Legal

TERMS & CONDITION OF SALE

PLEASE READ CAREFULLY: UNLESS THE CUSTOMER HAS ANOTHER VALID AGREEMENT WITH SHOWERLINE INDUSTRIES (SHOWERLINE (AUST) PTY LTD) OR ITS SUPPLIERS WHICH TERMS APPLY TO THE SPECIFIC PRODUCT OR SERVICE PURCHASED OR UNLESS OTHER SHOWERLINE INDUSTRIES TERMS OR ADDITIONAL SHOWERLINE INDUSTRIES TERMS ARE SPECIFIED ON ANY SHOWERLINE INDUSTRIES SPECIFIC PRODUCT, THE FOLLOWING SHOWERLINE INDUSTRIES TERMS AND CONDITIONS OF SALES AND SERVICE (TERMS) (WITH ANY ADDITIONAL SHOWERLINE INDUSTRIES TERMS IF SO SPECIFIED) WILL APPLY AND GOVERN ALL SHOWERLINE INDUSTRIES SALES AND LICENSES OF SHOWERLINE INDUSTRIES PRODUCTS AND SERVICES.

BY USING, DOWNLOADING, INSTALLING, COPYING, OR ACCESSING THE PRODUCT, OR BY CHOOSING THE “I ACCEPT” OPTION LOCATED ON OR ADJACENT TO THE SCREEN WHERE THIS AGREEMENT MAY BE DISPLAYED, YOU AGREE TO THE TERMS BELOW. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, AND DELIVERY OF THE PRODUCT OR SERVICE IS EFFECTED, DO NOT USE, DOWNLOAD, INSTALL, COPY, OR ACCESS THE PRODUCT OR SERVICE, AND PROMPTLY RETURN THE PRODUCT WITH PROOF OF PURCHASE TO THE PARTY FROM WHOM YOU ACQUIRED IT AND OBTAIN A REFUND OF THE AMOUNT YOU PAID, IF ANY. IF YOU DOWNLOADED ANY SOFTWARE, CONTACT THE PARTY FROM WHOM YOU ACQUIRED IT.

1. DEFINITIONS

a) “Delivery” means standard SHOWERLINE INDUSTRIES shipping to and arrival at the “Ship To” address in the state where your order is placed, unless otherwise indicated on the order form.

b) “Products” means product,, documentation, accessories, supplies, parts and upgrades that are determined by SHOWERLINE INDUSTRIES to be available from SHOWERLINE INDUSTRIES upon receipt of your order.

c) “Specifications” means specific technical information about SHOWERLINE INDUSTRIES Products which is published in SHOWERLINE INDUSTRIES Product manuals and technical data sheets in effect on the date SHOWERLINE INDUSTRIES ships your order.

d) “Support” means product maintenance and repair; showroom product maintenance; training; and other standard support services provided by SHOWERLINE INDUSTRIES.

2. PRICES
a) Prices are exclusive of GST and includes Delivery charges unless otherwise indicated on the order form and are valid for the period indicated, subject to paragraph b). The final price will be fixed at the time SHOWERLINE INDUSTRIES sends its acknowledgment of your order. You must notify SHOWERLINE INDUSTRIES promptly of any errors or omissions of any kind in payment terms, including price, contained in SHOWERLINE INDUSTRIES’S acknowledgment.

b) SHOWERLINE INDUSTRIES reserves the right to correct the price at any time prior to Delivery where there has been a typographical or other error in the price. SHOWERLINE INDUSTRIES shall notify you of the corrected price. You may choose to pay the corrected price, however if you do not choose to pay the corrected price, then SHOWERLINE INDUSTRIES shall have the right to cancel your order without further obligation to you.

3. ORDERS
a) All orders are subject to acceptance by SHOWERLINE INDUSTRIES as evidenced by SHOWERLINE INDUSTRIES’S acknowledgment.

b) You will specify Ship To addresses within the country where the order is placed, unless otherwise agreed.

c) If your order is for Products, or Support which is obsolete, old or out of stock, SHOWERLINE INDUSTRIES will notify you and offer the option of a substitute good (which may be a different price) or cancellation of your order. If you choose to take the substitute good, your order will be amended a new acknowledgement sent by SHOWERLINE INDUSTRIES.

