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Conditions of Use

Website Terms of Access

This Website (refer to in these Terms of Access as the "Website") is owned and operated by Test and Tag Supplies Pty Ltd on the World Wide Web (“WWW”).

The material on the Website is copyright © 2008 Test and Tag Supplies Pty Ltd and/or other copyright owners.

The Website is available for you to access conditional on your acceptance without alteration of the terms and conditions set out below/on this linked page. By continuing to access the Website you are agreeing to the terms and conditions set out below.

 

 

Use of material on the Website

 

 

1. Except for the limited use set out in paragraph 2 you may not use the Website, or the material contained on it, for any purpose. This involves:-

  • (a) the reproduction of the material in any material form;
    (b) the distribution of the material in any material form;
    (c) re-transmission of the material by any medium of communication;
    (d) uploading and/or reposting the material to any other site on the WWW;
    (e) “framing” the material on the Website with other material on any other WWW site.

The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of Access.

2. Notwithstanding the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.

3. You may not modify or copy:-

  • (a) the layout of the Website; and
    (b) any computer software and code contained in the Website.

4. Test and Tag Supplies Pty Ltd reserves all intellectual property rights, including but not limited to, copyright in material and/or services provided by it. The material provided on the Website is provided for personal use only and may not be:-

  • (a) re-sold and/or re-distributed in any material form;
    (b) stored in any storage media; and/or
    (c) re-transmitted in any media.

 

Links to other Websites

 

5. The Website contains links to sites on the WWW owned and operated by third parties and which are not under the control of Test and Tag Supplies Pty Ltd.

6. In relation to the other sites on the WWW, which are linked to the Website, Test and Tag Supplies Pty Ltd:-

  • (a) provides the links to other sites and as a convenience to you and the existence of a link to other sites does not imply any endorsement by Test and Tag Supplies Pty Ltd of the linked site; and
    (b) is not responsible for the material contained on those linked sites.

7. Test and Tag Supplies Pty Ltd is making the Website available for others to publish information without assuming a duty of care to users. Test and Tag Supplies Pty Ltd is not in the business of providing professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website and/or linked sites on the WWW.

8. To the full extent permitted by law Test and Tag Supplies Pty Ltd disclaims any and all warranties, express or implied, regarding:-

  • (a) the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked sites; and
    (b) merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked sites.

9. Test and Tag Supplies Pty Ltd will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequences of you:-

  • (a) acting, or failing to act, on any information contained on or referred to on the Website and/or any of the linked Websites; and
    (b) using or acquiring, or your inability to use or acquire, and service or product contained or referred to on the Website and/or any linked sites.

 

Disclaimer 2

 

10.Test and Tag Supplies Pty Ltd does not warrant guarantee or make any representation that:-

  • (a)the Website, or the server that makes the site available on the WWW are free of software viruses;
    (b) the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
    (c) errors and defects in the Website will be corrected.

11. Test and Tag Supplies Pty Ltd is not liable to you for:-

  • (a) errors or omissions in the Website, or linked sites on the WWW;
    (b) delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
    (c) defamatory, offensive or illegal conduct of any user of the Website, whether caused through negligence of Test and Tag Supplies Pty Ltd, its employees or independent contractors, or through any other cause.

12.You agree to accept the full costs of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.

 

Limitation of Liability

 

13. Disclaimer 1 and/or Disclaimer 2 may not apply to you in jurisdictions in which limitation on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law Test and Tag Supplies Pty Ltd’s liability for any implied warranty or condition is limited, at the choice of Test and Tag Supplies Pty Ltd to one or more of the following:-

  • (a)if the breach of an implied warranty or condition relates to services:-
    • (i) the supply of the services again; or
      (ii)the payment of the cost of having the services supplied again.
  • (b) if the breach of an implied warranty or condition relates to goods:-
    • (i) the replacement of the goods or the supply of equivalent goods;
      (ii)the repair of the goods;
      (iii)the payment of the costs of replacing the goods or acquiring equivalent goods, or having the goods repaired.

 

Use of the information gathered

 

14. Test and Tag Supplies Pty Ltd and/or people authorized by it may gather and process the information:-

  • (a)which you may provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and
    (b) regarding the way in which you use the website including, without limitation, information acquired through the use of “cookies” programmed during the accessing of the Website.

 

15. Test and Tag Supplies Pty Ltd may authorize others to offer you goods and services using the information acquired through (a) and (b) above.

 

Termination of access

 

16. Test and Tag Supplies Pty Ltd may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and Test and Tag Supplies Pty Ltd has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.

 

Alteration of Terms of Access

 

17. Test and Tag Supplies Pty Ltd reserves the right to change these Terms of Access:-

  • (a) with or without further notice to you; and
    (b) without giving you any explanation or justification for such change.

