Elex AU’s chosen logistics provider or method, unless otherwise agreed in writing. Elex AU will package the Products in accordance with standard commercial practices to ensure safe transit.

5.2 Instalment Deliveries: Where an order contains multiple Products, Elex AU reserves the right to deliver the Products by instalments (in any sequence), based on availability and operational considerations. Each instalment may be invoiced separately. If the Products are delivered in instalments, the Contract will be deemed severable as to each instalment. The Customer may not refuse or cancel any installment delivery except as provided in clause 5.4. All instalment deliveries must be paid for in accordance with these Terms and Conditions, regardless of any delays or issues with other instalments.

5.3 Delivery Dates: Any delivery or shipment dates provided by Elex AU (whether in advertisements, on the website, in Order Confirmations, or by customer service) are estimates only. While Elex AU will make reasonable efforts to deliver by the indicated date, actual delivery times may vary due to factors such as payment clearance, stock availability, manufacturing lead times, the Customer’s location, carrier scheduling, and any unforeseen delays. Elex AU’s failure to deliver by a specified date will not constitute a breach of contract, and (for non-Consumer Contracts) Elex AU will not be liable for any loss or damage (including any indirect or consequential loss) arising from any delivery delays.

5.4 Delayed Delivery – Consumer Rights: If the Customer has purchased Products under a Consumer Contract (primarily for personal, domestic or household use) and Elex AU is unable to deliver the Products within a reasonable time from the estimated delivery date, the Customer has the right to cancel the order for those undelivered Products. What constitutes a “reasonable time” may depend on the circumstances and will be judged in line with the Customer’s rights under the ACL. If such an order is cancelled at the Customer’s request due to an excessive delay, Elex AU will provide a full refund for the undelivered Products.

5.5 Product Revisions and Substitutions: Elex AU is committed to continuous product improvement. As such, Elex AU may revise or discontinue certain Products without notice. Where a Product ordered under a Consumer Contract has been revised, updated, or discontinued, Elex AU will, if possible, supply a revised or updated model of the Product that has equal or better functionality and performance compared to the Product originally ordered. The Customer acknowledges that updated Products may have differences in specifications or appearance from the original Products ordered. These differences will not be considered a breach of contract as long as the functionality and performance are equivalent or superior.

5.6 Failure to Receive Delivery: If a delivery attempt is made on the agreed date and the Customer is not present or able to accept the delivery, the Products may be taken back by the carrier. In such cases, the Customer may be responsible for any re-delivery or storage fees. The Customer should contact Elex AU promptly to arrange alternative delivery. Elex AU will endeavor to assist in facilitating a new delivery, but repeated failed deliveries may result in order cancellation and restocking fees as appropriate.

6. Acceptance of Products

6.1 Acceptance upon Delivery: The Customer should inspect the Products immediately upon delivery. Unless the Customer notifies Elex AU on the day of delivery of any discrepancy, damage, defect, or error in the delivered Products, and confirms such notification in writing (e.g., via email to info@elex.com.au) within two (2) days of delivery, the Products will be deemed to have been accepted by the Customer in the condition delivered. Once accepted (either by express confirmation or by lapse of the notice period without notification of an issue), the Customer is not entitled to reject the Products except as covered by the warranty or other rights under law. Pending investigation of any claim regarding delivered Products, the Customer must not delay or withhold payment of any portion of the Price due.

6.2 Returns and Refunds – Change of Mind: Except as required under the ACL or other applicable laws, all sales are considered final. Elex AU does not offer refunds, exchanges, or returns if you simply change your mind or decide you no longer want the Product once it has been delivered. In particular, no refund or replacement will be provided for reasons such as finding the product cheaper elsewhere, deciding you do not like the product, or having no use for it after purchase. The following provisions apply in line with your rights under Australian Consumer Law:

No Obligation for Change of Mind: We are not required to provide a refund or replacement if you change your mind about your purchase. Please choose carefully before making your purchase.
Major Problems – Your Rights: You are entitled to a replacement or refund if a product has a major problem. Under the ACL, a major problem with a product is one that would have stopped a reasonable consumer from buying the item had they known about it in advance. This includes situations where the item is unsafe, is significantly different from the description or sample provided, or it doesn’t do what it is supposed to do (or what you specifically asked for) and cannot be easily fixed. In such cases, you have the right to reject the product and choose a refund or an exchange for a new one.
Minor Problems – Repair: If the product issue is not major (i.e., a minor problem that can be fixed), Elex AU will arrange to repair the item within a reasonable time. If a minor defect cannot be remedied within a reasonable timeframe, you may then choose a refund or replacement.
Proof of Purchase: To request a remedy (whether a refund, replacement, or repair) for a faulty product, you will need to provide reasonable proof of purchase. This can be your order number, invoice, receipt, or any other evidence that you bought the item from Elex AU. Please retain your proof of purchase for this purpose.

6.3 Nothing in clause 6.1 or 6.2 above limits or affects a Customer’s rights to make a claim under Elex AU’s Standard Warranty (or any applicable Extended Warranty) for faults or defects discovered after acceptance, or to exercise any rights or remedies available under the Australian Consumer Law. These terms operate in addition to, and not in replacement of, your statutory rights.

