Policy

Please find below terms of sale, purchase, use of website, our mission statement, privacy and environment policies.

Terms and Conditions, Environment Policy, Mission Statement, Privacy Policy, Terms of Purchase, Terms of Sale

 

Terms and Conditions

Disclaimer of Endorsement

Reference to specific commercial businesses, products, processes, or services by trade name, trademark, manufacturer, or otherwise, on any web site administered by globalsupply.com does not constitute or imply its endorsement, recommendation, or favoring. Recognition of commercial businesses, institutions, and organizations mentioned on any web site administered by globalsupply.com that relate, for example, to our development initiatives and partnerships does not imply endorsement.

We provide links from our web pages to external web sites because they provide information that may interest our customers. This is provided as a convenience only. External links do not constitute an endorsement by globalsupply.com of the opinions, products, or services presented on the external site, or of any sites linked to it. Globalsupply.com is not responsible for the legality or accuracy of information on externally linked sites, or for any costs incurred while using externally linked sites.

Copyright, Restrictions, and Permissions Notice?

  • Generally, materials produced for web sites are in the public domain and may be reproduced without permission. However, not all materials appearing on this website are in the public domain. Some materials have been donated or obtained from individuals or organizations and may be subject to restrictions on use.

  • You may consult our staff for details on specific items. We are aware of donor restrictions applicable to our collections, but we can not confirm copyright status for any item.

  • Please note that because we cannot guarantee the status of specific items, you use materials found in our holdings at your own risk.

  • Images on our web site which are in the public domain may be used without permission. If you use images from our web site, we ask that you credit us as the source. Please note that some images on our site have been obtained from other organizations. Permission to use these images should be obtained directly from those organizations.

  • Links may be made to our web site from other personal and organizational web pages. We request that you link to our site rather than downloading portions of it to another web server, so that our viewers will see our most up-to-date information.

  • Certain individuals depicted may claim rights in their likenesses and images. Use of photographs or other materials found on globalsupply.com's website may be subject to these claims. Anyone who intends to use these materials commercially should contact the individuals depicted or their representatives.

  • It is possible that our site will provide you an opportunity to go to a software manufacturer's web site so you may download a related plug-in that will enable your browser to show you a part of our web site. This prompt occurs because our system can tell whether your browser has the needed capabilities provided by these plug-ins. Our system does not read or place anything on your hard drive when recognizing your browser's capabilities. While the plug-in(s) are needed to view some content, you retain control and choice about conducting the download. At the time that we create and post the web pages that require these software plug-ins for viewing, they are provided by their manufacturer for download and use free of charge. We can not guarentee, however, that the plug-in will remain free, or that the manufacturer will not collect personally identifying information about you when you elect to download the software from their site. If you choose to visit the manufacturer's web site to obtain the plug-in, please carefully review their posted policies for details about personal privacy and use of downloaded plug-ins.

Donor Imposed Restrictions upon Materials in our Holdings

Please note that dissemination of some documents--including images, sound, cartographic, textual, or electronic materials--found in our holdings may be restricted by donor agreement. To purchase a copy of these materials, you must obtain permission from the donor. We have provided a Source and Permissions Contact List for some motion pictures, sound and video which may assist you. If you have questions about this process, please contact us.


Copyright Restrictions upon Materials in our Holdings

Some documents --including images, sound, cartographic, textual, or electronic materials--found in our holdings may be copyrighted. In some instances, globalsupply.com has obtained written permission for use of these materials. For you to obtain permission to use the information, you must contact the copyright owner. We have provided a Source and Permissions Contact List for some materials which may assist you. If you have questions about this process, please contact us.

Copyright law governs the making of photocopies or other reproductions of copyrighted material. This law provides that under certain conditions libraries and archives, such as globalsupply.com's archives are authorized to furnish a photocopy or other reproduction of materials. If you use a photocopy or reproduction for purposes in excess of "fair use," you may be liable for copyright infringement.

Please note: globalsupply.com reserves the right to refuse to supply third party information if, in its judgement, fulfillment of the order would involve violation of copyright law.

Information Surety

We recommend that you acquire information describing the services and products of globalsupply.com directly from our official web sites, because other, uncontrolled sources may not be able to maintain accurate information pertaining to our programs.

We work hard to ensure the information provided to you is accurate and complete. However, it is possible that information may change prior to updating. We welcome your suggestions on how to improve our home page and correct errors.

Please use the information on this web site based on your evaluation and analysis of any risks. It is your responsibility to ensure that the information you use (including software, images, audio files, artwork, and documents) are free of any violations of intellectual property rights. For further discussion on this topic, please read our "copyright, restrictions, and permissions" notice.

Some of the documents on the server may contain live references (or "pointers") to information created and maintained by other organizations. globalsupply.com does not control and cannot guarantee the relevance, timeliness, or accuracy of the outside materials.

