Mechsealsonline – Terms & Conditions
Copyright © 2020
Welcome to the Mechsealsonline website (the “Website”). This Website is owned and operated by North Queensland Engineered Solutions P/L(NQES (ABN 71 415 960 330)For an on behalf of (“Mechsealsonline”). It is intended to provide you with information about Mechsealsonline and to give access to our products and services.
Your use of this Website and the information available (the “Material”) on this Website, and also your use of any of our products and services, is subject to the following terms and conditions. Please ensure that you read this carefully, especially the disclaimers and limitations of liability, as in using the Website or by using or purchasing any of our products and services, you will be taken to have agreed with these terms and conditions.
Mechsealsonline does not intend to make changes to these terms and conditions often, but may change them at any time without notice. You should check whenever you use this Website to ensure that you have read and agree with the most current terms and conditions.
1.TRADE MARK AND PRODUCT DISCLAIMER
Mechsealsonline specialises in mechanical seals to suit pump brands like Flygt, Flowserve, Goulds, Southern Cross, Grundfos Onga, Davey and others. These and other manufacturer brand names and product logos are used on this website solely for the purpose of demonstrating compatibility. Such use of trademarks or links to the web sites of vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with any product described on this site. Mechsealsonline expressly acknowledges the trademarks of all other brands listed on this website.
2.PRODUCT DESCRIPTION, TYPOGRAPHICAL ERRORS, & THIRD PARTY SITES
Mechsealsonline attempts to be as accurate as possible with our product descriptions. However, Mechsealsonline does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered is not as described, your sole remedy is to return it in unused condition.
The prices and availability of the products and services listed on this site are subject to change without notice. The listing, description of, or reference to, a product or service on this Website does not imply that the product or service is presently available. All orders of products or services are subject to prevailing law, including, as appropriate, export and import regulations and boycotting restrictions, if any, imposed by governing bodies having jurisdiction over such orders, products or services.
You should note that product comparisons do not imply that all products compared are available, or in the case of functional equivalency, that performance or other characteristics are exactly comparable.
In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Mechsealsonline shall have the right to refuse or cancel any orders placed for a product or service listed at the incorrect price whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Mechsealsonline shall issue a credit to your credit card account in the amount of the incorrect price.
Mechsealsonline is not responsible for the content of any sites that may be linked to or from this Website. These links are provided for your convenience only and you access them at your own risk. Any other web site accessed from this Website is independent from Mechsealsonline, and Mechsealsonline has no control over the content of that other web site. In addition, a link to any other web site does not imply that Mechsealsonline endorses or accepts any responsibility for the content or use of such other web site. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Mechsealsonline of that third party or of any product or service provided by a third party. Pictures on this site are for illustration purposes and may or may not exactly represent the product.
3.FAULTY OR DEFECTIVE GOODS
All products are warranted in line with the guarantee offered from respective manufacturers. Mechsealsonline does not provide any additional warranties or guarantees beyond that provided by the original manufacturers.
All orders delivered by courier companies will have attached to their sent goods an "AUTHORITY TO LEAVE ARTICLE ON PREMISES WITHOUT P.O.D. SIGNATURE" or a "NO SIGNATURE REQUIRED" or other such label indicating that goods may be left at the nominated address without a signature or physical hand over to the customer. Such customers agree to abide by this action and hence are then fully responsible for the condition and title of such goods left without a signature.
All orders delivered by Australia Post may be left at the nominated address without a signature or physical hand over to the customer and such customers agree to abide by this action and hence are then fully responsible for the condition and title of such goods left without a signature.
Those customers who expressly inform Mechsealsonline prior to dispatch that they would prefer that goods be received in person and signed for by them or their representatives, must be available to do so when goods are attempted to be delivered. Such deliveries can only be made where a signature to verify the delivery can be obtained or there is an authorised receiver’s officer to accept the goods handed over from the delivery company. The best addresses are where someone is available between 7am and 6pm weekdays, or a business address which is open during normal business hours. Notification of this option must be in writing and placed in the space provided for comments after submitting and confirming order. If delivery to a customer's nominated address is unsuccessful due to customer or their representatives not being available to receive and/or sign for such goods after exercising this option, any additional redelivery fees will be charged to the customer.
