Conditions of Use

TERMS & CONDITION OF SALE

 

PLEASE READ CAREFULLY: UNLESS THE CUSTOMER HAS ANOTHER VALID AGREEMENT WITH AUSTRALIAN POLYMORE P/L OR ITS SUPPLIERS WHICH TERMS APPLY TO THE SPECIFIC PRODUCT OR SERVICE PURCHASED OR UNLESS OTHER AUSTRALIAN POLYMORE P/L TERMS OR ADDITIONAL AUSTRALIAN POLYMORE P/L TERMS ARE SPECIFIED ON ANY AUSTRALIAN POLYMORE P/L SPECIFIC PRODUCT, THE FOLLOWING AUSTRALIAN POLYMORE P/L TERMS AND CONDITIONS OF SALES AND SERVICE (TERMS) (WITH ANY ADDITIONAL AUSTRALIAN POLYMORE P/L TERMS IF SO SPECIFIED) WILL APPLY AND GOVERN ALL AUSTRALIAN POLYMORE P/L SALES AND LICENSES OF AUSTRALIAN POLYMORE P/L PRODUCTS AND SERVICES.

 

BY USING, DOWNLOADING, INSTALLING, COPYING, OR ACCESSING THE PRODUCT, OR BY CHOOSING THE “I ACCEPT” OPTION LOCATED ON OR ADJACENT TO THE SCREEN WHERE THIS AGREEMENT MAY BE DISPLAYED, YOU AGREE TO THE TERMS BELOW. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, AND DELIVERY OF THE PRODUCT OR SERVICE IS EFFECTED, DO NOT USE, DOWNLOAD, INSTALL, COPY, OR ACCESS THE PRODUCT OR SERVICE, AND PROMPTLY RETURN THE PRODUCT WITH PROOF OF PURCHASE TO THE PARTY FROM WHOM YOU ACQUIRED IT AND OBTAIN A REFUND OF THE AMOUNT YOU PAID, IF ANY. IF YOU DOWNLOADED ANY SOFTWARE, CONTACT THE PARTY FROM WHOM YOU ACQUIRED IT.

 

1. DEFINITIONS

 

a) “Delivery” means standard AUSTRALIAN POLYMORE P/L shipping to and arrival at the “Ship To” address in the state where your order is placed, unless otherwise indicated on the order form.

 

b) “Products” means product,, documentation, accessories, supplies, parts and upgrades that are determined by AUSTRALIAN POLYMORE P/L to be available from AUSTRALIAN POLYMORE P/L upon receipt of your order.

 

c) “Specifications” means specific technical information about AUSTRALIAN POLYMORE P/L Products which is published in AUSTRALIAN POLYMORE P/L Product manuals and technical data sheets in effect on the date AUSTRALIAN POLYMORE P/L ships your order.

 

d) “Support” means product maintenance and repair; showroom product maintenance; training; and other standard support services provided by AUSTRALIAN POLYMORE P/L.

 

2. PRICES

 a) Prices are exclusive of GST and includes Delivery charges unless otherwise indicated on the order form and are valid for the period indicated, subject to paragraph b). The final price will be fixed at the time AUSTRALIAN POLYMORE P/L sends its acknowledgment of your order. You must notify AUSTRALIAN POLYMORE P/L promptly of any errors or omissions of any kind in payment terms, including price, contained in AUSTRALIAN POLYMORE P/L’S acknowledgment.

 

b) AUSTRALIAN POLYMORE P/L reserves the right to correct the price at any time prior to Delivery where there has been a typographical or other error in the price. AUSTRALIAN POLYMORE P/L shall notify you of the corrected price. You may choose to pay the corrected price, however if you do not choose to pay the corrected price, then AUSTRALIAN POLYMORE P/L shall have the right to cancel your order without further obligation to you.

 

3. ORDERS

 a) All orders are subject to acceptance by AUSTRALIAN POLYMORE P/L as evidenced by AUSTRALIAN POLYMORE P/L’S acknowledgment.

 

b) You will specify Ship To addresses within the country where the order is placed, unless otherwise agreed.

