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AGREEMENT BETWEEN USER AND Graphic Art Mart | Sign Vinyl Supplier
The Graphic Art Mart | Sign Vinyl Supplier Web Site is comprised of various Web pages
operated by Graphic Art Mart | Sign Vinyl Supplier.


The Graphic Art Mart | Sign Vinyl Supplier Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Graphic Art Mart | Sign Vinyl Supplier Web Site constitutes your agreement to all such terms, conditions, and notices.
 
MODIFICATION OF THESE TERMS OF USE


Graphic Art Mart | Sign Vinyl Supplier reserves the right to change the terms, conditions, and notices under which the Graphic Art Mart | Sign Vinyl Supplier Web Site is offered, including but not limited to the charges associated with the use of the Graphic Art Mart | Sign Vinyl Supplier Web Site.
 
LINKS TO THIRD PARTY SITES


The Graphic Art Mart | Sign Vinyl Supplier Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Graphic Art Mart | Sign Vinyl Supplier and Graphic Art Mart | Sign Vinyl Supplier is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Graphic Art Mart | Sign Vinyl Supplier is not responsible for webcasting or any other form of transmission received from any Linked Site. Graphic Art Mart | Sign Vinyl Supplier is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Graphic Art Mart | Sign Vinyl Supplier of the site or any association with its operators.
 
NO UNLAWFUL OR PROHIBITED USE


As a condition of your use of the Graphic Art Mart | Sign Vinyl Supplier Web Site, you warrant to Graphic Art Mart | Sign Vinyl Supplier that you will not use the Graphic Art Mart | Sign Vinyl Supplier Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Graphic Art Mart | Sign Vinyl Supplier Web Site in any manner which could damage, disable, overburden, or impair the Graphic Art Mart | Sign Vinyl Supplier Web Site or interfere with any other party's use and enjoyment of the Graphic Art Mart | Sign Vinyl Supplier Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Graphic Art Mart | Sign Vinyl Supplier Web Sites.
 
USE OF COMMUNICATION SERVICES


The Graphic Art Mart | Sign Vinyl Supplier Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
 
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
     
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
     
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
     
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
     
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
     
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
     
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
     
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
     
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
     
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
     
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
     
  • Violate any applicable laws or regulations.
Graphic Art Mart | Sign Vinyl Supplier has no obligation to monitor the Communication Services. However, Graphic Art Mart | Sign Vinyl Supplier reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Graphic Art Mart | Sign Vinyl Supplier reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Graphic Art Mart | Sign Vinyl Supplier reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Graphic Art Mart | Sign Vinyl Supplier's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Graphic Art Mart | Sign Vinyl Supplier does not control or endorse the content, messages or information found in any Communication Service and, therefore, Graphic Art Mart | Sign Vinyl Supplier specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Graphic Art Mart | Sign Vinyl Supplier spokespersons, and their views do not necessarily reflect those of Graphic Art Mart | Sign Vinyl Supplier.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
 
MATERIALS PROVIDED TO Graphic Art Mart | Sign Vinyl Supplier OR POSTED AT ANY Graphic Art Mart | Sign Vinyl Supplier WEB SITE


Graphic Art Mart | Sign Vinyl Supplier does not claim ownership of the materials you provide to Graphic Art Mart | Sign Vinyl Supplier (including feedback and suggestions) or post, upload, input or submit to any Graphic Art Mart | Sign Vinyl Supplier Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Graphic Art Mart | Sign Vinyl Supplier, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Graphic Art Mart | Sign Vinyl Supplier is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Graphic Art Mart | Sign Vinyl Supplier's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
 
