"Company" means Augusta Golf Cars (Pty) Ltd
"Site" means this web site or the web site of any one of Augusta Golf Cars (Pty) Ltd subsidiaries or affiliated companies, as appropriate.
"Augusta" means Augusta Golf Cars (Pty) Ltd, and its subsidiaries and affiliated companies.
1. Binding Agreement
Use of this Site is available only to those users who are in compliance and agreement with these terms and conditions of use as well as the other terms and conditions referenced elsewhere on this Site. Please note that by accessing, viewing, using, or downloading materials from the Site, you agree to be legally bound by all of the terms, conditions and notices contained or referenced herein.
2. License and Site Access
Subject to these terms and conditions and all applicable laws and regulations, the Company grants you a non-exclusive, non-transferable, personal, limited license to download, access, view, use and display this Site and the text, graphics, content, information, audio, video and other services (the "Materials"), which the Company makes available to you from time to time on the terms and conditions set forth in this Agreement. This authorization is not a transfer of title to the Site or the Materials contained herein, and any downloading, modification, reproduction, copying or redistribution for commercial purposes of any information or Materials or design elements of the Site is strictly prohibited without the prior written consent of the Company. Requests for permission to reproduce any information contained on this Site should be addressed to the Company at ezgo @ ezgo.com.au.
Notwithstanding the above, the Company authorizes you to make one (1) electronic or paper copy of the information posted on any page of the Site, provided that the copy is used solely for non-commercial, personal purposes, and further provided that any such copy remains protected by all copyright, trademarks, Site marks, and other proprietary notices and legends contained on the Site.
This license does not include the right to modify this Site, or any portion of it, except with the express written consent of the Company. Any resale or commercial use of this Site or its contents; any collection and use of any product or service listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction rules is prohibited.
You agree to all additional restrictions displayed on the Site as it may be updated from time to time. You agree to use this Site for lawful purposes only, and shall not post or transmit any information or material which in any way infringes or violates the rights of others or which is unlawful, defamatory, threatening, invasive of privacy or publicity, obscene, harassing or otherwise objectionable.
You have no ownership rights in the Site or in the Materials. Rather, you have a license to download, access, view, use and display this Site and the Materials as long as this Agreement remains in full force and effect. Unless otherwise noted, ownership of the Site and the Materials and all intellectual property rights therein shall remain at all times with the Company or their respective owners.
4. Your Account
If you are a registered user of this Site, you are responsible for maintaining the confidentiality of your account and password. If you use this Site, you are responsible for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The Company reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE, MATERIALS, CONTENT, RELATED COMMUNICATIONS AND SOFTWARE MADE AVAILABLE ON THE SITE ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OF IMPLIED WARRANTIES MAY NOT BE APPLICABLE UNDER CERTAIN CIRCUMSTANCES. THE COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR CONTENT DISPLAYED OR DISTRIBUTED ON THIS SITE, INCLUDING BUT NOT LIMITED TO THE RELIABILITY OF ANY ADVICE, STATEMENT, ADVERTISEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE BY THE USE OF THIS SITE THAT ANY RELIANCE ON ANY SUCH MATERIALS, CONTENT, ADVICE, STATEMENT, ADVERTISEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK.
THE COMPANY DISCLAIMS ANY WARRANTIES FOR THE SECURITY OR RELIABILITY OF THE MATERIALS. THE COMPANY DOES NOT ASSUME ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGE TO, OR VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE, OR BROWSING OF THE SITE (INCLUDING ANY BULLETIN BOARD OR CHAT ROOM) OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE.
THE MATERIALS INCLUDED IN THE SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. THE COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. THE COMPANY MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
6. Links to Third-Party Sites
The Company may provide on this Site, solely as a convenience to its users, links to web sites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. The Company does not make any warranty or representa-tion regarding, or endorse or otherwise sponsor, any linked web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that the Company is affiliated or associated with the linked site, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links; or that any linked site is affiliated or associated with the Company or is authorized to use any trademark, trade name, logo or copyright symbol of the Company.
7. Third-Party Content
Any information, statements, opinions, services or other information provided by third parties and made available on this Site are those of the respective author(s) and not the Company. Such information and the like may be updated from time to time directly by the respective authors. The disclaimer set forth above applies regardless of the updating party.