4. DELIVERY
a) SHOWERLINE INDUSTRIES will make reasonable efforts to ship your order within the delivery times stipulated in the order acknowledgement. If SHOWERLINE INDUSTRIES is unable to meet this deadline it will notify you of any expected delay and offer the option of a substitute good (which may be a different price) or a refund of the payment made. If you choose to take the substitute good, your order will be amended and a new acknowledgement sent by SHOWERLINE INDUSTRIES.

b) SHOWERLINE INDUSTRIES will not make deliveries to schools, hotels, motels and restaurants except to offices of these establishments. SHOWERLINE INDUSTRIES will also not make deliveries to PO boxes, pavements and streets. SHOWERLINE INDUSTRIES reserves the right to ask for information required to authenticate the identity of the purchaser including name, address and credit card number prior to handover of the goods ordered.

5. SHIPMENT AND RISK OF LOSS
SHOWERLINE INDUSTRIES will ship according to SHOWERLINE INDUSTRIES’S standard commercial practice, and risk of loss and damage will pass to you at Ship To address. If special packing or shipping instructions are agreed, including shipment by overnight delivery service, charges will be billed to you, and risk of loss and damage will pass to you on delivery to carrier.

6. INSTALLATION AND ACCEPTANCE
a) Product installation information, is available with any of our Products, if applicable. Unless specifically mentioned SHOWERLINE INDUSTRIES will NOT provide installation for Products purchased.

b) Products, acceptance by you occurs upon Delivery. SHOWERLINE INDUSTRIES recommends that customers retain packaging for at least 15 days after acceptance or Delivery. You have 3 days after accepting delivery to make a claim on damage, after this stage you accept all ownership of the product.

7. CANCELLATIONS, RETURNS AND REFUNDS
In addition to the mandatory statutory rights available to customers under applicable consumer laws, SHOWERLINE INDUSTRIES will issue a customer a refund if the following circumstances apply:
a) the order is cancelled prior to Shipment of the Product. “Shipment” is defined as the time the Product is ready to be loaded on any mode of transport SHOWERLINE INDUSTRIES chooses for the purposes of Delivery, or for on-site Support services, the time that the SHOWERLINE INDUSTRIES Customer Service Representative is ready to depart for the site at which the Support services are to be carried out; or

b) the Product is returned within 30 days of purchase without being opened. Collection charges apply. These charges vary depending on the date and place of collection. SHOWERLINE INDUSTRIES may deduct collection charges from the amount to be refunded. If a product is faulty, we would prefer to attempt to repair it to the customer’s satisfaction rather than issuing a refund, provided that is acceptable to the customer.

8. PAYMENT
a) Payment must be made in the manner prescribed on the order form. Any credit terms are subject to SHOWERLINE INDUSTRIES approval.

b) SHOWERLINE INDUSTRIES may discontinue performance if you fail to pay any sum due, or fail to perform under this or any other SHOWERLINE INDUSTRIES agreement if, after 10 days written notice, the failure has not been cured.

c) Title to the Products will pass upon the later of full payment or Delivery of Products.

9. SUPPORT
a) You may request Support from SHOWERLINE INDUSTRIES’S then current Support offering. Some Support (and related Products) may not be available in all states. Orders for Support are subject to the terms of the offering in effect on the date of order. Some Support (and related Products) may not be available in all states.

b) To be eligible for Support, Products must be at current specified revision levels and, in SHOWERLINE INDUSTRIES’S reasonable opinion, in good operating condition.

c) SHOWERLINE INDUSTRIES may, at no additional charge, modify Products to improve operation, supportability and reliability, or to meet legal requirements.

d) Relocation of Products is your responsibility.

