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Terms of Sale
Please read this document carefully as it contains very important information about your rights and obligations, as well as limitations and exclusions that may apply to you.
This Contract contains the current terms and conditions that apply to your purchase of products from us.
You acknowledge that you are fully aware of the contents of these terms and conditions and, on placing any purchase order for the Products, you agree to be bound by and accept these terms and conditions.
"Mannhaus" means DW Trading Pty Ltd.
"Product(s)" means product(s) sold as shopping items on this web site, and forming the subject matter of this contract as identified by Customer in the order form.
"Customer" means a person who orders goods via this web site.
"Contract" means a contract containing these terms and conditions agreed upon between Mannhaus and Customer for sale by Mannhaus and purchase by Customer of the Products.
Sale and Purchase
Mannhaus shall sell and Customer shall purchase the Products in compliance with the Contract.
Formation of the Contract
All orders of the Products placed by Customer shall be subject to acceptance by Mannhaus.
These terms and conditions shall become the Contract when notice of acceptance by Mannhaus of an order by Customer is sent to Customer which acceptance is at the discretion of Mannhaus.
Mannhaus will only accept orders for delivery of the Products to the address of Customer who has attained the age of 18 years.
Mannhaus reserves the right to limit quantities of the Products purchased in any order.
Price and Payment
Pricing of the Products shall be as stipulated in the site's price lists available from time to time at the date of placement of orders by Customer.
Prices include all Australian taxes and imports, which may be imposed under legislation on the transaction under the Contract.
The Customer will be responsible for payment of all transport charges in association to the purchases on this site, unless expressly stipulated by Mannhaus.
The Customer shall pay for the Products by using one of the payment methods available on Mannhaus.
Mannhaus shall endeavour to arrange to deliver the Products to the delivery point designated by Customer on the purchase order.
Mannhaus will use its discretion in selecting a reputable carrier and appropriate means of shipment.
Any dates quoted by Mannhaus for delivery of the Products are estimates only and shall not form part of the Contract.
At times Mannhaus will require orders to be insured and sent Registered Post. This decision is made at the discretion of Mannhaus. Additional fees to insure and register an order is to be borne by the Customer and will be added to the order total by Mannhaus.
In no event shall Mannhaus be liable for increased cost, loss of profits or goodwill or any other special, incidental, direct or indirect or consequential damages due to late delivery or non-delivery of the Products.
Mannhaus may deliver the Products by instalments in any sequence.
Where the Products are so delivered by instalments, each instalment shall be deemed to be the subject of a separate Contract and no default or failure by Mannhaus in respect of any one or more instalments shall vitiate the Contract in respect of the Products previously delivered or undelivered Products.
In the event that Mannhaus gives notice to Customer that it is unable to deliver any instalment of the Products, Customer shall be deemed to have accepted those instalments already delivered but Mannhaus may reimburse the price of the undelivered Products which have been paid for by Customer.
If Customer fails to take delivery of the Products or any part of them when they are made available to Customer or fails to provide accurate instructions, documents, licenses, consents or authorizations required to enable the Products to be delivered, Mannhaus shall be entitled, upon giving written notice to Customer, to store or arrange for storage of the Products, and then risk in the Products shall pass to Customer, delivery shall be deemed to have taken place, and Customer shall pay to Mannhaus all costs and expenses (including storage and insurance charges) arising from its failure.
Unless Customer notifies Mannhaus to the contrary by telephone, facsimile transmission or e-mail within seven (7) days of delivery and such notification is confirmed in writing within seven (7) days of the notification, the Products shall be deemed to have been accepted by Customer as being in good condition and in accordance with the Contract.
Title and Risk of Loss or Damage
Title and risk of loss or damage to the Products shall pass to Customer on the physical delivery of the Products to the address identified by Customer in the order.
Limitation of Liability
In no event shall Mannhaus be liable to you for any indirect, special, incidental or consequential damages resulting from performance or failure to perform under the contract, or from the furnishing, performance or use of any goods or service sold or provided pursuant hereto, whether due to a breach of contract, breach of warranty, negligence, or otherwise.
Save that nothing herein shall limit Mannhaus's liability for death or personal injury arising from its negligence, Mannhaus shall not have any liability to you for indirect or punitive damages or for any claim by any third party except as expressly provided herein.
To the fullest extent permitted by law, Mannhaus's liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Mannhaus to the following.
In the case of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
In the case of services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
Critical Components
Products are not authorised for use as critical components in life support systems or situations where failure to perform can reasonably be expected to cause significant injury to users or others.
Mannhaus may update, or discontinue any Products and/or revise prices for Products listed as available items on this web site at any time.
Therefore, Customer agrees that changes between the shipped Products and the Products described in marketing materials (advertisements, catalogs, specification sheets etc.) may occur.
All orders are accepted on these terms, which supersede any other terms relating to the sale of the Products appearing in Mannhaus's web site or elsewhere and shall override any other terms referred to by the Customer or in any course of dealing.
Customer agrees and warrants that the purpose of purchasing the Products is for Customer's own internal use only, and not for resale.
Mannhaus shall be entitled to refuse to accept orders placed by Customer if Customer breaches or Mannhaus, on reasonable grounds, suspects that Customer will breach this warranty.
Customer shall not remove components from the Products for resale.
Customer agrees to comply with all applicable export laws, regulations and orders of Australia.
Specifically, but without limitation, Customer agrees that it will not re-export or ship, directly or indirectly, any Products without first obtaining Mannhaus's prior written consent and the appropriate export or re-export licenses from the Government of Australia.
Force Majeure
Mannhaus shall not be liable for any delay or failure in its performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labour difficulties, equipment failures, or any other causes beyond its reasonable control.
Allocation of Stock
Quantities are subject to availability. In the event of shortage, Mannhaus may allocate sales and deliveries in its sole discretion.
Waiver / Invalidity
Failure of Mannhaus to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right and remedies.
If any provision of the Contract is deemed by a court to be unenforceable, the remainder shall stay in effect.
Governing Law
The Contract shall be governed by and construed under the laws of Victoria, Australia.
The parties hereto submit to the non-exclusive jurisdiction of the courts of Victoria, Australia, being the place where Customer's order has been received and/or entered.
The section headings used herein are for convenience or reference only and do not form a part of these terms and conditions or the Contract, and no construction or inference shall be derived there from.
Entire Agreement
These terms and conditions may not be altered, supplemented, or amended by the use of any additional document(s) that purport to be an agreement of the parties hereto.
Any attempt to supplement or amend this document or to enter an order for the Product(s) which is subject to additional or altered terms and conditions shall be null and void.
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