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Terms and conditions of use

Terms and conditions of use

1. Return of Goods

See Shipping and Returns

2. Damaged Goods
See Shipping and Returns

3. Contract

These Terms and the items indicated by the Seller's confirmation of order (where the contract arises from an online order by the Buyer) comprise the terms and conditions of each contract for the sale of Goods between the Seller and the Buyer.
Except to the extent expressly set out in these Terms or in a document issued by the Seller, all Representations whether express or implied by law, trade custom or otherwise are expressly excluded to the fullest extent permitted by law.
No agent or representative of the Seller is authorized to make any Representations, not expressly set out in these Terms or in product literature issued by the Seller and to the fullest extent permitted by law the Seller is not in any way bound by any such unauthorized statements nor can any such statement be taken to form part of a contract with the Seller's collateral to the main contract.

4. Consumers Guarantees Act

The Buyer acknowledges that when the Goods are being purchased for resale or for business purposes, the terms and guarantees under the Consumer Guarantees Act will not apply.
The Buyer acknowledges that the Seller does not provide any express guarantees (as defined in the Consumer Guarantees Act 1993) other than those expressly confirmed by the Seller in writing.

5. Liability

Where not inconsistent with any rights the Buyer may have under the Consumer Guarantees Act 1993 and to the fullest extent permitted by law:

The liability of the Seller, whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect or non compliance of the Goods supplied, is limited to the replacement or repair of such Goods or damages not exceeding the invoice value of such defective or noncomplying Goods at the option of the Seller.
The Seller may, at its discretion, delay the repair or replacement of, or refund in relation to any Goods for so long as the Buyer is in default in relation to the Amount Owing.
It is expressly agreed that the Seller shall not be liable for any loss of profits, indirect or special loss, damage or injury of any kind whatsoever suffered by the Buyer either directly or indirectly from any contravention of the Seller's obligations arising under or in connection with the contract or from any cancellation of the contract or from any negligence on the part of the Seller, its servants or agents nor shall the Seller be liable for any loss, damage or injury caused by the Buyer's servants, agents, customers, visitors, tenants, trespassers or other persons whomsoever. The Buyer shall indemnify the Seller against any claim by any of the foregoing persons in respect of loss, damage, or injury arising aforesaid.
No claim for damages or otherwise in respect of defect or nonconformity of the goods or otherwise shall be effective or enforceable unless written notice thereof is given to the Seller within 7 days of delivery of the goods as defined in Clause 2.
All claims and requests for replacement must be made within 7 days of delivery.

6. Description

Specifications, dimensions and descriptions contained or referred to in the contract or in any brochure or other publications maintained or issued by the Seller are estimates only and it is not a condition of the contract that the Goods shall correspond precisely with such specifications, dimensions and descriptions given and customary tolerances or in the absence of customary tolerances, reasonable tolerances shall be allowed.

7. Copyright

Any technical information, knowledge or processing methods at any time transmitted in any way by the Seller to the Buyer shall remain the property of the Seller and shall be considered absolutely confidential by the Buyer which shall not use them for any purpose nor sell, transfer or divulge them in any manner to anyone without prior written consent of the Seller and the Buyer shall indemnify and keep the Seller indemnified against all costs, damages and claims arising from the Buyer's failure to comply with the requirements of this clause.

8. Waiver

All the original rights, powers and exemptions and remedies of the Seller shall remain in full force notwithstanding any neglect forbearance or delay in the enforcement thereof. The Seller shall not be deemed to have waived any condition unless such waiver shall be in writing under the signature of the manager of the Seller and any such waiver unless the contrary shall be expressly stated, shall apply to and operate only in the particular transaction, dealing or matter.

9. Interpretation

This contract is entered into on behalf of and intended to bind and enure to the benefit of the Seller and the Seller's successors and assigns. The provisions of these Terms, including this one shall be given a large and liberal interpretation in favour of the Seller and so that the Contra Proferentem Rule shall not in any case apply against or to the disadvantage of the Seller.

10. Errors

Seller reserves the right to refuse supply of any order generated due to pricing errors, network problems, hacking, supplier errors, etc.

11. Definitions

In these Terms:

Buyer means the person, firm, company or corporate entity to whom a quotation is submitted or with whom the Seller enters into a contract.

Goods means all goods supplied from time to time by the Seller to the Buyer, in any one or more of the relevant order form, packing slip or invoice (or its equivalent, whatever called) prepared by the Seller and relating to those goods, on the basis that each such order form, packing slip or invoice (or its equivalent) is deemed to be assented to by the Buyer, incorporated in, and form part of, these Terms, and (unless the context requires otherwise) includes all proceeds of such Goods and any product or mass which the Goods subsequently become part of.

Representations means warranties, descriptions, representations or conditions as to merchantability, fitness, suitability, tolerances to any conditions or otherwise (whether of a like nature or not);

Seller means Permathene Limited and its successors and assigns.

12. Trademark Information

Permathene, Aki, Al-Ten, Dampstop, Permatex, Nikoflex, Noweed, Permaliner, Solarshade, Syntex, Trithene, Vulcanseal, Epidem, Epinol, Vercan, Windstop, Mudstop, Permaclip, eeek! are trademarks or registered trademarks of Permathene Ltd. Trademarks may be used publicly with permission only from Permathene Ltd. Landlok, Pavedry, Pyramat are trademarks or registered trademarks of SI Corporation. Liquid Boot is a trademark or registered trademark of LBI Technologies; Inc.

13. Disclaimer

The information presented herein, while not guaranteed, is to the best of our knowledge true and accurate. Except when agreed to in working conditions of use, no warranty expressed or implied is made regarding the performance of any product, since the manner of use and handling is beyond our control. Permathene and its suppliers do not warrant the accuracy of the information, graphics, links or other items contained within this website. Permathene may make changes to this website, or to the products described therein, at any time without notice. Further, Permathene makes no commitment to update the information.

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