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Terms & Conditions

NiTeK Pty Ltd
(c) 2008

Data and information is provided for informational purposes only, and is not intended for any other commercial or non-commercial purposes. Neither us nor any of our data or content providers shall be liable for any errors or delays in the content, or for any actions taken in reliance thereon. By accessing our web site, a user agrees not to redistribute the information found therein. We provide customized links to select companies for your convenience only. We do not endorse or recommend the services of any company. The company you select is solely responsible for its services to you, the user. We shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of our services.

Terms and Conditions

1. Notwithstanding delivery of the goods to the purchaser, until the purchaser has effected full payment for the goods and any other goods previously supplied by NiTeK, the legal title to the goods remains with NiTeK.

2. Payment is required at time of service. Where services are provided remotely, payment is due within 7 days.

3. Where NiTeK provides goods from another supplier that are covered by warranties or guarantees by that other supplier, NiTeK, at its sole discretion, may endeavour to have that other supplier honour those warranties or guarantees..

4. NiTeK does not manufacture hardware products or compile programs for the software we supply. However NiTeK will provide any current information, on request, which is available from our suppliers.

5. NiTeK customers are advised that their images in file format are easily copied, and may be easily manipulated. Customers must ensure the security of their file(s) by keeping them in a safe place once they have been transferred to their own computer system. NiTeK does not retain any copies of customers’ files without their written consent.

6. Nothing in these terms and conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Trade Practices Act 1974 and any similar applicable legislation) and which by law cannot be excluded, restricted or modified.

7. NiTeK does not and cannot warrant or represent that any files and software supplied to the purchaser are error or virus free and the purchaser should ensure that the purchaser’s computers and systems are error and virus free and are protected by appropriate up-to-date virus protection software. NiTeK cannot accept liability and is not responsible for any loss or damage the purchaser may experience as a result of receiving any files or software including any loss or damage relating to any computer and/or software problem.

8. The law implies terms, conditions and warranties (“prescribed terms”) into contracts for the supply of goods and services and prohibits the exclusion, restriction or modification of certain terms, conditions and warranties. Some prescribed terms permit a supplier to limit its liability for a breach of the prescribed terms. Except as provided by prescribed terms:

a. the liability of NiTeK in respect of a breach of a prescribed term relating to the goods or services or any part of the goods or services is limited at the option of NiTeK to the replacement or re-supply of the goods or services or part thereof or payment of the cost of replacing or re-supplying the goods or services or any part of the goods or services;

b. in these terms and conditions the purchaser does not have under any circumstances any cause of action against or right to claim or recover from NiTeK for, or in respect of, any loss or damage of any kind whatsoever, caused directly or indirectly by:

i. any defect in material or workmanship of, or any other defect whatsoever in, or unsuitability for, any purpose of the goods or services or any part of the goods or services; or

ii. any default or negligence on the part of NiTeK or of any employee, contractor or agent of NiTeK or of any person for whom NiTeK has legal responsibility relating to the supply of, or otherwise concerning the goods or services or any part of the goods or services.

9. The goods and services supplied by NiTeK to the purchaser are supplied subject to these terms and conditions (which shall only be waived in writing signed by NiTeK) and these terms and conditions shall prevail over all conditions of the purchaser’s order to the extent of any inconsistency.