e) SHOWERLINE INDUSTRIES does not provide Support for products not supplied by SHOWERLINE INDUSTRIES or approved by SHOWERLINE INDUSTRIES in writing, or for Products which you do not allow SHOWERLINE INDUSTRIES to modify. You are responsible for removing such products to allow SHOWERLINE INDUSTRIES to perform Support services. If Support services are made more difficult because of such a product, SHOWERLINE INDUSTRIES will charge you for the extra work at SHOWERLINE INDUSTRIES’S standard rates.

f) Support may use remanufactured parts which are equivalent to new in performance. Replaced parts become the property of SHOWERLINE INDUSTRIES.

g) Support does not cover any damage or failure caused by:
1) use of non-SHOWERLINE INDUSTRIES products, supplies and other products; or
2) site conditions that do not conform to SHOWERLINE INDUSTRIES’S site specifications; or
3) neglect, improper use, fire or water damage, transportation by you, work or modification by people other than SHOWERLINE INDUSTRIES employees or subcontractors, or other causes beyond SHOWERLINE INDUSTRIES’S control; or
4) inability of any non-SHOWERLINE INDUSTRIES products in your environment to correctly process, provide or receive date data (i.e., representations for months, day, and year), and to properly exchange date data with the Products supplied by SHOWERLINE INDUSTRIES.

h) SHOWERLINE INDUSTRIES materials provided and/or used by SHOWERLINE INDUSTRIES in providing Support remain the exclusive property of SHOWERLINE INDUSTRIES. You may use such materials only for activities related to, and only during the term of, SHOWERLINE INDUSTRIES’s provision of Support. Upon termination or expiration of Support, you will either (at SHOWERLINE INDUSTRIES’s option) return to SHOWERLINE INDUSTRIES or destroy such materials.

i) You are responsible for maintaining a procedure external to the Products to reconstruct lost. You will have a representative present when SHOWERLINE INDUSTRIES provides Support services at your site. You are responsible for preparing and maintaining a safe and suitable site in accordance with SHOWERLINE INDUSTRIES‘s site specifications. You will notify SHOWERLINE INDUSTRIES if Products are being used in an environment which poses a potential health hazard to SHOWERLINE INDUSTRIES employees or subcontractors; if this is the case, SHOWERLINE INDUSTRIES may require you to move such Products into or maintain them in a safe environment in order for SHOWERLINE INDUSTRIES to carry out the Support services. SHOWERLINE INDUSTRIES may not provide Support if SHOWERLINE INDUSTRIES reasonably believes that conditions at the site represent a safety or health risk.

10. WARRANTY
a) Product warranty period and additional information is available in this document, with Products, or upon request. SHOWERLINE INDUSTRIES reserves the right to change the warranty. Such changes will affect only new orders. The warranty period begins on the date of Delivery. When contacting SHOWERLINE INDUSTRIES for warranty purposes, SHOWERLINE INDUSTRIES reserves the right to ask for information pertaining to ascertaining validity of purchase including name, address and serial number of product purchased.

b) SHOWERLINE INDUSTRIES warrants SHOWERLINE INDUSTRIES Products against defects in materials and workmanship.

c) Subject to applicable consumer laws, if SHOWERLINE INDUSTRIES receives notice of defects in the product during the warranty period, SHOWERLINE INDUSTRIES will, at its option, repair, or replace the affected Products. If SHOWERLINE INDUSTRIES is unable, within a reasonable time, to repair, replace or correct a defect in a Product to a condition as warranted, you will be entitled to a refund of the purchase price upon prompt return of the Product to SHOWERLINE INDUSTRIES. SHOWERLINE INDUSTRIES will pay expenses for shipment of repaired or replacement Products.

f) SHOWERLINE INDUSTRIES warrants that SHOWERLINE INDUSTRIES Support will be provided in a professional and workmanlike manner. Subject to applicable consumer laws, SHOWERLINE INDUSTRIES will replace, at no charge, parts which are defective and returned to SHOWERLINE INDUSTRIES within 90 days of Delivery.

