Terms and Conditions

Attention visitors to this site: Please take a few moments to read these terms and conditions prior to ordering any goods from this website. These terms and conditions govern the use of this website and the purchase of any goods from it. Should you have any questions or wish to clarify the meaning of any of these terms and conditions, please contact Nuquoll prior to ordering any goods from this website.

ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS AND CONDITIONS

The Nuquoll website is owned and operated by Nuquoll Pty Ltd (ACN 111 177 292) ("Nuquoll"). By accessing, browsing or using this Website, you agree to these terms, conditions and disclaimers as amended from time to time ("Terms and Conditions") and acknowledge that you have read and understood these Terms and Conditions. By purchasing an item from this Website and/or by completing the registration process to become a reseller member of Nuquoll ("Member"), you expressly agree to be bound by these Terms and Conditions.

AMENDMENTS TO TERMS AND CONDITIONS

Nuquoll may amend these Terms and Conditions from time to time. Any amendment will be effective immediately upon being posted on this Website. Your continued use of this Website after any amendment becomes effective constitutes an agreement by you to abide and be bound by these Terms and Conditions, as so amended.

USER AND OTHER INFORMATION PROVIDED BY YOU

You agree to:

- provide certain current, complete, and accurate information about yourself as prompted to do so by this Website; and
- maintain and update this information as required to keep it current, complete and accurate.

All information provided by you when you sign up to become a Member or which you provide when placing an order is referred to in these Terms and Conditions as "User Information". You grant to Nuquoll the right to disclose to third parties certain aspects of your User Information, provided that such disclosures do not include your name, mailing address, email address, account number or phone number, unless you expressly direct Nuquoll to disclose such information. Any order placed by you with this Website must contain your name, email address, mailing address, credit card number and the expiry date of your credit card so that Nuquoll can process your order.

When you provide any User Information you are representing and warranting that all of the information provided is true and correct and are agreeing to indemnify Nuquoll for any losses, costs expenses or damages that Nuquoll may suffer if any of this information is not correct. You must not transmit or attempt to transmit any material of any kind to this Website which contains a virus, malicious computer code or other harmful component or otherwise attempt to alter any of the content on this Website.

If any User Information provided by you is incomplete or inaccurate or you attempt to transmit any material of any kind to this Website which contains a virus, malicious computer code or another harmful component or you otherwise attempt to alter any of the content of this Website, or you are otherwise in breach of these Terms and Conditions, Nuquoll retains the right to terminate your rights to purchase products or services from this Website and to prosecute you to the fullest extent of the law.

You acknowledge and consent to the disclosure by Nuquoll to any law enforcement agency in any jurisdiction that is investigating any breach or suspected breach of any law in any jurisdiction of your identity or other information provided by you to this Website, upon being requested to do so by that law enforcement agency.

DISCLAIMER

The information contained on this Website is provided by Nuquoll in good faith on an "as is" basis. The information is believed to be accurate and current at the date the information was placed on this Website. None of Nuquoll , its related bodies corporate, any of their directors, officers or employees makes any representation or warranty as to the reliability, accuracy or completeness of the information contained on this Website (including in relation to any products or services) and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained on this Website.

To the fullest extent permitted by applicable law, Nuquoll disclaims all representations and warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Nuquoll makes no warranty that the Website or any products or services advertised on the Website will meet your requirements, or that the Website will be uninterrupted, timely, secure or error free.

You expressly acknowledge and agree that Nuquoll does not control other users of this Website or the suppliers of goods and services purchased from this Website and Nuquoll is therefore not liable for their opinions or their behaviour, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part. No advice or information, whether oral or written, obtained by you from or through this Website creates any warranty not expressly made in these Terms and Conditions.
Information on this Website relating to products and services has been prepared in accordance with Australian law for the supply of goods and services in Australia only. This information may not satisfy the laws of any other country. To the extent that it does not satisfy the laws of the country in which you reside or from which you are accessing this Website, it is not directed at you and cannot be relied upon by you and you are unable to order any goods from this Website. If you do, you agree to indemnify Nuquoll for any losses, costs, expenses or damages Nuquoll may suffer as a consequence.

LIMITATION OF LIABILITY

Nuquoll will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from your use or your inability to use this Website or for the cost of procurement of substitute products or services or resulting from any products or services purchased or obtained or messages received or transactions entered into through this Website or resulting from unauthorised access to or alteration of your transmissions or data or of any information contained on this Website, including but not limited to, damages for loss of profits, use, data or other intangible, even if Nuquoll has been advised of the possibility of such damages.

Where any Act of Parliament implies in these Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in these Terms and Conditions, however, the liability of Nuquoll for any breach of such term, condition or warranty shall be limited, at the option of Nuquoll, to any one or more of the following:

if the breach relates to goods:

- the replacement of the goods or supply of equivalent goods;
- the repair of such goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; and

if the breach to services:

- the supplying of the services again; or
- the payment of the cost of having the services supplied again.

