TERMS AND CONDITIONS OF SALE
1 APPLICATION
1.1 In the following Conditions of Sale the “Company” means Maestro Dental & Cosmetics Pty Ltd ACN 099 484 081 and the “Purchaser” means the entity purchasing the goods the subject of these Conditions of Sale.
1.2 No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by the Company in writing.
1.3 The Customer acknowledges that no employee or agent of the Company has any right to make any representation, warranty or promise in relation of the Goods or the sale of the Goods other than as contained in these Terms.
2 TERMS OF PAYMENT
2.1 Prices are subject to change without notice.
2.2 Unless otherwise agreed to in writing by the Company or otherwise provided on the Company’s invoices or price lists, payment for the goods must be made to the Company within thirty (30) days from date of Invoice.
2.3 Interest is payable on all overdue accounts calculated on a daily basis at the rate of 2% per month as from the due date for payment until payment is received by the Company.
2.4 Where the Company agrees to a credit arrangement with the Purchaser, the Company reserves the right at any time to suspend or revoke that credit facility or to change credit terms when in the Company’s sole opinion the financial condition of the Purchaser so warrants.
3 DELIVERY
3.1 Where the Company has agreed to deliver goods to the Purchaser’s warehouse and those goods are lost or damaged as a result of an act, neglect or default of the Company, the Company’s liability to the Purchaser is limited to either the replacement or repair of any goods lost or damaged. Any claims against the Company for such loss or damage must be made within three (3) days of the date of delivery. The Purchaser indemnifies the Company against all loss and expenses incurred by the Company, including any additional transport and storage charges, as a result of the Purchaser failing to take delivery of goods as agreed with the Company.
4 ACCEPTANCE
4.1 The Purchaser must notify the Company in writing, within seven (7) days of the date of delivery, of any non-compliance with the order (subject to the usual trade tolerances relating to weight, dimension and processing). If the Purchaser fails to give that notice then, to the extent permitted by statute, the goods shall be deemed to have been accepted by the Purchaser and the Purchaser must pay for the goods in accordance with the order and these terms and conditions.
5 CONDITIONS AND WARRANTIES
5.1 The Company accepts no liability for any loss, damage or injury, including consequential loss (such as loss of profits) arising from the condition, supply fitness, suitability or use of the Products or any representation, recommendation or advice made or given in relation to the Products or from the Company's breach or performance of the agreement of which these Conditions form part or otherwise, whether or not caused by the Company's negligence.
6 SHIPMENTS
6.1 All products are shipped F.O.B., point of shipment. Risk of loss shall transfer to the Purchaser upon tender of goods to Purchaser, Purchaser's representative, or common carrier. The cost of any special packing or special handling caused by Purchaser's requirements or requests shall be added to the amount of the order. If Purchaser causes or requests a shipment delay, or if Company ships or delivers the products erroneously as a result of inaccurate, incomplete or misleading information supplied by Purchaser or its agents or employees, storage and all other additional costs and risks shall be borne solely by Purchaser. Claims for products damaged or lost in transit should be made by Purchaser to the carrier, as Company's responsibility ceases upon tender of goods to Purchaser, Purchaser's representative or common carrier.
7 RETURN OF GOODS
7.1 No returns will be accepted unless the Company has previously agreed in writing. If the Company agrees to the return of Goods, they must be unsoiled, undamaged and in a re-saleable condition (or Customer pays for all costs of replacement or repair) and delivered free to the Company's premises unless otherwise agreed by the Company in writing.
8 CANCELLATION OF ORDER
8.1 No order may be cancelled, modified or deferred without the prior written consent of the Company (which is at the Company's sole discretion) and if such consent is given, it is at the Company’s election, subject to the Company being reimbursed all losses, including loss of profits, and paid a cancellation and restocking fee (being not less than 10% of the invoice value of the Goods).
9 COMPANY’S LIABILITY LIMITED
9.1 These Terms do not affect the rights, entitlements and remedies conferred by the Competition and Consumer Act 2010.
10 RELEVANT LAW
10.1 These conditions are to be governed and interpreted according to the laws of Victoria and the Company and the Purchaser consent and submits to the jurisdiction of the Courts of Victoria.
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WEBSITE TERMS AND CONDITIONS OF USE
Access to and use of the Maestro site is provided by the operators of this website (Maestro Dental & Cosmetics Pty Limited ABN 17 711 223 992) ("us", "we" or "our") on the following conditions and according to any other directions or rules of use on this site ("Terms" ).
