Wetronome® Standard Terms and Conditions of Purchase

Your new Wetronome® has been designed and manufactured by Atamo Pty Ltd of 75 Collingwood Street, Osborne Park, WA, 6017, Australia, an Australian Proprietary Company limited by shares, ACN 102 672 873. Atamo has supplied the Wetronome® to you directly, or through a third party, subject to these terms and conditions. Your purchase of the Wetronome® means that you have accepted it subject to these terms and conditions.

Interpretation

Where it makes sense in these terms and conditions, singular versions of words shall also include the plural and plural words shall also have the meaning of the singular version. Further, words referring to persons shall also be read to mean incorporated associations, public bodies and other types of legal entities and visa versa. Words importing the masculine gender shall refer to and include the feminine and neuter genders and visa versa.

In these terms and conditions:

"Wetronome®" means the waterproof, electronic swimstroke metronome device designed and manufactured by Atamo Pty Ltd, including any or all design changes applied by Atamo at the time of delivery.

"Wetronome® unit" means a single swimstroke metronome and a single programming wand delivered in a package with operating instructions.

"You" means the person who purchased the Wetronome®.

"Atamo" means Atamo Pty Ltd, an Australian Proprietary Company limited by shares, ACN 102 672 873.

"Delivery" means the date on which a Wetronome® unit was delivered to You, or to the person You purchased it from, whichever date is earlier.

"Purchase" means payment for Wetronome® units by You

Ownership

a) Atamo grants You a right of use for all Wetronome® units You purchase.

b) Atamo retains all intellectual property rights to the Wetronome® and any associated literature, software, or other information provided with Wetronome® units.

c) Atamo retains all intellectual property rights to any material in respect of the Wetronome® provided via the Internet or other electronic means to You or to any other parties.

d) Atamo reserves all rights in respect of trademarks, logos, trade names or any other means of identifying the Wetronome® or of promoting it to any market or to any customer.

e) Atamo retains ownership of all design and manufacturing information associated with the principles of operation, operation, assembly, production and testing of the Wetronome®.

f) Title and risk in Wetronome® units supplied under this terms and conditions passed to You on purchase.

Limitation of liability

To the extent allowed by law:

a) Atamo shall not, under any circumstances, be liable for any indirect, special, incidental, exemplary, or consequential damages of any kind, including any loss of profits, loss of business, loss of data, even if Atamo has been advised of the possibility of such damages, or for any claim against You by any third party.

b) In no event shall Atamo's entire cumulative liability to You in any way related to the subject matter of these terms and conditions, whether based in contract or in tort or otherwise, exceed the aggregate amount of the payments made under these terms and conditions by You to Atamo. Atamo's suppliers will have no liability of any kind under or as a result of this these terms and conditions.

Warranty

Subject to fair wear and tear, Wetronome® units are warranted to operate as advertised in product documentation supplied by Atamo for a period of twelve (12) months from the date of Delivery.

If a Wetronome® unit Purchased by You fails within 12 months of Delivery, and is returned to Atamo by You, it will be replaced with a new unit. You shall pay postage and handling for return of faulty units to Atamo. Atamo shall pay postage and handling to despatch a replacement unit to You.

The warranty is void if the faulty Wetronome® unit has been physically damaged in any way.

Refunds

Your Wetronome® is warranted to perform as advertised and is covered by our standard warranty as set out in our standard terms and conditions. If You order a Wetronome® through our online ordering facility and simply change your mind, You may return it unused and in its original packaging and obtain a full refund. Your refund is conditional on the Wetronome® being returned to us within 14 days of your original purchase. You are responsible for paying postage and handling on our delivery of the Wetronome® to You, and the postage and handling for your return of the Wetronome® to us.

Delivery

Postage and Handling charges cover delivery by Australia Post. Deliveries within Australia will be handled by the Australia Post Express Post service. If additional services are required, for example registered delivery or insurance, please contact us.

Deliveries outside Australia use the Australia Post International Courier service. If additional services are required please contact us.

Applicable Law

These terms and conditions shall be governed by and construed in accordance with the laws of Western Australia.