Because we do not know how you are using information found on our web site, we do not make any express or implied warranties about the information contained in this web site for your particular use. Except as to segments of this web site specifically identified as authoritative guidance, we disclaim these warranties to the full extent provided by law, including, but not limited to the warranties for merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. All indirect, consequential, implied, punitive and special damages are deemed waived if you use the information on this web site in any manner.

The vast majority of information presented through web sites administered by globalsupply.com are not documents of record (ie. controlled copies). Please note that authenticity of information can be confirmed only by examining the controlled version. If you have questions about the authenticity of a document, please contact the owner of the page that concerns you, or you may contact us.

Virus Protection

We use virus protection software on our computer systems and regularly update the software. This is a computer security measure that, in addition to maintaining our computer systems, also ensures that all files that we develop and/or post on our web servers are virus-free. When you request a file for download from our site, it is possible, though unlikely, that the data may contract a virus and become corrupted before it reaches your computer. globalsupply.com is not responsible for files that may become corrupted as the data travels the Internet.

 

Mission Statement

Globalsupply's mission can be outlined in a few simple goals:

To promote a team spirit, creativity, open communication, and a fun environment.
To continually challenge ourselves to strive for excellence in the successful operation of our business.
To exceed our customer's expectations by utilizing our best assets.
To give superior service, quality, selection, and value.
To accomplish this in a financially responsible manner while setting the industry standards for profitability and operational excellence.

Environment Policy

Our Environment Policy sets out our beliefs about the environment and acts as a key reference point for all globalsupply.com employees and contractors in their day-to-day activities.

We share the desire of the community to deliver products which meets the needs of the present, without compromising the ability of future generations to meet their own needs.

Our activities will be planned and performed so that adverse effects on the environment are either avoided or kept to an acceptable level while meeting all statutory requirements.

Our strategies to implement this Policy are:

  1. Apply a systematic approach to environmental management to achieve and demonstrate continuous improvement.
  2. Delay or stop activities where effective environmental controls are not in place.
  3. Comply with all applicable laws and regulations, strive towards higher standards and apply responsible standards where laws and regulations do not exist.
  4. Seek and demonstrate continuous improvement in all aspects of environmental management including energy use, discharges, emissions and wastes.
    Monitor the effects of our activities on the environment and take action to address effects where necessary.
  5. Openly communicate our environmental performance with our workforce, Government and the wider community.
  6. Promote a positive culture by providing environmental training and awareness programs and encouraging individual involvement with environmental issues.
  7. Assure the effectiveness of our systems through rigorous application, review and improvement processes.
    Application

The Managing Director of globalsupply.com is accountable for ensuring this Policy is implemented.

All globalsupply.com personnel and contractors in all areas of the Company's activities are responsible for applying the Environmental Policy.

 

Privacy Policy

globalsupply.com is committed to helping you make the most of your free time on the Internet within a trusted environment. This privacy policy discloses how we collect, protect, use, and share information gathered about you on our family of Web sites - which includes all the brands you see along the border of this policy. Once you have registered with one of our Web sites, you will have access to all of our family of sites. Thus, this privacy policy is the same for all of globalsupply's sites. We hope that this disclosure will help increase your confidence in our sites and enhance your experience on the Internet.

What types of information are globalsupply's sites collecting, and how are the sites collecting it?

The majority of great products and services on our sites are offered without our collecting any personally identifiable information from you. You can surf our Web sites and view much of our terrific content anonymously. For instance, you can view product catalogues, use engineering and specification tools or catch up on the latest product news without giving out any personally identifiable information.

Information You Provide

There are a few activities on our sites where the collection of personally identifiable information is necessary. Those activities include things like entering a contest or sweepstakes, signing up for a free e-mail account, making a purchase, or contacting us. When personally identifiable information is collected, you will know because you will have to fill out a form. For most activities, we collect only your name, e-mail address, birth date, gender, and zip code. When you make a purchase, we also collect your street and billing addresses, your phone number, and credit card information. Depending on what you purchase, we may also need to collect other personal information, like your clothing size.

Information Collected from You with Technology

globalsupply.com sites collect some information about you using technology, so it may not be readily apparent to you that it is being collected. For instance, when you come to our site your IP address is collected so that we know where to send information you are requesting. An IP address is often associated with the place from which you enter the Internet like your ISP (Internet Service Provider), your company, or your university. This information is not personally identifiable. globalsupply.com sites use information collected through technology to make our sites more interesting and useful to you. This includes helping advertisers on our site design advertisements our Guests might like. We normally don't combine this type of information with personally identifiable information. However, we will combine this information with personally identifiable information to identify a visitor in order to enforce compliance with our house rules or terms of service or to protect our service, site, Guests, or others.