7. Warranty

7.1 Statutory Rights Unaffected: Nothing in this clause 7 (or elsewhere in these Terms and Conditions) is intended to exclude, restrict, or modify rights that the Customer may have under the Australian Consumer Law or other applicable laws. The Standard Warranty provided by Elex AU is in addition to, and overlaps with, the rights and remedies to which consumers are entitled under law.

7.2 Standard Warranty Coverage: Unless a different warranty period is specified in writing for a particular Product, Elex AU warrants that all Elex AU–branded Products (excluding Third-Party Products, which are addressed in clause 7.7 and 7.8) will be free from defects in materials and workmanship under normal intended use for a period of one (1) year from the date of the original invoice. This Standard Warranty period may be extended only if:

the Customer purchases an Extended Warranty for the Product (in which case the warranty period is extended to the duration of the Extended Warranty purchased), or
a longer mandatory warranty period is required by law for specific types of products or in specific jurisdictions.

7.3 Warranty Exclusions: The Standard Warranty does not cover any damage, malfunction, or failure of the Product that is caused by or arises from:

Accident, Abuse, or Misuse: Including but not limited to dropping the product, spilling liquids on it, or other physical abuse.
Electrical Issues: Problems caused by external electrical events such as power surges, lightning strikes, faulty electrical wiring, use of incorrect voltage, or use with incompatible power adapters.
Unauthorized Servicing or Modification: Any repair, alteration, or maintenance performed by a person or entity not authorized by Elex AU. This also includes any disassembly or modification of the product by the Customer or a third party contrary to the product instructions.
Improper Installation or Use: Usage, storage, or installation that is not in accordance with the Product’s user manual, safety guidelines, or specified operating environment. (For example, using an indoor-rated massage chair outdoors, or not providing adequate ventilation for an electronic device.)
Lack of Preventive Maintenance: Failure to perform required or recommended preventive maintenance. The Customer is responsible for routine care as indicated in the user manual. For massage chairs and similar equipment, it is strongly recommended to have the product inspected and serviced at least annually by an authorized technician. Failure to properly maintain the product (e.g., not servicing the chair yearly as recommended) may result in issues not being covered by warranty.
Normal Wear and Tear: Cosmetic damage or gradual deterioration that does not affect the core functionality of the Product (for example, scuffs, scratches, or fabric wear from regular use).
Force Majeure Events: Events outside of Elex AU’s control, such as natural disasters (acts of God like fire, flood, or earthquake), war, civil unrest, terrorism, acts of violence, or any similar catastrophic events.
This limited warranty applies only to ordinary consumer (household/domestic) use. If the goods are used for commercial, rental, hire, or business-related purposes, the Warranty Period shall be strictly limited to twelve (12) months from date of purchase, and no extended or implied warranty beyond this period is offered.
After the 12-month Warranty Period expires, the Supplier is under no obligation to repair or replace the goods, whether the use is domestic or commercial.
Serial Number Alteration: Products that have missing, altered, or defaced serial numbers, service tags, or any identifying labels. This also includes Products for which the Customer has provided incorrect or misleading identifying information that prevents Elex AU from determining warranty eligibility.
Unauthorized Parts or Components: Problems caused by the use of parts, components, or accessories not supplied or approved by Elex AU. For instance, using a third-party replacement power supply or battery that is not certified for the product.

If a problem with the Product is found to be caused by any of the above exclusions, the Standard Warranty will not apply and any repairs or service required may be available at the Customer’s expense.

7.4 Remedies Under Standard Warranty: During the applicable Standard Warranty period, Elex AU will, at its option, repair or replace any Product that is confirmed to have a defect in materials or workmanship under normal use, provided that the Customer notifies Elex AU of the defect within the warranty period. To make a warranty claim, the Customer must contact Elex AU’s Technical Support (see clause 15.2 for contact details) to obtain troubleshooting assistance and, if necessary, a Return Authorization. The Customer may be required to send the Product to an Elex AU designated service center.

Repair: If repair is chosen, Elex AU will, through its authorized service facilities, repair the Product to a fully functional condition. Parts used in the repair may be new or refurbished (of equivalent performance and reliability to new).
Replacement: If Elex AU chooses to replace the Product, the replacement may be a new, equivalent new, or refurbished product with the same or better specifications and functionality. The replacement item will continue to be covered by the original warranty term (i.e., from the date of original invoice) or for 90 days from the date of replacement, whichever is longer, but no new warranty period will begin unless required by law.
Logistics: For approved warranty claims, Elex AU will cover the cost of freight for sending the repaired or replacement Product back to the Customer. Depending on the circumstances, Elex AU may also cover freight costs for returning the defective Product to Elex AU; however, the Customer should confirm shipping arrangements with Technical Support. The Customer is responsible for ensuring that any Product returned is safely and securely packaged to prevent damage in transit.

