Terms and Conditions
The parties, the Website, access and legal documentation
1. This website (“Website”) is owned and operated by COM1 International Pty Ltd (ACN 074 912 011) (“Herein after call COM1 International”).
2. Access to the secure areas of this Website is restricted to: a) persons who are authorised customers of COM1 International (“Customer”), and b) Internet Access Providers who provide their subscribers with access to the world wide web (“IAP”).
a. Access by any other person to the secure areas of this Website is strictly prohibited.
4. The Customer’s use of, and/or access to, this Website also confirms its agreement to the terms of each of the following: Customer Terms of Sale and the General COM1 International Return Policy.
a. B. General Commercial Terms
6. This Website is provided for the purposes of allowing the Customer to do the following with an industry standard web browser (referred to collectively as the “Authorised Purposes”): a) access as presented on this Website information about COM1 International, the terms of the relationship between the Customer and COM1 International, and the goods and/or services presented on this Website, and b) communicate to COM1 International the Customer’s desire to purchase goods and/or services presented on this Website. The Customer must use this Website solely for the Authorised Purposes.
9. If the Customer wishes to retain a hard copy of any order it places on this Website, the Customer may print the relevant order confirmation as provided for on this Website using any industry standard web browser. The presentation of an order confirmation on this website indicates only that the relevant order has been received by COM1 International.
10. The decision by COM1 International whether or not to accept or fulfil any order will be based, among other things, upon the Customer’s account and credit status at the relevant time. COM1 International reserves the right to delay or cancel any order at any time (including at the time of fulfilment) based on the Customer’s account or credit status.
11. If the Customer wishes to cancel any order, it must do so by telephoning its COM1 International customer sales representative or account manager. Orders may normally be cancelled within 30 minutes of placement, but no order will be cancelled after it has left COM1 International’s premises for shipping, regardless of when this occurs.
12. the General COM1 International Return Policy will apply to all items which the Customer wishes to return.
13. The Customer expressly authorises COM1 International to communicate with it via e-mail regarding any order the Customer places on this Website, the Customer’s account and/or credit status and other confidential information including the Password which the Customer must enter to access this Website. COM1 International will send such e-mails to the e-mail address specified by the Customer at the time of account opening or as otherwise advised by the Customer to COM1 International either expressly in writing signed by an authorised representative of the Customer or on Registration Document which the Customer submits to COM1 International as part of its application to gain access to this Website.
Orders & price
1. Except specifically expressed, all prices quoted or that have appeared in COM1 International’s price list are exclusive of any tax, import, duty or other levies. COM1 International reserves the right at any time between the time of quotation and / or order and the date of delivery of the goods or provision of services to make any reasonable adjustment to prices unless Customer places its order within the validity of the quotation and COM1 International at the prevailing rate as currently set by the Australian Taxation Office (ATO), or relevant legislation, and must be paid by the Customer in addition to the price of the products, services and fees.
2. Verbal orders over the telephone can be accepted if the following conditions are met:
a. the purchase is confirmed upon delivery of goods and services; and
b. any dispute on pricing, condition of goods, etc. must be addressed within 24 hours of receiving the goods and/or services; otherwise, the invoice of the transaction will serve as a contractual sale and purchase agreement between COM1 International and the Customer.
3. An official order, in writing on company letterhead, or equivalent, must be issued to COM1 International before any delivery can be effected. Orders must clearly state -Order Number, Name and Signature of Purchasing Officer, Product code(s), Configuration(s) Required, Unit Price and Total Order Value, Delivery Address, Delivery Date/Schedule required, Invoice Address, Special Requirements/Conditions etc.
Dispatching & delivery
1. Delivery dates and times quoted for delivery of goods, or the provision of services, are estimates only and COM1 International shall not be liable for any loss or damages howsoever arising as a result or consequence of any failure to deliver or delay in delivery of any goods or services arising from any circumstances. The Customer shall not be relieved of any obligation to accept or pay for goods or services by reason of any delay in delivery, despatch or performance. COM1 International reserves the right to deliver by way of partial shipments and each partial shipment shall be deemed to be sold under a separate sales contract. No cancellation of sales contract is allowed if goods or services have been delivered by the courier.