 

Relevant jurisdiction

 

18. if any part of this Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be servable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

19.This Agreement will be governed by and interpreted in accordance with the laws of Queensland, without giving effect to any principles of conflicts of laws.

20. You agree to the jurisdiction of the Courts and the laws of the State of Queensland to determine any dispute arising out of this Agreement.

 

Termination of access

 

16. Test and Tag Supplies Pty Ltd may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and Test and Tag Supplies Pty Ltd has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.

 

Alteration of Terms of Access

 

17. Test and Tag Supplies Pty Ltd reserves the right to change these Terms of Access:-

 

  • (a) with or without further notice to you; and
    (b) without giving you any explanation or justification for such change.

 

Relevant jurisdiction

 

18. if any part of this Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be servable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

19.This Agreement will be governed by and interpreted in accordance with the laws of Queensland, without giving effect to any principles of conflicts of laws.

20. You agree to the jurisdiction of the Courts and the laws of the State of Queensland to determine any dispute arising out of this Agreement.

 

 

 

 

 

Conditions of Sale

 

 

 

Interpretation

1. In these conditions:

  • (1) “Seller” means Test & Tag Supplies Pty Ltd (“Test & Tag”) which is the seller of the goods.
    (2) “Buyer” means the purchaser of the goods specified overleaf.
    (3) “Goods” means the products and, if any, services specified overleaf.
    (4) “Training” means the training specified overleaf.
    (5) “Website” means www.testandtagsupplies.com.au.
    (6) Nothing in these conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Trade Practices Act 1974) and which by law cannot be excluded, restricted or modified.

 

 

General

2. These conditions (which shall only be waived in writing signed by the seller) shall prevail over all conditions of the buyer’s order to the extent of any inconsistency.

 

 

 

 

Terms of sale

 

 

3. The goods and all other products sold by seller are sold on these terms and conditions.

 

 

Seller’s quotations

 

 

4. Unless previously withdrawn, seller’s quotations are open for acceptance within the period stated in them or, when no period is so stated, within 7 days only after its date. The seller reserves the right to refuse any order based on this quotation within 7 days after the receipt of the order.

5. Prices quoted are inclusive of GST and delivery unless indicated.

 

 

Packing

 

 

6. The cost of any special packing and packing materials used in relation to the goods are at the buyer’s expense notwithstanding that such cost may have been omitted from any quotation.

 

 

Shortage

 

 

7.The buyer waives any claim for shortage of any goods delivered if a claim in respect for short delivery has not been lodged with the seller within seven (7) days from the date of receipt of goods by the buyer. Specifications, Drawings, etc

 

 

Training

 

 

8. Any performance figures given by the seller are estimates only. The seller is under no liability for damages for failure of the goods to attain such figures unless specifically guaranteed in writing. Any such written guarantees are subject to the recognised tolerances applicable to such figures.

9. The nature and duration of any training to be provided is specified overleaf.

10. The Seller does not warrant that any training provided will consist of all required training for any particular good.

11. Training provided by the seller in relation to product usage will only consist of product training and will not consist of skills training.

 

 

Delivery

12.(a) The delivery times made known to the buyer are estimates only and the seller is not be liable for late delivery or non-delivery.
(b) The seller is not be liable for any loss, damage or delay occasioned to the buyer or its customers arising from late or non-delivery or late installation of the goods.
(c) The seller may at its option deliver the goods to the buyer in any number of instalments unless there is an endorsement overleaf to the effect that the buyer will not take delivery by instalments.
(d) If the seller delivers any of the goods by instalments, and any one of those instalments is defective for any reason:

 

 

  • (1) it is not a repudiation of the contract of sale formed by these conditions; and
    (2) the defective instalment is a severable breach that gives rise only to a claim for compensation. Loss or damage in transit

13. (a) The seller is not responsible to the buyer or any person claiming through the buyer for any loss or damage to goods in transit caused by any event of any kind by any person (whether or not the seller is legally responsible for the person who caused or contributed to that loss or damage).
(b) The seller must provide the buyer with such assistance as may be necessary to press claims on carriers so long as the buyer:

  • (1) has notified the seller and the carriers in writing immediately after loss or damage is discovered on receipt of goods; and
    (2) lodges a claim for compensation on the carrier within three (3) days of the date of receipt of the goods.

 

 

 

Seller’s Liability

14.(1) The seller’s liability for goods manufactured by it is limited to making good any defects by repairing the defects or at the seller’s option by replacement, within a period not exceeding twelve (12) calendar months after the goods have been dispatched so long as:

 

 

  • (a) defects have arisen solely from faulty materials or workmanship;
    (b) the goods have not received maltreatment, inattention or interference;
    (c) accessories of any kind used by the buyer are manufactured by or approved by seller;
    (d) the seals of any kind on the goods remain unbroken; and
    (e) the defective parts are promptly returned free of cost to the seller.