7a. Deep Linking and Framing
You are prohibited from reproducing or "framing" pages or content provided by the Company or its affiliates. You may link to internal pages within this Site, provided that you do not copy or frame the content found there.
8. Unsolicited Information Provided by You
The Company does not want you to, and you should not, send any confidential or proprietary information to the Company through this Site unless specifically requested by the Company. Please note that any unsolicited information or material sent to the Company will be deemed not to be confidential or proprietary. By submitting information and material to this Site, you grant to the Company (or warrant that the owner of such information and material has expressly granted to the Company) 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 others 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 the Company is free to use any ideas, concepts, know-how or techniques that you send to either of them for any purpose.
The Company does not want to receive, and you are deemed to agree through the use of this Site not to provide, any information or materials to the Company 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. If you provide any such information, it is agreed that you are solely responsible and liable for any damages or other harm resulting from such submission.
You shall not upload, post or otherwise make available on this 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.
9. Notice of Copyright Infringement
We respect the intellectual property of others, and we ask our users to do the same. To the extent that you have provided any work and if you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please provide the Copyright Agent (as identified below) with the following information:
(a) identification of the copyrighted work claimed to have been infringed;
(b) identification of the allegedly infringing material on the Site that is requested to be removed;
(c) your name, address and daytime telephone number, and an e-mail address if available, so that the Company may contact you if necessary;
(d) a statement that you have a good faith belief that use of the copyrighted work is not authorized by the copyright owner, its agent or the law;
(e) a statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
(f) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
The Copyright Agent for Notice of claims of copyright infringement on the Site can be reached at ezgo @ ezgo.com.au.
If the Company is notified of any claims of copyright infringement on the Site, it may investigate the allegation and determine in good faith and at its sole discretion whether to remove or request the removal of the work or material. The Company has no liability or responsibility to users for performance or nonperformance of such activities.
10. Limitation of Liability
YOUR USE AND BROWSING OF THE SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE SOFTWARE, MATERIALS, PRODUCTS OR SERVICES CONTAINED IN THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO REQUEST THE REMOVAL OF YOUR CONTENT FROM THE SITE AND/OR TO DISCONTINUE ACCESSING AND USING THE SITE.
UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED ON, OR INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION OR DATA) ARISING OUT OF YOUR ACCESS TO, USE OF, INABILITY TO USE OR THE RESULTS OF USE OF THIS SITE OR THE MATERIALS, ANY WEB SITES LINKED TO THIS 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 THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
The obligations and responsibilities of the Company regarding its respective products and services, if any, are governed solely by the 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 directly from the Company.
All content contained herein is subject to change without notice, but the Company has no responsibility to update any information on this Site. The Company reserves the right to change or modify the terms and conditions applicable to the use of this Site at any time. Such changes, modifications, additions, or deletions to the terms and conditions of use shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting new terms and conditions on the Site. Any use of the Site after such change or modification shall be deemed to constitute acceptance by you of such changes, modifications, additions, or deletions. Because they will be binding on you, you should revisit these terms from time to time. The Company may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. The Company may also impose limits on certain features and services or restrict your access to parts of the Site without notice or liability.
This Agreement and the licenses granted herein will terminate automatically and without notice if you fail to comply with any term or condition of this Agreement; provided, however, that all provisions relating to disclaimers, limitation of liability, copyright, trademarks and other proprietary rights of the Company shall survive the termination of this Agreement.
13. Choice of Law and Forum
These terms and conditions of use and any dispute between you and the Company arising out of or related to this Agreement or your use of this Site (the "Disputes") shall be construed, interpreted and governed by the laws Australia, without giving effect to its conflict of laws provisions. The state and federal courts located in [Queensland] shall have exclusive jurisdiction and be the exclusive venue for the Disputes and you consent to the personal and exclusive jurisdiction and venue of these courts in connection with the Disputes. You must commence any claim or cause of action that you may have with respect to the Disputes by filing only in these courts within one (1) year after the claim or cause of action arises.
