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AGREEMENT BETWEEN USER AND Graphic Art Mart | Sign Vinyl Supplier
The Graphic Art Mart | Sign Vinyl Supplier Web Site is comprised of various Web pages
operated by Graphic Art Mart | Sign Vinyl Supplier.


The Graphic Art Mart | Sign Vinyl Supplier Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Graphic Art Mart | Sign Vinyl Supplier Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE


Graphic Art Mart | Sign Vinyl Supplier reserves the right to change the terms, conditions, and notices under which the Graphic Art Mart | Sign Vinyl Supplier Web Site is offered, including but not limited to the charges associated with the use of the Graphic Art Mart | Sign Vinyl Supplier Web Site.

LINKS TO THIRD PARTY SITES


The Graphic Art Mart | Sign Vinyl Supplier Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Graphic Art Mart | Sign Vinyl Supplier and Graphic Art Mart | Sign Vinyl Supplier is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Graphic Art Mart | Sign Vinyl Supplier is not responsible for webcasting or any other form of transmission received from any Linked Site. Graphic Art Mart | Sign Vinyl Supplier is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Graphic Art Mart | Sign Vinyl Supplier of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE


As a condition of your use of the Graphic Art Mart | Sign Vinyl Supplier Web Site, you warrant to Graphic Art Mart | Sign Vinyl Supplier that you will not use the Graphic Art Mart | Sign Vinyl Supplier Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Graphic Art Mart | Sign Vinyl Supplier Web Site in any manner which could damage, disable, overburden, or impair the Graphic Art Mart | Sign Vinyl Supplier Web Site or interfere with any other party's use and enjoyment of the Graphic Art Mart | Sign Vinyl Supplier Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Graphic Art Mart | Sign Vinyl Supplier Web Sites.

USE OF COMMUNICATION SERVICES


The Graphic Art Mart | Sign Vinyl Supplier Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

  • Conduct or forward surveys, contests, pyramid schemes or chain letters.

  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

  • Restrict or inhibit any other user from using and enjoying the Communication Services.

  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

  • Violate any applicable laws or regulations.
Graphic Art Mart | Sign Vinyl Supplier has no obligation to monitor the Communication Services. However, Graphic Art Mart | Sign Vinyl Supplier reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Graphic Art Mart | Sign Vinyl Supplier reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Graphic Art Mart | Sign Vinyl Supplier reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Graphic Art Mart | Sign Vinyl Supplier's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Graphic Art Mart | Sign Vinyl Supplier does not control or endorse the content, messages or information found in any Communication Service and, therefore, Graphic Art Mart | Sign Vinyl Supplier specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Graphic Art Mart | Sign Vinyl Supplier spokespersons, and their views do not necessarily reflect those of Graphic Art Mart | Sign Vinyl Supplier.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO Graphic Art Mart | Sign Vinyl Supplier OR POSTED AT ANY Graphic Art Mart | Sign Vinyl Supplier WEB SITE


Graphic Art Mart | Sign Vinyl Supplier does not claim ownership of the materials you provide to Graphic Art Mart | Sign Vinyl Supplier (including feedback and suggestions) or post, upload, input or submit to any Graphic Art Mart | Sign Vinyl Supplier Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Graphic Art Mart | Sign Vinyl Supplier, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Graphic Art Mart | Sign Vinyl Supplier is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Graphic Art Mart | Sign Vinyl Supplier's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER


THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Graphic Art Mart | Sign Vinyl Supplier WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Graphic Art Mart | Sign Vinyl Supplier AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Graphic Art Mart | Sign Vinyl Supplier WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Graphic Art Mart | Sign Vinyl Supplier WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Graphic Art Mart | Sign Vinyl Supplier AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Graphic Art Mart | Sign Vinyl Supplier WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Graphic Art Mart | Sign Vinyl Supplier AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Graphic Art Mart | Sign Vinyl Supplier AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Graphic Art Mart | Sign Vinyl Supplier WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Graphic Art Mart | Sign Vinyl Supplier WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Graphic Art Mart | Sign Vinyl Supplier WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Graphic Art Mart | Sign Vinyl Supplier WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Graphic Art Mart | Sign Vinyl Supplier OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Graphic Art Mart | Sign Vinyl Supplier WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Graphic Art Mart | Sign Vinyl Supplier WEB SITE.

