1. Customer Acknowledgment. Customer acknowledges agreement with these Terms of Sale by the placement of an order to purchase a Product from CADspace.
2. All Sales Made in New South Wales. All sales shall be deemed made in the State of New South Wales, regardless of the location of the Customer. The Customer agrees that any dispute with CADspace arising out of the Customer’s purchase from CADspace shall be brought by the Customer exclusively in the state or federal courts situated in the State of New South Wales; and the Customer hereby agrees that such venue is appropriate and that CADspace’s agreement to sell and deliver products to the Customer is dependent on this provision.
3. Purchase Price. (a) Prices are listed in CADspace’s pricelists. quotes and Web site and are subject to change without notice. Prices for certain governmental, corporate and intuitional customers may be set forth in a bid or other written agreement between the par?es. (b) Payment is due before shipment, unless credit terms have been arranged in advance with CADspace. In such case, payment terms shall be as set forth in the credit agreement. (c) All prices are subject to GST for sales made to Australian residents.
4. Shipping Terms. Shipping terms are: F.O.B. Sydney. CADspace will arrange payment for shipping with the carrier, but such costs are the responsibility of Customer. Risk of loss is upon Customer once CADspace delivers the Product to the carrier. Delivery times are estimates only and CADspace shall not be liable for delays.
5. Vendor License Agreements. Customer agrees to abide by all license provisions or end user agreement imposed by the manufacturer or publisher.
6. International. Products sold by CADspace, including equipment and so?ware, may be exported from Australia only in accordance with the Export Administration Regulators. Diversion contrary to Australia law is prohibited. Customer warrants and represents that it is eligible to receive Products under Australian law and agrees to abide by any export or re-export restrictions imposed by the manufacturer or publisher.
7. LIMITED MANUFACTURER’S WARRANTY. (a) CADspace warrants that it has good title to the hardware Products it sells, and that it has proper authority to license the software Products it distributes (b) CADspace does not warrant the performance or integrity of any Product, but merely passes through to the Customer whatever end-user warranty the manufacturers or software publishers provide with their respective Products. (c) CADSPACE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED BY LAW, INCLUDING MERCHANTABILITY AND USE FOR A PARTICULAR PURPOSE.
8. LIMITATION OF LIABILITY. IN NO EVENT SHALL CADSPACE BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT OR OPPORTUNITY. CUSTOMER’S SOLE AND EXCLUSIVE REMEDY IS STATED IN THE MANUFACTURER’S OR PUBLISHER’S END USER WARRANTY ACCOMPANYING THE PRODUCT. IN NO EVENT SHALL CADSPACE’S LIABILITY EXCEED THE REPAIR, REPLACEMENT OR COST OF THE SPECIFIC PRODUCT PURCHASED FROM CADSPACE. SOME STATES MAY NOT RECOGNIZE A DISCLAIMER OR LIMITATION OF WARRANTIES AND/OR LIMITATION OF LIABILITY SO THE ABOVE DISCLAIMERS MAY NOT APPLY. CUSTOMER MAY ALSO HAVE DIFFERENT AND/OR ADDITIONAL RIGHTS AND REMEDIES THAT VARY FROM STATE TO STATE.
9. Returns. Returns of Products are subject to CADspace’s current return policies, which are set forth in the catalogues, Web site, and shipping statement, subject to any additional or lesser return rights adopted by the manufacturer or publisher. Please read Returns Policy below.
10. Cancelation of orders. In the event that You cancel Your order, CADspace reserves the right to invoice 15% of the total amount quoted.
11. By placing your order you acknowledge and confirm that you are not relying on any representation made by CADspace or any of its officers, employees, contractors or subcontractors that has not been stated expressly in this agreement, or on any descriptions or specification contained in any other document, including any presentations, catalogues or publicity material produced by or on behalf of CADspace.
12. Exclusive Agreement. These Terms of Sale represent the complete and final agreement between the Customer and CADspace for the matters set forth herein, and shall be supplemented only by the prices, quantity, and descriptions set forth in CADspace’s invoice for the relevant sale. Terms contained in Customers’ purchase orders, offers to buy, terms and conditions, and the like shall have no effect.
13. General. (a) These Terms of Sale and any transaction made under them shall be interpreted by and be subject to the laws of the State of New South Wales. (b) In the event any section or portion of a section of these Terms of Sale are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms of Sale, and the remaining terms shall continue in full force and effect. (c)CADspace shall not be responsible for damages or delays resulting from Acts of God, and from other actions, both governmental and otherwise, including but not limited to war, riot, seizure, and embargo. (d)These Terms of Sale may be modified from time to time by CADspace without notice and are current as of the date of the then current catalogue or Web site. Please refer to the current catalogue or Web site.
14. Warranties, Guarantees & Returns. All returns must be authorised by CADspace within 30 days of the invoice date. Within thirty (30) days of purchase, we will replace or repair, at our sole discretion, any product that is deemed defective. After 30 days, the manufacturer’s warranty process must be followed.
Please Note: Due to manufacturer’s restrictions, goods are returnable in the first 30 days for repair only. We do not offer refunds for incorrect choice or if you change your mind. Products are not returnable for credit or exchange. All non-defective returns authorized by CADspace are subject to a 20% restocking fee and must be returned within 30 days from date of invoice. Prior to shipping your return, please call us to get a Return Merchandise Authorisation (RMA) number. Items must be returned within 5 days after receiving your RMA and must be packed in the original, unmarked packaging.
Warranty Information. You are entitled to the manufacturer’s limited express warranty, if any that accompanies the product. CADspace makes no additional or independent warranty. All other warranties, express or implied, including the warranties of merchantability and fitness for a particular purpose are disclaimed. CADspace shall under no circumstances be liable for special, incidental, or consequential damages including loss of profit, even if it has been advised of the possibility of such damages; the maximum liability for all direct damages, if any, arising out of any action shall be limited to an amount not to exceed the purchase price of the product. Errors and Omissions CADspace makes every effort to ensure the accuracy of the information published in our catalogues and on our Web site(s). However, the documents and graphics published on this site may contain technical inaccuracies or typographical errors.