If you access this site (other than to read these Terms for the first time), you agree to these Terms. If you do not agree to these terms, you should not review information or obtain services or goods from this site.
We reserve the right to change these Terms, our Privacy Policy and any content on our website (including, but not limited to any licence fees, other fees and prices and the terms of any payment) at any time by posting changes on-line. You are responsible for informing yourself of any changes by regularly reviewing these pages. If you access the site after changes are posted, you agree to all changes (including those which you are then unaware have been posted).
COPYRIGHT AND USAGE OF CONTENT
The copyrights and other rights to the materials on this website are owned by Maestro. You are authorized to view, download and reproduce the materials at this website only for your internal information provided that you:
- Retain all notices contained in the original materials
- Only use images with surrounding text relating to the images, and
- Include the following copyright notice
© Maestro. All Rights Reserved.
No further publication or commercial use may be made of the materials on the website without the express written permission of Maestro.
You may not make any part of this website available as part of another website whether by hyperlink framing on the internet or otherwise. This website and its content may not be used to construct a database of any kind nor may the same be stored (in whole or part) in databases for access by you or any third party or to distribute any database containing all or part of the website or its content.
All text, graphics, audio files, java applets and scripts, downloadable software, and other works on the website are the copyrighted works of Maestro Dental & Cosmetics Pty Ltd. All Rights Reserved. Any unauthorized redistribution or reproduction of any copyrighted materials on the website is strictly prohibited.
DISCLAIMERS
The information contained in this website is provided to you “as is”, for your internal information purposes only, without any representation or warranty of accuracy or completeness of information or other warranty of any kind, including any implied warranty of quality, merchantability, fitness for a particular purpose, or non-infringement. In no event will Maestro be liable to any party for any direct, indirect, incidental, special or consequential damages for use of this website or reliance upon any information or material accessed via it or any other hyperlinked website including, but not limited to, damages arising from loss of profits, busiess interruption, or loss of data, even it maestro is expressly advised about the possibility of such damages, to the fullest extent allowable by law. Some jurisdictions do not allow the exclusion of implied warranties and representations, so the above exclusions may not apply to you.
The material on this website could contain technical inaccuracies or typographical errors, and information will be changed, updated and deleted without notice. Maestro may make improvements and/or changes in the products described in this material at any time. Maestro makes no warranties that this website will operate uninterrupted or error free or that defects will be corrected. Maestro does not warrant that this website is compatible with your computer equipment or that this website or its server is free of errors or viruses, worms or “Trojan horses” and Maestro is not liable for any damage you may suffer as a result of such destructive features.
Maestro makes no representations or warranties whatsoever about any other website which you may choose to access through this website. Links provided by Maestro to such websites are provided solely for your convenience and should not be deemed to imply that Maestro endorses those websites or any content therein.
TRADE MARK NOTICES
Prohibition
No trade mark of ours (whether registered or otherwise) may be used without our prior, specific, written permission.
Notice of marks
Each of our trade marks is protected in Australia and may be the subject of rights in other countries.
Other product names and images on this site may be trade marks or registered trade marks of ours, our affiliates or third parties (including advertisers and our sponsors).
The use or misuse of these trade marks, except as expressly authorised by the trade mark owner, is prohibited.
Disclaimer of association or endorsement
The use by us of another's trade mark on this site is not of itself intended to indicate any association with, or endorsement by or of, the owner of that trade mark.
USER CONDUCT AND INDEMNITY
Lawful use only
You must use this site only for lawful purposes.
General prohibitions
You must not up-load, post, transmit or otherwise make available through this site any material which:
- Violates or infringes the rights of others (including their privacy and publicity rights).
- Is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person.
- Encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law.
- Restricts or inhibits any other user from using or enjoying this site.
- Affects the functionality or operation of this site or its servers or the functionality or operation of any users' computer systems (for example, by transmitting a computer virus or other harmful component, whether or not knowingly).
- Breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities which require us to take remedial action under any applicable industry code.
SUBMITTING INFORMATION TO MAESTRO
Please see our Privacy Policy for general information. Maestro does not want to receive confidential or proprietary information from you through this website unless you have another written agreement with Maestro related to the sharing of such information. Any information that Maestro receives through its website, other than our personally identifiable information covered by Maestro’s Privacy Policy, will be deemed to be non-confidential. By transmitting to Maestro information via this website or otherwise through electronic means without a written agreement with Maestro relating to your submission, you understand and agree that Maestro may use that information for any purpose whatsoever without obligation to you.
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