What Are Cookies, and How Does Globalsupply Use Them?

Cookies are pieces of information that a Web site sends to your computer while you are viewing the Web site. These pieces of information allow the Web site to remember important information that will make your use of that site more useful. globalsupply.com and other Internet companies use cookies for a variety of purposes. For instance, we use cookies to remember and process the items in your shopping cart, and all globalsupply.com sites use cookies to make sure purchases are being made from the right places.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Netscape Navigator or Internet Explorer) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won't have access to many globalsupply.com features that make your Web experience more efficient -- like the features mentioned above -- and some of our services will not function properly.

How do you use the personally identifiable information that has been collected?

globalsupply.com uses personally identifiable information in a limited number of ways. We use the information to complete transactions. For instance, if you purchase an AX gasket, we use your information to process your order, or if you contact us for help we will use the information to contact you. We use information collected to notify you if you've won a game or contest. Information we collect is used to send you e-mail updates and newsletters about our sites. We also use the information you provide to send you globalsupply.com e-mail promotions and special offers from our third-party sponsors.

Do you share information with companies or other organizations that are not part of the globalsupply.com family of sites?

One of the most valuable assets of our business is you. We aren't in the business of selling information about our Guests. However, if there is a value for our Guests, we will share your information or send you messages on behalf of another company as described below. We will also share information for security reasons.


Companies That Are "Standing in the Shoes" of globalsupply.com

Sometimes we hire companies to help us deliver products or services, like a shipping company that delivers a package. In those instances, we need to share your information with them. These companies are basically "standing in the shoes" of globalsupply.com, and they are allowed to use the information only to deliver the product or service.

Companies Offering Promotions, Products, or Services


On occasion, we offer promotions -- like sweepstakes or free subscriptions -- in conjunction with a sponsor. We will share your information with the sponsors if they need it to send you a product, such as a magazine subscription. We may share your information with those sponsors so that they can send you other special promotions they offer, but only if you give us your permission to do so, and we will share it only with that specific sponsor. In addition, globalsupply.com occasionally sends e-mail promotions out to our Guests on behalf of third-party sponsors. In this instance, we don't share your name with the third party -- we do the mailing for them. Again, we only send these promotions to you if you've given your permission.

Content Partners

On some of our sites, we provide content that is created by a third-party partner Web site. In some instances the third-party sites will collect information in order to facilitate the transaction or to make the use of their content more productive and efficient. In these circumstances the information collected is shared between globalsupply.com and our third-party sponsors.

Third-Party Advertisers and Network Advertisers

To help increase privacy protections for our Guests, globalsupply.com allows advertising on our sites from only those companies that have their own privacy policy. Once you've clicked on an advertisement and have left globalsupply.com sites, our privacy policy no longer applies. You must read the privacy policy of the advertiser to see how your personal information will be handled on their site.

In addition, many business advertisements are managed and placed on our site by third-party companies. These companies are called "network advertisers." Network advertisers collect non-personally identifiable information when you click on or scan one of their banner advertisements. The information is collected using technology, so you may not realize it's being collected. The network advertisers collect this information so that they can show you ads that are more relevant and interesting to you. If you would like to read more about network advertisers or do not want network advertisers to collect this non-personally identifiable information about you, click here.

Purchase or Sale of Businesses

Online business is still in a very early stage and is changing and evolving rapidly. As globalsupply.com continually looks for ways to improve our business, we may buy or sell a company. If we buy or sell a business, the names collected will likely be transferred as a part of the sale. Information about registrants will be used in the aggregate. However, if we buy a business, we will honor the requests that customers made of that business regarding e-mail communications. In the event that we sell a business, we will do everything in our power to ensure that the e-mail communications requests you made of us are honored.

Organizations That Help Protect the Security and Safety of our Guests and our Sites

We will give out personal information as required by law, for example, to comply with a court order or subpoena; to enforce our Terms of Service, or site or game rules; or to protect the safety and security of Guests and our sites.

What choices do I have about globalsupply.com collecting, using, and sharing my information?

It is possible for you to use much of our site without giving us any personally identifiable information. When you do register with us or give us personally identifiable information, you will have an opportunity -- at the time we collect your information -- to limit e-mail communications from globalsupply.com and from our third-party partners. You can request at any time that globalsupply.com not send future e-mail to you either by unsubscribing from the communication or by contacting us at memberservices@help.go.com. Also, as mentioned above, there are ways to limit the information collected through technology -- though some of our features won't work if you decide to do this.

What type of security does globalsupply.com provide?

The importance of security for all personally identifiable information associated with our Guests is of utmost concern to us. globalsupply.com takes technical, contractual, administrative, and physical security steps to protect all visitors' information. When you provide credit card information, we use secure socket layer (SSL) encryption to protect it. There are some things that you can do to help protect the security of your information as well. For instance, never give out your password, since this is what is used to access all of your account information. Also remember to sign out of your account and close your browser window when you finish surfing the Web, so that other people using the same computer won't have access to your information.