 

c) If your order is for Products, or Support which is obsolete, old or out of stock, AUSTRALIAN POLYMORE P/L will notify you and offer the option of a substitute good (which may be a different price) or cancellation of your order. If you choose to take the substitute good, your order will be amended a new acknowledgement sent by AUSTRALIAN POLYMORE P/L.

 

4. DELIVERY

 a) AUSTRALIAN POLYMORE P/L will make reasonable efforts to ship your order within the delivery times stipulated in the order acknowledgement. If AUSTRALIAN POLYMORE P/L is unable to meet this deadline it will notify you of any expected delay and offer the option of a substitute good (which may be a different price) or a refund of the payment made. If you choose to take the substitute good, your order will be amended and a new acknowledgement sent by AUSTRALIAN POLYMORE P/L.

 

b) AUSTRALIAN POLYMORE P/L will not make deliveries to schools, hotels, motels and restaurants except to offices of these establishments. AUSTRALIAN POLYMORE P/L will also not make deliveries to PO boxes, pavements and streets. AUSTRALIAN POLYMORE P/L reserves the right to ask for information required to authenticate the identity of the purchaser including name, address and credit card number prior to handover of the goods ordered.

 

5. SHIPMENT AND RISK OF LOSS

 AUSTRALIAN POLYMORE P/L will ship according to AUSTRALIAN POLYMORE P/L’S standard commercial practice, and risk of loss and damage will pass to you at Ship To address. If special packing or shipping instructions are agreed, including shipment by overnight delivery service, charges will be billed to you, and risk of loss and damage will pass to you on delivery to carrier.

 

6. INSTALLATION AND ACCEPTANCE

 a) Product installation information, is available with any of our Products, if applicable. Unless specifically mentioned AUSTRALIAN POLYMORE P/L will NOT provide installation for Products purchased.

 

b) Products, acceptance by you occurs upon Delivery. AUSTRALIAN POLYMORE P/L recommends that customers retain packaging for at least 15 days after acceptance or Delivery. You have 3 days after accepting delivery to make a claim on damage, after this stage you accept all ownership of the product.

 

7. CANCELLATIONS, RETURNS AND REFUNDS

 In addition to the mandatory statutory rights available to customers under applicable consumer laws, AUSTRALIAN POLYMORE P/L will issue a customer a refund if the following circumstances apply:

 a) the order is cancelled prior to Shipment of the Product. “Shipment” is defined as the time the Product is ready to be loaded on any mode of transport AUSTRALIAN POLYMORE P/L chooses for the purposes of Delivery, or for on-site Support services, the time that the AUSTRALIAN POLYMORE P/L Customer Service Representative is ready to depart for the site at which the Support services are to be carried out; or

 

b) the Product is returned within 30 days of purchase without being opened. Collection charges apply. These charges vary depending on the date and place of collection. AUSTRALIAN POLYMORE P/L may deduct collection charges from the amount to be refunded. If a product is faulty, PLEASE REFER TO OUR RETURN POLICY.

 

8. PAYMENT

 a) Payment must be made in the manner prescribed on the order form. Any credit terms are subject to AUSTRALIAN POLYMORE P/L approval.

 

b) AUSTRALIAN POLYMORE P/L may discontinue performance if you fail to pay any sum due, or fail to perform under this or any other AUSTRALIAN POLYMORE P/L agreement if, after 10 days written notice, the failure has not been cured.

 

c) Title to the Products will pass upon the later of full payment or Delivery of Products.

 

9. SUPPORT

 a) You may request Support from AUSTRALIAN POLYMORE P/L’S then current Support offering. Some Support (and related Products) may not be available in all states. Orders for Support are subject to the terms of the offering in effect on the date of order. Some Support (and related Products) may not be available in all states.

 

b) To be eligible for Support, Products must be at current specified revision levels and, in AUSTRALIAN POLYMORE P/L’S reasonable opinion, in good operating condition.

 

c) AUSTRALIAN POLYMORE P/L may, at no additional charge, modify Products to improve operation, supportability and reliability, or to meet legal requirements.

 

d) Relocation of Products is your responsibility.