SERVICE CONTACT : websales@gamart.com.au

TERMINATION/ACCESS RESTRICTION


Graphic Art Mart | Sign Vinyl Supplier reserves the right, in its sole discretion, to terminate your access to the Graphic Art Mart | Sign Vinyl Supplier Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the Graphic Art Mart | Sign Vinyl Supplier Web Site. Use of the Graphic Art Mart | Sign Vinyl Supplier Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Graphic Art Mart | Sign Vinyl Supplier as a result of this agreement or use of the Graphic Art Mart | Sign Vinyl Supplier Web Site. Graphic Art Mart | Sign Vinyl Supplier's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Graphic Art Mart | Sign Vinyl Supplier's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Graphic Art Mart | Sign Vinyl Supplier Web Site or information provided to or gathered by Graphic Art Mart | Sign Vinyl Supplier with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Graphic Art Mart | Sign Vinyl Supplier with respect to the Graphic Art Mart | Sign Vinyl Supplier Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Graphic Art Mart | Sign Vinyl Supplier with respect to the Graphic Art Mart | Sign Vinyl Supplier Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:


All contents of the Graphic Art Mart | Sign Vinyl Supplier Web Site are: © Copyright 2018 Graphic Art Mart Pty Ltd and/or its suppliers. All rights reserved.

TRADEMARKS


The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT


Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
STANDARD TERMS AND CONDITIONS OF SALE GRAPHIC ART MART PTY LIMITED 
1. General

(a) All orders are accepted and goods supplied subject to the following express terms and conditions (the Company’s standard conditions of sale) and save to the extent that the exclusion or restriction of liability may be prohibited by statute, all other conditions, warranties and representations whether implied, statutory or otherwise, except as to title, are hereby excluded. Any order placed by a Customer shall constitute an offer to contract upon these express terms and conditions, and no addition or variation whether contained in the Customer’s order or otherwise shall apply unless expressly agreed in writing by the Company’s authorised representative.

(b) In these terms and conditions: ‘Company’ means Graphic Art Mart Pty Limited; ‘Customer’ means the individual, Company or other organisation to whom the Company may agree to supply goods in accordance with the Company’s standard conditions of sale; and ‘Manufacturer’ means the original supplier of goods where the Company is not the original creator.

2. Orders

All orders are subject to the availability of goods and to acceptance by the Company’s authorised representative. All orders must be received in writing, either by fax, mail, website, e-mail or by telephone. All orders will be confirmed by email to the customer and unless notified within 1 hour of the confirmation e-mail being sent, the order shall be deemed as correct, ready to be invoiced and sent.

3. Prices

All merchandise is sold at prices current at the day invoices are rendered. All prices are subject to change without notification, although the Company will publish all correct prices online at www.gamart.com.au.

4. GST

All prices quoted are exclusive of GST, which will be added in the relevant invoice.

5. Risk, Title and Delivery

(a) Risk in the goods passes to the Customer on delivery. Property in the goods remains with the Company until payment in full has been received from the Customer by the Company. If payment in full is not made in accordance with the Company’s standard conditions of sale the Company may require the Customer to return the goods immediately.

(b) All shipments are made at the Customer’s risk and cost, although freight charges are subsidised by the Company. Normal deliveries are charged at cost unless the value of the goods being shipped is in excess of the local freight free order value of $300.00 ex GST. Remote area customers freight free order value is $500.00 ex GST. Special deliveries which include out of area special deliveries (see website), dangerous goods, substrates and machinery can be arranged at the Customer’s cost.

6. Returned Goods

(a) Where goods are rejected by the Customer as not being in accordance with the Customer’s order, the Company will only accept the return of such goods provided that it receives written notice within 5 working days of receipt of the goods by the Customer. If no notice is received the goods shall be deemed to have been accepted by the Customer. Returned goods will not be accepted without a Return Authorisation Number which will be supplied by the Company on receipt of the Customer notice.