How can I access my account information?

You can access the personally identifiable information you gave us during registration at our member services center. Simply click on this link and then log-in with your member name and password. There are instructions on the start page to help you recover your password if you've forgotten it.

Terms of Purchase

 

1. INTERPRETATION AND APPLICATION
1.1

Interpretation
In these Conditions:

Agreement means the agreement that comes into force when the Supplier accepts these Conditions in the way contemplated by clause 2(a);

Claim means a claim, demand, action or proceeding of any kind;

Conditions means, together, these termans and conditions and any others set out on the front of, or attached to, this Order or;

Delivery Address means the address specified on the order;

Delivery Date means the date for delivery specified on the Order;

Goods and Services means the quantity and type of goods or services described on the Order and any related products or materials;

Government Authority means a government or government department, a governmental, semi-governmental or judicial person or a person (whether autonomous or not) charged with the administration of any applicable law, including any tribunal;

Loss means any loss, damage, cost or expense (including legal costs on a full indemnity basis), however it arises and whether present, unascertained, immediate, future or contingent;

Order means, together, the front of this Order and these Conditions;

Buyer means Globalsupply.Com Pty. Ltd.

Supplier means the supplier of the Goods or Services to the Buyer whose name and address appears on the Order and includes, without limitation, the Supplier's officers, employees and agents; and

Price means the price specified on the order
1.2 Application
Unless the Buyer otherwise agrees in writing, these termans conditions govern and apply to all Goods and Services that the Buyer buys from the Supplier and to the exclusion of any other terms or conditions the Supplier imposes (or tries to impose) in relation to the sale of those Goods either before placement or at the time of acceptance of an Order
2.

ACCEPTANCE AND DELIVERY

(a)

The supplier must accept this Order witin 10 days after it recieves it by:

  1. signing the acceptance of and returning this Order to the Buyer; or
  2. delivering the goods or services to the Buyer in accordance with this Order.
(b) The supplier's acceptance of this Order in the way contemplated in clause 2(a) of these Conditions is treated as being conclusive evidence of the Supplier's acceptance of these Conditions.
(c) The Supplier must deliver the Goods or Services on or before the Delivery Date, to the Delivery Address, or at any other time or place agreed, in writing by the Supplier and the Buyer.
(d) The Delivery Date is of the essence of this agreement. So, if the Supplier does not, for any reason, deliver the Goods by the Delivery Date, the Buyer may cancel this order and hold the Supplier liable for any Loss the Buyer sustains, suffers or incurs arising from or in connection with the Supplier's failure to deliver the Goods by the Delivery Date.
3.

TITLE
Title in and to the Goods passes to the Buyer on delivery.
4. WARRANTIES
(a)

The Supplier warrants to the Buyer that, at the time of delivery the Goods;

  1. are free of defects in materials or workmanship;
  2. correspond to the description the Supplier has given the Buyer;
  3. correspond to any specifications, drawings, or samples the Buyer or the Supplier has specified or given;
  4. are free from any encumbrance or charge other than those notified to and approved by the Buyer;
  5. are of merchantable quality;
  6. are fit for the purpose for which they were ordered.
(b) The warranties in clause 4(a) survive any inspection, delivery, acceptance of, or payment by the Buyer for the Goods or Services.
(c)

Without prejudice to any of the Buyer's other rights against the Supplier arising from any breach of this agreement by the Supplier, if the Buyer in its sole discretion, considers that the Goods are not fit for the purpose or do not meet the specifications, quality or performance standard for which they were ordered, as warranted by the Supplier pursuant to clause 4(a), the Buyer may, in it's discretion:

  1. return the Goods to the Supplier, in which case the Supplier must immediately crtedit or pay to the Buyer the full invoice value of the Goods, including the cost of any freight or delivery charges the Buyer incurs in returning the Goods to the Supplier (and the Buyer may, set off that credit against any moneys then or subsequently due to the Supplier); or
  2. by telling the Supplier by written notice, require the Supplier to repair or replace the Goods, at the supplier's cost by the time specified by the Buyer in that notice
(d) All other terms, conditions and warranties (whether expressed or implied) made by the Supplier are included in the agreement.
5.

OPERATIONS
The Supplier must:

  1. give the Buyer a copy or copies (as required) of any applicable instruction manuals pertaining to the preparation, installation or operation of any of the Goods; and
  2. if required by the Buyer, give the Buyer any help the Buyer reasonably asks for regarding the preparation, installation, operation or adjustment of the Goods.
6.