LIABILITY DISCLAIMER


THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Graphic Art Mart | Sign Vinyl Supplier WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Graphic Art Mart | Sign Vinyl Supplier AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Graphic Art Mart | Sign Vinyl Supplier WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Graphic Art Mart | Sign Vinyl Supplier WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Graphic Art Mart | Sign Vinyl Supplier AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Graphic Art Mart | Sign Vinyl Supplier WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Graphic Art Mart | Sign Vinyl Supplier AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Graphic Art Mart | Sign Vinyl Supplier AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Graphic Art Mart | Sign Vinyl Supplier WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Graphic Art Mart | Sign Vinyl Supplier WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Graphic Art Mart | Sign Vinyl Supplier WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Graphic Art Mart | Sign Vinyl Supplier WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Graphic Art Mart | Sign Vinyl Supplier OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Graphic Art Mart | Sign Vinyl Supplier WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Graphic Art Mart | Sign Vinyl Supplier WEB SITE.

SERVICE CONTACT : websales@gamart.com.au
 
TERMINATION/ACCESS RESTRICTION


Graphic Art Mart | Sign Vinyl Supplier reserves the right, in its sole discretion, to terminate your access to the Graphic Art Mart | Sign Vinyl Supplier Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the Graphic Art Mart | Sign Vinyl Supplier Web Site. Use of the Graphic Art Mart | Sign Vinyl Supplier Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Graphic Art Mart | Sign Vinyl Supplier as a result of this agreement or use of the Graphic Art Mart | Sign Vinyl Supplier Web Site. Graphic Art Mart | Sign Vinyl Supplier's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Graphic Art Mart | Sign Vinyl Supplier's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Graphic Art Mart | Sign Vinyl Supplier Web Site or information provided to or gathered by Graphic Art Mart | Sign Vinyl Supplier with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Graphic Art Mart | Sign Vinyl Supplier with respect to the Graphic Art Mart | Sign Vinyl Supplier Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Graphic Art Mart | Sign Vinyl Supplier with respect to the Graphic Art Mart | Sign Vinyl Supplier Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
 
COPYRIGHT AND TRADEMARK NOTICES:


All contents of the Graphic Art Mart | Sign Vinyl Supplier Web Site are: © Copyright 2018 Graphic Art Mart Pty Ltd and/or its suppliers. All rights reserved.
 
TRADEMARKS


The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.
 
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT


Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
STANDARD TERMS AND CONDITIONS OF SALE GRAPHIC ART MART PTY LIMITED 
1. These terms apply to all goods sold by Graphic Art Mart Pty Ltd (“the Company”). These terms override all terms proposed by any customer including terms set out on any order or other documents. If other terms are proposed these terms are deemed to be reoffered to and accepted by the customer or their agents on delivery of the goods. These terms may be varied at any time by the Company. The terms at the time of delivery of goods will prevail if there is any conflict.
2. These terms constitute the entire agreement. No other representations are made by the Company in relation to supply of the goods. These terms may only be varied, or additional terms incorporated (other than terms of the product description, quantity, indicative price and delivery instructions set out on each order) if in writing signed by a representative of the Company of the status of General Manager or above. There are no other terms and to the extent permitted all other terms including warranties that may be implied, including statutory terms, are excluded.
3. If any trading agreement exists between the Company and the customer these terms nevertheless apply to all goods supplied which are also covered by the trading agreement though, if there is an inconsistency with these terms, the trading agreement will prevail to the extent of any inconsistency. No trading agreement will legally bind the Company or the customer unless in writing and signed by a representative of the Company of the status of General Manager or above, and the customer.
4. In these terms and conditions: ‘Company’ means Graphic Art Mart Pty Limited; ‘Customer’ means the individual, Company or other organisation to whom the Company may agree to supply goods in accordance with the Company’s standard conditions of sale; and ‘Manufacturer’ means the original supplier of goods where the Company is not the original creator.