14. Entire Agreement
These terms and conditions shall constitute the entire agreement between the Company and you and supersedes any previous oral, written or electronic communications or documents with respect to the subject matter herein. If any part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
This Site, including all information and Materials contained in it, are copyrighted and protected by worldwide copyright, trademark and other laws and treaty provisions. You agree to comply with all copyright, trademark and other laws worldwide in your use of this Site and to prevent any copying, reproduction, modification, distribution, displaying, performing or transmission in violation thereof or of these terms and conditions. Except as expressly provided in these terms and conditions, the Company does not grant any express or implied license or third party right to you under any patents, trademarks, copyrights or trade secret information of the Company or of any third party.
16. Copyright Notice
All Web Site design, text, graphics and the selection and arrangement thereof, are the property of the Company.
17. Trademark and Site Mark Rights
All rights in the product names, company names, trademarks, trade names, Site marks, logos, product packaging and designs of the Company or third party products or web sites ("Company Marks"), whether or not appearing in large print or with the trademark symbol, belong exclusively to the Company or their respective owners and are protected under national and international trademark and copyright laws. Users are not permitted to use the Company Marks without the prior express written consent of the owner of such mark.
18. Transfer Restrictions
You shall not sublicense, transfer or assign this Agreement or any of the rights or licenses granted under this Agreement. Any attempted transfer in violation of the foregoing is void.
All descriptions, quotations, proposals, offers, acknowledgments, acceptances and sales of parts and accessories ("Products") sold via the ezgo.com.au and shopezgo.com.au websites ("Website") of Augusta Golf Cars Pty Limited ("Company") are subject to and shall be governed exclusively by the provisions of these STANDARD TERMS AND CONDITIONS OF SALE (the "Agreement"). Purchaser's offer to purchase Products from Company is limited to the terms and conditions of this Agreement. Any terms or conditions in addition to, or inconsistent with those stated herein, that are proposed by Purchaser in any offer to Company are hereby, by reference, totally rejected. No such additional, different or inconsistent terms and conditions shall become part of this Agreement between Company and Purchaser unless expressly agreed to in a writing signed by both parties. Company's acceptance of any offer to purchase by Purchaser is expressly conditioned upon Purchaser's full agreement to all the terms and conditions herein stated, and any terms in addition to, or inconsistent with those contained in Purchaser's Product order or receipt by Purchaser of Company's Products, shall in all events constitute full acknowledgment of and assent to the terms and conditions in this Agreement.
2. LIMITED WARRANTY
Any Products purchased from Company via the Website shall be free from defects in material or workmanship under normal use and service (the "Limited Warranty"). This Limited Warranty with respect only to parts is for defects reported to Company no later than three (3) months from the date of delivery of the Products to the Purchaser's location. Products repaired or replaced under this Limited Warranty are warranted for three (3) months from the date of delivery.
EXCLUSIONS: Specifically EXCLUDED from this Limited Warranty are:
(a) Routine maintenance items, cosmetic deterioration or electrical components susceptible to fluctuations in electric current.
(b) Damage to a Product resulting from inadequate maintenance, neglect, abuse, accident or collision.
(c) Damage to a Product resulting from installation or use of non-Company approved parts or accessories.
(d) Damage to a Product during shipment to the Purchaser.
REMEDY: Purchaser's sole and exclusive remedy under this Limited Warranty in the event of a defect in material or workmanship in the Product is that Company will, at its sole option, repair or replace any defective Product. If Company elects to repair or replace a defective Product, Company may at its discretion provide a factory reconditioned Product or new Product from an alternate supplier. All replaced Products become the sole property of Company. This exclusive remedy will not be deemed to have failed of its essential purpose so long as Company has made reasonable efforts to repair or replace the defective Product.
DISCLAIMER: THIS LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY PROVIDED FOR THE PRODUCTS AND IS MADE IN LIEU OF ALL OTHER WARRANTIES, IMPLIED OR EXPRESSED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL SUCH OTHER WARRANTIES BEING EXPLICITLY DISCLAIMED.
