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- Terms & Conditions
These terms and conditions may be changed by moxa.com.au
in the future. It is your responsibility as a user to periodically return to
this page to review the terms and conditions for amendments. The amended terms
shall take effect automatically the day that they are posted on the Site. Your
continued use of the Site following any amendments will constitute agreement to
such amendments. These Terms of Service were last revised on 19 March 2000.
All content included on this site, including text, graphics, logos, images and
software are the property of moxa.com.au or its suppliers
and are protected by international copyright laws. The use of this content is
for a shopping resource, and any other use including the reproduction,
modification, distribution, transmission, replication or display of the
content of this site is strictly prohibited.
- Trademarks
moxa.com.au and the moxa.com.au logo are service marks of
moxa.com.au in Australia and other countries. These service marks may
not be used in connection with any product or service that is not provided by
moxa.com.au, in any manner that is likely to cause confusion among
customers, or in any way disparages or discredits moxa.com.au.
All other trademarks or registered trademarks displayed on the Site are the
trademarks of their respective owners, and are not intended to imply any
endorsement or affiliation between moxa.com.au and these companies.
- Making Purchases
If you wish to license or make purchases of products and services described on
the Site, you will be asked to supply certain information, including but not
limited to credit card or other payment information. You agree that all
information that you provide to moxa.com.au will be accurate,
complete and current. You agree to pay all charges incurred by authorised
users of your account and credit card or other payment mechanism at the prices
in effect when such charges are incurred. You will be responsible for paying
any applicable taxes, currency conversion fees, and shipping and handling
charges relating to your purchases.
- Pricing and Typographical Errors
Due to the fast pace of the computer and consumer products industries, all
prices are subject to change without notice. We make every effort to provide
our customers with the most accurate and timely information. Despite our best
efforts, a small number of pricing errors may occur on our Site.
In the event a product is listed with an incorrect price due to typographical,
photographic, or technical error or an error in pricing information received
from our suppliers, moxa.com.au shall have the right to refuse or
cancel any orders placed for a product listed at the incorrect price.
- Order Acceptance Policy
The advertisement of any product on the Site does not constitute an offer to
sell. Your order or your receipt of an electronic or other form of order
confirmation does not signify our acceptance of your order, nor does it
constitute confirmation of our offer to sell. moxa.com.au reserves
the right at any time after receipt of your order to accept or decline your
order. moxa.com.au reserves the right at any time after receipt of
your order, without prior notice to you, to supply less than the quantity you
ordered of any item in accordance with our order limitation policy.
All orders placed must obtain pre-approval with an acceptable method of payment,
as established by our credit department. We may require additional verifications
or information before accepting any order.
- Order Limitation Policy
Given the popularity of some products, moxa.com.au may at times have
to restrict the number of such items that you may purchase. It is moxa.com.au's
policy to limit purchase quantities to 10 of an item per
customer within a four-week period. If you have ordered more than this quantity,
we will advise you if we can accommodate your request.
- Products and Services
Some of the products and services available for order through the Site are
distributed on behalf of third-party suppliers ("Suppliers") and are sold
with the Supplier's limited warranty. The warranty periods and service varies
by Supplier and product. The full text of any such warranty is available, free
of charge, upon written request addressed to:
moxa.com.au
Att: Manufacturer's Warranty Request
10 Wotton Street
Cheltenham S.A.
Australia 5014
Except for the moxa.com.au Return Policy, all of your rights and
remedies with respect to your order, purchase, possession, and use of the
products and services and all maintenance, update, warranty, liability, and
any other obligations related to the products and services, if any, shall be
governed by the applicable policies and procedures of the Suppliers.
- Disclaimer and Limitation of Liability
This Site including any content or information contained within it or any
Site-related service, or any product or service licensed or purchased through
the Site, is provided on an "as is" basis without warranties of any kind,
either expressed or implied, including, but not limited to, warranties of
title or noninfringement or implied warranties of merchantability or fitness
for a particular purpose, other than those warranties which are implied by
and incapable of exclusion, restriction or modification under the laws
applicable to this agreement. You acknowledge that any warranty that is
provided in connection with any of the products or services described herein
is provided solely by the owner, advertiser, manufacturer or supplier of that
product and/or service, and not by moxa.com.au. moxa.com.au
does not warrant that your access to the Site and/or related services will be
uninterrupted or error-free, that defects will be corrected, or that this Site
or the server that makes it available is free from viruses or other harmful
components. moxa.com.au does not warrant or make any representations
regarding the use or the results of the use of any product purchased in terms
of its compatibility, correctness, accuracy, reliability or otherwise. You
assume total responsibility and risk for your use of this Site and Site-related
services.
You agree that, except as provided under the moxa.com.au Return
Policy, moxa.com.au and its directors, officers, employees, agents,
sponsors, consultants or other representatives ("Service Providers") shall not
be responsible or liable for any direct, indirect, incidental, consequential,
special, exemplary, punitive or other damages (including without limitation
loss of profits, loss or corruption of data, loss of goodwill, work stoppage,
computer failure or malfunction, or interruption of business) under any
contract, negligence, strict liability or other theory arising out of or
relating in any way to the Site, Site-related services, or any products or
services offered, sold or displayed on the Site.
A possibility exists that the Site could include inaccuracies or errors.
Additionally, a possibility exists that unauthorised additions, deletions and
alterations could be made by third parties to the Site. Although
moxa.com.au attempts to ensure the integrity of the Site, it makes
no guarantees whatsoever as to its completeness, correctness, or accuracy. In
the event that such an inaccuracy arises, please inform
moxa.com.au so that it can be corrected.
Price and availability of products and services offered on the Site are subject
to change without prior notice. To the extent we provide information on
availability of products and services, you should not rely on such information.
moxa.com.au will not be liable for any lack of availability of
products and services you may order through the Site.
- Title Transfer
moxa.com.au remains title to items purchased until the said purchaser
pays for the items at which time the title passes to the purchaser.
- Governing Law
Transactions between you and moxa.com.au shall be governed by and
construed in accordance with the laws of the state of South Australia, Australia,
without regard to the laws regarding conflicts of law. Any litigation regarding
this agreement or any transaction between customer and moxa.com.au
shall be brought in the state or federal courts located in Adelaide, South
Australia, Australia and the customer agrees and submits to such jurisdiction
and venue as proper.
- Miscellaneous
If any provision of this agreement shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from this agreement
and shall not affect the validity and enforceability of any remaining
provisions. This agreement constitutes the entire agreement between the parties
relating to the subject matter herein and cannot be modified except in a written
agreement signed by both parties. Any heading, caption, or paragraph title
contained in this agreement is inserted only as a matter of convenience and
in no way defines or explains any paragraph or provision hereof.
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