2. COM1 International reserves the right to cancel sales orders without prior notice:
a. if the Customer does not collect goods from the warehouse of COM1 International within seven (7) days of placing their order; or
b. when the delivery / dispatch of orders is delayed for more than seven (7) days due to payment not being received.
3. Unless expressed otherwise, delivery charges are at the expense of the Customer. Customers are requested to arrange their own transportation for the picking up of orders. In the event that COM1 International has to organise transportation and delivery, a standard freight charge will apply. Any transit insurance is the responsibility of the Customer. COM1 International will not be responsible for any damages or loss whatsoever during transit once goods are despatched out of COM1 International’s warehouse.
1. Payment terms are normally CBD (cleared funds before delivery) unless the Customer has a credit account with COM1 International in place prior to despatching. A receipt will only be issued for cheque or credit card payments upon request.
2. The Customer is required to complete the Client Application Form in order for COM1 International to open a Client account for trading. The Customer requests that COM1 International supply goods and/or services for which the Customer undertakes to pay COM1 International the agreed price(s) within the terms agreed, or if no such terms have been approved by COM1 International, by cleared funds before delivery. A credit account may be granted to the Customer at the sole discretion of COM1 International. Details of the credit account will be notified separately. The Customer must maintain the credit account with COM1 International within the credit limit and payment terms provided. Payment is required immediately if the account exceeds the credit limit and/or is outside the payment terms. COM1 International reserves the right to cancel credit accounts without prior notice.
3. COM1 International will not accept a company cheque at the time of delivery unless a COD or credit account is granted to the Customer. Once a credit account is cancelled, any order placed by the Customer to COM1 International thereafter is required to be paid on CBD (cleared fund before delivery) terms.
4. In the event of any default in payment to COM1 International for an amount of more than $150 and for more than 30 days by the Customer or where a demand has been made against a guarantor of the Customer’s account, without limiting any of the other rights it may have, COM1 International may in its absolute discretion:
a. record the default with COM1 International’s credit information provider; and/or
b. terminate these terms and conditions and any other agreements it has with the Customer related to the resale of products or services supplied by COM1 International.
5. In the event of any default in payment to COM1 International, the Customer shall pay to COM1 International costs of and incidentals to the recovery of such sums as may be due, including all mercantile and like fees and legal fees and charges on a solicitor, filing fees, stamp duty, taxes or any other fees payable, or incurred in relation to such recovery process. Payment received from the Customer will applied in the order of cost of recovery of debt, interest on overdue amount, then to the principal debt amount.
6. COM1 International may in its absolute discretion apply to off-set or reduce the account of a Customer, for the amount/s which COM1 International owes to the Customer. The Customer agrees and warrants that where COM1 International makes the off-set or reduction of an account, that it is made in the ordinary course of business and is not a preference payment. The Customer and the guarantor (where applicable) agree to indemnify COM1 International from all claims made subsequently by a liquidator or external administrator under the Corporations Act 2001.
Retention of title, property and risk
Risk for all products shall pass from COM1 International to the Customer when the products are delivered
1. Until COM1 International has been paid in full for all goods supplied to the Customer under any contract whatsoever between the Customer and COM1 International:
a. All rights, interests and title of the goods shall remain as property of COM1 International.
b. Should the goods or part thereof be affixed or added to any other items, such attachment shall be effected by the Customer solely as an agent for COM1 International and COM1 International shall have full legal and beneficial title to the whole of the new product thereby created.
c. Until all rights, interests and title in and to such goods passes to the Customer, the Customer must:
i. insure the goods for their full replacement value,
ii. store the goods and any new products as referred to in (b) in a way that enables them to be clearly identified as the property of COM1 International,
iii. not pledge, grant a security interest in or in any way charge by way of security for any indebtedness, any of the goods.
