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Term and Conditions
1. DEFINITIONS:
Buyer means the person, firm, corporation or entity who orders and buys or agrees to buy the goods from UDG. Goods means the products or parts which the buyer contracts to buy from UDG.
2. CONDITIONS APPLICABLE:
2.1: These conditions shall apply to all contracts for the sale of goods by UDG to the buyer to the exclusion of all other terms and conditions including any terms or conditions which the buyer may purport to apply contained in or under any purchase order, confirmation of order or similar document.
2.2: An order for goods shall be deemed to be an offer by the buyer to purchase goods pursuant to these conditions.
2.3: The submission of an order for the goods shall be deemed conclusive evidence of the buyers acceptance of these conditions.
2.4: Payment: All Products shall be paid for on or before delivery or if UDG and the Customer agree on and maintain a credit arrangement, by the terms and conditions of the arrangement.
2.5: Any variation to these conditions ( including any special terms and conditions agreed between the parties) shall be invalid unless agreed in writing by UDG and the buyer.
3. THE PRICE:
3.1: The price shall be UDG quoted price.
3.2: The price in the quotation is that applicable at the date of quotation and is, at UDG discretion, subject to change depending on the fluctuation in the cost of materials, labour, currency exchange rates or duty and shipping rates. Should there be any change as aforesaid, UDG reserves the right to vary the price accordingly and the buyer is deemed by these conditions to accept such variation.
3.3: No order of the buyer is binding upon UDG until it has been accepted or confirmed.
4. RISK OF LOSS:
4.1: The risk of loss and title for goods purchased from UDG passes to the buyer upon delivery by UDG to the carrier.
5. RETENTION OF TITLE:
5.1: Legal property in the goods in the goods shall not pass to the buyer until all monies owed by the buyer to UDG are paid in full and unconditionally, and delivery is made by UDG to the carrier.
6. WARRANTIES
6.1: UDG disclaims all warranties, conditions or terms (whether express or implied by statute, common law or arising from conduct or a previous course of dealing or trade ( custom or usage) as to the information, content or materials therein, or as to the quality of the goods or the fitness for any particular purpose ( whether or not that purpose is made known to UDG) or merchantability or condition of goods, are hereby expressly excluded and/or negated, to the extent to which the same can, in accordance with law, be excluded and/or negated.
6.2: It is fundamental to this contract that any damages recoverable from UDG as a result in any breach of this contract, or from use or operation of this site, shall be limited to and completely discharged by either (a) the replacement of goods or supply of equivalent goods. (b) the repair of the goods. (c) a refund of the purchase price to the buyer in accordance with UDG refund or exchange policy, and such damages shall in no event include consequential damages of any kind whatsoever.
7. OTHER DOCUMENTATION:
7.1: These conditions constitute the whole of the conditions applicable to the contract between UDG and the buyer. No statement , description, information, warranty, condition or recommendation contained in any catalogue , price list, or advertisement and no communication made verbally by any of UDG agents or employees shall be construed in any way as part of the contract or to enlarge, vary, modify or override these conditions.
7.2: UDG reserves the right to modify the specifications of the goods in its discretion, from time to time.
8. CANCELLATION:
UDG may cancel this contract at any time before the goods are delivered, by giving written notice to the buyer. On giving such notice, UDG shall promptly repay to the buyer any sums paid in respect of the goods. UDG shall not then be liable for any loss or damage whatsoever arising from such cancellation.
9. INTELLECTUAL PROPERTY:
UDG makes no representation , warranty or statement any kind that the goods or the use of goods either alone or in conjunction with others will not infringe any copyright, patent or trade mark rights or other intellectual property rights of any person.
10. PROPER LAW:
This contract is deemed to have been made in the State of Victoria in the Commonwealth of Australia, and is subject to, and is to be interpreted in accordance with the laws of the State of Victoria.