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Dec 11
Last Updated on 08 December 2011

Terms & Conditions | Sure Glide Quality Treadmill Lubricant

 

Terms and Conditions
Sure Glide Pty Ltd
PO Box 185
Rutherford, NSW, 2320

 

These terms and conditions were last updated on 24 November 2011
1    Terms of this agreement
1.1    The terms of this agreement cannot be amended, reduced or modified and shall prevail against any contradictory term contained in any other document.
1.2    Sure Glide may amend these terms at any time at its sole discretion.  Any such amendments shall be posted to Sure Glide’s website and shall take effect from the time of posting.  You will receive no notification of any such amendments.

2    Acceptance
2.1    Your use of the Sure Glide Online Payment Facility constitutes acceptance by you of these Terms and Conditions.  You are strictly prohibited from using the Sure Glide Online Payment Facility unless you agree to be bound by these Terms and Conditions.

3    Payments
3.1    Unless otherwise agreed to by Sure Glide in writing all amounts payable hereunder shall be made prior to shipment of goods.
3.2    It is your responsibility to have sufficient cleared funds available in your account at the time of your transaction to permit the debiting of the authorised amount.
3.3    If you change your account and want to continue making online payments, it is your responsibility to inform us of these changes.
3.4    You will bear the cost of all third party fees when making any payment using the Sure Glide Online Payment Facility.
3.5    Once your payment has been successfully processed we will issue you with an invoice to your nominated email address. This is your record of payment.
3.6    You agree to deliver written notice of any error in any invoice to Sure Glide within three (3) days of the date of the invoice. The invoice shall be deemed to be correct and accepted as rendered, unless Sure Glide receives your written notice to the contrary within the above time period.

4    Delivery
4.1    Sure Glide will endeavour to dispatch goods to you within two working days of receipt of cleared funds.
4.2    Sure Glide will arrange delivery of goods to you by Australia Post at your expense.  You may nominate Express Post delivery for an additional fee.
4.3    Sure Glide shall not be liable for any miss-delivery, delay or non-delivery (whether any specific time for delivery has been agreed or not).
4.4    Sure Glide shall not be liable for any loss of or damage to or deterioration in or contamination of goods while the goods are in the possession, custody or control of a third party.

5    Title and risk
5.1    Title and the risk shall pass from Sure Glide to you when the goods are placed in the possession of the carrier for shipment to you.

6    Acceptance of Goods
6.1    You shall inspect or test all goods upon receipt.
6.2    You must advise Sure Glide immediately if the goods are found to be faulty.
6.3    You shall be deemed to have accepted the goods within three (3) days from the date of initial shipment, unless written notice is received by Sure Glide within such period. In any case, the goods will be deemed accepted on the date when used or otherwise placed in commercial operation.

7    Warranty
7.1    Sure Glide warrants that title to the goods shall be free from any encumbrance, and will conform to the description contained on the invoice.
7.2    Sure Glide warrants that the goods are fit for the purpose described on its website when used as directed.
7.3    You shall indemnify Sure Glide (including its Directors, officers, employers, agents, associates, assigns and representatives) from any and all claims arising out of using the goods in a manner other than that proscribed by Sure Glide.
7.4    Sure Glide shall be discharged from any and all liability unless notice of any alleged loss or damage is given to Sure Glide immediately or (if lawful damage is not immediately apparent) within seven (7) days of the date of delivery of the goods or the date upon which the goods should have been delivered (whichever occurs first).
7.5    To the extent permitted by law, Sure Glide hereby excludes all other liabilities, warranties, guarantees, conditions and/or representations in respect of the goods and /or any characteristics of the goods.

8    Returns
8.1    Returned goods will only be accepted if Sure Glide has given prior written consent.
8.2    Sure Glide only accepts returned goods in the case of manufacturing fault.  Sure Glide will not accept returned goods simply because you no longer want them.
8.3    Upon receipt of returned goods, Sure Glide will inspect them to verify that the goods are faulty.  If the goods are verified by Sure Glide as being faulty, Sure Glide will either replace the goods or provide a refund at its sole discretion.
8.4    Handling, inspection, restocking and invoicing charges also may be assessed against you. All returns must be shipped at your expense and must be in excellent resale condition.
8.5    You may be liable to pay Sure Glide reasonable handling and processing charges for goods returned contrary to the terms of this agreement.

9    Delay or Nonperformance
9.1    Sure Glide shall not be liable for failure or delay in performance due to causes beyond the reasonable control of Sure Glide. This specifically includes delays or inabilities to obtain product because of the actions of a supplier to Sure Glide.
9.2    In the event that Sure Glide is unable to supply the goods, we will refund your payment in full, with no further obligation to Sure Glide.

10    Cancellation and defaults
10.1    Upon receipt of written notice from you, Sure Glide shall cancel any orders as instructed subject to Sure Glide (or its subcontractors) rights to continue processing and or delivering material to the point at which processing or delivery can be halted with the least disruption and cost to Sure Glide.  You shall be responsible for all costs associated with the cancellation and the completion of the processing and or delivery of the goods.
10.2    In the event of your refusal to accept a shipment or other default, Sure Glide, at its discretion and option shall be entitled to retain all monies paid by you as liquidated damages.

11    Applicable Law
11.1    The terms of this agreement shall be governed by the applicable laws of New South Wales and you accept the exclusive jurisdiction of the Courts of the State of New South Wales.
11.2    The Sure Glide website may be accessed throughout Australian and overseas. Sure Glide makes no representation that its products and services comply with the laws (including intellectual property laws) of any country outside Australia. If you access or use this site from outside Australia you are responsible for ensuring compliance with all applicable laws in your jurisdiction.

12    Severability
12.1    These conditions are to be so construed as not to infringe any State or Commonwealth Legislation, and if necessary they shall be read down to such extent necessary to ensure they do not infringe.
12.2    In the event that any condition cannot be read down so as not to infringe it shall be deemed to be void and severable and the balance of this agreement shall remain enforceable as if that term or terms did not exist.

13    Goods and Services Tax (GST)
13.1    Goods and services supplied by Sure Glide are subject to GST in accordance with the New Tax System (Goods and Services Tax) Act 1999 and/or as amended.
13.2    All prices stated on Sure Glide’s website include GST.

14    Privacy and Information provided by you
14.1    Where Sure Glide receives, collects, or handles Personal Information as defined by the Privacy Act 1988 (Cth), during the processing and administration of your account, Sure Glide shall ensure that all reasonable steps are taken to mitigate any unauthorised or unlawful processing or disclosure of your Personal Information.
14.2    If you wish to use our Online Payment Facility, you warrant that any information provided by you is complete and accurate in every respect. You shall not at any time provide us with information which is false, inaccurate, misleading, obsolete or deceptive. If we have reasonable grounds to believe that you have not provided us with accurate information, we may choose not to proceed with the processing of your order.

15    Security
15.1    Sure Glide wants to ensure that you can transact with complete confidence online. We have taken measures to provide you with security and confidence in your dealings with us.
15.2    Sure Glide has a secure transaction environment for commerce on the Internet. Our online transaction system uses Secure Sockets Layer (SSL) technology to ensure your online experience is safe, sound and secure.

16    Intellectual Property Rights
16.1    Sure Glide is a registered trademark and must not be used by any person for any purpose without the express written permission of a Director of Sure Glide Pty Ltd.