LIMITATIONS: THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE (OR JURISDICTION TO JURISDICTION). THE RESPONSIBILITY OF COMPANY FOR PRODUCT MALFUNCTIONS AND DEFECTS IS LIMITED TO REPAIR AND REPLACEMENT OF THE PRODUCTS AS SET FORTH IN THE LIMITED WARRANTY. ALL EXPRESS AND IMPLIED WARRANTIES FOR THE PRODUCT, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN TIME TO THE TERM OF THE LIMITED WARRANTY. NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER THE LIMITED WARRANTY PERIOD HAS EXPIRED. SOME STATES DO NOT ALLOW SPECIFIC LIMITATIONS ON IMPLIED WARRANTIES OR THEIR DURATION, SO THIS LIMITATION MAY NOT APPLY TO YOU.
Company reserves the right to improve, modify or change the design of any Company Product without being responsible to modify previously manufactured Products.
No Company employee or representative, or any other person, has any authority to bind Company beyond the terms of this Limited Warranty without the express written approval of the Company Warranty Department.
3. DELIVERY, TITLE AND RISK OF LOSS
The Products will be delivered to the Purchaser's designated location and risk of loss will transfer upon delivery to the Purchaser's location. Title will transfer upon delivery of the Products by Company to the common carrier. Unless otherwise indicated in the purchase order, all delivery dates specified in the purchase order are estimates only and time is not of the essence in Company's performance of any purchase order. IN NO EVENT SHALL COMPANY BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR LIQUIDATED DAMAGES ARISING OUT OF OR RELATED TO A DELAY OR FAILURE TO DELIVER COMPANY PRODUCTS.
4. PACKING and SHIPMENT
Purchaser shall promptly and thoroughly inspect all shipments of Products immediately after delivery. Purchaser shall notify Company in writing within five (5) business days after the delivery of any Product of any damage to the Product or error in the shipment. Company reserves the right to refuse to adjust any errors in shipment or damage to the Products in the event the foregoing procedure has not been followed. Purchaser shall within five (5) business days after delivery notify the Company in writing of any other failure of Products to conform to this Agreement which is reasonably discoverable upon delivery. All failures of Products to conform to this Agreement not reported to the Company as required by this Section 4 will be deemed forever waived.
Any applicable duties or sales, use, excise, value-added or similar taxes will be added to the price and included in the invoice.
6. TERMS OF PAYMENT
(a) The full price of all Products shall be due and payable in cash or cash equivalent upon order of the Products, unless Company has agreed in writing to extend credit to Purchaser, in which event the price of all Products delivered pursuant to such extension of credit shall be due and payable as provided in such separate writing. Company may at any time, and for any reason whatever, revoke its extension of credit or alter the terms and conditions thereof with respect to any sale without prior notice to Purchaser prior to shipment.
(b) Unless otherwise agreed to by Company, all payments shall be in Australian Dollars.
(c) On late payments, the price shall, without prejudice to Company's right to immediate payment, be increased by the lesser of 1 1/2% per month on the unpaid balance or the maximum permitted by law.
(d) If any time in Company's reasonable judgment, Purchaser is unable or unwilling to meet the payment terms specified, Company may require satisfactory assurance or full or partial payment as a condition to commencing or continuing manufacture or making shipment, and may, if shipment has been made, recover the Products from the carrier, pending receipt of such assurances.
7. LIMITATION OF LIABILITY
IN NO CASE SHALL COMPANY OR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INSURERS AND ATTORNEYS BE LIABLE TO PURCHASER OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSSES FOR PROPERTY DAMAGE, PERSONAL INJURY, DEATH, ECONOMIC LOSS OR LOSS OF CONVENIENCE, ARISING FROM OR RELATED TO ANY ALLEGED FAILURE OF A PRODUCT OR ANY OTHER BREACH OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, WHETHER OR NOT AUGUSTA GOLF CARS PTY LTD WAS APPRISED OF THE FORSEEABILITY OF SUCH DAMAGES OR LOSSES. THE RIGHT OF PURCHASER TO RECOVER DAMAGES WITHIN THE LIMITATIONS SET FORTH IN THE LIMITED WARRANTY IS PURCHASER'S EXCLUSIVE ALTERNATIVE REMEDY IF THE LIMITED REMEDY OF REPAIR OR REPLACEMENT OF THE PRODUCT FAILS OF ITS ESSENTIAL PURPOSE. THE PARTIES AGREE THAT THIS ALTERNATIVE REMEDY WILL BE ENFORCEABLE EVEN IF THE LIMITED REMEDY OF REPAIR OR REPLACEMENT FAILS OF ITS ESSENTIAL PURPOSE.
