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Terms and Conditions - Robert Mark Ltd & Robert Mark Australia Pty Ltd Welcome to the Web site of Robert Mark Ltd and Robert Mark Australia Pty Ltd. Please take a few minutes to review these terms and conditions before using this Web site. Your use of this Web site in any manner, including browsing, activating an account with us or making a purchase, constitutes your acknowledgement that you have read the Terms and Conditions and that you agree to follow and be bound by them. Robert Mark Ltd and Robert Mark Australia Pty Ltd reserve the right to update or modify these terms and conditions at any time without prior notice. Your use of the robertmarkonline.com.au Web site following any such change signifies your acceptance of these terms and conditions as changed. For this reason, we encourage you to review them whenever you use this Web site. Important
Points when ordering online.
· Prices are exclusive of GST
·
Freight will be charged and added to total
value of order please check freight details
·
If you have any issues please contact head
office for assistance
· Please read full terms and conditions carefully
·
Robert Mark Australia Pty Ltd requires a
minimum order of $600.00 wholesale price before GST.
Head Office - Robert Mark Ltd. PO Box 8877 Christchurch, New Zealand telephone: +64 3 341 6400 facsimile: +64 3 341 6401 email: rml@robertmark.co.nz Robert Mark Australia Pty. Ltd. PO Box 254 Moorooka Brisbane 4105, Australia telephone: +61 7 3875 2773 facsimile: +61 7 3875 2774 email: rml@robertmark.com.au Account name and password. For certain activities on this Web Site, you are required to have a user id. and a password. It is solely your responsibility to keep your account information and password secure. You must not disclose your password to anyone. You agree to notify Robert Mark Ltd and Robert Mark Australia Pty Ltd immediately of any unauthorized use of your account. Robert Mark Ltd and Robert Mark Australia Pty Ltd disclaim all liability arising from or related to your failure to keep your user id. and password secure. We may cancel or suspend at any time your user id. and password at our discretion without notice or liability to you or any other person. We are not under any obligation to verify the actual identity or authority of any person or company using the account name and password to gain access to use the Web site. We may at any time require proof of the identity of any person or company seeking to access and use the Web site, and may deny access if we are not satisfied with such proof. Ordering Online. In order to purchase through this Web site you must have a registered company with a GST, ABN or ACN number and be of an age where you can form a legally binding contract that is enforceable against you in your province/territory of residence and you must agree to pay for all charges noted on this Web site as payable by you. All prices listed on this Internet Site are in New Zealand or Australian dollars and all charges will be processed in New Zealand or Australian dollars exclusive of GST. Robert Mark Ltd or Robert Mark Australia Pty Ltd reserve the right to limit the quantities of certain products, which you can purchase through the facilities of this Web site. In addition to any other rights or remedies, Robert Mark Ltd and Robert Mark Australia Pty Ltd may, in its sole discretion and without any limitation of liability, restrict or terminate your access to any part of this Web site at anytime. Prohibited or unlawful use. You warrant to Robert mark Ltd and Robert Mark Australia Pty Ltd that you will not use this Web site in any manner which could cause it to be disabled, damaged, overloaded, or impaired or interfere with any other person's use of this Web site. You may not misrepresent your identity or location as a user and you may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Web site. Proprietary rights. The design of this Web Site and all text, logos, graphics, pictures, information, content, and other material displayed on this Web site are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions. You may not use, reproduce, copy or manipulate any such logos, trademarks, slogans, images, marks, or trade names in any manner without prior written permission of the owner of such material. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. Linking to the Web site. Robert Mark Ltd and Robert Mark Australia Pty Ltd expressly prohibits any unauthorized party to create or maintain a link to robertmarkonline.com, robertmark.co.nz and robertmark.com.au, including links to the home page or the buy online page or any other page on the robertmarkonline.com, robertmark.co.nz and robertmark.com.au domain, without our prior written permission. Running or displaying this Web site or any information or material displayed on this Web site in frames or through similar means on another Web site without our prior written permission is prohibited. Information accuracy. Robert Mark Ltd and Robert Mark Australia Pty Ltd make every effort to ensure that the content on this Web site is complete, accurate and current. Despite our efforts, the information on this Web site may occasionally be inaccurate, incomplete or out of date. Such errors, inaccuracies or omissions may relate to price or to product description or availability. Robert Mark Ltd and Robert Mark Australia Pty Ltd reserve the right to correct any of these errors or to change or update the content without prior notice. Further, Robert Mark Ltd and Robert Mark Australia Pty Ltd reserve the right to refuse or cancel any orders containing any of these errors whether or not the order has been submitted, and/or confirmed. Colours. Please note that although Robert Mark Ltd and Robert Mark Australia Pty Ltd make all reasonable efforts to accurately display the Colours