7.5 No Other Implied Warranties (Non-Consumer Contracts): For Products or services purchased for business use (i.e., not under a Consumer Contract), and to the fullest extent permitted by law, Elex AU makes no other warranties or guarantees, express or implied, except those expressly set out in these Terms and Conditions or provided under an Extended Warranty. In particular, to the extent permitted by law, any implied warranties or conditions of merchantability, acceptable quality, fitness for a particular purpose, or non-infringement are hereby excluded. The Customer is solely responsible for determining the suitability of the Product for their intended use. (This clause does not apply to a Consumer Contract, as consumer Products may carry non-excludable guarantees under ACL.)

7.6 Fitness for Purpose (Business Purchases): For Products supplied under contracts other than Consumer Contracts, while Elex AU may provide general usage information, Elex AU does not warrant that the Products are fit for any particular purpose or usage scenario specified by the Customer. The Customer acknowledges that they are not relying on Elex AU’s skill or judgment to select or furnish goods suitable for any specific purpose unless that purpose has been expressly notified to Elex AU in writing and Elex AU has explicitly warranted that the Product will be fit for that purpose.

7.7 Scope of Standard Warranty – Limitations: The Standard Warranty provided by Elex AU applies only to:

(a) Original Purchaser: The original Customer who bought the Product from Elex AU (warranty is typically not transferable to subsequent owners unless agreed by Elex AU).

(b) Elex AU–Branded Products: Products manufactured for or branded as “Elex AU.” The Standard Warranty does not apply to:

(i) Products sold “as-is” or “used” (for example, goods sold in an auction or clearance sale explicitly marked as not covered by standard warranty).
(ii) Non–Elex AU Branded Products: Any third-party products that Elex AU resells which are not carrying the Elex AU brand or are not assembled by Elex AU according to Elex AU’s standard configurations. These third-party items are covered by whatever manufacturer’s warranty is provided by the original maker of the product (see clauses 7.8 and 7.9 below).
(iii) Custom or Modified Configurations: Goods which are modified or built to the Customer’s specifications and are not part of Elex AU’s standard product range or published specifications. Such items may have separate warranty terms as agreed in writing at the time of purchase.

7.8 Third-Party (Non–Elex AU) Products – Consumer Contracts: If Elex AU sells a third-party manufactured product to a Customer under a Consumer Contract, Elex AU will pass through to the Customer the benefit of any standard manufacturer’s warranty available for that product. Elex AU will provide initial support and assistance for warranty claims on third-party products within the warranty period offered by the manufacturer, to the extent reasonably possible. However, the Customer acknowledges that:

Elex AU does not itself manufacture third-party products and repair facilities or spare parts for these items may not be directly available through Elex AU. The time needed to repair or replace a third-party product may be longer than for Elex AU-branded products, as it might involve coordination with the product’s manufacturer or distributor.
In many cases, it may be more efficient for the Customer to contact the third-party manufacturer’s own customer service or authorized repair agents for faster resolution, especially if the manufacturer offers direct support.

7.9 Third-Party Products – Manufacturer Warranties: Third-party products are often accompanied by their own manufacturer’s warranties (for example, a warranty card or documentation in the product packaging or available on the manufacturer’s website). The Customer can choose to seek support under the manufacturer’s warranty. Elex AU’s obligation under ACL for these third-party products is to ensure the Customer receives a remedy if the product is faulty or not of acceptable quality. Elex AU’s support for third-party products is provided in addition to those manufacturer warranties and does not override them. If a third-party product has a defect:

The Customer may first contact Elex AU to assist in facilitating a remedy, or
The Customer may contact the product’s manufacturer or their service center directly (which might sometimes be quicker).
In either case, the Customer’s rights under the ACL against Elex AU (as the retailer) remain intact.

7.10 Refurbished Parts and Replacement Policy: Under the Standard Warranty (as well as any Extended Warranty), any Products or components that are repaired or replaced may consist of new, used, refurbished, or reconditioned parts or products that are equivalent in performance and reliability to new parts. When a Product is exchanged, the replacement item becomes the Customer’s property and the returned defective item becomes the property of Elex AU. Parts removed from a Product during repair become the property of Elex AU. The Customer agrees that Elex AU may use refurbished parts for warranty repairs. Any repaired or replaced component will carry only the remaining original warranty term for the Product (or 30 days from the repair/replacement date, whichever is longer, if the original warranty would otherwise expire sooner), unless a longer period is required by law.

7.11 Maintenance of Products (Warranty Condition): To ensure safe and proper functioning of Products such as massage chairs (or other complex equipment), and to maintain the validity of the warranty, the Customer is responsible for performing regular maintenance and servicing as recommended by Elex AU. This includes following all maintenance schedules and guidelines provided in the user manual. For massage chairs, it is recommended that the chair be professionally serviced at least once every 12 months. If the Customer fails to properly service or maintain the Product as directed (for example, neglecting annual service for a massage chair), any resulting damage or faults may not be covered by the Standard Warranty or Extended Warranty, and in some cases such failure to maintain the Product can void the warranty. Elex AU may require proof of appropriate maintenance when assessing warranty claims, especially if the claim relates to issues that could have been caused by lack of maintenance.