8. FORCE MAJEURE
The Company shall not be liable to Purchaser or any third party for Company's failure to perform any of its obligations under this Agreement when the failure is caused in whole or in part by the occurrence of any contingency beyond the control of the Company or its Affiliates, including but not limited to war (whether an actual declaration thereof is made or not) or hostility; sabotage, terrorism, insurrection, riot or other act of civil disobedience, crime, tort or other unlawful act; act of a public enemy; failure or delay in transportation; act of any government or any agency, subdivision or branch thereof; judicial action; strike or other labour dispute; accident, fire, epidemic, explosion, flood, storm or other act of God; shortage of labour, fuel, materials or machinery, or technical failure; or delay or failure to perform by any supplier. In the event of a shortage of Products which makes it impossible or impracticable for the Company to fill all orders from all of its purchasers in the quantities and within the time periods originally agreed upon, the Company will allocate its available Products in any manner it deems reasonable. In no event shall Purchaser's lack of finances or ability to perform or pay be considered an event of Force Majeure.
9. CHOICE OF LAW; BINDING ARBITRATION
(a) This Agreement shall be governed by and construed in accordance with the laws of the State of Queensland, Australia, exclusive of its conflict of law provisions.
(b) BINDING ARBITRATION: ANY CLAIM, DISPUTE, OR CONTROVERSY, (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN PURCHASER AND COMPANY, arising from or relating to this Agreement (including but not limited to the Limited Warranty), its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE Australian Centre for International Commercial Arbitration (ACICA) under its Code of Procedure then in effect available via the Internet at http://www.acica.org.au or via telephone at (+61 (0) 2 9223 1099 ) or at (Level 16, 1 Castlereagh Street Sydney NSW 2000). The arbitration will be limited solely to the dispute or controversy between Purchaser and Company and NEITHER PURCHASER NOR COMPANY SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER PURCHASERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Company will be responsible for paying any arbitration filing fees and fees required to obtain a hearing to the extent such fees exceed the amount of the filing fee for initiating a claim in the court of general jurisdiction in the state in which Purchaser resides. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for shifting providing by law. Information may be obtained and claims may be filed with the ACICA. The exclusive place of arbitration shall be Brisbane, Queensland, Australia.
10. STATUTE OF LIMITATIONS
To the extent permitted by applicable law, any lawsuit for breach of contract, including breach of warranty, arising out of or related to the transactions covered by this Agreement, must be commenced not later than twelve (12) months from the date the cause of action arose.
11. COMPLIANCE WITH EXPORT LAWS AND REGULATIONS
If Purchaser is responsible for obtaining export approvals, Purchaser warrants that it will not assist or participate in any export of Products or related technical data without first obtaining the required export license and will not knowingly assist or participate in any such diversion or other violation of applicable Australian laws and regulations. If Company is responsible for obtaining export approvals, Purchaser shall assist Company, as necessary, in obtaining such approvals. Purchaser shall indemnify and hold harmless Company for any losses or claims arising out of or related to Purchaser's failure to comply with applicable export control laws and regulations.
12. ANTI-CORRUPTION COMPLIANCE
In the event Purchaser resells the Products outside of Australia, Purchaser certifies that neither Purchaser nor any of its officers, employees or representatives have paid, offered to pay or promised to pay, or authorized the payment of, directly or indirectly through any other person or firm, anything of value (in the form of compensation, gift, contribution or otherwise) to: (a) any person or entity employed by or acting for or on behalf of any other purchaser, whether private or governmental, for the purpose of inducing or rewarding any favourable action by such purchaser in connection with this transaction; or (b) any government official, political party or official of such party, or any candidate for political office, for the purpose of inducing or rewarding favourable action or the exercise of influence by such official, party or candidate in connection with this transaction. Purchaser shall indemnify and hold harmless Company and its affiliates for any losses or claims arising out of or related to Purchaser's failure to comply with the provisions of this Section 12.
