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Terms and Conditions

 

Changes to Terms & Conditions

Woollybutt Designs, in its absolute discretion, may amend or modify the terms and conditions upon which goods or services are supplied to the Buyer, including these terms. Such modification will bind the Buyer once displayed on Woollybutt Designs's website. 

Woollybutt Designs may cease to provide a Buyer with access to the website or any of its services without notice.

All rights not expressly granted are reserved.

Warranty and Limitations of Liability

Woollybutt Designs warrants that the goods supplied are of merchantable quality and are free from defects in material and workmanship and that Woollybutt Designs shall exercise reasonable care when providing any services.  

Woollybutt Designs warrants that, upon payment in full, it will give the Buyer good title to the goods.  

Woollybutt Designs excludes all conditions and warranties implied by statute, general law or custom except any implied condition or warranty the exclusion of which would contravene any statute (including the Trade Practices Act 1974 (Cth)) or cause any part of this clause to be void (statutory condition).

Woollybutt Designs limits its liability for breach of any express provision of these conditions, warranties or any statutory condition (other than an implied warranty of title), at Woollybutt Designs’s option: if Woollybutt Designs has supplied goods to the Buyer, to the replacement of the goods or the payment of the cost of replacing the goods; and if Woollybutt Designs has supplied services to the Buyer, to the supplying of the services again or the payment of the cost of having the service provided again.

Woollybutt Designs will not be liable for any loss or damage suffered by the Buyer (whether direct, indirect or consequential) arising in any way out of the use or re-supply of the goods and Woollybutt Designs will not be liable for any negligent act or omission of Woollybutt Designs, its officers, employees, contractors or agents, including but not limited to lost profits, costs and damages sustained or incurred as a result of a claim by a third party.  The Buyer acknowledges that any description of the goods given to the Buyer by Woollybutt Designs is intended only for identification, and is not to be construed or relied upon as being a representation or warranty that the goods will conform to that description.

Indemnity

The Buyer must indemnify Woollybutt Designs and its directors, officers, employees and agents, from and against any and all claims, losses, damages, costs, judgments, expenses and liabilities of any kind (including, without limitation, reasonable legal fees) whether for personal injury or property damage, arising out of or in connection with the Buyer’s sale, marketing, distribution or use of the goods, whether in the good’s present form or as processed or combined with other materials into another form, or services.

Intellectual Property

Woollybutt Designs own and reserve all of its Intellectual Property rights, whether or not registered including but not limited to copyright, design, trade mark, business name, domain name and confidential information including know-how and secrets, in any materials which are notified to or provided to the Buyer.  If Woollybutt Designs make available or introduces any of its Intellectual Property to the Buyer then all proprietary rights to that Intellectual Property shall remain the sole property of Woollybutt Designs.

Privacy and Personal Information

Woollybutt Designs are committed to maintaining the Buyer's privacy.  For our full privacy statement, please see our Privacy Policy.

Severance

If any provisions of these conditions is or will be illegal, invalid or unenforceable, then that provision will be severed and the validity and enforceability of the remaining provisions will not be affected.

Force Majeure

Woollybutt Designs will not be liable for any loss caused by its failure or delay to supply the goods or services due to anything outside the reasonable control of Woollybutt Designs including but not limited to Force Majeure Events, which include means acts or omissions of the Buyer, breakdown of plant or machinery, shortage of labour, strikes, lockouts, industrial disputes, fire or arson, storm or tempest, theft, vandalism, riots, civil commotions, terrorist actions, wars, government restrictions, intervention and/or control, transport delays, accidents or embargoes of any kind.

Governing Law

This Agreement is governed by and construed in accordance with the laws of Victoria, Australia and you irrevocably submit to the exclusive jurisdiction of the costs in that State.