LICENCES AND OTHER REQUIREMENTS
The Supplier must:

  1. before the Delivery Date, obtain all necessary licences, clearances and other consents necessary for the supply and delivery of the Goods or Services; and
  2. comply with all statutory requirements pertaining to the supply and delivery of the Goods or Services.
7.

COMPLIANCE WITH STATUTORY REQUIREMENTS
The supplier must comply with all statutory requirements pertaining to the supply and delivery of the Goods or Services.
8.

TESTING THE GOODS BEFORE DELIVERY

  1. If the Buyer tells the Supplier by written notice that it requires the Supplier to do so, the Supplier must, at least 14 days before the Delivery Date test the quality and or operation of the Goods (or arrange for the quality and or operation of the Goods to be tested) by or in the presence of the Buyer or any of its nominees
  2. If the Goods do not meet or work in accordance with the Supplier's specifications, the Supplier must remedy the defects within 7 days after the test. If after that time in the Buyer's sole opinion, the Goods still do not work in accordance with the Supplier's specifications, the Buyer may, without penalty, cancel this Order or the agreement (as the case may be) and exercise its rights under this Order or the agreement (as the case may be).
9.

PAYING TAXES
The Supplier must always:

  1. pay, when due, all stamp duties, registration fees and other taxes or duties that any Government Authority levies or charges on or in connection with the agreement or its execution or performance; and
  2. indemnify the Buyer against all Claims that are or may be made against the Buyer arising out of the Supplier's failure, for any reason, to punctually pay any taxes, duties and fees.
10.

INDEMNITY

  1. The Supplier must always indemnify the buyer from and against all Claims or Losses arising from or in conection with the supply and use of the Goods or Services or any of them.
  2. If the Supplier or any of its agents or contractors enters upon any premises to deliver the Goods, the Supplier is liable and must indemnify the Buyer against all Claims and Losses of any kind arising out of or in connection with the delivery of the Goods by the Supplier or any of its agents or contractors (including, without limitation, any injury or damage to anybody or their property).
11.

ENDING THE AGREEMENT
11.1

Either Party

The Buyer or the Supplier may cancel any Order or end the Agreement by giving the other person 7 days' written norice of its intention to do so, if:

  1. the Buyer or the Supplier (as the case may be) breaches any of the terms or conditions of any Order or Agreement and (if it is able to be remedied) does not remedy that breach within 30 days after the Buyer or the Supplier (as the case may be) gives the other person a written notice requiring it to do so; or
  2. the Buyer or the Supplier (as the case may be) is insolvent, dissolved or anybody makes an application for the Buyer or the Supplier (as the case may be) to be wound up or liquidated or for an administrator, the Buyer or the Supplier or any of the Buyer or the Supplier's respective assets and that application is not withdrawn or set aside within 30 days after the date it is made.
11.2

The Buyer
The Buyer may cancel any Order or end the Agreement at any time:

  1. by giving the Supplier 7 days' written notice of its intention to do so, if there is a change in management or the effective control (whether at board level or otherwise), ownership or shareholding of the Supplier which in the Buyer's opinion could or does seriously and adversely affect the Supplier's operation, management or capacity to perform its oblications under any Order or Agreement;
  2. by giving the Supplier 90 days' written notice of its intention to do so but without having to give any reason for its decision; or
  3. without notice, if the Buyer reasonably considers that the Supplier has done anything that brings (or could bring) the Buyer into disrepute.
11.3

Consequence of ending any Order or Agreement
Unless the parties otherwise agree, in writing, the ending of any Order or Agreement for any reasons, does not affect any obligations that:

  1. accrued before the date on which the Order or Agreement ended; or
  2. are intended to survive the end of an agreement.
12.

GENERAL

(a)

The Supplier:

  1. does not, in any way, act as an agent or representative of the Buyer in any dealings which the Supplier has with anybody else; and
  2. has no authority or power to act for or to legally bind the Buyer in any such transaction.
(b)

These conditions may only be varied in writing signed by the Buyer and the Supplier.
(c) No failure or delay on the part of the Buyer in exercising any of its rights under an Order or agreement operates as a waiver of those rights (or any of them).
(d) The Supplier must not (and must not try to) assign or transfer to anybody else any of its rights, duties and obligations under the agreement without the Buyer's prior written consent.
(e) If any provision of the agreement is held invalid, unenforceable or illegal for any reason, the agreement remains in force except for the offending provision which is treated as having been deleted.
(f) This agreement is governed by and construed in accordance with the laws of Western Australia. The parties agree to submit to the jurisdiction of any court of competent jurisdiction of an Australian state or territory or court established under the laws of the Commonwealth of Australia.

 
13.

NOTICES
Notices must be written and are treated as having been given:

  1. if delivered, sent by prepaid ordinary mail, transmitted by telex, facsimile or electronic mail addressed to the parties notified in writing by one party to another; and
  2. when delivered to a party's address or within 3 days after being sent (in the case of pre-paid ordinary mail) or on the next business day after transmission and that party's answerback or transmission report, has been recieved (in the case of telex, facsimile or electronic mail).