13. RELATIONSHIP OF THE PARTIES
Nothing in this Agreement makes Company or Purchaser the agent or legal representative of the other party for any purpose. Neither party has authority to assume or to create any obligation on behalf of the other party.
The failure of Company to enforce any right or remedy provided in this Agreement or any other agreement between the parties, or by law, on a particular occasion will not be deemed a waiver of that right or remedy on a subsequent occasion or a waiver of any other right or remedy.
A finding that any provision of this Agreement is invalid or unenforceable in any jurisdiction will not affect the validity or enforceability of any other provision of this Agreement or the validity or enforceability of that provision in any other jurisdiction.
16. ASSIGNMENT and DELEGATION
No right or interest in the sale of Products hereunder shall be assigned by Purchaser without the written permission of Company, and no delegation of any obligation owed, or the performance of any obligation by Purchaser, shall be made without the written permission of Company. Any attempted assignment or delegation shall be wholly void and totally ineffective for all purposes unless made in conformity with this Section 16. Company shall have the right to assign this Agreement or any related purchase order and its obligations thereunder to any affiliate of Company or any successor to substantially all of the assets of Company. In the event of a proper assignment, this Agreement shall be binding upon and inure to the benefit of either party's successors or assigns.
17. THIRD PARTY RIGHTS
Notwithstanding any provision of law, no third party shall have any right to enforce this Agreement or any other contractual rights against Company or its affiliates, except as explicitly set forth in this Agreement.
18. INTERPRETATION, PAROL EVIDENCE
This Agreement is intended as a final expression of the relationship between Company and Purchaser and as a complete and exclusive statement of the terms thereof. No course of prior dealings between Company and Purchaser, and no usage of the trade shall be relevant to supplement or explain any term used herein. Acceptance or acquiescence in a course of performance rendered hereunder shall not be relevant to determine the meaning of this Agreement even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code is used herein, the definition contained in the Uniform Commercial Code shall control.
19. ENTIRE AGREEMENT
This Agreement, including attachments hereto, constitutes the entire understanding and agreement between the parties and supersedes any prior oral or written agreements with respect to the subject matter hereof.
For Return Request Form, Please Click Here
AGC must be notified within five (5) business days of delivery of any goods received in damaged condition through the submission of a Request for Return Merchandise Authorisation Form Damaged goods must be returned to AGC within thirty (30) days of delivery.
Goods Received in Error:
AGC must be notified within five (5) business days of any goods shipped in error through the submission of a Request for Return Merchandise Authorisation From. Such goods must be returned uninstalled and in new condition. The goods must be returned to AGC within thirty (30) days of delivery.
A request to return new undamaged goods must be made to AGC within thirty (30) days of delivery through the submission of a Request for Return Merchandise Authorisation Form. The goods must be returned uninstalled and new condition. Return requests received more than thirty (30) after delivery will not be accepted.
The following goods are not eligible for return, unless then wrong goods are shipped to you in error or goods are received in damaged condition: Parts, Accessories, Electrical Items, Hardware, Product Manuals, Tyres & Wheels, Paint Pens and Cleaning and Maintenance Products.
The costs of return shipments and a 15% restocking fee will be charged to you on all returned goods other than when: (i) the wrong goods are shipped to you by AGC, (ii) goods are received in damaged condition, or (iii) the goods are subject to a warranty claim.
All returns require a Return Authorisation Number ("RMA #") that is provided to you by email along with a return shipment label after a completed Request Merchandise Authorisation Form has been received by AGC. Upon receipt of completed Request Merchandise Authorisation Form, a Request Merchandise Authorisation (RMA) number will be emailed to you. Return requests without RMA # will not be processed. All return authorisations are subject to review and approval by AGC.
Please complete the form below so we can accurately process your return. A credit will be issued to the method of payment used during the purchase of the goods, less shipping costs, if the return is not as a result of a shipping error or goods received in damaged condition. Please allow up to 5 business days from date received for the processing of your return request.
For goods subject to a warranty claim, you should first contact the AGC Warranty Department at +61 7 3807 8895 Option 5
All Customers To request a return, please select the link below, complete the Request for Return Merchandise Authorisation Form, and email to firstname.lastname@example.org
Request for Merchandise Return Form
Last revision Feb 2012