8. Service and Technical Support

8.1 General Support: Elex AU will provide general telephone and/or email technical support to Customers for the setup and use of the Products, in accordance with Elex AU’s then-current support policies. The scope of support (hours of availability, types of support offered, etc.) may vary depending on the product line and may be updated by Elex AU from time to time. Up-to-date information on how to obtain support can be found on Elex AU’s website or in the documentation provided with the Product.

8.2 Scope of Support Services: Support services may include assistance with product installation, configuration, troubleshooting, and general usage questions. However, unless a specific service agreement is purchased, support is typically limited to addressing issues related to defects or malfunctions of the Product. Elex AU is not obligated to provide training, integration, or advanced consulting under standard technical support.

8.3 Optional Support and Service Contracts: If the Customer purchases an optional or extended service package (for example, on-site service, extended technical support hours, or maintenance contracts), the terms of that service will be governed by a separate agreement or an addendum to these Terms and Conditions. In case of any conflict between these general Terms and Conditions and the specific terms of a service contract, the service contract terms will take precedence for matters relating to that service.

8.4 Changes to Support Offerings: Elex AU reserves the right to modify its general and optional support offerings (including the scope, pricing, or terms of support) from time to time. However, any changes will not affect services that have already been purchased by the Customer for the duration of the agreed support term.

8.5 Precondition for Support: Elex AU’s obligation to provide any support or warranty service is contingent upon full payment by the Customer for the relevant Product or service contract. If the Customer has overdue payments or has otherwise failed to fulfill their payment obligations, Elex AU may suspend support services until such obligations are met.

8.6 Customer Responsibilities: When seeking technical support, the Customer may be required to provide information about the Product and the issue, and to follow troubleshooting steps as directed by Elex AU’s support staff. The Customer is responsible for backing up any data (if applicable) and removing any sensitive or personal information from Products before returning them for service. Elex AU is not liable for loss of data or information that was not backed up when a Product is sent in for repair.

9. Liability and Indemnity

9.1 Limited Liability (General): To the fullest extent permitted by law, Elex AU will not be liable to the Customer in contract, tort (including negligence), equity, or under any other legal theory for any indirect, incidental, special, or consequential loss or damage whatsoever arising out of or in connection with the purchase, use, or performance of the Products or services provided by Elex AU. The Customer’s sole and exclusive rights and remedies in relation to any defect or failure of goods or services are those set out in these Terms and Conditions or as provided by law (including the rights under the ACL for consumers).

9.2 Cap on Liability (Business Sales): For goods or services which are not supplied under a Consumer Contract (i.e., for commercial or business-to-business transactions), Elex AU’s total aggregate liability for any and all claims arising from or in connection with a Contract or the Products and services (whether arising under contract, tort, strict liability or otherwise) will not exceed the total Price paid by the Customer for the specific Product or service that gave rise to the claim. Each transaction or series of connected transactions is considered separately for the purpose of this liability cap.

9.3 Indemnity by Customer: The Customer agrees to indemnify, defend, and hold harmless Elex AU, its directors, officers, employees, agents, and contractors from and against any and all losses, liabilities, damages, costs, or expenses (including reasonable legal fees on a solicitor-client basis) arising out of or in connection with:

any loss of or damage to property, or injury to or death of any person, caused by any act or omission of the Customer, its employees, agents, or subcontractors in the course of using the Products or arising from the Customer’s breach of these Terms and Conditions;
any misuse of the Product by the Customer or a third party to whom the Customer has supplied the Product, including use of the Product in a manner not in accordance with the user manual or in violation of any safety warnings.

9.4 Consumer Transactions: For Products or services supplied under a Consumer Contract, Elex AU’s liability is determined by the Australian Consumer Law and any other law that may not be excluded. Nothing in these Terms and Conditions is intended to exclude or restrict Elex AU’s liability for failure to comply with a consumer guarantee under the ACL. However, where the ACL permits Elex AU to limit the remedy for a breach of a consumer guarantee, Elex AU’s liability will be limited to one or more of the following (at Elex AU’s option):

(a) For goods: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired.
(b) For services: the supplying of the services again or the payment of the cost of having the services supplied again.
This clause 9.4(b) applies only if the goods or services are not of a kind ordinarily acquired for personal, domestic, or household use or consumption, or if the Customer has acquired them for resupply or use in a production or repair process (in which cases the ACL permits such a limitation).

9.5 No Consequential Loss (Non-Consumer Contracts): In the case of Products or services that are not supplied under a Consumer Contract, Elex AU will not be liable for any form of indirect or consequential loss arising out of or relating to the Contract or the use of the Products. This includes, but is not limited to, loss of profits, loss of revenue, loss of opportunity, loss of data, damage to goodwill or reputation, or any other similar types of losses or damages, even if Elex AU was advised of the possibility of such damages. The Customer acknowledges that this limitation of liability is reasonable given the Price of the Products and that Elex AU cannot control how and for what purposes the Customer uses the Products.