(b) Where the Company has supplied goods in accordance with a Customer order, the Company will accept the return of those goods subject to the payment by the Customer of a restocking charge of $50.00 per item or 25% of the value of the goods invoiced (whichever is greater) and the cost of freight both ways. The Customer must quote the invoice numbers that goods were supplied under. The goods must be in the same condition they were dispatched by the company to the Customer. If the Customer complies with these conditions, the Company will provide the Customer with a credit in respect of the goods returned.

7. Defects

(a) The Company will not consider any claim for compensation, indemnity or refund until liability, if any, has been established or agreed with the Manufacturer and where applicable, the Company’s or the Manufacturer’s insurance company.

(b) In the case of defects or faulty workmanship in the goods or any part of the goods supplied by the Company the Customer is not entitled to any greater compensation than the Company receives from the Manufacturer.

8. Customer Default

If: (a) the Customer defaults or commits any breach of any of its obligations to the Company; or

(b) the Customer at any time becomes bankrupt or, if an incorporated body, any resolution or petition to wind up its business is passed or presented otherwise than for reconstruction or amalgamation, or if a liquidator or receiver or manager of such corporate body or its undertaking property or assets or any part thereof is appointed, or if the Customer is insolvent or is unable, or admits its liability, to meet its commitments promptly as and when due, then the Company may (without prejudice to any other claims or rights which the Company might have) immediately cancel any uncompleted order or cancel or suspend delivery. In addition, and notwithstanding any other provisions of the Company’s standard conditions of sale, payments for any delivery already made shall immediately become due.

9. Cancellation of Orders

Requests by a Customer for cancellation of any order or for rescheduling of deliveries will only be considered by the Company if made in writing. The Customer must pay to the Company an amount equal to all costs incurred in the preparation and delivery of the order and its cancellation or rescheduling.

10. Terms of Payment

Unless otherwise agreed in writing, all accounts are payable within 30 days of Statement date. If any account remains outstanding, all credit facilities will be withdrawn until all arrears have been settled. Frequent late payment may result in a complete withdrawal of credit terms from the Customer.

11. Force Majeure

The Company is not liable for the cancellation or partial delivery of any order or part order if performance by the Company is prevented or delayed directly or indirectly by any cause beyond the reasonable control of the Company whether such cause existed or was foreseeable at the date of acceptance of the Customer’s order by the Company or not.

12. Payment

Payment for goods may be by cash, cheque, direct deposit, electronic bank transfer, MasterCard, Visa or American Express, as agreed with the Company.

13. Privacy

The Customer agrees that the Company may disclose a credit report or any personal information derived from it to another credit provider in order to assess the credit worthiness of the Customer, or to assess an application for credit by the Customer or to help the Customer avoid defaulting on credit obligations or to notify a default to the Customer.

14. Statement by Applicant(s) for Credit

(a) Giving information to a Credit Reporting Agency (Section 18E (8) Privacy Act 1988) The supplier has informed me that it may give certain personal information about me to a credit-reporting agency.

(b) Exchanging information with other Credit Providers (Section 18N (1) Privacy Act 1988) I / We agree to the supplier checking personal information about me with any credit provider named in my credit application and with other credit providers that may be named in a credit report issued by a credit reporting agency, for any of the following purposes: To assess my credit worthiness; To assess an application by me for credit, To help me avoid defaulting on my credit obligations; and To notify a default by me. I understand that this information about my credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to give to or receive from each other under the Privacy Act 1988. I agree that the supplier may disclose a credit report or any personal information derived from it to another credit provider, for any of the purposes mentioned above.

(c) Access to Commercial Credit Information (Section 1BL (4)) In order to assess my application for credit, I consent to the supplier obtaining a credit report containing information about my commercial activities and commercial credit worthiness, from a business which provides information about the commercial credit worthiness of persons.

(d) Access to Consumer Credit Information for a Commercial Credit Application (Section WK (1) Privacy Act 1988) I consent to the supplier, in order to assess my application for credit, obtaining from credit reporting agency a credit report about me containing credit information AND I further consent to giving the credit report to the supplier.

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