ATTENTION: PLEASE READ THESE TERMS CAREFULLY
BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT
YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS “TERMS”,
DO NOT USE THIS WEB SITE.
1. Definitions
“EMC” means EMC Forklift Parts Pty Ltd
“User” means the user of emcgateway.com web site.
2. Use of Site
EMC authorizes you to view, process and download the materials at
this Web Site “Site” only for current Business to business use, provided
that you retain all copyright and other proprietary notices contained
in the original materials on any copies of the materials. You may
not modify the materials at this Site in any way or reproduce or publicly
display, perform, or distribute or otherwise use them for public or
commercial purpose. For purposes of these Terms, any use of these
materials on any other Web site or networked computer environment
for any purpose is prohibited. The materials at this Site are copyrighted
and any unauthorized use of any materials at this Site may violate
copyright, trademark, and other laws. If you breach any of these
Terms, your authorization to use this Site automatically terminates
and you must immediately destroy any download or printed materials.
3. Disclaimer
The Materials and services provided at
this site are provided “As is” without any warranties of any kind
including warranties of merchantability, fitness for a particular
purpose, or non-infringement of intellectual property. EMC may
make changes to the materials and services at this Site, or to the
products and prices described in them, at any time without notice.
The materials and services at this Site may be out of date. EMC
makes no commitment to update the materials and services at this
Site. Once a user is granted a password to access their account
they undertake full responsibility of maintaining their account
details. EMC takes no responsibility for altered and incorrect
account details. All unauthorized purchase orders that have been
supplied will incur a 15% restocking fee if returned.
4. Links
Links to third party Web Sites on this
Site are provided solely as a convenience to you. If you use these
links you will leave this Site. EMC has not reviewed all of these
third party sites and does not control and is not responsible for
any of these sites or their content.
5. Limitation
of Liability
In no event will EMC, its suppliers, or
other third parties mentioned at this site be liable for any damages
whatsoever (including, without limitation, those resulting from
lost data, lost profits or business interruption) arising out of
the use, inability to use, or the results or use of this Site, any
Web sites linked to this Site, or the materials or information or
services contained at any or all such Sites, whether based on warranty,
contract or any other legal theory and whether or not advised of
the possibility of such damages. If your use of the materials,
information or services from this Site results in the need for servicing,
repair or correction of data or equipment, you assume all costs
thereof.
6. Contract
Any contract for the sale of Goods by EMC to User (“Contract”)
is upon and subject to the Conditions of Sale and no others, unless
other written terms are signed by a duly authorized representative
of EMC. If no quotation or written acceptance is given by EMC
all deliveries are made subject to these conditions. Conditions
of Sale are available upon request.
7. Governing
Law
These conditions and any Contract made
between EMC and User shall be governed by and construed in all respects
in accordance with the laws of the State of Queensland, Australia
and any disputes arising there under shall be submitted to the jurisdiction
of the Courts of that State and for such purpose the parties hereby
irrevocably submit to the non-exclusive jurisdiction of those Courts.
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