 

Terms of Sale

Acceptance

Acceptance of any offer to sell by GLOBALSUPPLY is limited to Purchaser completely and exclusively accepting all terms and conditions hereof ("Terms"). The acknowledgement Sales Agreement constitutes the entire agreement between the parties and takes precedence over and all previous verbal or written arrangements in connection with this Agreement. Any deletions, modifications, alterations of or additions to the Terms, to be binding, shall be in writing and signed by an authorized representative of GLOBALSUPPLY and the Purchaser. Without limiting the foregoing, it is expressly acknowledged that any Purchaser document received is for order identification convenience only. Any and all provisions on the face or reverse side of any purchase order which Purchaser may send to GLOBALSUPPLY in connection herewith are expressly objected to by GLOBALSUPPLY and waived by Purchase and made inapplicable to any such purchase, unless both parties expressly agree in writing to include any such terms and conditions in this Agreement.

Purchaser's acceptance is hereby expressly limited to the Terms, and acceptance of any part of the products covered hereunder shall be deemed to constitute such acceptance. (If this order constitutes an acceptance of an offer, such acceptance is expressly made conditional on Purchaser's assent to the Terms and any additional or different terms contained herein, and acceptance of any part of the products covered hereunder shall be deemed to constitute such assent.) GLOBALSUPPLY may provide the products from its affiliated company, in which event these Terms will apply. Purchaser may not assign this Agreement without the prior written consent of GLOBALSUPPLY.

For any item of GLOBALSUPPLY equipment leased to Purchaser, GLOBALSUPPLY's standard terms and conditons of equipment lease shall apply.

Limited Warranties

GLOBALSUPPLY hereby warrants that all products manufactured by GLOBALSUPPLY are free of defects of material and workmanship for a period of twelve (12) months from the date shipped, providing that the products are used in the service specified and are properly installed, used and maintained and not altered after initial delivery, corrosion and erosion and normal wear and tear excepted. Purchaser shall give written notice to GLOBALSUPPLY of any defects within thirty (30) days of their discovery by Purchaser, within said twelve (12) months period, with a report detailing failure and defects. GLOBALSUPPLY reserves the right to require prepaid return of the allegedly defective product to establish a warranty claim. GLOBALSUPPLY will, at its option, repair any product found defective during the warranty period without charge, replace the product F.O.B. manufacturing facility, or refund the purchase price paid for the products upon return to GLOBALSUPPLY. In case of items or parts not wholly of GLOBALSUPPLY's manufacture, but supplied by GLOBALSUPPLY, GLOBALSUPPLY's liability shall be limited to assisting Purchaser in enforcing the warranty of the manufacturer of the items or parts. GLOBALSUPPLY will not responsible for repairs made by other than GLOBALSUPPLY without prior written consent. This warranty is EXCLUSIVE AND, EXCEPTED AS STATED HEREIN, GLOBALSUPPLY MAKES NO EXPRESS OR IMPLIED WARRANTIES AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE, WHICH EXCEED THE FOREGOING WARRANTY, PURCHASER'S SOLE REMEDY AND GLOBALSUPPLY'S SOLE OBLIGATION ARISING OUT OF OR IN CONNECTION WITH DEFECTS IN MATERIALS, WORKMANSHIP OR SERVICES, WHICH ARE BASED ON WARRANTY, CONTRACT NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL BE THOSE STATED IN THIS SECTION.

The Purchaser acknowledges that any affirmation of fact or promise made by GLOBALSUPPLY shall not be deemed by create an express warranty, that Purchaser is not relying on GLOBALSUPPLY's skill or judgement in selecting or furnishing a system suitable for any particular purpose, and there are no warranties which extend beyond the description on the face hereof.

Liability

GLOBALSUPPLY is not an insurer and insurance, if any, shall be obtained by the Purchaser. The Purchaser acknowledges that it is impracticable and extremely difficult to affix the actual damages, if any, which may proximately result from a failure on the part of GLOBALSUPPLY to perform any of the obligations contained herein, or the failure of the product to operate properly, with resulting loss to the Purchaser, and that the price is established on use of these Terms. The Purchaser agrees that if GLOBALSUPPLY should be found liable for loss or damage due to a failure of service or equipment in any respect whatsoever, GLOBALSUPPLY's liability, whether based on breach of warranty, breach of contract, tort, strict liability or otherwise,shall be limited to its warranty obligation , but in no event shall exceed the purchase price paid. In the event that those products or parts which are defective in either material or workmanship are not wholly of GLOBALSUPPLY's manufacture, GLOBALSUPPLY's liability shall be limited exclusively to the extent of GLOBALSUPPLY's recovery from the manufacturer of such products or parts. The replacement cost or GLOBALSUPPLY's recovery from the manufacturer, as the case may be, shall be the exclusive obligation and liability of GLOBALSUPPLY and the sole remedy of Purchaser.   Further, the provisions of this section shall apply if loss or damage, irrespective of cause or origin, results directly or indirectly to persons or property, from performance or nonperformance of the obligations imposed by this Agreement or from negligence, active or otherwise, of GLOBALSUPPLY be liable for damages arising from delays, loss of use or of profits or for other incidental or consequential damages of any kind, including, by way of example and not limitation, pollution, hydrocarbon spillage or discharge, blowout, seepage, damage to underground reservoirs or any uncontrolled flow of hydrocarbons or other substance.