of the product shown on this Web Site, we cannot guarantee that the colour you see matches the product colour, as the display of colour will depend on your computer system. Price. Please note that all prices listed on this Web site are wholesale prices exclusive of GST and are for online purchases only. Furthermore, Robert Mark Ltd and Robert Mark Australia Pty Ltd charges GST for products ordered on this Web site. The GST, as well as. the freight costs will be added to the total amount only after it has been prepared and packed (please refer to Freight for more details). Minimum order. Robert Mark Australia Pty Ltd requires a minimum order of $600.00 wholesale price before GST. Robert Mark Ltd (New Zealand) do not require minimum order quantity but please contact Robert Mark NZ for freight details. Any orders lower than this amount will not be processed or shipped. Also, please note there is a minimum quantity required for each item to be respected. Payment terms and conditions. Payment options for all customers are Major Credit cards, EFT and cheque. To receive Net 30 days, please fill out a credit application. Only after credit approval will Net 30 days be applicable on your order. If you already have terms or special conditions with Robert Mark Ltd and Robert Mark Australia Pty Ltd these will apply on any order placed online. All initial orders for non account holding customers are on Proforma basis. Retention of title remains with Robert Mark Ltd and Robert Mark Australia Pty Ltd until invoice is fully paid. No return of merchandise will be accepted without written authorization and no later than 7 days following delivery. Back Ordering policy. If goods ordered online are not available for any reason, they will not be back ordered. Disclaimer. YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK. ALL CONTENT ON THIS INTERNET SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ROBERT MARK LTD AND ROBERT MARK AUSTRALIA PTY LTD DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF ROBERT MARK LTD AND ROBERT MARK AUSTRALIA PTY LTD, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS INTERNET SITE OR ANY OTHER INTERNET SITE LINKED TO THIS INTERNET SITE AND ANY CONTENT ON THIS INTERNET SITE OR ANY OTHER INTERNET SITE LINKED TO THIS INTERNET SITE, INCLUDING, BUT NOT LIMITED TO, ANY: IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; IMPLIED WARRANTY OF NON-INFRINGEMENT; OR ANY CLAIM IN TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT ROBERT MARK LTD AND ROBERT MARK AUSTRALIA PTY LTD DOES NOT REPRESENT OR WARRANT THAT THIS INTERNET SITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS INTERNET SITE OR THE SERVER THAT MAKE THIS INTERNET SITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS. ROBERT MARK LTD AND ROBERT MARK AUSTRALIA PTY LTD DOES NOT MAKE ANY REPRESENTATION THAT THE CONTENT PROVIDED IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF NEW ZEALAND OR AUSTRALIA. Limitations of liability. Robert Mark Ltd and Robert Mark Australia Pty Ltd assumes no responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web site, or your downloading of any information or materials from this Web site. IN NO EVENT SHALL ROBERT MARK LTD AND ROBERT MARK AUSTRALIA PTY LTD, ITS DIRECTORS, EMPLOYEES, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. Indemnification. You shall indemnify Robert Mark Ltd and Robert Mark Australia Pty Ltd, its directors, employees, service providers, consultants, representatives and agents from and against any claim, cause of action or demand, including, but not limited to, reasonable legal, accounting and other professional fees brought as a result of your use of this Web site. Entire Agreement. These Terms and Conditions, together with the Freight Information, as well as the Privacy Policy section of this Web site, constitute the entire agreement between Robert Mark Ltd and Robert Mark Australia Pty Ltd and you regarding the subject matter of this agreement, and supersede all prior communications, whether electronic, oral or written between Robert mark Ltd and Robert Mark Australia Pty Ltd and you with respect to such subject matter. In the event of a conflict between these Terms and Conditions and the Freight Information or Privacy Policy, these Terms and Conditions shall prevail. Governing law. The laws of either New Zealand or Australia shall govern the Terms and Conditions as well as the use of this Web site, including any order or purchase made through this Web site. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. Freight Charges. We do not charge for processing orders and there are no additional costs. Freight costs will be added to the total price of your order only after it has been packed. We only call customers who are paying by major credit card basis, to notify them of the total amount of their order including Freight costs. All other orders will be shipped without notification. All shipments will be shipped through our default Freight organisation unless otherwise specified by the customer. Freight
Costs by region.
As a consideration to our valued customer RML have set a maximum freight charge. RML will subsidise and pay any freight over this amount. Customers can order with confidence knowing freight will not be charged over these percentages. New Zealand customers please contact RML NZ head office for freight details
Claims
Policy. All claims must be notified within 7 days. Any damage in transit
is the consignee’s responsibility and a claim should be lodged immediately at
destination. Only the damaged part or parts should be returned where
possible. A claim approval number must be obtained before returning any
goods. Returned goods and any associated freight costs will not be accepted
unless acceptable arrangements have been made and approval given in advance.
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