Terms and Conditions CDC Laser
1 Return Policy CDC Laser has the right to refuse to accept return of goods for “change of mind”. In instances where CDC Laser agrees to accept goods back, there will be a 15% restock fee payable of the total complete purchase, by the customer. In cases where goods are not regular stock or have been cut, manipulated in any way, or a specialty purchased by CDC Laser or its associated companies no returns will be accepted.
- Liability The Customer waives any claims, demands, causes of action or recoveries for punitive, exemplary, indirect or consequential damages arising under this Agreement, or otherwise with respect to the sale of goods or services, and completely indemnifies the Company, without limitation, for any lost revenues or profits, consequential or incidental damages, injury to persons or property, business interruption or damage to business reputation, including any tort or statutory causes of action, in relation to the supply to it by the Company of any goods and services, including any liquor related products, which the Company may supply to the customer.
3.CDC Laser shall not be liable for any loss or damage whatsoever and howsoever arising whether direct indirect or consequential or in respect of any claim whenever and however made for any loss or damage deterioration deficiency or other fault or harm in the goods manufactured, work executed or services provided by or on behalf of or in any arrangement with CDC Laser or occasioned to the purchaser or any third or other party or to his or their property or interest and whether or not due to the negligence of CDC Laser its servants or agents.
3..2 As soon as any of the facts or matters which form any part of any claim or complaint whatsoever become known to the purchaser, the purchaser shall within fourteen days notify CDC Laser in writing of the same.
3..3 CDC Laser shall not be liable in any circumstances for any;
(i) defects or damages caused in while or in part by misuse, abuse, neglect, electrical or other overload, non suitable lubricant, improper installation repair or accident.
(ii) any transport freight charges installation removal labour or other costs;
(iii) defects in goods we will endeavor to pass on to the purchaser the benefit of any claim made by CDC Laser and accepted by the manufacturer of such goods under a warranty given by the manufacturer of such goods provided that nothing contained in this subparagraph shall limit the rights of the purchaser to proceed against CDC Laser pursuant to the Trade Practices Act 1974.
(iv) technical advice or assistance given or rendered by it to the purchaser or not in connection with the manufacture construction or supply of goods for or to the purchaser provided always that CDC Laser has rendered such services with due care and skill and that any material supplied in connection with those services are reasonably fit for the purpose for which they are supplied.
3.4 The exemptions, limitations, terms and conditions in these terms and conditions shall apply whether or not the loss or damage is caused by negligence or actions constituting fundamental breach of contract.
4 Force Majeure
If by reason of any fact, circumstance, matter or thing beyond the reasonable control of CDC Laser is unable to perform in whole or in part any obligation under this agreement CDC Laser shall be relieved of that obligation under this agreement to the extent and for the period that it is so unable to perform and shall not be liable to the purchaser in respect of such inability
Unless otherwise inconsistent with the context the word “person” shall also mean corporation;
- “goods” shall include services.
- Words importing the singular number shall be deemed to include the plural and vice versa. Words importing the male gender shall be deemed to include the female and neuter gender and vice versa.
- ” CDC Laser” or “The Company” shall mean CDC Laser its successors and assigns and is also described as “The Company”
- “The Customer/The Purchaser/The Applicant” have the same meaning
6.1 Any date quoted for delivery is an estimate only and unless a guarantee shall have been given by CDC Laser in writing. The purchaser shall accept and pay for goods if and when tendered notwithstanding any failure by CDC Laser to deliver by the quoted date. Written advice to the purchaser that goods are ready for delivery whether in whole or in part shall constitute tendering and the terms of payment shall apply.
6.2 CDC Laser shall not be liable to any purchaser or any other party for any loss or damage including direct or indirect or consequential injury loss or damage whatsoever by reason of any delay in delivery whether the same is due to the negligence of CDC Laser or actions constituting fundamental breach of contract or any other party, strike or any other industrial action, or any other cause whatsoever.
6.3 CDC Laser reserves the right to deliver by instalments and if delivery is made by instalments the purchaser shall not be entitled to terminate or cancel the contract.
6.4 Any quotation containing a provision to supply goods “ex stock” is subject to fulfilment of prior orders at the date of receipt of the purchaser’s order.
