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Terms and Conditions

About These Terms and Conditions

In these Terms and Conditions "we" and "us" mean Western Downs Autoglass PTY LTD 48 Colamba Street Chinchilla 4423 Australia, and "you" means you the customer.

(1) General

These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.

Force Majeure

Western Downs Autoglass PTY LTDshall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Western Downs Autoglass PTY LTD, and Western Downs Autoglass PTY LTD shall be entitled to a reasonable extension of time for the performance of such obligations.

(2) Licence to use website

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

(a) republish material from this website (including republication on another website);

(b) sell, rent or sub-license material from the website;

(c) show any material from the website in public;

(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;

(e) edit or otherwise modify any material on the website;

(f) redistribute material from this website

(3) Acceptable use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

You must not use our website to transmit or send unsolicited commercial communications.

You must not use our website for any purposes related to marketing without our express written consent.

(4) Restricted access

Access to certain areas of our website is restricted. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion without prior notice.

If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.

We may disable your user ID and password in our sole discretion without notice or explanation.

(5) User generated content

In these terms and conditions, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

(6) Limited warranties

Whilst we endeavour to ensure that the information on this website (excluding user content) is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

(7) Limitations of liability

Nothing in these terms and conditions (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

Subject to this, our liability to you in relation to the use of our website or under or in connection with these terms and conditions, whether in contract, tort (including negligence) or otherwise, will be limited as follows:

(a) to the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature;

(b) We will not be liable for any consequential, indirect or special loss or damage;

(c) We will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;

(d) We will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;

(e) Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.

(8) Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

(9) Breaches of these terms and conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you. We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version.

(11) Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

(12) Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(13) Exclusion of third party rights

These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.

(14) Entire agreement

These terms and conditions , together with our privacy policy and disclaimer constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

(15) Law and jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of Australia and shall be subject to the non-exclusive jurisdiction of the courts of Queensland.

(16) Terms of Sale

Australian, New zealand Sales Only

We only sell and ship products to Australia, New Zealand and the USA . We will not make deliveries outside of these countries.

Legal Capacity To Transact

If you are under the age eighteen (18) years you cannot place orders with Western Downs Autoglass PTY LTD.

By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years.

Should Western Downs Autoglass PTY LTD suffer any damage or other losses as a result of a transaction entered into by a minor, Western Downs Autoglass PTY LTD reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Western Downs Autoglass PTY LTD.

We do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered.

If we cannot process or accept your Order after payment is received we will contact you by email or telephone.

Payment Methods And Processing

Western Downs Autoglass PTY LTD currently accepts PayPal only.

Payment processing will not begin until we receive all the information we need.

Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day.

Business days are Monday through Friday, excluding Public holidays.

We process PayPal payments after you click the "Submit My Order" button.

For PayPal payments we will email a tax invoice to you with your Order Confirmation. Your tax invoice is your proof of purchase.

GST

Western Downs Autoglass PTY LTD purchases include GST unless otherwise stated on a Product listing.

Prices

All prices are in $ AUD- Australian dollars.

Western Downs Autoglass PTY LTD always seeks to list Products with that are to be considered competitively priced.

Western Downs Autoglass PTY LTD reserves the right to change prices for Products displayed at Western Downs Autoglass PTY LTD at any time without prior notice.

Customers are encouraged to compare prices via comparative price shopping engines online and through various other means in order to find the best deal.

Supply Of Your Products

Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation.

When your Order items have been dispatched, we will email you to confirm shipment.

Delivery Of Your Products

Delivery time takes up to 5-10 working days from the date your payment is received.

In all instances the estimated dispatch times will be displayed at the check out for your Product.

Western Downs Autoglass PTY LTD makes every effort to deliver your product according to the estimated delivery times provided by Western Downs Autoglass PTY LTD. The estimated delivery times are in business days (Monday through Friday) excluding Public holidays.

Although every effort is made to ship your Order according to the estimated delivery times provided, estimated ship times may change due to changes in supply or circumstances beyond our control. If your Product has not arrived after the estimated delivery time, please contact us at info@westerndownsautoglass.com.au.

Unless otherwise agreed by us, we will deliver your Products to the address indicated on your Order Confirmation. If no-one is available to take delivery of your Products, our carrier (Australia Post) will leave a card so you can pick-up your Product from your local Post Office. Where delivery is by our courier service and no-one is available to take delivery, they will leave a card requesting you to telephone them to arrange a suitable time and date for delivery.

We will use our reasonable efforts to deliver your Products to you within the estimated delivery time indicated on your Order Confirmation; however, we do not guarantee that we will deliver within this time frame.