 

e) AUSTRALIAN POLYMORE P/L does not provide Support for products not supplied by AUSTRALIAN POLYMORE P/L or approved by AUSTRALIAN POLYMORE P/L in writing, or for Products which you do not allow AUSTRALIAN POLYMORE P/L to modify. You are responsible for removing such products to allow AUSTRALIAN POLYMORE P/L to perform Support services. If Support services are made more difficult because of such a product, AUSTRALIAN POLYMORE P/L will charge you for the extra work at AUSTRALIAN POLYMORE P/L’S standard rates.

 

f) Support may use remanufactured parts which are equivalent to new in performance. Replaced parts become the property of AUSTRALIAN POLYMORE P/L.

 

g) Support does not cover any damage or failure caused by:

 1) use of non-AUSTRALIAN POLYMORE P/L products, supplies and other products; or

 2) site conditions that do not conform to AUSTRALIAN POLYMORE P/L’S site specifications; or

 3) neglect, improper use, fire or water damage, transportation by you, work or modification by people other than AUSTRALIAN POLYMORE P/L employees or subcontractors, or other causes beyond AUSTRALIAN POLYMORE P/L’S control; or

 4) inability of any non-AUSTRALIAN POLYMORE P/L products in your environment to correctly process, provide or receive date data (i.e., representations for months, day, and year), and to properly exchange date data with the Products supplied by AUSTRALIAN POLYMORE P/L.

 

h) AUSTRALIAN POLYMORE P/L materials provided and/or used by AUSTRALIAN POLYMORE P/L in providing Support remain the exclusive property of AUSTRALIAN POLYMORE P/L. You may use such materials only for activities related to, and only during the term of, AUSTRALIAN POLYMORE P/L’s provision of Support. Upon termination or expiration of Support, you will either (at AUSTRALIAN POLYMORE P/L’s option) return to AUSTRALIAN POLYMORE P/L or destroy such materials.

 

i) You are responsible for maintaining a procedure external to the Products to reconstruct lost. You will have a representative present when AUSTRALIAN POLYMORE P/L provides Support services at your site. You are responsible for preparing and maintaining a safe and suitable site in accordance with AUSTRALIAN POLYMORE P/L‘s site specifications. You will notify AUSTRALIAN POLYMORE P/L if Products are being used in an environment which poses a potential health hazard to AUSTRALIAN POLYMORE P/L employees or subcontractors; if this is the case, AUSTRALIAN POLYMORE P/L may require you to move such Products into or maintain them in a safe environment in order for AUSTRALIAN POLYMORE P/L to carry out the Support services. AUSTRALIAN POLYMORE P/L may not provide Support if AUSTRALIAN POLYMORE P/L reasonably believes that conditions at the site represent a safety or health risk.

 

10. WARRANTY

 a) Product warranty period and additional information is available in this document, with Products, or upon request. AUSTRALIAN POLYMORE P/L reserves the right to change the warranty. Such changes will affect only new orders. The warranty period begins on the date of Delivery. When contacting AUSTRALIAN POLYMORE P/L for warranty purposes, AUSTRALIAN POLYMORE P/L reserves the right to ask for information pertaining to ascertaining validity of purchase including name, address and serial number of product purchased.

 

b) AUSTRALIAN POLYMORE P/L warrants AUSTRALIAN POLYMORE P/L Products against defects in materials and workmanship.

 

c) Subject to applicable consumer laws, if AUSTRALIAN POLYMORE P/L receives notice of defects in the product during the warranty period, AUSTRALIAN POLYMORE P/L will, at its option, repair, or replace the affected Products. If AUSTRALIAN POLYMORE P/L is unable, within a reasonable time, to repair, replace or correct a defect in a Product to a condition as warranted, you will be entitled to a refund of the purchase price upon prompt return of the Product to AUSTRALIAN POLYMORE P/L. AUSTRALIAN POLYMORE P/L will pay expenses for shipment of repaired or replacement Products.

 

f) AUSTRALIAN POLYMORE P/L warrants that AUSTRALIAN POLYMORE P/L Support will be provided in a professional and workmanlike manner. Subject to applicable consumer laws, AUSTRALIAN POLYMORE P/L will replace, at no charge, parts which are defective and returned to AUSTRALIAN POLYMORE P/L within 90 days of Delivery.

 

g) Some newly manufactured AUSTRALIAN POLYMORE P/L Products may contain, and AUSTRALIAN POLYMORE P/L Support may use, remanufactured parts which are equivalent to new in performance.