7.1 Unless otherwise agreed in writing payment terms prior to commencement of a custom cut job
7.2 This term as to the payment shall be of the essence of the contract.
8 Default Upon the occurrence of default by the purchaser in compliance with the terms or any other agreement with CDC Laser herein;
8.1 CDC Laser may at its discretion withhold further supplies of goods or cancel this agreement, or vary the terms of this agreement without prejudice to its rights hereunder PROVIDED HOWEVER that CDC Laser may at any time and from time to time upon such terms as it may determine waive any of its rights under this Clause, but without prejudice to its rights thereafter of any of the events hereinbefore referred to or upon the continuation after any such waiver of any state of affairs the subject of such waiver.
8.2 The purchaser shall pay to CDC Laser interest at the rate of 1.5% per month on daily balances in respect of any amounts as may from time to time be overdue until paid and such money together with all interest shall be recoverable forthwith from the purchaser.
8.3 Without prejudice to any other right or remedy the purchaser shall indemnify CDC Laser against any costs’ fees charges and disbursements charged by any solicitor engaged for the purpose of the collection or recovery of moneys due and payable by the purchaser to CDC Laser on an indemnity basis and any fees, charges, disbursements or commissions charged by any mercantile agency or debt collecting firm.
8.4 The purchaser shall pay to CDC Laser an administration fee of $50.00 on the occurrence of every event of default.
The Purchaser hereby charges with payment of any indebtedness to CDC Laser all beneficial interest (freehold and leasehold) in land and personal property held now or in the future by the Purchaser. The Purchaser agrees that if demand is made by CDC Laser, the Purchaser receiving such a demand will immediately execute a mortgage or other instrument of security, or consent to a caveat, as required, and against the event that the Purchaser fails to do so within a reasonable time of being so requested, the Purchaser hereby irrevocably and by way of security, appoints any credit manager or solicitor engaged by CDC Laser to be its true and lawful attorney to execute and register such instruments. Notwithstanding any other provision in this clause, CDC Laser may lodge a caveat on any property of the Purchaser whenever it so wishes.
The Purchaser must pay to CDC Laser any amount which is payable by CDC Laser in respect of any supply to the Purchaser on account of GST. Each charge or fee for a supply rendered by CDC Laser does not include an amount to cover the liability of CDC Laser for GST on any supplies made under this agreement which are taxable supplies within the meaning of the GST Act. In relation to taxable supplies made under this agreement CDC Laser agrees to issue the Purchaser with a tax invoice in accordance with the GST Act or a document satisfying the minimum information requirement set out in GSTR 2000/2003 to entitle a recipient of a taxable supply to claim an input tax credit without holding a tax invoice. “GST” means GST as defined in a New Tax System (Good and Services Tax Act 1999). “Supply” means supply as defined in a New Tax System (Goods and Services Tax Act 1999).
Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by CDC Laser, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 20 years old.
- Your acrylicsheetsales.com.au Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and CDC Laser may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause CDC Laser liability. You must immediately notify CDC Laser of any unauthorized uses of your blog, your account or any other breaches of security. CDC Laser will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a blog, comment on a blog, post material to
the Website, post links on the Website, or otherwise make (or allow any third party to make) material
available by means of the Website (any such material, "Content"), You are entirely responsible for
the content of, and any harm resulting from, that Content. That is the case regardless of whether the
Content in question constitutes text, graphics, an audio file, or computer software. By making Content
available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog's URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by CDC Laser or otherwise.
By submitting Content to CDC Laser for inclusion on your Website, you grant CDC Laser a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, CDC Laser will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, CDC Laser has the right (though not the obligation) to, in CDC Laser's sole discretion (i) refuse or remove any content that, in CDC Laser's reasonable opinion, violates any CDC Laser policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in CDC Laser's sole discretion. CDC Laser will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
By selecting a product or service, you agree to pay CDC Laser the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
- Automatic Renewal.
Unless you notify CDC Laser before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to CDC Laser in writing.
- General Terms.
- Fees; Payment. By signing up for a Services account you agree to pay CDC Laser the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. CDC Laser reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to CDC Laser.
- Support. If your service includes access to priority email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by CDC Laser to respond within one business day) concerning the use of the VIP Services. "Priority" means that support takes priority over support for users of the standard or free acrylicsheetsales.com.au services. All support will be provided in accordance with CDC Laser standard services practices, procedures and policies.