9.6 Service Response Times: Any service or support response times stated by Elex AU (for example, in an Extended Warranty or service contract) are estimates and not guaranteed. While Elex AU will make commercially reasonable efforts to meet stated response or repair times, Elex AU will not be liable for any direct or indirect losses arising from a failure to meet these times in non-consumer transactions. (For Consumer Contracts, Elex AU will endeavor to meet repair time obligations as required by the ACL, and if delays occur, will communicate with the Customer about their rights such as receiving a replacement or refund for major failures.)

9.7 Errors and Omissions: Elex AU makes efforts to ensure that all information provided to the Customer, whether in catalogs, advertisements, quotations, Order Confirmations, invoices, or other documents, is accurate and up-to-date. However, any typographical, clerical, or other inadvertent error or omission in any such document or information is subject to correction by Elex AU without any liability on Elex AU’s part. If the Customer suspects that there is a material error in documentation (for example, a mispriced item or a mistake in product specifications), the Customer should contact Elex AU for clarification as soon as possible.

9.8 Use at Own Risk – Safety Compliance: The Customer is responsible for using the Products safely and in accordance with all provided instructions and warnings. To the fullest extent permitted by law, Elex AU will not be liable for any injury, loss, or damage arising from the Customer’s failure to follow safety guidelines, operating instructions, or maintenance recommendations. This includes, for example, any damage or injury resulting from using the Product in a way that is not recommended (such as failing to unplug the Product from power when instructed, using the Product in an unsuitable environment, or not having the Product properly serviced as required). The Customer assumes all risk and liability for the results obtained by the use of the Products, whether used singly or in combination with other products.

9.9 Product-Specific Limitations: Certain Products may have additional limitations of liability or specific warnings (for example, massage chairs may have weight limits for users, or electrical appliances may have specific usage guidelines). The Customer must review all product-specific documentation. Elex AU shall not be liable for any damages arising from the Customer’s use of the Product outside the scope of the documented limitations or contrary to warnings.

9.10 Indemnity for Improper Use: If the Customer supplies the Product to a third party (by sale, gift, rental, or otherwise), the Customer must ensure that the third party is made aware of the proper use and safety instructions for the Product. The Customer agrees to indemnify Elex AU against any claims made by any such third party (or by anyone harmed due to a third party’s use of the Product) arising from the Product being used in a manner that is inconsistent with the product documentation or these Terms and Conditions, where such misuse was not due to a fault of Elex AU.

10. Use of Products (Safety and Operating Guidelines)

10.1 Intended Use: Elex AU’s Products (particularly complex devices like electric massage chairs and related wellness equipment) are designed for specific intended uses, operating environments, and user loads as described in their user manuals or documentation. The Customer agrees to use each Product only for its intended purpose and in accordance with the applicable instructions and guidelines. Using a Product in a manner or environment other than that for which it was designed may not only damage the Product but could also pose safety risks to the user or others.

10.2 Operating Conditions and Manuals: The Customer must familiarize themselves with all operating instructions, installation requirements, and safety precautions provided with the Product (including those on Elex AU’s website or provided upon delivery). This includes following any weight limits, usage durations, and rest periods for massage chairs, and any environmental conditions (such as temperature or humidity ranges) for electrical equipment. If the Product comes with an owner’s manual or safety guide, the Customer should read it thoroughly before using the Product. Failure to operate or maintain the Product as instructed may result in damage that is not covered by warranty (per clause 7.3) and may increase the risk of injury.

10.3 Electrical Safety – Power Supply: Many Elex AU Products are electrical devices that connect to the standard 240V AC mains power (some Products may contain internal transformers or power adapters as part of their design). For all such Products, the Customer must ensure:

The Product is connected to a properly grounded and rated electrical outlet that matches the voltage and frequency specified for the Product. (For example, do not use a 240V appliance on a different voltage without an appropriate transformer.)
The power cord and plug are in safe condition (no fraying or damage) and are not used with extension cords or power strips that could be unsafe or overloaded.
The Product is unplugged from the mains power outlet when not in use, and immediately after each use of devices like massage chairs or other appliances, especially if they will be left unattended. Always disconnect the power before cleaning or performing any maintenance on the Product. Do not leave the Product running or plugged in overnight or for extended periods when not actively in use, unless the product is expressly designed for continuous operation.
The Product is kept away from water, moisture, or high-temperature environments unless it is specifically rated for such conditions. (Do not operate electric massage chairs outdoors or in humid environments like a bathroom, for example, unless the product documentation explicitly permits this.)

10.4 Physical Safety and Supervision: The Customer should use the Product in a safe manner and environment. This includes:

Placing the Product on a stable and level surface (if applicable) and ensuring adequate space around it as recommended (to avoid tipping or obstruction, for example).
Not allowing children to use the Product unsupervised. Many Products (e.g., massage chairs) are not toys and should not be used by persons (including children) with reduced physical, sensory, or mental capabilities unless they have been given supervision or instruction concerning use of the appliance by a person responsible for their safety.
Observing all warnings (for example, “Do not insert fingers or objects into the mechanism”, “Keep hair and loose clothing away from moving parts”, etc.) as outlined in the manual.
Not using any Product while drowsy or under the influence of alcohol or medication that may impair your ability to use it safely, especially relevant for machinery or massage equipment.