(2) If the goods are not manufactured by the seller the guarantee of the manufacturer of those goods is accepted by the buyer and is the only guarantee given to the buyer in respect of the goods. The seller agrees to assign to the buyer on request made by the buyer the benefit of any warranty or entitlement to the goods that the manufacturer has granted to the seller under any contract or by implication or operation of law to the extent that the benefit of any warranty or entitlement is assignable.
(3) The seller is not liable for and the buyer releases the seller from any claims in respect of faulty or defective design of any goods supplied unless such design has been wholly prepared by the seller and the responsibility for any claim has been specifically accepted by the seller in writing. In any event the seller’s liability under this paragraph is limited strictly to the replacement of defective parts in accordance with para 11(1) of these conditions.
(4) Except as provided in these conditions, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded. The seller is not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of the goods or arising out of the seller’s negligence or in any way whatsoever.

 

15. The seller’s liability for a breach of a condition or warranty implied by Div 2 of Pt V of the Trade Practices Act 1974 (other than s 69) is limited to:

  • (1) in the case of goods, any one or more of the following:
    • (a) the replacement of the goods or the supply of equivalent goods;
      (b) the repair of the goods;
      (c) the payment of the cost of replacing the goods or of acquiring equivalent goods;
      (d) the payment of the cost of having the goods repaired; or

    (2) in the case of services:
    • (a) the supplying of the services again; or
      (b) the payment of the cost of having the services supplied again.

       

16. The seller’s liability under s 74H of the Trade Practices Act 1974 is expressly limited to a liability to pay to the purchaser an amount equal to:

  • (1) the cost of replacing the goods;
    (2) the cost of obtaining equivalent goods; or
    (3) the cost of having the goods repaired, whichever is the lowest amount.

     

 

 

Prices

 

 

17.(a) Unless otherwise stated all prices quoted by vendor are inclusive of Goods and Services Tax (GST).
(b)Prices quoted are those ruling at the date of issue of quotation and are based on rates of freight, insurance, customs duties, exchange, shipping expenses, sorting and stacking charges, cartage, cost of materials and other charges affecting the cost of production ruling on the date is made.
(c) If the seller makes any alterations to the price of the goods or to any of their inputs either before acceptance of or during the currency of the contract, these alterations are for the buyer’s account.

 

 

Payment

18. (a) Payment must be received by Test & Tag prior to dispatch of the good or provision of the services or training.
(b) Payment must be made in the manner specified overleaf or through the Website.

 

 

 

 

 

Rights in relation to goods

19. The seller reserves the following rights in relation to the goods until all accounts owed by the buyer to the seller are fully paid:

 

 

  • (1) ownership of the goods;
    (2) to enter the buyer’s premises (or the premises of any associated company or agent where the goods are located) without liability for trespass or any resulting damage and retake possession of the goods; and
    (3) to keep or resell any goods repossessed pursuant to (2) above. If the goods are resold, or products manufactured using the goods are sold, by the buyer, the buyer shall hold such part of the proceeds of any such sale as represents the invoice price of the goods sold or used in the manufacture of the goods sold in a separate identifiable account as the beneficial property of the seller and shall pay such amount to the seller upon request. Notwithstanding the provisions above the seller shall be entitled to maintain an action against the buyer for the purchase price and the risk of the goods shall pass to the buyer upon delivery.

 

 

Buyer’s property

 

 

20. Any property of the buyer under the seller’s possession, custody or control is completely at the buyer’s risk as regards loss or damage caused to the property or by it.

 

 

Storage

 

 

21.The seller reserves the right to make a reasonable charge for storage if delivery instructions are not provided by the buyer within fourteen days of a request by the seller for such instructions. The parties agree that the seller may charge for storage from the first day after the seller requests the buyer to provide delivery instructions.

 

 

Returned goods

 

 

22.(a) The seller is not be under any duty to accept goods returned by the buyer and will do so only on terms to be agreed in writing in each individual case.
(b) If the seller agrees to accept returned goods from the buyer under para (a) of this clause, the buyer must return the goods to the seller at the seller’s place of business referred to at the head of these conditions.

 

 

Goods sold

 

 

23. All goods to be supplied by the seller to the buyer are as described on the purchase order agreed by the seller and the buyer and the description on such purchase order modified as so agreed prevails over all other descriptions including any specification or enquiry of the buyer. Cancellation

24. No order may be cancelled except with consent in writing and on terms which will indemnify the seller against all losses.

 

 

Place of contract

 

 

25. (a) The contract for sale of the goods is made in the state or territory of Australia from which this document is issued.
(b) The parties submit all disputes arising between them to the courts of such state or territory and any court competent to hear appeals from those courts of first instance



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