g) Some newly manufactured SHOWERLINE INDUSTRIES Products may contain, and SHOWERLINE INDUSTRIES Support may use, remanufactured parts which are equivalent to new in performance.

h) The above warranties do not apply to defects resulting from improper or inadequate maintenance or adjustments by you; your or third party supplied product, interfacing or supplies; unauthorized modification; improper use or operation outside of the Specifications for the Product; abuse, negligence, accident, loss or damage in transit; improper site preparation; or unauthorized maintenance or repair.

i) TO THE EXTENT PERMITTED BY APPLICABLE CONSUMER LAWS, THE REMEDIES IN THESE SHOWERLINE INDUSTRIES TERMS AND CONDITIONS OF SALES AND SERVICE ARE YOUR SOLE AND EXCLUSIVE REMEDIES. EXCEPT TO THE EXTENT PERMITTED, BY THOSE LAWS, THE WARRANTY TERMS CONTAINED IN THIS STATEMENT DO NOT EXCLUDE, RESTRICT OR MODIFY AND ARE IN ADDITION TO THE MANDATORY STATUTORY RIGHTS APPLICABLE TO THE SALE OF THIS PRODUCT TO YOU.

11. LIMITATION OF LIABILITY AND REMEDIES
a) Products are not specifically designed, manufactured or intended for sale as parts, components or assemblies for the planning, construction, maintenance, or direct operation of a nuclear facility. You are solely liable if Products or Support purchased by you are used for these applications. You will indemnify and hold SHOWERLINE INDUSTRIES harmless from all loss, damage, expense or liability in connection with such use.

b) To the extent permitted by applicable law, and to the extent SHOWERLINE INDUSTRIES is held legally liable to you, whether in contract, tort, statute or otherwise, SHOWERLINE INDUSTRIES’S liability is limited to:

1) damages for bodily injury.
2) other direct damages for any claim based on a material breach of Support services, up to a maximum of 12 months of the related Support charges paid by you during the period of material breach.

c) To the extent permitted by applicable law, and notwithstanding Section 12-b) above, in no event will SHOWERLINE INDUSTRIES or its affiliates, subcontractors or suppliers be liable for any of the following:
1) actual loss or direct damage that is not listed in 12-b) above.
3) damages relating to your procurement of substitute products or services
(i.e., “cost of cover”); or
4) incidental, special or consequential damages (including downtime costs or lost profits)

d) TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE REMEDIES IN THESE SHOWERLINE INDUSTRIES TERMS AND CONDITIONS OF SALE AND SERVICE ARE YOUR SOLE AND EXCLUSIVE REMEDIES.

13. GENERAL
a) Transactions may be conducted through Secure Sockets Layer (“SSL”) or other electronic methods, as agreed.

b) SHOWERLINE INDUSTRIES will not be liable for performance delays or for non-performance due to causes beyond its reasonable control.

c) If either party becomes insolvent, is unable to pay its debts when due, files for bankruptcy, is the subject of involuntary bankruptcy, has a receiver appointed, or has its assets assigned, the other party may cancel any unfulfilled obligations.

d) You may not assign any rights or obligations hereunder without the prior written consent of SHOWERLINE INDUSTRIES.

e) Disputes arising in connection with these SHOWERLINE INDUSTRIES Terms and Conditions of Sale and Service will be governed by the laws of Victoria, Australia.

g) Provisions herein which by their nature extend beyond the termination of any sale or license of Products or Support will remain in effect until fulfilled.

h) These SHOWERLINE INDUSTRIES Terms and Conditions of Sale and Service and any additional terms referred to within these Terms and Conditions thereto constitute the entire agreement between SHOWERLINE INDUSTRIES and you, and supersede any previous communications, representations or agreements between the parties, whether oral or written, regarding transactions hereunder. Your additional or different terms and conditions will not apply. Your purchase or license of Products, Software and Support will constitute your acceptance of these SHOWERLINE INDUSTRIES Terms and Conditions of Sale and Service, which may not be changed except by an amendment signed by the parties.