Website Terms and Conditions

1. Terms and Conditions

In these terms and conditions:
The "Company" means Trakmaster Pty Ltd
The "Customer" means the customer referred to overleaf.
"Products" means the goods specified overleaf and/or the goods to which this invoice relates.
"Product Price" means the purchase price of the Products and any costs payable in connection with the delivery of the Products (including but not limited to any delivery and freight charges, insurances and any other charges, duties, taxes, fees or expenses incurred in connection with the purchase or delivery of the Products).

2. Terms of Supply

All products sold or supplied by the Company to the Customer are sold on these terms and conditions. These terms and conditions (which can only be waived in writing by the Company) shall prevail over the terms and conditions of the Customer's order to the extent of any inconsistency.

3. Delivery

Any delivery times made known to the Customer are estimates only. The Company shall not be liable for any late delivery and the Company shall not be liable for any loss, damage or delay occasioned to the Customer or any other persons arising from late delivery.

4. Limitation of Liability

To the fullest extent permitted by law and except as specifically provided in these terms and conditions, all express and implied warranties and conditions under statute or general law as to merchantability, description, quality, suitability or fitness for any purpose or otherwise are expressly excluded. If any warranty cannot be excluded then to the fullest extent permitted by law the Company’s liability shall, with respect to that warranty, be limited at the option of the Company to:
(a) the replacement of the relevant Products or the supply of equivalent Products; or
(b) the cost of replacing the relevant Products or acquiring equivalent Products.
To the fullest extent permitted by law the Company shall not be responsible or liable for any special, indirect or consequential loss or damage.

5. Waiver

Failure or neglect by the Company to enforce any of these terms and conditions shall not be construed as a waiver of the Company’s right or affect the Company’s right to take any subsequent action.

6. Entire Agreement

These terms and conditions supersede and replace any arrangements, representations, understandings or agreements made or existing between the Customer and the Company and (except as otherwise may be agreed in writing) constitute the entire agreement relating to the supply of the Products.

7. Governing Law

These terms and conditions shall be construed in accordance with the laws of Victoria, Australia