d. Subject to (e) and (f), the Customer shall be at liberty to sell the goods and the new products in the ordinary course of the business on the basis that the Customer shall be under a fiduciary duty to COM1 International and to account to COM1 International for the proceeds of such sale but may deduct from such proceeds any excess of such proceeds of the total amount due by the Customer to COM1 International under any contract whatsoever, provided that the Customer shall have no authority to enter into any contract of sale on behalf of COM1 International. Any contract or sale shall be accordingly concluded in the name of the Customer.
e. COM1 International may at any time revoke the Customer’s power of sale by notice to the Customer if the Customer is in default in payment of any sum whatsoever due to COM1 International in respect of any goods or services supplied to the Customer by COM1 International or any other sums whatsoever or if any bill of exchange, cheque or any other negotiable instrument drawn or accepted by the Customer in favour of COM1 International is dishonoured on presentation for payment or if COM1 International has bona fide doubts as to the solvency of the Customer.
f. The Customer’s power of sale shall automatically cease in the event of the appointment of a Receiver, Receiver and Manager, Administrator or Controller over any, or all of the assets or undertaking of the Customer or upon the commencement of a winding up application, the appointment of a Liquidator or if the Customer calls a meeting of, or makes any arrangement or composition with creditors or commits any act of bankruptcy.
g. Upon termination of the Customer’s power of sale under (e) or (f), COM1 International may demand the return of any goods that has been supplied and delivered to the Customer and the new products referred to (b) of this clause. If the Customer fails to return such goods immediately, the Customer must do all things necessary at its own expense to enable COM1 International to enter the Customer’s premises or that of third party where the goods are stored to repossess the goods.
h. Payment terms thereafter will be on a strictly CBD (cleared fund before delivery) basis only. Sales will be made subject to COM1 International’s standard Conditions of Sales
i. It is acknowledged that clause 15, 16 and their subclauses have been specifically drawn to the Customer’s attention that the Customer has read and fully understands these terms and accepts them without reservation. These clauses also create a security interest in favour of COM1 International, which COM1 International may perfect by effecting a registration on the Personal Property Securities Register (PPSR).
General COM1 International Return Policy
COM1 International returns are divided into two categories:
No Fault Returns & Faulty Returns.
Customers must return product(s) to COM1 International with the COM1 International RA number clearly written on a removable label on the outside of the shipping carton(s). This number must not be directly written on the carton.
Returns should be sent to:
COM1 International Returns Department
53-55 Geddes Street
Mulgrave VIC 3170
The receiving dock operates between 9:00am and 5:00pm EST Monday to Friday (excluding public holidays)
All products must be returned in complete set with original packaging and must be received by COM1 International’s return Department within 14 days after RA number is issued.
COM1 International recommends that product returned by post should be sent by registered or certified mail. COM1 International accepts no responsibility for loss or damage occurring in transit.
Customer must obtain a valid RA number(s) authorised by COM1 International Returns department for all returned product(s). If the RA number cannot be identified, or if the Product does not match the RA details provided by the Customer in terms of either quantity, COM1 International product code or product serial number, COM1 International may reject the returned product at the COM1 International Returns Department and return it to the Customer at the Customer’s expense.
For all returned product(s), customer must maintain a copy of the proof of delivery or consignment information to confirm delivery in case of future queries.
No Fault returns Procedure
The following provisions will apply in respect of the return of products by the customer to COM1 International in accordance with clause 9 of the Customer Terms:
No Fault Products
A ‘no fault’ product (‘No Fault Product’) is a Product returned by the Customer to COM1 International in circumstances where the return is not due to the fault of COM1 International or any fault with the Product.
Product sold on a “No Returns Basis”
- COM1 International is entitled to supply certain Products on a “No Returns Basis”.
