Please also read the Conditions of Use of this web site (the "Web Site").
General
These Terms and Conditions apply to the sale of goods by Mozx ("Vendor") Wilarno Pty. Ltd.) and all offers made by the Vendor in relation to the Vendor's goods unless varied, amended or cancelled by an Officer or other duly authorised representative of the Vendor in writing.
The Buyer of goods from the Vendor is deemed to have accepted the terms and conditions contained herein by placing an order with the Vendor.
The Vendor's failure to object to any term or condition contained in any communication, whether written or oral, from the Buyer, shall not mean those conditions/terms are accepted.
Web Page
Information on this web page is presented in good faith is supplied upon the condition that the persons receiving same will make their own determination as to its suitability for their purposes prior to use. Mozx makes no representations or warranties as to the completeness or accuracy of the information. In no event will Mozx be responsible for damages of any nature whatsoever resulting from the use of or reliance upon information from this site or the products to which the information refers.
Pricing Policy
All prices quoted, verbally, written, or from this web site are inclusive of GST and are ex warehouse, unless explicitly stated otherwise.
The purchase price for the goods shall be at the Vendor's List prices as at the date of order. Prices are subject to change without notice. For all prices, products and offers, the Vendor reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.
Any errors on the invoice or in delivery must be notified to the Vendor within seven (7) days of invoice. No credits for overcharges or returned stock shall be accepted outside these terms.
Product Information Disclaimer
While the Vendor uses reasonable efforts to include accurate and up-to-date information on its Web Site, the Vendor makes no warranties or representations as to the Web Site's accuracy. The Vendor assumes no liability or responsibility for any errors or omissions in the content on the Web Site.
The Vendor does not guarantee product compatibility.
Acceptance of Orders
Orders are not binding upon the Vendor until accepted by the Vendor. An order may be rejected by the Vendor at its discretion.
Payment
All payments are strictly "Cash Before Delivery", either by direct deposit to a specified Mozx bank account or approved credit card payment online payment system, unless otherwise arranged and agreed in writing.
Mozx reserves the right to decline any payment that is believed to be fraudulent.
Goods will be delivered only once the payment has cleared into the specified Mozx bank account.
Reservation of Title
It is expressly agreed and declared that the title of the subject goods/product shall not pass to the Buyer until full payment is received by the Vendor and the funds have cleared.
Delivery
Subject to stock availability and in accordance with the payment conditions outlined above, orders shall be dispatched within two (2) business days after the clearance of payment into the specified Mozx bank account.
All freight costs will be borne by the purchaser and are not refundable. These costs may include insurance and any other fees or charges imposed by government agencies or officials.
The Vendor is responsible for any loss or damage to the goods that occurs in transit when the goods are being delivered by Australia Post or Registered Parcel Post service, provided that the Buyer does not accept the damaged goods from the freight carrier. Once the Buyer accepts delivery of the goods from the freight carrier, then the Vendor shall no longer be liable for any damage to the goods that has occurred in transit.
The Buyer is responsible for any loss or damage to the goods that occurs in transit when the goods are being delivered by the Australia Post or Registered Parcel Post services, or by any other means of delivery.
The Vendor shall not be liable for any losses, costs, damages, or other expenses incurred directly or indirectly as the result of the Vendor failing to dispatch the goods in the dispatch timeframe detailed above, or as the result of the freight carrier used for delivery failing to meet any estimated or quoted delivery deadline.
The Vendor must be notified of any change of address of the Buyer prior to the goods being dispatched for delivery. Non arrival or incorrect delivery of goods, and/or the cost of return and/or redelivery of goods, as the result of a failure of the Buyer to notify the Vendor of a change of address, or due to the Buyer providing an incorrect address, are the responsibility of the Buyer.
Payment of any redelivery fee that is imposed by the freight carrier as a result of no authorised person being at the delivery address at the time of delivery to accept the delivery, is the responsibility of the Buyer.
Disclaimer
IN NO EVENT SHALL MOZX BE LIABLE FOR ANY DAMAGES CAUSED BY ANY PRODUCT OR SERVICE OR THE FAILURE OF SUCH PRODUCT OR SERVICE TO PERFORM, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS, LOSS OF USE, OR ANY OTHER SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND REGARDLESS OF THE THEORY OF LIABILITY PURSUANT TO WHICH SUCH DAMAGES MAY BE SOUGHT. MOZX HEREBY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE.
Mozx is not liable for any claim made by a third party or made by you for a third party.
To the fullest extent permitted by law, all other warranties are hereby expressly negated, and Mozx shall not be liable to the Customer in respect of any loss or damage, whether direct, indirect or consequential, arising out of the Customer's purchase, use or non use of the Equipment, including without limitation, any fault in respect thereof (excluding direct loss or damage arising out of Mozx sole neglect). Mozx to the extent permitted by law, shall limit its liability in respect of any warranty or obligation imposed in Division 2 of Part V of the Trade Practices Act, to undertaking any of the actions specified in Section 68A(1)(a) of the said Act.
