To the fullest extent, legally permissible, all dealings between Maid in Australia Pty Limited T/As Underwater Dogs and any Customer relating to any products [“Products”] and/or services [“Services”] are subject to the following terms and conditions of trade [“Terms”] unless otherwise agreed in writing:
1.1 “Seller” means Maid in Australia Pty Ltd T/As Underwater Dogs and/or employees, authorized agents and permitted assigns;
1.2 “Customer” means a Customer and/or any agent or assigns of the Customer;
1.3 “Goods” includes services incidental to the supply of goods. The goods shall be described on the invoices/quotation/order form as provided by the Seller to the Customer;
1.4 “Services” includes any incidental supply of goods, advice or recommendations.
2. Acceptance of Terms and Conditions
2.1 Placement of an online order including payment is deemed acceptance of the Terms and Conditions by the Customer;
2.2 These Terms and Conditions, having been accepted, cannot be rescinded other than as provided for within these Terms and Conditions and are irrevocable unless by written agreement between the Customer and the Seller.
3. Terms of Payment
3.1 Payment for goods or services will be due at the time of placing the order. Payment is to be by way of Visa, Mastercard, STRIPE, and Paypal;
3.2 The Customer agrees that all sales are otherwise made by the Seller at its ruling price at the time of ordering and on such other terms as the Seller considers reasonable and publishes on its web site.
4. Delivery of Goods and Services
4.1 The Seller will deliver goods/services to the Customers nominated Postal Address;
4.2 The Customer shall make all arrangements necessary to take delivery of the goods when they are tendered for delivery;
4.3 Delivery of the goods by the Seller to a carrier either upon the Customer’s request or at the discretion of the Seller for the purpose of transmission of the goods to the Customer is deemed to be delivery of goods to the Customer;
4.4 The Customer shall reimburse the Seller for costs stipulated at time of sale associated with delivery of the goods by a carrier;
4.5 Delivery of the goods to a nominee of the Customer is deemed to be delivery to the Customer of the goods for the purposes of this agreement;
4.6 The failure of the Seller to deliver the goods/services is not to be deemed as the Seller’s repudiation of this contract;
4.7 In the event that products are displayed in error, or a printing error has occurred in respect of product and or events, the Seller reserves the right to decline or cancel;
4.8 The Seller acknowledges that orders for the USA are via UPS and US Mail and reserves the right to refuse delivery to any location that is not serviced by UPS or US Mail.
5. Property in Goods
5.1 Until such time as property in the goods passes from the Seller to the Customer, the Seller may request in writing the return of the goods from the Customer;
5.2 The Customer shall not resell any goods supplied by Maid in Australia Pty Ltd T/As Underwater Dogs to a third party without the express permission from Maid in Australia Pty Ltd T/As Underwater Dogs.
6. Cancellations & Returns: The Customer agrees that
6.1 Orders cannot be cancelled after order and payment is processed without prior written approval;
6.2 Returns will be accepted under our 100% Money Back Guarantee policy;
6.3 Underwater Dogs reserve the right to cancel or refuse any order, at our sole discretion.
7. Customer’s Warranties and Indemnities
7.1 The Customer authorizes the Seller
7.1.2. To disclose any information obtained by any person for the purposes of delivering goods and/or services;
7.2 The Customer indemnifies the Seller
7.2.1. Against any penalty or liability incurred by the Seller for any breach by the Customer of these terms and conditions;
7.2.2. Against all actions, claims, demands, losses, damages, costs and expenses which the Seller may sustain or incur or for which the Seller may become liable whether during or after the term of this agreement, by reason of any act or omission or negligence by the Seller and its respective employees or any other authorised person.
8. Seller’s Warranty
8.1 Subject to the conditions set out in Part 6.2 above, the Seller warrants that it will replace any defective goods manufactured by the Seller which becomes apparent and is reported to the Seller within 48 hours of the date of delivery of the goods/services to the Customer;
8.2 The Seller’s warranty in Clause 8.1 above, does not apply if
8.2.1. The defect or damage was caused or partly caused by the failure on the part of the Customer to
18.104.22.168 properly maintain any goods; or
22.214.171.124 follow any instructions or guidelines provided by the Seller; or
126.96.36.199 any unauthorised use of the goods; or
188.8.131.52 the continued use of goods after the Customer became aware of the defect;
8.3 The defect or damage was caused by fair wear and tear; or
8.4 Any other circumstances deemed beyond the control of the seller;
8.5 Goods are returned to the Seller, at the Customer’s cost, within 10 business days of the Customer receiving notice from the Seller;
8.6 Goods are returned in the condition in which they were delivered and with all packaging, and instruction material.
9. Limitation of Liability:
9.1 The Customer agrees
9.1.1 to limit any claim it makes to the cost of replacement of Products or of acquiring equivalent products;
9.1.2 that the Seller shall not be liable for any loss or expense arising from the date of delivery;
9.1.3 that to the fullest extent legally permissible the Seller shall not be liable for any damages for personal injury, any damage to property and/or any contingent, consequential, direct, indirect, special or punitive damages whether due to negligence or otherwise and the Customer acknowledges this limit of liability and agrees to limit any claim accordingly; and
9.1.4 that to the fullest extent legally permissible no other term, condition, agreement, warranty, representation and/or understanding whether express or implied, in any way extending to, otherwise relating to or binding upon the Seller other than these Terms is made or given by or on behalf of the Seller other than by these Terms save and except to the extent otherwise required by law;
9.1.5 all the product information listed has no assurance at all and should not replace trained veterinary care. We take no accountability for any reliance on any of our listed products. Any misuse or abuse of products and the subsequent result will be solely the Customer’s responsibility.
10. Other Terms and Conditions: No terms and conditions sought to be imposed by the Customer upon the Seller shall apply.
11. Jurisdiction: The Customer agrees that all contracts made with the Seller shall be deemed to be made in the State nominated by the Seller and, the Customer agrees to submit to the jurisdiction of the appropriate Court nominated by the Seller in the capital city of that State.
12. Sales Tax: The Customer is solely responsible for any taxes payable under their state of origins regional authority. Appropriate Sales Tax will be added at the time of purchase if deemed applicable.
13. Recurring orders: The Customer retains the right to cancel recurring orders so long as they contact the Seller five (5) working days before the order is processed.
14. Notice: The Customer agrees that it shall be deemed to have notice of any change to these Terms immediately any change is adopted by the Seller and whether or not the Customer has actual notice thereof. The Customer shall be bound by any terms and conditions of trade which may be adopted by the Seller immediately they are so adopted and notwithstanding any other purported or pre-existing terms and conditions which might otherwise have applied.