TERMS AND CONDITIONS
About this website Website Owner is Biomat Australia ABN 46 242 972 669 The website is http://www.BiomatAustralia.com
Modifications to the information Biomat Australia does not warrant the accuracy, adequacy or completeness of material on this website. All information may be changed, supplemented, deleted or updated without notice at the sole discretion of Biomat Australia.
Errors and problems Biomat Australia does not guarantee that the website will be free from viruses, or that access to the website will be uninterrupted.
License and Ownership The copyright for the content on this website is owned or licensed by Biomat Australia and is protected under the Copyright Act 1968 (Cth) and by other copyright laws in both Australia and other countries. No material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of Biomat Australia.
Feedback, suggestions, comments or requests Any of these comments may be made to firstname.lastname@example.org. You acknowledge that: they will not be considered confidential or proprietary, and Biomat Australia is under no obligation to keep such information confidential, and Biomat Australia will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such comments in any manner it chooses.
Outbound links The website may contain links to third-party websites and resources. These “linked sites” are provided solely as a convenience to you and not as an endorsement by Biomat Australia. Biomat Australia makes no representations or warranties regarding the availability, correctness, accuracy, performance or quality of the linked site or any content, software, service or application found at any linked site. Biomat Australia may receive payments and/or commissions from operators of linked sites in relation to goods or services supplied by the operator as a result of you linking to the third party website from the Biomat Australia website.
Inbound links Biomat Australia generally encourages and agrees to your linking to the Home page through a plain text link on your website without the need for agreement between yourself and Biomat Australia Biomat Australia. However, linking to any other page of the website is strictly prohibited, without express written permission from Biomat Australia.
Jurisdiction The Australian section is provided for use only by Australian residents. The law applicable to use of the Australian section and to disputes arising out of the Australian section is the law of the State of Queensland and The International Section is provided for use by residents of any country in the world but, to the fullest extent permitted by law, the law applicable to use of the International Section and to disputes arising out of the International Section is the laws of the State of Queensland, Australia.
Disclaimer of Warranties Biomat Australia makes no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided by the website and disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, and non-infringement of third parties’ rights.
Limitation of Liability In no event shall Biomat Australia be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the website.
General Conditions of Sale
- The following Conditions of Sale shall apply to any product sold on this website and constitute a complete and exclusive statement of the agreement and understanding between you and Biomat Australia with respect to the subject matter hereof.
- Any description of such goods has been given by way of identification only and the giving or use of such description shall not constitute any sale hereunder a sale by description.
- The products available on the website for sale under these Conditions of Sale are not available to persons under the age of 18 years nor any other person legally prohibited from entering into a binding contract. By placing your order you are verifying to Biomat Australia that you are able to make a legally binding contract.
- Your order is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified on the website at the time of offer and shall be understood to be placed under these Conditions of Sale.
- Biomat Australia reserves the right to accept or reject your offer for any reason, including, without limitation, an error in the product description or the price posted on the website, the availability of the product, or an error in your order. Your contract with Biomat Australia only comes into existence when Biomat Australia forwards you an email containing confirmation of receipt of your order, an acceptance of your order, confirmation of receipt of your payment and details of likely delivery.
- You shall inspect the goods immediately upon their arrival and shall within seven (7) days give notice to Biomat Australia if the goods are not in accordance with specified requirements. If you fail to give such notice, the goods shall be deemed to be in all respects in accordance with the specified requirements. No claim shall be recognised unless made in writing and received by Biomat Australia within seven (7) days after receipt of goods by you. The total amount of any claim shall not exceed the actual invoice value of the goods claimed to be faulty. See Product Warranty for further information.
- Ownership and property of the goods supplied/delivered shall pass from Biomat Australia to you when Biomat Australia accepts your offer and assigns product to you. Risk passes to you upon delivery to your agreed delivery point.
- Biomat Australia shall not be responsible for non-delivery or delay in delivery of any goods caused by force majeure and you and Biomat Australia shall be excused from performance of their respective obligations when and to the extent such performance is delayed or prevented by force majeure. If your need for the goods is reduced or suspended as a result of force majeure, and notification is within reasonable time of acceptance of the Order and prior to transfer of ownership, you shall be entitled to terminate the agreement. For the purpose of this commitment force majeure shall include but is not limited to natural disasters, civil disasters, political event, change of legal / political environment, business disruption, accidents, earthquake, flood, hurricane or typhoon, tornado, tsunami, volcanic eruption, wildfire/bushfire, landslide or avalanche, fire, storm, terrorist acts, revolt, war, financial markets disturbances, changes of regime or tax or regulatory authority, energy failure, external telecommunications failure, and/or failure of transport systems.
- You assume all risks and liabilities for consequences arising from the use of the goods whether singly or in combination with other goods and indemnify Biomat Australia in respect of any such use.
- Biomat Australia is not liable for any infringement of patent rights arising out of the use of such goods by you or your instructions, expressed or implied, and it is your responsibility to ensure that the goods when used by you are not damaged and no liability will be accepted by Biomat Australia for the consequences of the use of damaged goods by you.
- Nothing in these Conditions of Sale is intended to exclude, restrict or modify any statutory obligation of Biomat Australia implied by the Goods Act, 1958.
- This contract shall be governed by and construed in accordance with the law in effect in Queensland and by entering into this contract both parties are accepting the jurisdiction of the Queensland courts in relation to any dispute between them.
- These Conditions of Sale may change from time to time and you are required to revisit these before placing your order to ensure that these Conditions of Sale have not changed.