Terms and Conditions of trade and website use
· “CPD” shall mean “Ambitor Pty Ltd trading as control panel designs”.
· “The Company” shall mean “Ambitor Pty Ltd trading as control panel designs”.
· “The Customer” shall mean you or any person or entity who conducts business with “CPD” as a customer, or is the original purchaser of any goods sold by “CPD”.
· “Purchased Goods” shall mean any product purchased from “CPD” by “The Customer”.
· “CPD Website” shall mean “Electronic files, information, content, software programs, or any other matter contained in, and accessible via the website with address http://controlpaneldesigns.com”
1. Refund Policy — Once a completed and signed order form is received, and payment has been processed by “CPD”, by any method, a contract is formed. This means “The Customer” has also read and accepted the Terms and Conditions for ordering. Once payment has been processed by “CPD” one or more custom made control panels will be manufactured by “CPD”. As the design of “The Customer’s” control panel is unique, and has been made specifically for “The Customer”, based on “The Customer’s” order, there is no opportunity for return or refund of the Control Panel or any other “Purchased Goods”, other than for a Warranty claim. For any warranty claim regarding goods delivered please refer to the Warranty Policy.
2. “Peace-Of-Mind Offer” – If for any reason the “Customer” requires the design of the control panel fascia to be changed the “Peace-Of-Mind Offer” can be invoked. For the published fee, “CPD” will re-manufacture the control panel fascia to an altered design, and change the number and/or position of tactile switches if required. The Peace-Of-Mind Offer” only applies to re-manufacture of the control panel fascia, and the fitting, moving or removing of tactile switches related to the design change. The “Peace-Of-Mind Offer” does not apply to any other component or any other “Purchased Goods”. The “Peace-Of-Mind Offer” is a billable service provided by “CPD” to re-manufacture the control panel fascia. The “Peace-Of-Mind Offer” does not include any further warranty, stated or implied, on any “Purchased Goods” from “CPD” either before or since the “Peace-Of-Mind Offer” is invoked. For terms and conditions related to Warranty see next paragraph.
3. Warranty Terms and Conditions – The “Company” will review any claim for repair or replacement of purchased goods only within a period of 365 days from the date of shipping. “The Customer” shall be responsible for all costs associated with returning purchased goods to “CPD” for review of a warranty claim. “The Customer” shall be responsible for any costs associated with returning the purchased goods from “CPD” to “The Customer”. If “The Customer” has purchased goods requiring review, contact firstname.lastname@example.org with the details of your purchased goods and a return authorization will be provided. Please include a description of the problem, the address to which the unit should be returned, and a copy of any e-mail correspondence regarding the problem with the “Purchased Goods”. Review of warranty claims and any associated repairs will be conducted at the discretion of “CPD” within a time frame determined by “CPD”. “CPD” warrants that “Purchased Goods” are in good working condition, according to its specifications at the time of shipment, and for a period of 365 days from the date it was purchased from “CPD”. Should the “Purchased Goods”, in “The Company’s” opinion, malfunction within the warranty period, “CPD” will repair or replace the product without charge. Any replaced parts become the property of “CPD”. This warranty does not apply to the software component of any “Purchased Goods” or to a any “Purchased Goods” that have been damaged due to accident, misuse, abuse, improper installation, usage not in accordance with product specifications and instructions, natural or personal disaster or unauthorized alterations, repairs or modifications. All warranties for “Goods Purchased” , expressed or implied, are limited to 365 days from the date of purchase and no warranties, expressed or implied, will apply after that period. All warranties for “Purchased Goods”, expressed or implied, shall extend only to “The Customer”.
4. Liability – The liability of “CPD” in respect of any defective “Purchased Goods” “will be limited to the repair or replacement of such goods. Repair or replacement of “Purchased Goods” will be at the discretion of “CPD”. “CPD” may use new or equivalent parts as replacement parts. “CPD” makes no other representations or warranties as to fitness for purpose, merchantability or otherwise in respect of the “Purchased Goods”. No other representations, warranties or conditions, shall be implied by statute or otherwise. In no event shall “CPD” be responsible or liable for any damages arising (a) from the use of the product; (b) from the loss of use of the product; (c) from the loss of revenue or profit resulting from the use of the product; or (d) as a result of any event, circumstance, action or abuse beyond the control of “CPD” whether such damages be direct, indirect, consequential, special or otherwise and whether such damages are incurred by “The Customer” to whom this warranty extends or a third party.
5. Licensing of Software – All software included with “Purchased Goods” remains the property of “CPD”. ‘The Customer” having procured “Purchased Goods” from “CPD” is licensed to use the software included with the “Purchased Goods’ for the life of the “Purchased Goods”.
6. Use of “CPD Website” – “CPD” may revise these terms and conditions from time to time by updating this information on the “CPD Website” Site. The revised terms will take effect from the time they are published. “The Customer” may be required to register with “CPD” in order to access certain parts of the “CPD Website. Where “The Customer” is required to register: (i) “The Customer” must provide “CPD” with accurate, complete and updated registration information; (ii) “The Customer” must safeguard any user name and password which is used by you; and (iii) “The Customer” authorizes “CPD” to assume that any person using the “CPD Website” with your user name and password is either “The Customer” or is authorized to act for you.
You acknowledge that” CPD” may, in our sole discretion and with or without notice, (i) vary the “CPD Website” or any part of the “CPD Website” for which “The Customer” is required to register; and (ii) modify or discontinue the “CPD Website”, or any part of the “CPD Website” and the services available on it without notice.