- The expression ‘No Returns Basis’ means that COM1 International will not accept returns on No Fault Products.
- To the extent permitted by law, COM1 International reserves the right to apply the No Returns Basis policy to any promotional or sales product (s) as it deems necessary. COM1 International will use all reasonable endeavours to ensure such products are clearly advertised and promoted as being sold only on a No Returns Basis.
COM1 International will, under instruction from its vendors, discontinue some products from time to time. Customers’ right to return these discontinued products may be restricted.
Customer must supply:
- COM1 International Account Number
- COM1 International Invoice Number
- COM1 International Product Code
- Quantity of the product(s) that needs to be returned
- Serial Number for each product that needs to be returned
Once the Returns Representative has identified the Product for the return, the Customer will be issued with an RA number. This number must be used in all correspondence relating to the product.
All products returned for credit must be in a pristine and unopened condition with all seals intact. All inward freight will be the responsibility of the customer. COM1 International will not cover the cost of freight on returned products and will not accept responsibility for any damage or loss suffered by the customer.
Faulty returns Procedure
A ‘faulty’ product is a Product returned by the customer to COM1 International or vendor that failed to operate in accordance with its functional specifications.
Dead on Arrival Products
A ‘DOA’ (Dead on Arrival) product is a faulty Product that failed in the early life of usage or out of box. The DOA period for each Product will vary based on vendor policies, and commonly ranges from 7 to 30 days.
A ‘Warranty’ product is a faulty product that failed within the warranty period. The warranty period for each Product will vary based on vendor policies.
Not all faulty returns are handled by COM1 International
Customer must supply:
- COM1 International Account Number
- COM1 International Invoice Number
- COM1 International Product Code
- Quantity of the product(s) that needs to be returned
- Serial number for each product that needs to be returned
- Fault details for each product that needs to be returned
- End user’s Proof of Purchase for each product that needs to be returned
- Vendor’s pre-authorisation number if applicable
Under vendor’s instructions, COM1 International will issue a credit, replacement or repair for the return of faulty products. Replacement or repair returns may result in delays due to vendor processing lead times and COM1 International stock availability.
1. In the event the Customer fails to advise the end user, the Customer will indemnify COM1 International for any expenses incurred in servicing any warranty claim relating to the misuse of the product or hard disk failure
2. Any physical damage incurred on the faulty product due to the misuse of the product will void the warranty and is the Customer’s responsibility.
3. The Customer should provide the correct and exact fault details which COM1 International can advise to the Vendor for testing purpose. Any no fault found charges from the Vendor will be at the Customer’s expense.
4. For Bonus products, COM1 International will only provide a replacement. If the product is discontinued or obsoleted, the warranty will be handled by COM1 International on case by case basis.
5. If COM1 International approves an RA for return under warranty, the Customer is responsible for freight to the COM1 International Returns Department. COM1 International will be responsible for return freight of the product as soon as it has been exchanged, for replacement or repair returns only.
6. All faulty products must be returned as a complete set which includes all the components that were supplied originally, eg. Cables, CD and Power Adaptors.
Acknowledgment and consent
By confirming your acceptance of the terms, including in the capacity of servant, agent or representative of the Customer, you confirm that you fully understand all the terms and conditions set out in this document and you have full authority on behalf of the Customer to accept all these Terms & Conditions.
Website Access Terms & Conditions
These terms & conditions are in additional to the normal trading terms and conditions of COM1 International. By accessing any Websites of COM1 International or otherwise indicating acceptance as set forth below, you are agreeing to the following terms and conditions (as modified from time to time), and each time that you access the COM1 International Website you re-assert your agreement. If you do not agree with these terms and conditions, then you may not access or use the www.com1.com.au or any other COM1 International Website.
