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Disclaimer
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.
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