TERMS AND CONDITIONS
ATTENTION: PLEASE READ ALL THESE PROVISIONS (“TERMS”) CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES YOUR AGREEMENT AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE OR DOWNLOAD MATERIALS FROM THIS SITE.
The Site and its Use
The 111 Abrasives Australia Pty. Ltd. Pty Ltd Web site is owned and provided by 111 Abrasives Australia from its offices in Ormeau, Queensland, Australia. The applicable Web site or sites are referred to herein as the “Site.” Each Site is provided for your personal information and non-commercial use. Please feel free to browse the Site; however, your access to and use of the Site is subject to these Terms and all applicable laws.
You shall use the Site for lawful purposes only. You shall not post or transmit through the Site any information or material which violates or infringes, in any way, the rights of others, or which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, harassing, or otherwise objectionable. Nor shall you post or transmit through the Site any information or material which encourages conduct that would constitute a criminal offence, give rise to liability or otherwise violate any law or administrative ruling or guidelines, is in violation of these Terms, or which, without 111 Abrasives Australia Pty. Ltd. prior written approval, contain advertising or any solicitation with respect to products or services. Any conduct by you that, in 111 Abrasives Australia Pty. Ltd. opinion, restricts or inhibits any other user from using or enjoying the Site will not be permitted.
The Site contains information and materials, including but not limited to, text, software, photos, video, graphics and audio, (collectively “Materials”) which are derived in whole or in part from information and materials supplied by 111 Abrasives Australia Pty. Ltd. and other sources, and are protected by international copyright, trademark and other laws and the entire content of the Site is copyrighted as a collective work under the Australian Copyright Laws. 111 Abrasives Australia Pty. Ltd. owns the copyright in the overall selection, coordination, arrangement and enhancement of such content, and owns the rights in, or license to use, the individual components of such content. Materials may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way or decompiled, reverse engineered or disassembled, including but not limited to the text, images, audio and/or video, as well as any software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software), except that you may download one copy of the Materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright, trademark and other proprietary notices and make no change in or deletion of author attribution. This limited authorization is not a transfer of title in the Materials and by your use of the Site, you acknowledge that you do not acquire any license, ownership or other rights to the Materials. Modification of the Materials or use of the Materials for any other purpose is a violation of 111 Abrasives Australia Pty. Ltd.’s or such other sources’ copyright, trademark and other proprietary rights and may violate other laws. The use of any such Materials on any other Web site or networked computer or environment is prohibited without 111 Abrasives Australia Pty. Ltd.’s express written consent. If you breach any of these Terms, your authorization to use the Site automatically terminates and you must immediately destroy any downloaded or printed Materials.
111 Abrasives Australia Pty. Ltd. may provide as a convenience to you, links to Web sites operated by other entities and persons, but makes no representations whatsoever about any other Web site which you may access through this one. Any link to a non-111 Abrasives Australia Pty. Ltd. Web site does not mean that 111 Abrasives Australia Pty. Ltd. endorses or accepts any responsibility for the content, or the use of such Web site. If you use these sites, you do so at your own risk. 111 Abrasives Australia Pty. Ltd. makes no warranty or representation regarding, and does not sponsor or endorse, any linked Web sites or the information or materials appearing thereon or any of products and services described thereon. Furthermore, links do not imply that 111 Abrasives Australia Pty. Ltd. is affiliated or associated with, or that any linked site is authorized to use any trademark, trade name, logo, or copyright of 111 Abrasives Australia Pty. Ltd..
Third Party Content
Any opinions, statements, services, offers or other information or content expressed or made available in the Site by any third party are those of the respective authors) or distributors) and not of 111 Abrasives Australia Pty. Ltd.. Limitation of Liability Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the Materials contained in the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.
UNDER NO CIRCUMSTANCES WILL 111 Abrasives Australia Pty. Ltd., ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED AT, OR INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, COSTS AND EXPENSES OF ANY TYPE INCURRED, LOST PROFITS, LOST DATA OR PROGRAMS, AND BUSINESS INTERRUPTION) ARISING OUT OF YOUR ACCESS TO, USE, INABILITY TO USE OR THE RESULTS OF USE OF THE SITE, ANY WEB SITES LINKED TO THE SITE, OR ANY MATERIALS CONTAINED AT ANY OR ALL SUCH SITES (INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE; ERROR; OMISSION; LINKING TO OTHER WEB SITES; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; COMMUNICATION LINE FAILURE; OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY COMPUTER OR SYSTEM), WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT 111 Abrasives Australia Pty. Ltd. WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
111 Abrasives Australia Pty. Ltd. SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
111 Abrasives Australia Pty. Ltd. obligations and responsibilities regarding its products and services are governed solely by 111 Abrasives Australia Pty. Ltd.’s terms and conditions of sale or license under which such products and services are sold or licensed. Copies of such terms and conditions are available from the applicable 111 Abrasives Australia Pty. Ltd. entity.