 

h) The above warranties do not apply to defects resulting from improper or inadequate maintenance or adjustments by you; your or third party supplied product, interfacing or supplies; unauthorized modification; improper use or operation outside of the Specifications for the Product; abuse, negligence, accident, loss or damage in transit; improper site preparation; or unauthorized maintenance or repair.

 

i) TO THE EXTENT PERMITTED BY APPLICABLE CONSUMER LAWS, THE REMEDIES IN THESE AUSTRALIAN POLYMORE P/L TERMS AND CONDITIONS OF SALES AND SERVICE ARE YOUR SOLE AND EXCLUSIVE REMEDIES. EXCEPT TO THE EXTENT PERMITTED, BY THOSE LAWS, THE WARRANTY TERMS CONTAINED IN THIS STATEMENT DO NOT EXCLUDE, RESTRICT OR MODIFY AND ARE IN ADDITION TO THE MANDATORY STATUTORY RIGHTS APPLICABLE TO THE SALE OF THIS PRODUCT TO YOU.

 

11. LIMITATION OF LIABILITY AND REMEDIES

 a) Products are not specifically designed, manufactured or intended for sale as parts, components or assemblies for the planning, construction, maintenance, or direct operation of a nuclear facility. You are solely liable if Products or Support purchased by you are used for these applications. You will indemnify and hold AUSTRALIAN POLYMORE P/L harmless from all loss, damage, expense or liability in connection with such use.

 

b) To the extent permitted by applicable law, and to the extent AUSTRALIAN POLYMORE P/L is held legally liable to you, whether in contract, tort, statute or otherwise, AUSTRALIAN POLYMORE P/L’S liability is limited to:

 

1) damages for bodily injury.

 2) other direct damages for any claim based on a material breach of Support services, up to a maximum of 12 months of the related Support charges paid by you during the period of material breach.

 

c) To the extent permitted by applicable law, and notwithstanding Section 12-b) above, in no event will AUSTRALIAN POLYMORE P/L or its affiliates, subcontractors or suppliers be liable for any of the following:

 1) actual loss or direct damage that is not listed in 12-b) above.

 3) damages relating to your procurement of substitute products or services

 (i.e., “cost of cover”); or

 4) incidental, special or consequential damages (including downtime costs or lost profits)

 

d) TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE REMEDIES IN THESE AUSTRALIAN POLYMORE P/L TERMS AND CONDITIONS OF SALE AND SERVICE ARE YOUR SOLE AND EXCLUSIVE REMEDIES.

 

13. GENERAL

 a) Transactions may be conducted through Secure Sockets Layer (“SSL”) or other electronic methods, as agreed.

 

b) AUSTRALIAN POLYMORE P/L will not be liable for performance delays or for non-performance due to causes beyond its reasonable control.

 

c) If either party becomes insolvent, is unable to pay its debts when due, files for bankruptcy, is the subject of involuntary bankruptcy, has a receiver appointed, or has its assets assigned, the other party may cancel any unfulfilled obligations.

 

d) You may not assign any rights or obligations hereunder without the prior written consent of AUSTRALIAN POLYMORE P/L.

 

e) Disputes arising in connection with these AUSTRALIAN POLYMORE P/L Terms and Conditions of Sale and Service will be governed by the laws of Victoria, Australia.

 

g) Provisions herein which by their nature extend beyond the termination of any sale or license of Products or Support will remain in effect until fulfilled.

 

h) These AUSTRALIAN POLYMORE P/L Terms and Conditions of Sale and Service and any additional terms referred to within these Terms and Conditions thereto constitute the entire agreement between AUSTRALIAN POLYMORE P/L and you, and supersede any previous communications, representations or agreements between the parties, whether oral or written, regarding transactions hereunder. Your additional or different terms and conditions will not apply. Your purchase or license of Products, Software and Support will constitute your acceptance of these AUSTRALIAN POLYMORE P/L Terms and Conditions of Sale and Service, which may not be changed except by an amendment signed by the parties.

AUSTRALIAN POLYMORE PTY. LTD.
FACTORY 4/11-13 FODEN AVE
CAMPBELLFIELD VIC 3061
AUSTRALIA

PH: 61 3 93088058 FAX: 61 3 94343004

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