Ordering, Acceptance and Price
5. Orders once received from a customer are irrevocable. The Company may withdraw from the supply of goods ordered at any time up to delivery. Any quotation of the Company may be varied or withdrawn up to the time of delivery and will lapse on any specified expiry date.
6. The customer is responsible for ensuring all quotations and orders are accurate. The Company takes no responsibility for errors in respect of the goods, quantity or price set out on any quotation or order.
7. All prices quoted or advised are strictly net based on the quantity and the pack sizes at the date of quotation or order. Prices may be varied to those at the date of delivery and will be adjusted accordingly to any change in any costs to the Company or variation in quantity or pack sizes. Prices are exclusive of GST.
8. The customer is responsible for the following costs and charges in addition to the price unless otherwise specified in the Company’s quotation:
(a) altering items to non-standard sizes;
(b) special packaging or tooling requirements;
(c) service charge where the invoice value is below the minimum determined by the Company from time to time;
(d) expenses incurred by the Company due to deferral of delivery at the customer’s request beyond the delivery date specified or cancellation of the customer’s invoice; and
(e) GST and all other statutory taxes and charges
9. Orders once received cannot be deferred unless agreed to in writing by the Company and the customer indemnifies the Company for any loss.
10. Confirmation of order documents must be clearly marked otherwise they will be treated as original orders.
11. If for any reason the goods ordered are unavailable, the Company has the right to substitute alternative goods provided they are reasonably equivalent in all respects (unless the customer’s order specified otherwise). If quantity and pack sizes vary from the date of quotation or order the Company may substitute alternative sizes but not so that the customer is required to purchase in aggregate more goods than ordered.
12. If the Company agrees to make available any goods for the carrying out of any tests or certification processes then those tests or processes will be carried out by the customer at the customer’s cost and risk. By providing goods for the undertaking of testing or processes pursuant to this clause the Company expressly does not assume any responsibility for the goods whatsoever including any liability if the results of the tests or processes carried out are wrong.

Packaging and Delivery
13. Delivery will take place at the Company’s premises where the customer’s order is accepted unless the Company agrees at the customer’s cost and risk to effect delivery or arrange freight to an address specified by the customer, in which case delivery will take place at such address. The customer will provide all necessary labour and equipment to safely off load the goods at a reasonable access point at any address specified for delivery.
14. All reusable packaging remains the Company’s property. The customer must, following the unpacking of goods, retain all packaging of which title does not pass to the customer on delivery. The customer is responsible for any damage or loss to any packaging and may not treat packaging as being abandoned if such packaging is not promptly collected by the Company or manufacturer after unpacking.
15. Acceptance of delivery of the goods by the customer is deemed to be acceptance of the condition and correctness of goods ordered.
16. The Company reserves the right to supply or deliver by instalments, and each instalment will be deemed to be sold under a separate contract. Failure to supply or deliver any instalment will not entitle the customer to repudiate any order.

Safety
17. Prior to any order and at delivery, the customer must ensure it and or its agents have all documents and information regarding all goods which may be supplied by the Company, as required under all health and safety and environmental laws and standards.

Title and Risk
18. Notwithstanding delivery or freight arrangements, risk (including deterioration, loss or damage) passes to the customer preloading at the Company’s premises or at an address specified by the customer or if shipped directly from the manufacturer preloading at the manufacturer’s premises or if shipped directly from outside Australia preloading at the port of entry in Australia. The customer is responsible for all insurance of the goods from the point when risk passes.
19. All shipments are made at the Customer’s risk and cost, although freight charges are subsidised by the Company. Normal deliveries are charged at cost unless the value of the goods being shipped is in excess of the local freight free order value of $300.00 ex GST. Remote area customers freight free order value is $500.00 ex GST. Special deliveries which include out of area special deliveries (see website), dangerous goods, substrates and machinery can be arranged at the Customer’s cost.
20. Title passes to the customer when the Company has been paid in full for all goods supplied by it to the customer.
21. Until the customer has paid all monies owed to the Company;
(a) the Company retains a purchase money security interest in the goods and the proceeds of sale of the goods under the Personal Property Securities Act 2009 (PPSA);
(b) the customer consents to the Company registering a security interest under the PPSA and agrees to do all things reasonably required by the Company to effect such registration;
(c) the customer waives any right the customer has under PPSA to receive notice in relation to registration of the Company’s interest in the goods under the PPSA;
(d) the customer will immediately advise the Company of any changes which may affect the Company’s security interest.