Usually if delivery cannot be made, Australia Post and couriers will leave a note or card with further instructions for you to pick up or have the items redelivered, but this cannot be taken for granted. If delivery cannot be made, the customer will be responsible for any redelivery fees incurred even though such customer may not receive the item. We strongly urge customers to make sure someone is available to receive goods. If there is a possibility that someone will not be available to personally receive the order, and the customer wishes to ensure delivery will be effected, we strongly urge you to nominate either another postal address or a local post office as the point of delivery.
Couriers and other transport services are unable to personally call before delivery is made or attempted to be made to indicate time of day goods will be delivered. Requests to deliver between certain hours during the day cannot be granted. Transport and postal companies are unable provide such information due to the inherent logistical costs and delays such undertaking would incur.
If the customer has received a dispatch notice with a tracking number available, it is the customer's responsibility to contact the nominated delivery company in the first instance to investigate the progress of the delivery before contacting Mechsealsonline.
Although every care is taken by Mechsealsonline to ensure accurate delivery to Customers, Mechsealsonline does not accept liability for any losses occurring at point of delivery.
6.MODIFICATIONS TO SERVICE
We may modify, suspend or discontinue any Product, Service or Promotion in our sole discretion without prior notice. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the email address you gave us when you placed the order.
7.WEBSITE USER CONDUCT
Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Website (or any linked site) will not be permitted. You agree not to access or attempt to access the non-public areas of the Website or any other user’s password-protected information or impersonate any person or entity or otherwise falsely state or misrepresent your affiliation with a person or entity.
You agree that your data, content, and any information provided or used on Website, as well as your use of our Website, products and services will not infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights (collectively Rights) of any party, including the Rights of third-parties; or contain or promote any viruses, Trojan horses, worms, time bombs or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Website, data, personal information, software, equipment, servers or content or facilitate or promote hacking or similar conduct.
We may elect to electronically monitor areas of the Website and may disclose any content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Website; or (iii) to protect our rights or property or the rights of the users, sponsors, providers, licensors, or merchants.
The Website user accepts full responsibility for (i) keeping his or her account password confidential and secured, (ii) restricting access to the user’s computer; and (iii) keeping the e-mail address associated with that account current. The user accepts full responsibility for all activities that occur within such users account. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. Mechsealsonline will not be responsible for any loss or damage arising from your failure to comply with your responsibilities and obligations under these Terms and Conditions. We reserve the right to delete or change any username or password at any time and for any reason. We may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason at all. You are personally liable for any orders that you place or charges that you incur prior to termination.
9.LIMITATION OF LIABILITY
You understand and agree that except as expressly set forth herein, officers, directors, employees, agents, suppliers or any other party involved in creating, producing, transmitting, or distributing the site or related products or services (collectively the Mechsealsonline umbrella) shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:
(i) your use or inability to use the site or our products;
(ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
(iii) unauthorised access to or alteration of your transmissions or data;
(iv) statements or conduct of any third party on the site;
(v) or acts of nature, forces, or causes beyond our reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment or other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning or
(vi) any other matter relating to the site however caused and on any theory of liability (including negligence).
In no event shall our total liability to you for all damages, losses and causes of action whether in contract, tort (including but not limited to, negligence) or otherwise exceed the amount paid by you, if any, to Mechsealsonline, or $35.00 (whichever is greater).
The foregoing limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, our liability in such jurisdiction shall be limited to the maximum extent permitted by law.
By using the Website and any linked web sites, you agree to indemnify Mechsealsonline and hold them harmless from any and all claims and expenses, including (without limitation) attorneys’ fees, arising from your use of the Website and any linked web sites, your use of the products and services, or your submission of ideas and/or related materials to Mechsealsonline, or from any person’s use of any ID, membership or password you maintain with any portion of the Website, regardless of whether such use is authorised by you.
11.COPYRIGHT AND TRADEMARK NOTICE
All content on this website is strictly the copyright of Mechsealsonline. All rights at law and in equity are reserved.
Every manufacturer brand name and product logo which is used on this website is used solely for the purpose of demonstrating compatibility. Such use of trademarks or links to the web sites of vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with any product described on this site. Mechsealsonline expressly acknowledges the trademarks of all other brands listed on this website.