Subrogation

The Purchaser hereby releases, discharges and agrees to hold GLOBALSUPPLY harmless from any and all claims, liabilities, damages, loss or expenses arising from or caused by any hazard covered by insurance, whether said claim is made by Purchaser, its agents and insurance company, or by any other parties claiming under or through Purchaser. Purchaser agrees to idemnify GLOBALSUPPLY against, defend and hold GLOBALSUPPLY harmless from any liability, loss or damage, including costs or attorney's fees which GLOBALSUPPLY may incur as a result of any action or subrogation which may be brought against GLOBALSUPPLY by an insurer or insurance company, or its agents or assigns.

Price and Payment

All products are priced in U.S. dollars, unless otherwise stated, and will be invoiced upon shipment. Payment shall be against irrevocable Letter of Credit. Interest charges at eighteen percent (18%) per annum (or at maximum lawful rate) will be applicable to delinquent accounts unpaid after due date. Prices quoted are subject to change without notice if not accpeted within thirty (30) days, unless specifically stated otherwise.

Unless otherwise quoted, purchaser will pay, in addition to the purchase price of the products, all charges for export packing and processing, insurance and transportation, and the price of products does not include personnel or equipment required to install the products.

Transportation

Unless othrwise specified in GLOBALSUPPLY's sales quotation, transportation charges, including transportation documents and contracts with carriers, shall be based upon the point of manufacture and shall be paid by Purchaser. All taxes, surcharges, customs duties, consular fees, assessments imposed by any governmental authority, insurance charges and other applicable charges, shall be borne by the Purchaser. Title to and risk of loss for goods sold shall pass to the Purchaser ex-works (INCOTERMS), point of manufacture warehouse, unless otherwise specifically agreed to by GLOBALSUPPLY in writing.

Delivery

Purchaser acknowledges that delivery dates, while given as accurately as conditions permit, are tentative only and, while every effort will be made to make deliveries as scheduled, GLOBALSUPPLY assumes no liability whatsoever for damages arising out of the failure to deliver the goods described herein on the dates stated. Delay in delivery shall not give Purchaser the right to cancel order. Delivery dates may be changed as GLOBALSUPPLY's discretion.

Cancellation or Rescheduling of Orders

Purchaser's orders, once placed and accepted, may be canceled only with GLOBALSUPPLY's consent and upon terms which will save GLOBALSUPPLY from loss.

GLOBALSUPPLY may, but is not obligated to, accept a written request by Purchaser to delay shipment of the products.  If rescheduling is accepted by GLOBALSUPPLY, Purchaser shall pay any additional costs incurred by the delay and the price for the balance of the order shall be adjusted to reflect prices and costs in effect at time of actual shipment.

Taxes, Licences or Other Charges

All taxes or other charges imposed by law on the sale or production of goods or the performance of services under this Agreement, including, but not limited to, those from all governmental authorities, as well as all foreign taxes, surcharges, duties, assessments or charges, if any, shall be borne by the Purchaser, unless the law specifically provides that such payment must be borne by GLOBALSUPPLY. Purchaser shall pay for and hold GLOBALSUPPLY harmless from all such governmental charges.

Purchaser shall, at its own expenses, obtain all licences, permissions or authorizations to use, purchase, export or import the products, as may be required by any governmental authority.

Services

Upon the request of the Purchaser, GLOBALSUPPLY will provide appropriate services and/or technical information, as available, regarding the products and their uses, and will use reasonable efforts to provide personnel to assist the Purchaser in effecting field installations. The Purchaser acknowledges that any such information, service or assistance so provided, whether with or without charge, shall be in an advisory capacity only. The Purchaser further agrees that GLOBALSUPPLY assumes no liability for any damage or loss at any location arising out of, resulting from or caused, in whole or in part, by any information, service, advice or assistance provided by GLOBALSUPPLY, its agents, assigns, employees or subcontractors.