a. In order to access certain COM1 International Websites and Portals, you must present a valid password and user ID. Your password is your sole responsibility, and you must take all necessary actions to safeguard the security of your password and its use in accessing COM1 International Website and ordering product via COM1 International. You agree not to challenge the validity or enforceability of any order made via COM1 International with your password. You must not disclose your password to any person who is not authorised to use the password on your behalf. You will be solely responsible for all unauthorised use of your password by your employees or third parties, except where caused solely and directly by COM1 International negligence. COM1 International highly recommends that you change your password periodically, and that you change your password immediately when you have reason to believe that your password security has been compromised. Test
2. Terms and Conditions of Sale
a. All sales of products and finished goods offered and supplied by COM1 International to its Customer (“Customer”) for resale (“Products”) shall be pursuant to the standard terms and conditions of COM1 International. Any conflicting terms in your purchase order or elsewhere are without effect unless signed by the applicable party(ies). All Customer purchases from COM1 International are deemed to be purchases pursuant to a written agreement.
b. ACCEPTANCE: Customer’s acceptance of these Terms and Conditions shall be indicated by any of the following, whichever first occurs: (a) Customer’s written acknowledgement hereof, (b) Customer’s submission of an order to COM1 International, regardless of whether the Product(s) ordered is ever delivered or if the purchase order is completely or partially fulfilled, rejected, modified or cancelled; (c) Customer’s receipt of any part of the items specified for delivery in any purchase order submitted to COM1 International, (c) Customer’s application for credit submitted to COM1 International, (d) accessing any COM1 International Websites, or (e) any other act or expression of acceptance by Customer. Customer’s acceptance is expressly limited to the Terms and Conditions in their entirety without addition, modification or exception and any term, condition, or proposal hereafter submitted by Customer (whether oral or in writing), which is inconsistent with or in addition to the Terms and Conditions set forth hereon is objected to and is hereby rejected by COM1 International. COM1 International’s silence or failure to respond to any such subsequent term, condition or proposal shall not be deemed to be COM1 International’s acceptance or approval thereof.
c. Customer shall promptly notify COM1 International, no later than 24 hours from invoice date, of any claimed shortages or rejection as to any delivery, with the exception of deliveries that reveal external shipping damage, which, in some instances, must be refused immediately upon delivery by the carrier. Such notice shall be in writing and shall be reasonably detailed stating the grounds for any such rejection. Failure to provide any such notice within such time shall be deemed an acceptance in full of any such delivery. COM1 International shall not be liable for any shipment delays that affect COM1 International or any of COM1 International’s suppliers, including but not limited to delays caused by unavailability or shortages of Products from COM1 International’s suppliers, natural disasters, acts of war or terrorism, acts or omissions of Customer, fire, strike, riot, or governmental interference, unavailability or shortage of materials, labour, fuel or power through normal commercial channels at customary and reasonable rates, failure or destruction of plant or equipment arising from any cause whatsoever, or transportation failures.
3. Limitation of Liability
a. COM1 International SHALL NOT BE LIABLE TO Customer, Customer’s CUSTOMERS, OR ANY OTHER PARTY FOR ANY LOSS, DAMAGE, OR INJURY THAT RESULTS FROM THE USE OR APPLICATION BY Customer, Customer’s CUSTOMER, OR ANY OTHER PARTY, OF PRODUCTS DELIVERED TO Customer, UNLESS THE LOSS OR DAMAGE RESULTS DIRECTLY FROM THE INTENTIONALLY TORTIOUS OR FRAUDULENT ACTS OR OMISSIONS OF COM1 International. IN NO EVENT SHALL COM1 International BE LIABLE TO Customer OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, OR ANY AGREEMENT INTO WHICH THEY ARE INCORPORATED, OR ANY PERFORMANCE OR NONPERFORMANCE UNDER THESE TERMS AND CONDITIONS BY COM1 International, ITS EMPLOYEES, AGENTS OR SUBCONTRACTORS, IN EXCESS OF THE NET PURCHASE PRICE OF THE PRODUCTS OR SERVICES ACTUALLY DELIVERED TO AND PAID FOR BY Customer HEREUNDER. IN NO EVENT SHALL COM1 International BE LIABLE TO Customer OR ANY OTHER PARTY FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF GOOD WILL, LOSS OF ANTICIPATED PROFITS, OR OTHER ECONOMIC LOSS ARISING OUT OF OR IN CONNECTION WITH COM1 International BREACH OF, OR FAILURE TO PERFORM IN ACCORDANCE WITH ANY OF THESE TERMS AND CONDITIONS, OR THE FURNISHING, INSTALLATION, SERVICING, USE OF PERFORMANCE OF ANY PRODUCTS OR INFORMATION COM1 International SHALL PROVIDE HEREUNDER, EVEN IF NOTIFICATION HAS BEEN GIVEN AS TO THE POSSIBILITY OF SUCH DAMAGES.
