This page contains MODRATEC's Trading Terms and Conditions, and includes our Privacy Policy.

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MODRATEC - Our Trading Terms and Conditions

Last updated: 8 March 2007

You need to accept these Terms and Conditions if you wish to purchase goods from MODRATEC.

The following topics are covered in our Terms & Conditions:
Acceptance of orders
Age suitability
Applicable Law
Construction Manual
Cookies
Currency
Dispatch of goods ordered
Duties and taxes
Guarantee
Loss in transit
Orders which include interlocking
Payment options
Privacy Policy
Refunds
Returning goods
Shipping calculations

Terms & Conditions

Acceptance of orders

Subject to verification of address details, shipping restrictions, and import restrictions, orders are accepted on-line through the MODRATEC Shop, by email to office @ modratec.com, or by mail. No order will be dispatched until full payment has been cleared by our bank.

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Age suitability

MODRATEC Lever Frame Kits are not suitable for construction by young children. Reasonable workshop skills are necessary. We recommend that parent/s or guardian/s advise any interested child about suitability. MODRATEC requires that customers be aged 16 years minimum to order from this web site.

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Applicable law

All purchases from MODRATEC are subject to the laws of Queensland, Australia.

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Construction Manual

The Construction Manual is automatically generated to meet the requirements of each Kit. It will be available to the customer as soon as payment is confirmed and the Kit is ready for dispatch. This allows the customer to begin preparations and to become familiar with techniques as soon as possible. It is particularly important to read and understand the Safety Precautions section. The Construction Manual is web-based and each customer will be advised of their unique security-coded URL (web address) giving them personal access. Customers without access to the internet may request a printed Construction Manual for which there will be a nominal charge.

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Cookies

There is no part of the MODRATEC web site which relies on the use of cookies. The MODRATEC Guest Lounge and the MODRATEC Shop will use benign cookies if your browser allows it, but they will also operate satisfactorily even if you have disabled cookies.

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Currency

All financial dealings with MODRATEC are expressed in and must be transacted in Australian Dollars (AUD).

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Dispatch of goods ordered

MODRATEC will dispatch goods as soon as possible after an order is placed provided that full payment has been received and cleared. Where an estimated delivery time is given, it represents the number of "working days" and therefore excludes Saturdays, Sundays, and public holidays. Estimates are just that - they are not guarantees.

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Duties and taxes

All prices quoted to Australian customers include G.S.T. (Goods and Services Tax).

Non-Australian customers are exempt from G.S.T. but should be aware that they may be required to pay taxes and/or customs duties on imported goods. Such foreign taxes and duties are not included in MODRATEC's charges. Customers are advised to check with the relevant authorities in their own countries to determine likely costs.

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Guarantee

MODRATEC guarantees that each component of a MODRATEC Lever Frame Kit meets our manufacturing specification. We will replace any parts found to be outside the relevant specification, although we cannot accept responsibility for damage which occurs during transit or after receipt by the customer. Any parts claimed to be faulty must be returned to MODRATEC at the customer's expense. If we determine that we have sent a faulty part, we will replace it free of charge including our shipping cost. Notwithstanding the previous sentences of this paragraph, we will do whatever we can to expedite any such claims by mutual agreement between ourselves and our customers. Any such claims must be made known to MODRATEC as soon as possible and no later than three (3) calendar months from the date on which goods are received by the customer. MODRATEC accepts no responsibility for any error made by customers in the construction of their Kits.

MODRATEC also guarantees that the mechanical aspects of any interlocking design when correctly built according to the Construction Manual provided with a Lever Frame Kit will agree with the behaviour of the corresponding SigScribe4 design.

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Loss in transit

At the discretion of MODRATEC, compensation for goods lost in transit will be considered. Customers suffering such loss should make written application giving as much detail as possible concerning the circumstances of the loss.

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Orders which include interlocking

Because interlocking is specific to the requirements of a particular track layout and signalling scheme, MODRATEC cannot proceed with orders for Interlocking Lever Frames until we receive the computer file for the design created using SigScribe4. This file will have an extension ".ss4". It can be sent to MODRATEC as an attachment to an email. Alternatively, it can be sent by conventional mail saved on a 3½" floppy disk, or on a CD.

A member of staff at MODRATEC will check each design for any obvious design errors before filling the order. However, MODRATEC cannot guarantee the absolute integrity of every design submitted - that is the responsibility of the designer. If any change is recommended, the customer will be advised of this, together with any price adjustment that may result.