10.5 No User-Serviceable Parts (Unless Stated): Do not attempt to open, disassemble, or repair any Product unless the user manual explicitly provides instructions for user maintenance (e.g., replacing a fuse or attaching accessories). Many Products contain high-voltage components (for example, power supplies, transformers, motors) that can pose a risk of electric shock or injury if tampered with. If the Product requires service beyond the maintenance described in the manual, contact Elex AU or an authorized service provider. Unauthorized attempts to access or fix internal components will void the warranty and could result in injury or further damage to the Product.

10.6 Maintenance and Care: Proper maintenance is essential for safe use and longevity of the Product.

Regular Cleaning: Keep the Product clean and free of dust or debris as recommended. Always unplug the Product before cleaning it. Use only the cleaning methods or agents specified in the manual (for instance, soft dry cloth, or certain upholstery cleaners for chair fabric). Do not use water or liquid cleaners on electrical components.
Inspection: Periodically inspect the Product for any signs of wear or damage (e.g., check that power cords are intact, there are no loose bolts or screws, and fabric or moving parts are not excessively worn). If you discover any damage, stop using the Product and contact Elex AU for guidance on repair or service.
Annual Servicing: As noted in clause 7.11, for complex Products like massage chairs, it is recommended to have them serviced at least once per year by an authorized technician. This preventive maintenance can include checking the motors, gears, electrical connections, and any other components for safe operation. Following the recommended service schedule is crucial — not only can it extend the life of the Product, but it will also help ensure that any potential issues are caught early, reducing the risk of malfunction or safety hazards.

10.7 Use in High-Risk Environments: The Products are not designed for High Risk Activities (as defined in clause 1). Unless expressly stated by Elex AU in the Product documentation, the Products should not be used in any environment where the stakes include potential for serious harm (for example, they are not to be used as critical components in medical life-support systems, nuclear facilities, or aircraft navigation systems). If the Customer uses the Product in such a high-risk environment, they do so at their own risk and peril, and Elex AU hereby disclaims any liability for any damage or loss arising from such unauthorized use (see also clause 11 below).

10.8 Consequences of Misuse: The Customer acknowledges that not following the guidelines in this clause 10 can result in damage to the Product or serious injury. Elex AU will not be responsible for any damage to the Products or any injury or property damage that results from misuse, abuse, or failure to comply with the product’s safety and operating instructions. Misuse of the Product can also void the warranty (as described in clause 7.3). The Customer agrees to use and maintain the Products responsibly and to instruct any other user (family members, employees, etc.) in the proper and safe use of the Products.

11. High Risk Application Disclaimer

11.1 No Fail-Safe Use: The Products supplied by Elex AU are not guaranteed to be fault-tolerant and are not designed or intended for use in High Risk Activities or critical applications where a failure of the Product could directly result in death, personal injury, or severe property or environmental damage. Examples of such high-risk uses include, but are not limited to: operation of nuclear facilities, air traffic control systems, life support or life-sustaining medical equipment, or any other application in which the failure of the product could lead to catastrophic outcomes.

11.2 Disclaimer of Fitness for High Risk: Elex AU expressly disclaims any express or implied warranty, guarantee, or representation that any Product is fit for use in High Risk Activities. By purchasing or using the Products, the Customer accepts that the Products have not been designed for such purposes and that any such use is outside the scope of Elex AU’s intended purpose for the Products.

11.3 Customer Assumption of Risk: If the Customer elects to use a Product in violation of this clause (i.e., in any High Risk Activity), the Customer assumes all risks associated with such use. Furthermore, to the maximum extent permitted by law, the Customer agrees that Elex AU shall not be liable for any claims or damages arising from that use. The Customer will indemnify and hold Elex AU harmless from any and all liability, claims, and damages arising out of the use of the Products in High Risk Activities, to the extent that such liability is not prevented by law.

11.4 Critical Components: The Customer should not use any Product or any component of a Product as a Critical Component in a system intended for High Risk Activities, unless Elex AU has given its prior written consent and specific warranty for that use. “Critical Component” is as defined in clause 1. If such consent is provided (at Elex AU’s absolute discretion), separate terms and conditions (including higher fees and insurance requirements) may apply to that supply.

12. Force Majeure

12.1 No Liability for Delays: Elex AU shall not be responsible or liable for any delay or failure to perform any of its obligations under a Contract (including, but not limited to, delay in delivering Products or providing services) if such delay or failure is caused by an event or circumstance that is beyond Elex AU’s reasonable control. In such cases, Elex AU will be entitled to a reasonable extension of time to perform the obligation.

12.2 Force Majeure Events: Events beyond Elex AU’s control include, but are not limited to, natural disasters (such as floods, earthquakes, or hurricanes), acts of war or terrorism, civil disturbances or riots, epidemics or pandemics (including government-imposed quarantines or travel restrictions), labor disputes or strikes (including those involving Elex AU’s workforce or the workforces of suppliers or carriers), fires or explosions, governmental actions or orders, embargoes or trade restrictions, failure or delay of transportation, power or communications outages, and cyber-attacks or other catastrophic system failures.