- Responsibility of Website Visitors. CDC Laser has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, CDC Laser does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. CDC Laser disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which acrylicsheetsales.com.au links, and that link to acrylicsheetsales.com.au. CDC Laser does not have any control over those non-CDC Laser websites and webpages, and is not responsible for their contents or their use. By linking to a non-CDC Laser website or webpage, CDC Laser does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. CDC Laser disclaims any responsibility for any harm resulting from your use of non-CDC Laser websites and webpages.
- Copyright Infringement and DMCA Policy. As CDC Laser asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by acrylicsheetsales.com.au violates your copyright, you are encouraged to notify CDC Laser in accordance with CDC Laser's Digital Millennium Copyright Act ("DMCA") Policy. CDC Laser will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. CDC Laser will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of CDC Laser or others. In the case of such termination, CDC Laser will have no obligation to provide a refund of any amounts previously paid to CDC Laser.
- Intellectual Property. This Agreement does not transfer from CDC Laser to you any CDC Laser or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with CDC Laser. CDC Laser, acrylicsheetsales.com.au, the acrylicsheetsales.com.au logo, and all other trademarks, service marks, graphics and logos used in connection with acrylicsheetsales.com.au, or the Website are trademarks or registered trademarks of CDC Laser or CDC Laser's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any CDC Laser or third-party trademarks.
- Advertisements. CDC Laser reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
- Attribution. CDC Laser reserves the right to display attribution links such as 'Blog at acrylicsheetsales.com.au,' theme author, and font attribution in your blog footer or toolbar.
- Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner's terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"), including their Registration Rights and Responsibilities.
- Changes. CDC Laser reserves the right, at its sole discretion, to modify
or replace any
part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your
continued use of or access to the Website following the posting of any changes to this Agreement constitutes
acceptance of those changes. CDC Laser may also, in the future, offer new services and/or
through the Website (including, the release of new tools and resources). Such new features and/or services
shall be subject to the terms and conditions of this Agreement.
- Termination. CDC Laser may terminate your access to all or any part of
the Website at
any time, with or without cause, with or without notice, effective immediately. If you wish to terminate
this Agreement or your acrylicsheetsales.com.au account (if you have one), you may simply
Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be
terminated by CDC Laser if you materially breach this Agreement and fail to cure such
thirty (30) days from CDC Laser's notice to you thereof;
provided that, CDC Laser can terminate the Website immediately as part of a general shut
down of our
service. All provisions of this Agreement which by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and
limitations of liability.
- Disclaimer of Warranties. The Website is provided "as is". CDC Laser and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither CDC Laser nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will CDC Laser, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to CDC Laser under this agreement during the twelve (12) month period prior to the cause of action. CDC Laser shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless CDC Laser, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between CDC Laser and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of CDC Laser, or by the posting by CDC Laser of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Western Australia, Australia, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Perth, Western Australia. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Wangara, Perth, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; CDC Laser may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Acrylic Sheet Sales ("CDC Laser") operates acrylicsheetsales.com.au and may operate other websites. It is CDC Laser's policy to respect your privacy regarding any information we may collect while operating our websites.
Like most website operators, CDC Laser collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. CDC Laser's purpose in collecting non-personally identifying information is to better understand how CDC Laser's visitors use its website. From time to time, CDC Laser may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
CDC Laser also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on acrylicsheetsales.com.au blogs/sites. CDC Laser only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.
Gathering of Personally-Identifying Information
Certain visitors to CDC Laser's websites choose to interact with CDC Laser in ways that require CDC Laser to gather personally-identifying information. The amount and type of information that CDC Laser gathers depends on the nature of the interaction. For example, we ask visitors who sign up at acrylicsheetsales.com.au to provide a username and email address. Those who engage in transactions with CDC Laser are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, CDC Laser collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor's interaction with CDC Laser. CDC Laser does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
CDC Laser may collect statistics about the behavior of visitors to its websites. CDC Laser may display this information publicly or provide it to others. However, CDC Laser does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
CDC Laser discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on CDC Laser's behalf or to provide services available at CDC Laser's websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using CDC Laser's websites, you consent to the transfer of such information to them. CDC Laser will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, CDC Laser discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when CDC Laser believes in good faith that disclosure is reasonably necessary to protect the property or rights of CDC Laser, third parties or the public at large. If you are a registered user of an CDC Laser website and have supplied your email address, CDC Laser may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what's going on with CDC Laser and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. CDC Laser takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If CDC Laser, or substantially all of its assets, were acquired, or in the unlikely event that CDC Laser goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of CDC Laser may continue to use your personal information as set forth in this policy.