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Payment options

Payments may be made on-line using American Express, MasterCard, or Visa card, or their international equivalents. If goods cannot be dispatched on the same day that an order is received, the financial transaction will not be completed until the date of dispatch.

Payments may be made by cheque, money order, or postal order in Australian Dollars only. Such payments will not be recognised until the funds have been cleared into MODRATEC's bank account.

Payments may be made by electronic transfer to MODRATEC's nominated bank account.

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Privacy Policy

MODRATEC accepts the legal requirements of Australia's Privacy Act 1988 and adopts the National Privacy Principles. Our Privacy Policy explains how we handle personal and sensitive information about our customers and those who visit the modratec.com web site.

The personal information we collect

As part of our web site management, we collect statistical data about a visitor's ip address, browser, operating system, and referrer (for example a search engine). From a registered user of SigScribe4 personal details are collected through the registration process. From a user of the MODRATEC Guest Lounge (on-line discussion forum) personal details are collected through the registration process. From a customer of the MODRATEC Shop personal details and credit card information are collected through the on-line payment system.

Giving personal information to third parties

No information which MODRATEC collects about any of its customers or web site visitors is passed to any third party with the exception of essential data for completing a financial transaction as noted below.

Our use of personal information

Statistical data is used only to indicate general trends in order to assist the management of our business. Statistical data will not be used on an individual basis except to trace any persons or organisations attempting criminal access to non-public files on our web site server. An ip address associated with such activity will be denied access to any part of the web site.

Registration details are used only to identify the legitimate ownership of products (for example, SigScribe4) or to validate access to the MODRATEC Guest Lounge.

On-line financial transactions

The only private details that are passed to a third party are those required to complete an on-line financial transaction and necessarily provided to St. George Bank's Internet Payment Gateway. MODRATEC does not hold a record of credit card numbers or expiry dates except as necessary to finalise a transaction. These details are passed to the Internet Payment Gateway and are deleted immediately each transaction is finalised.

Protection of personal information

Any personal details which MODRATEC stores in electronic form are maintained in password protected files. Much of the information is also encrypted. MODRATEC takes every reasonable step to protect personal details but cannot rule out the possibility of access by a determined criminal.

Communication privacy

For all access to our web site we offer a secure (SSL) server option. We encourage visitors to take advantage of this in order to maximise their protection from theft of personal information during its transmission between their browser and our server. It should be recognised that standard email communication is not secure and therefore should not be used to transmit sensitive information like credit card details.

Breach of privacy

If it is believed that personal details have reached a third party by way of the MODRATEC web site, the owner of that information in encouraged to inform us immediately so that we can investigate and deal with the claim. As much detail as possible should be provided. (Contact details)

Continuing service

Any person whose details have been made known to MODRATEC may receive communication from us regarding product updates or product releases or special offers. If we are advised that the person does not wish to receive such information, we will respect that wish unless the matter relates to product safety or legal requirement. On the other hand, our customers have the obligation to keep us informed of changes in personal information if we are to continue providing optimal service.

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Refunds

Refunds will be made only if an order is cancelled before it has been dispatched by MODRATEC. Such refund may be reduced by a cancellation fee based on the cost of any required financial transactions and/or wasted packing time and materials. Refunds will be made either by cheque or money order in the customer's required currency, or by credit card refund, or by direct deposit to a nominated bank account, at the discretion of MODRATEC. The amount of a refund will be calculated in Australian Dollars. Alternatively, by agreement with the customer, a refund may be used as credit towards a subsequent purchase from MODRATEC. Goods will not be accepted for refund simply because a customer has a change of mind.

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Returning goods

Where faulty goods need to be returned to MODRATEC, it will be at the customer's expense.

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Shipping calculations

One of our usual carriers is Australia Post who requires us to make the following statements relating to Austalia Post services.

MODRATEC accepts responsibility for any loss of, damage to, late delivery or non-delivery of goods ordered from our web site. To the maximum extent permitted by law, you agree to release our carriers from any liability relating to loss of, damage to, late delivery or non-delivery of any goods you order from this web site and to assign all rights to claim compensation or insurance against our carriers to us and expressly and irrevocably do so by clicking the "accept" option below.

In rural and regional areas of Australia, delivery times for Express Parcel Services are in respect of delivery to the Post Office of the principal township in that area. Delivery to final destinations may take longer. If in doubt please check with your local Post Office.

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For affordable and effective Web Hosting, MODRATEC uses and recommends Hosting Bay

I am a signalling enthusiast and thoroughly enjoyed playing with SigScribe, mainly using it to design a locking frame for my previous layout. Thank you for making such a fascinating product available. (Ian)