ORDERING GOODS

Any order placed by you in the manner described in this Website is an offer by you to purchase a particular product or service for the price (including the delivery and other charges) specified in this Website at the time you place your order. Nuquoll reserves the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this Website, or an error in your order. There may be reasons why Nuquoll cannot fulfil your order. Therefore, your contract with Nuquoll only comes into existence when Nuquoll advises you that it has accepted your order and receipt of your payment has been confirmed.

Prices of products and services and delivery and other charges displayed on this Website are current at the time of issue, but may change at any time and are subject to availability.
The availability of products and services may change from time to time. Nuquoll will retain title to the products you order until you have made payment in full for those products, but all risk in the products will pass to you on dispatch from the supplier or Service Provider.

Nuquoll is not responsible for damage to any products in transit from its to the mailing address advised by you. You are responsible for any taxes, duties or other liabilities imposed by any governmental agency, including without limitation, any customs duty, goods and services taxes or any value added tax imposed on any products or services acquired or ordered by you from this Website.

DELIVERY

Nuquoll will do its utmost to guarantee a fast and reliable delivery service to customers. Nuquoll have stock warehoused in Victoria and in Queensland to ensure we are able to deliver to you as soon as possible. Nuquoll will freight your order within 48 business hours of receiving it and deliver to customers in Australia within 14 days. For orders outside Australia Nuquoll will use airfreight.

These delivery times are indicative only. Nuquoll will not be liable for any failure to observe these delivery times. You understand and agree that you may not be entitled to withdraw or modify any commitment made for the purchase of products from this Website once that commitment has been made for any reason, including without limitation, due to any delay in delivery.

Nuquoll will not be responsible for orders lost due to incorrect address details

RETURNS

Nuquoll sells only quality-made products. However, products considered defective by the customer will be exchanged for an identical product providing the customer seeks a replacement within 15 days of receipt of the product. For replacements please contact sales@nuquoll.com Products suffering damage through customer installation will not be replaced.

LINKS TO OTHER WEB SITES

This site contains links to Websites maintained by other companies and organisations. Nuquoll does not make any representation as to the accuracy of information contained on those Websites and will not accept any responsibility for the accuracy, ownership or any other aspect of the information contained on those Websites. This Website may also contain third party advertisements (including banner ads and referral buttons) which contain embedded hyperlinks to websites operated by third parties. All third party advertising is paid for by the relevant third party advertisers and the placement of third party advertisements on this Website does not constitute a recommendation or endorsement by Nuquoll of the products or services advertised. The third party advertiser is solely responsible to you for any representations or offers made by it and for the delivery of any goods or services you agree to purchase from any third party website.

COPYRIGHT

Unless otherwise indicated, copyright in the information on this Website is owned by Nuquoll. All rights reserved. You may download a single copy of the information on this Website and, where necessary for its use as a reference, keep a temporary copy in your computer's cache and make a single hard copy of that information. Except as permitted under the Copyright Act 1968 (Cth) or other applicable laws, no part of the information contained on this Website may be otherwise reproduced, adapted, performed in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) without the specific prior written consent of Nuquoll. If you believe that you own the copyright in any work and that work is displayed on this Website without your consent, please contact Nuquoll and your complaint will be investigated. It will assist Nuquoll investigating any complaint if you would provide a description of the copyrighted work that you claim has been infringed upon, your address, telephone number and email address. And please note that before taking any action in response to a complaint by you Nuquoll may require you to provide a Statutory Declaration confirming the information that you have provided in relation to your complaint.

USE OF SITE

This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by Nuquoll.

RELEASE AND INDEMNITY

You hereby waive, release, forgive, discharge and relinquish any and all claims that you now have or may have against Nuquoll, its related bodies corporate, directors, employee, agents and representatives which are connected with, arise out of, relate to or are incidental to any transaction. You hereby agree to indemnify, defend and hold Nuquoll, its related bodies corporate, directors, employees, agents and representatives harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by Nuquoll, its related bodies corporate, directors, employees, agents and representatives arising out of or in connection with the performance of its duties as described in these Terms and Conditions including the legal costs, fees and expenses of defending itself against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding. You further agree to indemnify and hold Nuquoll, its related bodies corporate, directors, employees, agents and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this Website, the violation of these Terms and Conditions by you, or the infringement by you, or other user of this Website using your user ID, of any intellectual property or other right of any person or entity.

APPLICABLE LAW

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of NSW, Australia. You and Nuquoll agree to submit to the exclusive jurisdiction of the courts of the State of NSW. If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Nuquoll's failure to exercise or enforce any rights or provisions of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Nuquoll in writing.

GENERAL

The products and services offered for sale by Nuquoll are only available to individuals who can make legally binding contracts. Any party engaging in illegal activities involving the use of this Website will be subject to civil and criminal prosecution. Nuquoll cannot guarantee that it will notice or be able to prevent any illegal or inappropriate use of this Website, nor can Nuquoll guarantee that it will give notice of any illegal or inappropriate use of this Website. Dated Jan2008 - updated Jan 2008