Title and risk of loss to all Products will pass to you on delivery.

Your Rights to Return a Product

No refunds, credit or replacements are offered if you have changed your mind about the product, make an incorrect choice, or failed to verify and accurately provide information when placing a purchase.

Dead On Arrival Products - "DOA"

An Western Downs Autoglass PTY LTD Product is considered DOA if it shows symptoms of a failure, or is discovered to be broken when first taken from its packaging.

An Western Downs Autoglass PTY LTD Customer Service member will provisionally determine whether the Product is DOA. Where a Product is provisionally determined as DOA we will arrange to replace the Product.

Refunds will only be offered where a replacement Product cannot be provided.

Where Western Downs Autoglass PTY LTD has provisionally determined that a Product is DOA, return shipping will be arranged at the expense of Western Downs Autoglass PTY LTD.

If the Product is deemed by Customer Services NOT to be DOA, Western Downs Autoglass PTY LTD may in its absolute discretion refuse to replace the Product or offer you a refund for the Product.

When a Product is replaced, your replacement Product becomes your property and the returned DOA Product becomes our property.

When a refund is given, the returned DOA Product becomes our property.

Western Downs Autoglass PTY LTD reserves the right to test any returned DOA Product. If the condition of the Product was misrepresented to us by the customer, Western Downs Autoglass PTY LTD will impose a $35 handling and administration fee.

Product Problems after Delivery

If your item arrived DOA (Dead on Arrival) or you find a defect arises after delivery and a valid claim is received by Customer Service within 10 days of delivery, Western Downs Autoglass PTY LTD will exchange the Product where possible, or refund you the purchase price of the Product. Should you contact us outside the 10 day period customer service management will consider each claim on a case by case basis on its merits.

Where we agree to replace the Product or refund you the purchase price of the Product, you must first return the defective Product to us. You will be obliged to pay for the return of the Product if the item is sent after 10 days from dispatch.

We will make arrangements with you for the return of the Product.

The delivery time for replacing the Product will be the same as stated for the original Product.

Replacement Products are provided with the same Warranty as the returned Product.

Organising the Return of DOA Products

DOA Products must be returned whenever we agree to replace the Product or provide you with a refund.

Where you received a DOA Product by Australia Post, you must then leave the Product at any Australia Post Office.

Where you have received a DOA Product by our courier service, we will make arrangements with our courier service for collection of the Product, and will notify you when they will collect the Product from you.

When a Replacement Product is arranged:

A replacement for the same Product that you ordered will be shipped to you at our expense after we have received your returned DOA Product.

The delivery time for the replacement Product will be the same as stated for the original DOA Product.

Replacement Products are provided with the same Limited Warranty as the DOA Product.

When a Refund is arranged:

Refunds include all shipping and associated costs for the DOA Product.

No refund will be given to you until Western Downs Autoglass PTY LTD has received the DOA Product from you.

Refunds will be issued by cheque or direct credit to your nominated account.

Some Products - Manufacturer Only Warranty

Some Products sold through Western Downs Autoglass PTY LTD are serviced and supported exclusively by their manufacturer.

For items advertised and sold with manufacturer's warranty, we would ask you to contact the manufacturer or supplier in the first instance for replacement or repair under the warranty terms. If the manufacturer is unable to comply.

Computer Hardware - Exclusions and Limitations

Western Downs Autoglass PTY LTD is not liable for any damage to or loss of any programs, data, or other information stored on any media contained within electronic or computing Products. Recovery and reinstallation of system and application software and user data are not covered under any Western Downs Autoglass PTY LTDs warranty.

In relation to any computing media Product, or any computing hardware Product or computing part contained within a Product, Premier Windscreens will not be responsible for direct, special, incidental or consequential damages resulting from any breach of warranty or condition, or under any other legal theory, including but not limited to lost profits, downtime, goodwill, damage to or replacement of equipment and property, any costs of recovering, reprogramming, or reproducing any program or data stored in or used with Premier Windscreens Products supplied to you, and any failure to maintain the confidentiality of data stored on the Product. Western Downs Autoglass PTY LTD specifically does not represent that it will be able to repair any Product under warranty or make a Product exchange without risk to or loss of programs or data.

Where a computing Product needs to be returned to Western Downs Autoglass PTY LTD for replacement or a refund, Premier Windscreens will in no manner whatsoever be responsible for any data you may leave on the computing Product.

NOTE.

Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability in Western Downs Autoglass PTY LTD for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option Western Downs Autoglass PTY LTD, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s).

These terms and conditions are based on a precedent

available at Web site Contracts and Web site Law[1]

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