12.3 Notice and Mitigation: If a force majeure event occurs that affects Elex AU’s ability to fulfill its obligations, Elex AU will notify the Customer as soon as practicable, indicating the nature of the event and, if possible, the expected duration of the delay. Elex AU will use reasonable efforts to mitigate the effect of the force majeure event on its performance and to find alternative means to perform its obligations (for example, sourcing from different suppliers or using alternative shipping routes when feasible).

12.4 Cancellation Option: If a force majeure event causes a substantial delay such that the Products cannot be delivered, or the services cannot be provided, within a reasonable time after the original delivery or service date, either party may discuss alternative arrangements. In the context of a Consumer Contract, if a force majeure delay becomes unreasonable, the Customer may have rights to cancel the Contract under the ACL or elect to receive a refund for undelivered goods. For non-Consumer Contracts, if the delay extends beyond a timeframe that fundamentally frustrates the purpose of the Contract, Elex AU may, at its discretion, cancel the affected order and refund any payment for undelivered Products, or the parties may mutually agree to cancel or reschedule the performance of the Contract without liability.

13. Governing Law

13.1 Applicable Law: These Terms and Conditions, and any Contract to which they apply, are governed by and shall be construed in accordance with the laws of the State of Western Australia, Australia.

13.2 Jurisdiction: The parties agree to submit to the non-exclusive jurisdiction of the courts of Western Australia and any courts which can hear appeals from those courts. This means that if either Elex AU or the Customer needs to enforce their rights under the Contract or these Terms and Conditions, they can bring an action in a Western Australian court, but neither party is limited from seeking relief in any other competent jurisdiction if the rules of that jurisdiction allow.

13.3 Consumer Rights: If the Customer is a consumer residing outside Western Australia, they may also have certain rights to bring actions or claims under the consumer protection laws in the jurisdiction where they reside. Nothing in this clause 13 is intended to limit any such rights that cannot be excluded by agreement.

13.4 UN Convention Exclusion: The United Nations Convention on Contracts for the International Sale of Goods (Vienna 1980) does not apply to the sale of Products by Elex AU. Its application is expressly excluded.

14. General Provisions

14.1 Assignment: The Customer may not assign, transfer, or novate any of its rights or obligations under a Contract or these Terms and Conditions to any third party (including by way of sale of business, change of control, or operation of law) without the prior written consent of Elex AU. Any attempted assignment or transfer without such consent will be void and without effect. Elex AU may assign or subcontract the performance of all or any part of its obligations under the Contract to third parties (for example, subcontracting delivery or installation to a logistics partner), provided that Elex AU will remain responsible to the Customer for the fulfillment of the Contract.

14.2 Severability: If any provision of these Terms and Conditions (or part of a provision) is found by a court or other competent authority to be invalid, illegal, or unenforceable, that provision or part-provision shall be deemed deleted or modified to the minimum extent necessary to make it valid and enforceable. The validity and enforceability of the other provisions of these Terms and Conditions shall not be affected. The parties shall negotiate in good faith to agree on a substitute provision for any invalid or unenforceable provision that most closely reflects the intention of the original.

14.3 No Waiver: No failure, delay, relaxation, or indulgence by Elex AU in exercising any right, power, or privilege under these Terms and Conditions shall operate as a waiver of that right, power, or privilege, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise of that or any other right, power, or privilege. To be effective, any waiver by Elex AU must be in writing and signed by an authorized officer of Elex AU. A waiver of any breach or default by the Customer will not constitute a waiver of any other provision or of any subsequent breach of the same or another provision.

14.4 Notices: Any notice or other communication given under or in relation to these Terms and Conditions must be in writing and delivered to the recipient’s address or email as notified. Notices to Elex AU should be sent to: 1/7 O’Malley St, Osborne Park WA 6017, Australia, or emailed to info@elex.com.au (unless Elex AU specifies an alternate contact). Notices to the Customer will be sent to the physical or email address provided with the order. A notice will be deemed received: if delivered by hand, on the date of delivery; if sent by prepaid post within Australia, 3 business days after the date of posting; if sent by airmail from overseas, 7 business days after the date of posting; or if sent by email, when the email is sent (provided no bounce or error message is received by the sender).

14.5 Entire Agreement: These Terms and Conditions, together with the Order Confirmation and any documents expressly incorporated by reference (such as additional warranty terms or service agreements), constitute the entire agreement between Elex AU and the Customer regarding the sale of the Products and services. They supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written, regarding the same subject matter. The Customer acknowledges that they have not relied on any statement, promise, or representation made or given by or on behalf of Elex AU that is not set out in the Contract.

14.6 Amendments: Elex AU may update or amend these Terms and Conditions from time to time. However, the Terms and Conditions that will apply to a specific purchase are those that the Customer accepted at the time of placing the order (or as otherwise agreed by the parties in writing). Elex AU will typically publish updated Terms and Conditions on its website, and the Customer is advised to review the terms periodically for any changes that might affect future purchases.