Packaging/Insurance

When obligated to do so in the specifications, GLOBALSUPPLY shall attempt to pack and prepare all shipments in such a manner as to prevent breakage, rust or deterioration in transit. GLOBALSUPPLY does not, however, guarantee against such damage and the risk of any damage to the products in transit shall be borne by the Purchaser at all times.

Unless requested by the Purchaser and agreed to in writing by GLOBALSUPPLY, no shipments are insured by GLOBALSUPPLY against damage or loss in transit and GLOBALSUPPLY assumes no liability whatsoever in regard to the obtaining of such insurance.

Changes and Modifications in Design

GLOBALSUPPLY hereby reserves the right to change or modify the specification and construction of any of its products without incurring any obligations to furnish or install such changes or modifications on products previously or subsequently sold.

Patent Warranties

The Purchaser acknowledges that GLOBALSUPPLY does not warrant that any of the materials, equipment or apparatus sold by it, if used or sold in combination with any other equipment, or used in Purchaser's methods or processes, will not, by virtue of such combination or use, infringe patents of others, and GLOBALSUPPLY shall not be liable for any patent infringement arising from or by reason of any such use or sale. On any item sold by GLOBALSUPPLY, but specified or designed and/or manufactured by others, GLOBALSUPPLY shall endeavor, for protection of Purchaser, to obtain the most advantageous patent guarantee, which shall run directly to Purchaser, with GLOBALSUPPLY's liability limited to rendering to Purchaser reasonable assistance in enforcing such guarantees. Further, GLOBALSUPPLY shall not be liable for the use or sale of any material, equipment or apparatus specially made, in whole or in part, to the Purchaser's design specifications and, in such instances, all patent liabilities shall be borne by the Purchaser. If an injunction is issued enjoining use of products designed by GLOBALSUPPLY, GLOBALSUPPLY, at its own expense, shall either procure for Purchase the right to continue to use such products, design and specify non-infringing products, or design and specify non-infringing products, or design and specify modifications so that the product becomes non-infringing, as GLOBALSUPPLY's sole and limited obligation for patent infringement.

Shortages

Subject to paragraphs 6.1, 11.1 and 11.2, all claims regarding shortage in any shipment must be made within thirty (30) days from the receipt of such shipment, and must be accompanied by the packing list or lists covering the shipment.

Consular Documents and Declarations

The procurement of consular fees for legalizing invoices, stamping Bills of Lading or other such documents and declarations required by the law of any country or destination, are not included in quotations or selling prices. Although it is not GLOBALSUPPLY's policy to make such arrangements, if instructed by the Purchaser and agreed to in writing by GLOBALSUPPLY, GLOBALSUPPLY will make arrangements for any consular documents and declarations needed, as agents of the Purchaser, GLOBALSUPPLY assumes no liability whatsoever as a result of making such arrangements and all costs and liability shall be borne by the Purchaser.

Force Majeure

If the Purchaser or GLOBALSUPPLY is prevented, directly or indirectly, from carrying out the provisions of this Agreement by reason of any act of God, war, revolution, blockade, strike, riot, earthquake, cyclone or flood, or delay by carrier, fuel shortage, embargo, walkout or other labor disturbance, actual or potential, the operation of laws, interference of civil or military authority, or other cause, existing or future, beyond the reasonable control of the party affected, interfering with production or receipt of goods as herein contemplated, the party so prevented or interfered with shall be excused from making or taking deliveries to the extent of such prevention or interference, excluding the obligation to pay monies owed, provided prompt written notive is given to the other party.

Governing Law

The validity, interpretation and performance of this Agreement with respect to goods and services delivered or to be delivered under this Agreement shall be governed by the laws of AUSTRALIA and any dispute arising hereunder shall be, at GLOBALSUPPLY's sole discretion, either be referred to i) the courts of AUSTRALIA, ii) the courts where the Purchaser's business is situated, or iii) arbitration in accordance with the rules of arbitration of the United Nations Commission for International Trade Law (UNCITRAL). Appointing authority is the President of the International Chamber of Commerce.

The invalidity, in whole or in part, of the Terms, or any provision or any part thereof, shall not affect the validity or enforceability of any other terms or provisions.

The right of GLOBALSUPPLY to require strict performance of the Terms shall not be affected by any prior waiver or course of dealing.

Should any governmental law, regulation, ruling and/or policy (including, but not limited to import/export restrictions, license requests, exchange controls or requirements, or any document for certifications or information which may tend to discriminate or favor GLOBALSUPPLY's customers) effectively prohibit or restrict GLOBALSUPPLY or its affiliates from delivering products or services, or restrict GLOBALSUPPLY or its affiliates from receiving remitting currency payments or the equivalent thereof, in full payment for products/services, then GLOBALSUPPLY or its affiliates shall not be liable for any damages. GLOBALSUPPLY shall endeavour to promptly notify Purchaser of any restrictions or prohibitions.

 

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