Information Provided By You
Accordingly, 111 Abrasives Australia Pty. Ltd. does not want you to, and you should not, send any confidential or proprietary information to 111 Abrasives Australia Pty. Ltd. through the Site unless specifically requested by 111 Abrasives Australia Pty. Ltd.. Please note that any unsolicited information or material sent to 111 Abrasives Australia Pty. Ltd. will be deemed not to be confidential or proprietary. By submitting information and material to the Site, you automatically grant to 111 Abrasives Australia Pty. Ltd. (or warrant that the owner of such information and material has expressly granted to 111 Abrasives Australia Pty. Ltd.) a royalty-free, perpetual, irrevocable, unrestricted, right and license to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute, or otherwise make available to other such information and material (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also agree that 111 Abrasives Australia Pty. Ltd. is free to use any ideas, concepts, know-how, or techniques that you send 111 Abrasives Australia Pty. Ltd. for any purpose.
As further provided above, 111 Abrasives Australia Pty. Ltd. does not want to receive, and you are deemed to covenant and agree through the use of the Site not to provide, any information or materials to 111 Abrasives Australia Pty. Ltd. that are defamatory, threatening, obscene, harassing, in violation of any law, governmental requirements or otherwise unlawful, or that incorporate the proprietary information or materials of another person or entity.
You shall not upload, post or otherwise make available on the Site any information and material protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission.
111 Abrasives Australia Pty. Ltd. reserves the right, in its sole discretion, to revise these Terms at any time and correct any errors or omissions in any portion of the Site and Materials. Materials may also be changed, modified, added, or removed and updated without notice at any time; however, 111 Abrasives Australia Pty. Ltd. is under no obligation to update Materials. 111 Abrasives Australia Pty. Ltd. may also make changes in the products, services, programs, or prices (if any) described in the Site at any time without notice. Your continued use of the Site after any change 111 Abrasives Australia Pty. Ltd. makes to the Site will be considered acceptance of those changes. You should revisit these Terms from time to time to review the then-current Terms because they are binding on you.
Linking to Site:
Anyone linking to 111 Abrasives Australia Pty. Ltd. Site must comply with 111 Abrasives Australia Pty. Ltd. guidelines for linking to 111 Abrasives Australia Pty. Ltd. Site and all applicable laws.
The Site is administered by 111 Abrasives Australia Pty. Ltd. from its offices in Australia. Materials published at the Site may refer to products, programs, or services that are not available in your country. Consult your local 111 Abrasives Australia Pty. Ltd. business contact in this regard. Furthermore, 111 Abrasives Australia Pty. Ltd. makes no representation that the Materials at the Site are appropriate or available for use at other locations outside of Australia and access to them from territories where there contents are illegal is prohibited. You may not use the Site or export information and materials in violation of the export laws of Australia or any other country. If you access the Site from a location outside of Australia, you are responsible for compliance with all applicable laws.
These Terms shall be governed by the laws of Australia, without giving effect to any principles of conflicts of law. If any provision of this Agreement and Terms shall be unlawful, void, or for any reason unenforceable then that provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms constitute the entire agreement between 111 Abrasives Australia Pty. Ltd. and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within six (6) months after the claim or cause of action arises.
20% re-stocking fee applies to all returned products providing they are in re-saleable condition.
Refunds will not be provided to a customer if the sole reason for the customer to seek a refund is due to a change of mind or if the product has been specially manufactured or purchased for the customer.
Refunds are available only at the discretion of 111 Abrasives Australia Pty Ltd.
All prices contained in the quotation will be exclusive of GST and freight. All prices are in Australian dollars. All invoices that are in Australian Dollars must be settled in Australian Dollars.
The minimum order value, excluding GST is $50.00 Australian Dollars.
Payment and Credit Terms
In order to send out goods to non-account holders payment must first be received. Unless otherwise agreed upon in writing.
Account holders, the purchase price shall be paid within 30 days of the end of the month in which the invoice is dated. In addition, the customer shall pay compounding interest on a daily balance basis to the seller on the overdue outstanding purchase amount at the rate of 1.5 percent per month from start of the overdue period until the amount is paid in full.
The customer will inspect the goods on delivery and will within seven (7) days of delivery notify 111 Abrasives Australia Pty Ltd in writing of any alleged defect, shortage in quantity, errors, omissions or failure to comply with the order or quotation.
111 Abrasives Australia does not warrant that the goods are fit for any particular purpose or intended use by the customer.
The supplier warrants and represents that:
The goods will be of acceptable quality and fit for any purpose which the customer makes known to us.
The goods will be free from defects in design, material and workmanship.
We will provide adequate information relating to the goods or services and to the use of the goods or the results of the services.
The goods or services will comply with all applicable laws in Australia, as well as any relevant laws in the place of manufacture or place of performance of the services in relations to:
– Their safety, manufacture, packaging, labelling, transportation and sale;
– The nature, substance, quality, weight and measurement of the goods;
– And services;
The operation of our business complies with all laws, including law relating to employment, the environment and health and safety, bribery and corruption;
The services will be provided with due care and skill and in timely, professional manner and in accordance with the customer’s reasonable directions; and
The goods or services will not infringe the intellectual property rights of a third party.
If goods require replacement or repair due to a manufacturing defect during the warranty period the good must be shipped, at the cost of the customer, to us and we will either fix or replace the good which will then be shipped again to the customer at the customer’s expense.