Except as expressly provided, nothing within the Website shall be construed as conferring any license under our or any third party’s intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that all content available through and used to operate the Website and its services is protected by copyright, trademark, patent, or other proprietary rights of Mechsealsonline and its affiliates, licensors, and service providers.
You also agree not to:
(a) reproduce any of the content on this Website at any other place (including on any other website), as the content on this Website is the copyrighted material of Mechsealsonline;
(b) modify, alter, or deface any of the trademarks, service marks, trade dress (collectively Trademarks) or other intellectual property made available by us in connection with the Website;
(c) hold yourself out as in any way sponsored by, affiliated with, or endorsed by us, or any of our affiliates or service providers;
(d) use any of the Trademarks or other content accessible through the Website for any purpose other than the purpose for which we have made it available to you;
(e) defame or disparage us, our Trademarks, or any aspect of the Website; and
(f) adapt, translate, modify, decompile, disassemble, or reverse engineer the Website or any software or programs used in connection with it or its products and services.
Links to the Website without Mechsealsonline’s express written permission are strictly prohibited. The framing, mirroring, scraping or data mining of the Website or any of its content in any form and by any method is expressly prohibited.
You are also advised that Mechsealsonline will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
Mechsealsonline’s Website and all of its materials, including, but not limited to, its software or HTML code, scripts, product association database, text, artwork, photographs, images, video, and audio (collectively, "Materials") are protected by copyright laws and other Australian and international laws and treaties. All Materials are provided by Mechsealsonline as a service to its current and prospective customers and may be used only for personal informational and product ordering purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. No right, title, or interest in our Materials is conveyed to you. This is a limited license, not a transfer of title to our Materials, and such license is subject to the following restrictions:
(a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license, or otherwise exploit this site or any of its Materials without our prior written permission;
(b) you may not access or use the Mechsealsonline Website for any competitive or commercial purpose; and
(c) you will not permit any copying of our Materials.
Any unauthorised copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. Mechsealsonline may revoke this limited license at any time for any or no reason. Mechsealsonline reserves all rights not expressly granted.
12.PLACE OF PERFORMANCE
You understand and agree that Mechsealsonline does business only in Australia. Mechsealsonline does not own or operate any facilities outside of Australia. References to any Mechsealsonline product or service do not constitute an offer to sell or supply that product or service, nor does it mean that the product or service is available in all jurisdictions. Those who choose to access this Website from locations outside Australia do so on their own initiative and are responsible for compliance with all applicable local laws.
This Agreement will be governed by and construed in accordance with the laws of Australia, as it is applied to agreements entered into and performed therein, and excluding (i) the United Nations Convention on Contracts for the International Sale of Goods; (ii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iii) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. Any action brought to enforce this Agreement or matters related to the Website will be brought in either the State or Federal Courts in Townsville, Queensland, and you hereby consent to the jurisdiction and venue in Townsville, Queensland for such purposes.
You also waive the right to personal service of any process upon you and agree that service may be effected by overnight mail (using a commercially recognised service) or by Australia Post with delivery receipt to the address you provided to Mechsealsonline.
Notwithstanding anything contained in this Agreement to the contrary, Mechsealsonline shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce Mechsealsonline’s rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. Any claim or cause of action you have with respect to use of the Website must be commenced within one (1) year after the claim arises.
14.SEVERABILITY, NON-WAIVER AND MERGER
If any provision of these Terms and Conditions is held to be invalid or unenforceable, the provision shall be removed (or interpreted, if possible, in a manner as to be enforceable), and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
These Terms and Conditions set forth the entire understanding and agreement between us with respect to the subject matter contained herein and supersede any other agreement, proposals and communications, written or oral, between Mechsealsonline and you with respect to the subject matter hereof, including any terms and conditions on any of customers documents or purchase orders.
Any additional, different or conflicting terms and conditions on any such document issued by the customer at any time are hereby objected to by Mechsealsonline, and any such document shall be wholly inapplicable to any sale made hereunder and shall not be binding in any way on Mechsealsonline.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mechsealsonline as a result of these Terms and Conditions or your use of the Website.
Our performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained herein is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.
By using this Website, you agree to be bound by these rules and regulations, as they may be modified by Mechsealsonline at any time and posted on this Website. In the event of a violation of these rules and regulations, Mechsealsonline reserves the right to seek all remedies available by law and in equity.