14.7 Headings: Section headings in this document are for convenience only and do not affect the interpretation of the Terms and Conditions.

14.8 Language: These Terms and Conditions are in English. If they are translated into another language for convenience, the English text shall prevail in case of any conflict or ambiguity in interpretation.

15. About Your Warranty (How to Claim)

15.1 Validation of Warranty:

(a) For a Standard Warranty – The warranty becomes valid only when the Product has been paid for in full. (Purchases must be completed and payment received for the warranty to be effective.)

(b) For an Extended Warranty – The extended coverage is valid only when the Extended Warranty has been paid for in full (in addition to the Product itself). The Extended Warranty terms (such as total duration and scope) will be as specified in the Extended Warranty documentation provided at purchase.

15.2 How to Make a Warranty Claim: If you experience an issue with your Product and need to make a claim under either the Standard Warranty or an Extended Warranty, please contact Elex AU’s Technical Support team. You will need to provide your proof of purchase and details about the issue. Elex AU’s support staff will guide you through troubleshooting steps and, if necessary, the process of repair or replacement.

Technical Support Contact Details:

Phone: 1300 00 98 00
Email: info@elex.com.au
Website: You may also find support information or contact us through our website at www.elex.com.au.

When contacting support, please have your order number, product model, and serial number (if applicable) available to expedite assistance.

15.3 Warranty Period:

Standard Warranty Period: One (1) year from the date of purchase (as indicated on your invoice or receipt), unless a longer period is expressly provided for a specific Product or required by law.
Extended Warranty Period: If you purchased an Extended Warranty, the total warranty period is extended to the length of time stated in your Extended Warranty certificate or card (e.g., if an additional 2 years was purchased, the total could be 3 years from purchase, depending on the terms). The Extended Warranty will typically begin from the end of the Standard Warranty, providing continuous coverage.

15.4 Consumer Guarantees (Australian Consumer Law): Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. Even after the Standard or Extended Warranty periods, you may still have rights under the ACL. For example, you are entitled to a replacement or refund for a major failure of the product, 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. These rights apply regardless of any manufacturer’s warranty. The benefits provided to you under our Standard Warranty or any Extended Warranty are in addition to your rights and remedies under law.

15.5 Additional Support: If you have questions about what is covered or not covered by your warranty, or about your consumer rights, please reach out to Elex AU’s customer service. We aim to be transparent and helpful in resolving any issues with your purchase to your satisfaction, consistent with our obligations under these terms and the law.

15.6 The warranty provider is Elex AU . For any warranty inquiries or service requests, please use the contact details provided above or mail us at:

Address: 1/7 O’Malley St, Osborne Park, WA 6017, Australia

Telephone: 1300 00 98 00

Email: info@elex.com.au

Website: www.elex.com.au

Disclaimer – Safety & Health Advice

No Medical or Health Advice: Elex AU does not provide medical, health, or therapeutic advice. Any information or demonstrations provided by Elex AU (whether during consultations, in promotional materials, or on our website) regarding the use or potential benefits of our massage chairs or other wellness products is for general informational purposes only. Such information is not a substitute for professional medical advice, diagnosis, or treatment.

Consult Healthcare Professionals: Customers are strongly advised to consult with a qualified healthcare provider or medical professional before purchasing or using a massage chair or any wellness product, especially if they have any pre-existing medical condition, illness, injury, or disability, if they are pregnant, or if they have specific health concerns. A healthcare professional can provide guidance on whether using such a product is appropriate for your individual health circumstances.
Use at Your Own Risk: By purchasing and using Elex AU’s products, you acknowledge and agree that you are using the product at your own risk. You must follow all safety instructions provided. If you have been advised by a medical professional to avoid certain activities or postures, do not use the product in a way that conflicts with that advice.
Liability Waiver for Health Outcomes: To the extent permitted by law, Elex AU, its owners, employees, and agents shall not be liable for any injury, aggravation of any condition, or other adverse effects that occur while or after using our products. This includes, without limitation, muscle strain, nerve pain, skin irritation, or any other health issue. The Customer assumes full responsibility for their health and safety in using the product.
Discontinue Use if Uncomfortable: If at any time while using the product you experience pain, dizziness, worsening of symptoms, or any other discomfort beyond mild typical soreness, stop using the product immediately and, if necessary, seek medical attention. Do not resume use until you have consulted with a healthcare provider.
Proper Setup and Use: Ensure that the product is correctly assembled (if applicable) and adjusted to your body before use. Use the product in a safe environment – for example, do not use a massage chair on an uneven surface or near stairs, and do not use electrical devices near water. Always unplug the product after use and when cleaning, as stated in clause 10.3, to eliminate electrical hazards.

By using our website or purchasing our Products, you acknowledge that you have read, understood, and agreed to these Terms and Conditions, including all disclaimers and policies incorporated herein. These Terms and Conditions are designed to ensure a clear understanding of the rights and responsibilities of both Elex AU and our Customers, and to protect both parties in the transaction. Thank you for choosing Elex AU for your needs, and we are committed to providing you with quality products and support.