Intellectual Property
22. The Company reserves copyright in all documents, drawings and specifications produced by the Company or on the Company’s behalf in connection with the goods.

Company Connection
23. The customer must not advertise or publish that the supplier and the Company have a contract for the supply of goods or to refer to the Company in any advertising and/or merchandising material without first obtaining the prior written consent of the Company.
24. The customer must not reproduce, modify, amend or publish, or allow to be reproduced, modified, amended or published, the Company’s registered or unregistered trademarks, names or logos without first obtaining the prior written consent of the Company.

Returned Goods
25. Where goods are rejected by the Customer as not being in accordance with the Customer’s order, the Company will only accept the return of such goods provided that it receives written notice within 5 working days of receipt of the goods by the Customer. If no notice is received the goods shall be deemed to have been accepted by the Customer. Returned goods will not be accepted without a Return Authorisation Number which will be supplied by the Company on receipt of the Customer notice.
26. Where the Company has supplied goods in accordance with a Customer order, the Company will accept the return of those goods subject to the payment by the Customer of a restocking charge of $50.00 per item or 25% of the value of the goods invoiced (whichever is greater) and the cost of freight both ways. The Customer must quote the invoice numbers that goods were supplied under. The goods must be in the same condition they were dispatched by the company to the Customer. If the Customer complies with these conditions, the Company will provide the Customer with a credit in respect of the goods returned.

Defects
27. The Company will not consider any claim for compensation, indemnity or refund until liability, if any, has been established or agreed with the Manufacturer and where applicable, the Company’s or the Manufacturer’s insurance company.
28. In the case of defects or faulty workmanship in the goods or any part of the goods supplied by the Company the Customer is not entitled to any greater compensation than the Company receives from the Manufacturer.

Cancellation of Orders
29. Requests by a Customer for cancellation of any order or for rescheduling of deliveries will only be considered by the Company if made in writing. The Customer must pay to the Company an amount equal to all costs incurred in the preparation and delivery of the order and its cancellation or rescheduling.

Force Majeure
30. The Company is not liable for the cancellation or partial delivery of any order or part order if performance by the Company is prevented or delayed directly or indirectly by any cause beyond the reasonable control of the Company whether such cause existed or was foreseeable at the date of acceptance of the Customer’s order by the Company or not.

Payment Method
31. Payment for goods may be by cash, cheque, direct deposit, electronic bank transfer, MasterCard, Visa or American Express, as agreed with the Company.

Customer Default
32. If: 
(a) the Customer defaults or commits any breach of any of its obligations to the Company; or
(b) the Customer at any time becomes bankrupt or, if an incorporated body, any resolution or petition to wind up its business is passed or presented otherwise than for reconstruction or amalgamation, or if a liquidator or receiver or manager of such corporate body or its undertaking property or assets or any part thereof is appointed, or if the Customer is insolvent or is unable, or admits its liability, to meet its commitments promptly as and when due, then the Company may (without prejudice to any other claims or rights which the Company might have) immediately cancel any uncompleted order or cancel or suspend delivery. In addition, and notwithstanding any other provisions of the Company’s standard conditions of sale, payments for any delivery already made shall immediately become due.