a. The receiving party shall protect the confidentiality and secrecy of the disclosing party’s Confidential Information and shall prevent any improper disclosure or use thereof by its employees, agents, contractors or consultants, in the same manner and with the same degree of care (but in no event less than a reasonable degree of care) as it uses in protecting its own information of a confidential nature for a period of three (3) years from the date of such disclosure. Each party agrees to provide notice to the other immediately after learning of or having reason to suspect a breach of any of the restrictions. Notwithstanding the foregoing, each party may disclose the other party’s Confidential Information if and to the extent that such disclosure is required by applicable law, provided that the receiving party uses reasonable efforts to limit the disclosure and provides the disclosing party a reasonable opportunity to review the disclosure before it is made and to interpose its own objection to the disclosure.
b. Each party retains for itself all proprietary rights it possesses in and to all of its own Confidential Information. Accordingly, Confidential Information which the disclosing party may furnish to the receiving party shall be in the receiving party’s possession pursuant only to a restrictive, non-transferable, non-exclusive license under which the receiving party may use such Confidential Information under the terms of this Agreement, solely for the purposes of satisfying its obligations hereunder. Each party understands that the party receiving Confidential Information may now or in the future be developing proprietary information internally, or receiving proprietary information from third parties in confidence that may be similar to disclosed Confidential Information. Nothing in this Agreement shall be construed as a representation or inference that the receiving party will not develop products, for itself or others, that compete with the products, processes, systems or methods contemplated by disclosed Confidential Information.
c. Each party acknowledges that any material violation of the rights and obligations provided may result in immediate and irreparable injury to the other party, and hereby agrees that the aggrieved party shall be entitled to immediate temporary, preliminary, and permanent injunctive relief against any such continued violations upon adequate proof, as required by applicable law. Notwithstanding each party hereby submits itself to the personal jurisdiction of the courts of competent subject matter jurisdiction for purposes of entry of such injunctive relief.
5. Electronic Communications Disclaimer
a. COM1 International is not liable for any failure of the COM1 International service, EDI service, or any other form of electronic communication (collectively, “Electronic Communication”) to transmit, receive, store or handle documents or perform related activities. COM1 International does not represent or warrant that the information accessible via the COM1 International Website is accurate, complete or current. Price and availability information is subject to change without notice.
b. Customers must properly use security procedures, which are reasonably sufficient to ensure that all electronic transmissions of documents to COM1 International are authorised and shall be responsible for any such unauthorised transmissions. Any order properly transmitted in accordance with these terms and conditions is considered to be “in writing”; and any order containing a code is deemed (a) to have been “signed” and (b) to constitute an “original” when printed from electronic files or records established and maintained in the normal course of business. Customer and COM1 International agree not to contest the validity or enforceability of orders as to whether certain agreements are to be in writing or signed.
c. Independent Contractor: COM1 International and Customer are and shall be independent contractors to one another, and nothing herein shall be deemed to cause this Agreement to create an agency, partnership, or joint venture between the parties.
