Terms and Conditions
These are the standard terms and conditions of supply of WOODS Battery Chargers services offered from time to time on the Woods Battery Chargers web site at http://www.woodsbatterychargers.com.au/ ("the Service"). These terms apply to you as a user of the Service ("Client" or "you"). Please read these terms and conditions carefully. It is a condition of your use of the Service that you comply with these terms and conditions.
1. TERMS AND CONDITIONS PROCEDURE
1.1 These are the terms upon which we agree to provide the Products and Services to the Client.
1.2 We may vary these terms, the amount we charge for any Product or Service, or the terms of the operation of the Product or Service, at any time by general notice on a page of the internet referred to on the home page of our web site at http://www.woodsbatterychargers.com.au. The changes will become effective upon publication of the notice. Where we vary the prices for Product or Service, we will give at least 14 days notice of the change by the same means, and the new prices will apply at the end of that period.
1.3 If you use the Product or Service after that publication, your use will constitute an acceptance of the amended terms.
1.4 These terms constitute the agreement in its entirety and supersede prior agreements.
1.5 We may from time to time run promotions and make special offers of limited time duration ("Promotions"). All Promotions are offered subject to their terms and may be withdrawn or altered at Woods Battery Chargers' discretion. The terms of a promotion will override these terms to the extent of any inconsistency.
2. SERVICE
2.1 We will assign the Registered Client a logon name and password which will provide you with access to the various areas of the Woods Battery Chargers Website.
2.2 With respect to the purchase of specific Products or Services we will advise the Client of correct operational procedures via either documentation provided at time of purchase, email or postal letter sent to you on receipt of payment and our acceptance of your order.
2.3 In the absence of any additional written agreement, these terms and conditions (as varied from time to time) will apply to any further Products or Services you acquire from Woods Battery Chargers.
3. PAYMENT
3.1 You must pay for the Product or Service as notified to you by Woods Battery Chargers in accordance with the prices in force for the Product or Service from time to time.
3.2 Prices published on our web site are inclusive of any appropriate government taxes or charges unless otherwise noted.
3.3 You must pay all amounts billed in accordance with your invoice.
3.4 You consent to us obtaining a credit reporting agency report containing personal information about you (as well as information concerning commercial creditworthiness and activities) for the purpose of the collection of payments which are overdue.
4. WARRANTIES AND LIABILITIES
4.1 We do not warrant that:-
the services will meet your requirements, other than as expressly set out in this agreement;
4.2 Except as expressly provided to the contrary in this agreement, all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this agreement, are excluded. Where any statute implies any term into this agreement, and that statute avoids or prohibits provisions in a contract excluding or modifying the application of or liability under such a term, then the term will be taken to be included in this agreement. However, our liability for any breach of the term will, if permitted by that statute, be limited, at our option, to the resupply of the Products or Services again; or payment of the cost of having the Product or Service supplied again.
4.3 Except as provided under clause 4.2, Woods Battery Chargers, its subsidiaries, officers, directors, employees, partners or suppliers will be liable to you or any third party for:-
(a) any special, punitive, incidental, indirect or consequential damages of any kind;
(b) any damages whatsoever, including, without limitation, those resulting from:
(i) the statements or actions of any employee or agent of Woods Battery Chargers;
(ii) any information that is sent or received or not sent or received;
(iii) your fraudulent, negligent or otherwise unlawful behaviour;
(iv) information, data or other material provided to Woods Battery Chargers by you or on your behalf; or
(viii) any Services that are delayed or interrupted.
4.4 You warrant that:-
(a) at the time of entering into this agreement you are not relying on any representation made by us which has not been stated expressly in this agreement, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material which we have produced;
(b) you will keep secure any passwords issued to you.
4.5 You are solely responsible for dealing with persons who access the data from usernames and passwords issued to you by Woods Battery Chargers, and must not refer complaints or inquiries in relation to such data to us.
4.6 You indemnify us against all costs, expenses, loss or liability that we may suffer (directly or indirectly) resulting from:
(a) your breach of these terms;
(b) your use or misuse of the Product or Service;
(c) the use or misuse of the Product or Service by any person using your account; and,
5. SUSPENSION AND TERMINATION OF ACCESS TO WOODS BATTERY CHARGERS WEBSITE
5.1 We may from time to time without notice suspend the access or disconnect or deny your access to the website:-
(a) during any technical failure, modification or maintenance involving our website. We will use reasonable endeavours to procure the resumption of the Services as soon as reasonably practicable; or
(b) if you fail to comply with any provision in this agreement (including failure to pay charges due), or do, or allow to be done, anything which in our opinion may have the effect of jeopardising the operation of the Service, until the breach (if capable of remedy) is remedied.
5.2 Woods Battery Chargers may without notice to you remove, amend or alter your data upon being made aware of:-
(a) any claim or allegation; or
(b) any court order, judgment, determination or other finding of a court or other competent body, that the data is illegal, defamatory, offensive or in breach of a third party's rights.
5.3 We may end our agreement with you and cease providing Services for any reason, at any time.
6. MISCELLANEOUS
6.1 You may not resell Products or Services or assign your rights and obligations under this agreement without our prior written consent.