Invoicing and Payment
33. Payment must be made by the end of the month following the month in which the goods were delivered (the “due date”). In the event payment is not made by the due date the Company reserves the right to suspend or cancel undelivered orders and to take proceedings for recovery. The customer must pay interest equal to 1.5% per month for each month or part thereof on overdue amounts from the due date until paid. The customer is not entitled to any retention or otherwise retain any amount due to the Company. All payments are to be made without deduction or equitable or other set off whatsoever.
34. Until the Company has been paid in full for all goods supplied by it to the customer: -
(a) the Company remains the owner and the customer is only a bailee;
(b) the customer must store the goods separately from any other goods, keep them readily identifiable as the Company’s goods and maintain proper records of any sale or disposal of the goods;
(c) the customer bears all risk in respect of the goods from delivery and must fully insure them;
(d) the customer will not sell the goods except in the ordinary course of business;
(e) and the customer will hold the proceeds of any sale or disposal to the extent of the amount due to the Company in a separate account for the Company’s benefit and promptly pay that amount to the Company.
35. At all times the customer will allow the Company access to the premises occupied by the customer during normal business hours and to the goods in order to inspect the goods and retake possession of the goods at any time prior to payment in full of the price payable for all goods supplied by the Company to the customer and for other monies payable by the customer to the Company. The customer acknowledges that this access shall be full, free and unhindered and shall not be or constitute trespass by the Company. The customer indemnifies the Company for any liability or loss it suffers seeking to exercise its rights of access and retaking possession.

Warranty and Indemnity
36. Errors and misprints in computation, typing or otherwise in the Company’s documents including catalogues, price lists, delivery docket, invoice or statement or credit note shall be subject to correction by the Company by means of reissue of the document or by adjusting dockets with reference to the original transaction.
37. The customer acknowledges that the Company is a wholesaler and it does not manufacture nor warrant products sold by it nor does it hold sufficient technical expertise or skills to evaluate a customer’s requirement or orders.
38. Warranties and provisions that may be implied by the Competition and Consumer Act 2010 and any other legislation are expressly excluded except to the extent that exclusion is prohibited by the legislation and this overrides these terms.
39. Subject to paragraph 38, the Company gives no warranty whatsoever in relation to the goods sold to the customer, whether in regard to the quality of the goods, fitness of the goods for any purpose or the compliance of the goods sold with any description or sample produced by either party to the other at any time, whether prior to, at the time of or subsequent to the customer placing an order for the goods with the Company, or otherwise. The customer warrants that the goods will be installed and used 
(a) only in applications for which the goods were manufactured and are able to be satisfied by the goods specifications and
(b) in accordance with all manufacturer’s instructions and good and usual industry standards including being fully tested as safe prior to use.
40. Subject to paragraph 38, any remaining liability of the Company, if any, to the customer arising from the supply of goods by the Company or pursuant to any contract whether the liability arises for breach of contract or at common law, including the law relating to negligence by the Company, is limited to repair by the Company of the goods, the resupply by the Company or replacement goods at no additional charge or the refund of the price paid by the customer for the goods giving rise to liability, whichever the Company deems appropriate. In no case will the Company incur liability for any loss or damage exceeding the sale price of the goods paid by the customer for the goods nor on account of losses or damages suffered by the customer including loss of profit, damage to property or personal injury arising from that supply or that agreement, whether arising directly, incidentally or consequently.
41. Subject to paragraph 38, all information contained in any documents, catalogues, price lists, photographs, brochures and other illustrations or advertising material and drawings represent generally the subject matter of the goods and will not be taken as necessarily representing the goods the subject of any quotation or order and will not form part of any contract or agreement for supply.
42. Subject to paragraph 38, except as otherwise expressly provided in these terms, the customer releases the Company from all actions, claims, demands, losses, liability, damages and expenses arising from or in relation to the supply of the goods and indemnifies the Company for any loss or liability that the Company may suffer (including the legal costs on an indemnity basis in defending or prosecuting any claim) arising from the use by the customer of the goods or a breach of these terms including warranties by the customer.

Privacy
43. The Customer agrees that the Company may disclose a credit report or any personal information derived from it to another credit provider in order to assess the credit worthiness of the Customer, or to assess an application for credit by the Customer or to help the Customer avoid defaulting on credit obligations or to notify a default to the Customer.
 

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