6. Force Majeure
a. Neither party shall be liable to the other for any delay in performance or failure to perform, in whole or in part, due to labour dispute, strike, war or act of war (whether an actual declaration is made or not), insurrection, riot, civil commotion, act of public enemy, accident, fire, flood, earthquake, or other act of God, act of any governmental authority, judicial action, computer virus or worm, or similar causes beyond the reasonable control of such party. If any event of force majeure occurs, the party affected by such event shall promptly notify the other party of such event and take all reasonable actions to avoid the effect of such event.
a. Both parties agree to negotiate in good faith the settlement of any disputes that may arise under this Agreement. If necessary, such disputes shall be escalated to appropriate senior management of each party. In the event that such good faith settlements fail, excluding any and all disputes, any and all other disputes and controversies of every kind and nature between the parties arising out of or in connection with the existence, construction, validity, interpretation, or meaning, performance, non-performance, enforcement, operation, breach, continuance, or termination of this Agreement. This Agreement will be governed by the laws of Victoria, Australia. Should there be any controversy or dispute arising from or related to the Agreement, the Parties agree to resort to the arbitration in Victoria, Australia. In the event of any litigation arising out of this Agreement or its enforcement by either party, the prevailing party shall be entitled to recover as part of any judgement, reasonable attorneys’ fees and court costs.
a. All written notices required by this Agreement must be delivered in person or by means evidenced by a delivery receipt and will be effective upon receipt.
a. USE OF THE COM1 International E-COMMERCE WEBSITE IS ON AN “AS IS” BASIS AND COM1 International MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE OR RELATED PRODUCTS. COM1 International DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, COM1 International DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE COM1 International WEBSITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
10. Limitation on Use
a. Customer hereby acknowledges that Products are not intended for use in life support systems, critical care applications, human implantation, commercial aviation, nuclear facilities or systems or any other applications where product failure could lead to injury to persons or loss of life or catastrophic property damage. COM1 International hereby disclaims any liability or responsibility for risk of loss, expenses, cost, liability, litigation and/or potential adverse verdict or judgment in relation to any such use of the products.
11. Limited License
a. The information and databases provided to you via certain COM1 International e-Commerce Websites is licensed to you by COM1 International for your use only in the ordinary course of your business for your review, selection and purchase of products from COM1 International. This license is non-exclusive, non-transferable, and may be terminated by COM1 International with or without cause at any time.
12. Limitation of Liability
a. Except as specifically stated herein, neither COM1 International nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with your use of any COM1 International Website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
b. IN NO EVENT SHALL COM1 International BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL OR OTHER DAMAGES WHATSOEVER RESULTING FROM OR RELATED TO Customer’s USE OF ANY COM1 International AUSTRALIA WEBSITE OR COM1 International PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT OR THE FURNISHING, PERFORMANCE OR USE OF ANY PRODUCT(S) SOLD PURSUANT HERETO, WHETHER DUE TO BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, PRODUCT LIABILITY, PERSONAL INJURY, THE NEGLIGENCE OF COM1 International OR OTHERWISE. COM1 International LIABILITY SHALL BE LIMITED SOLELY TO THE REPAIR, REPLACEMENT OR CREDIT OF THE PRODUCT(S), AT COM1 International OPTION.
13. Governing Law
a. This Agreement will be governed by the laws of the State of Victoria, Australia, excluding the application of its conflicts of law rules. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. Customer agrees to pay court costs and reasonable legal fees incurred in the collection of any unpaid balances whether or not suit is filed.
b. BY ACCESSING ANY COM1 International WEBSITES, YOU ACCEPT ALL THE TERMS AND CONDITIONS WITHIN THIS AGREEMENT (COM1 International: TERMS AND CONDITIONS), IN ADDITION ACCEPT THE TERMS AND CONDITIONS OUTLINED IN THE COM1 International Client APPLICATION FORM. BOTH TERMS AND CONDITIONS ARE APPLICABLE ON ALL TRANSACTIONS BETWEEN COM1 International AND THE Customer.