“CPD” reserve the right at any time to: (i) charge fees; and (ii) to vary or amend the terms and conditions which cover such fees, for access to or use of all or some parts of the “CPD Website. “The Customer” should review these terms and conditions regularly to ensure you are aware of any changes.
You acknowledge that Content on the “CPD Website” is subject to copyright and possibly other Intellectual Property Rights.
Unless “The Customer” is expressly authorized by law “The Customer” must not yourself, participate in or permit any other person, to: (i) sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the Content in any way for any public or commercial purpose without prior written consent from “CPD”; or (ii) use any Content on any other web site or in a networked computer environment for any purpose; or (iii) reverse engineer any Content consisting of downloadable software; or (iv) otherwise infringe the Intellectual Property Rights of any person in using the “CPD Website” or any Content.
Nothing “The Customer” does on or in relation to the “CPD Website” will transfer any Intellectual Property Rights to “The Customer” or license “The Customer” to exercise any Intellectual Property Rights unless this is expressly stated.
“The Customer” will not use or allow others to use the Service: (i) to post any Content that is misleading or deceptive; (ii) to post any Content that is defamatory, abusive, menacing, threatening, harassing or that incites hatred or discrimination against any group of persons by reference to color, race, sex, origin, nationality or ethnic group or national origins or that denounces religious or political beliefs or that include religious or political material which is or is likely to be offensive or that is illegal under any Applicable Law at any place where transmissions are sent from, viewed or received; (iii) to post any Content that infringes any copyright, trade mark, patent or other Intellectual Property Right of any person; (iv) to transmit any unsolicited mail, advertising material or any other material of an offensive, obscene, vulgar, pornographic or indecent nature or otherwise contrary to law or an applicable code of conduct; (v) to post any Content or transmit anything which contains any viruses or similar software or data which is designed to interrupt, destroy or limit the functionality of any computer software or hardware; (vi) to copy or distribute material where “The Customer” has no right to do so (for example, someone else’ s copyrighted works or confidential information); (vii) to post any Content that contains any unsolicited or unauthorized advertising or promotional material; (viii) to post any Content that impersonates any person or misrepresent your relationship with any person (ix) to collect or store personal data about other users of the Site; (x) to commit a crime or in the course of committing a crime or for an unlawful purpose; and (xi) to engage in any activities in such a manner as to expose “CPD” or any other supplier of content on the “CPD Website” to liability.
You must not: (i) disrupt or interfere with the “CPD Website” or servers or other software, hardware or equipment connected to or via the Site; (ii) violate any Applicable Law relating to your use of the Site; or (iii) collect or store personal data about other users of the Site.
You warrant to us that you the “The Customer” has the authority to place all content on the “CPD Website” that is placed by you “The Customer” on the Site.
You will indemnify us against all costs, losses, damages, liabilities and expenses (including all reasonable legal costs, fees and expenses) incurred or suffered by “CPD” as a result of your use of the “CPD Website” or, your breach of these Terms and Conditions.
You agree that you “The Customer” will not use any device to interfere or attempt to interfere with the proper working of the “CPD Website” or transactions being conducted on the Site. You “The Customer” agree that you “The Customer” will not take or impose unreasonably or disproportionably large load on the “CPD Website” infrastructure.
As a condition of your use of the “CPD Website”, You “The Customer” will comply with all Applicable Laws, statues, ordinates regarding your use of the “CPD Website” and related activities. In addition you “The Customer” will not use the “CPD Website” in any way prohibited by these Terms and Conditions.
The Use of the “CPD Website” Is At Your Risk. You “The Customer” use the “CPD Website” at your risk. “The Customer” must evaluate, and bear all risks associated with, the use of any Content, including reliance on the accuracy, completeness or usefulness of any Content. In particular, where information relating to companies, investments or securities is provided on or via the Site, such information is provided for information purposes only. You “The Customer” should seek your own independent advice with respect to any Content.
“CPD” aim to provide a convenient and functional Site, but ”CPD” do not guarantee that the Content will be error free or that the “CPD Website” or the server that operates it are free of viruses or other harmful components.
Although “CPD” will use reasonable effort to maintain the Content, “CPD” do not undertake to provide support or maintenance services for the Content. “CPD” urge “The Customer” to keep backup copies of Content “The Customer” Post to, maintain on or use with the Site.
If your use of the “CPD Website” results in the need for servicing or replacing property, material, equipment or data, “CPD” will not be responsible for such costs.
“CPD” endeavors to maintain the “CPD Website” for 24 hour access, but will not be responsible for any loss of any kind if the “CPD Website” is not available.
Without limiting the above provisions, everything on the “CPD Website” is provided to “The Customer” “as is” and “as available” without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. “CPD” exclude all representations and warranties to the fullest extent permissible under any Applicable Law.
You “The Customer” hereby agree that “CPD” are not liable for any direct, indirect consequential or other damage or loss arising out of or in any way in relation to your use of the “CPD Website” or the Content or with the delay or inability to use the “CPD Website” or any information or services obtained through the “CPD Website” or otherwise arising out of or related to the “CPD Website”. To the extent permitted by law our aggregate liability to you, whether for breach of these terms or in negligence or in any other tort or for any other common law or statutory cause of action arising in relation to these terms, the “CPD Website” or the Content is limited to the resupply by us to “The Customer” of the particular service “The Customer” sought from us or such other similar service as “CPD” may choose.
To the extent permitted by law no party involved in creating, producing, or delivering the “CPD Website” or any Content will be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use the “CPD Website” and the Content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not “CPD” know of the possibility of such damage.
If a jurisdiction does not allow the exclusion or limitation of liability in accordance with paragraph (a), (b), or (c), but allows a limitation of a certain maximum extent then our liability is limited to that extent.