representations, liabilities and obligations, whether implied or imposed by statute or otherwise in respect of the Products and the supply of the
Products are excluded and all liability for loss or damage, whether direct, indirect or consequential is excluded.
The Company’s liability for breach of any implied warranty or condition which by law cannot be excluded in respect of any Product is limited,
at the Company’s option:
(a) in respect of the Product, to the replacement of the Product or the supply of equivalent goods, the repair of the Product, the payment of the
cost of replacing the Product or acquiring equivalent goods, or the payment of the costs of having the Product repaired;
(b) in respect of services associated with the supply of the Products to the supplying of the services again or the payment of the cost of having
the services supplied again.
The Purchaser acknowledges to the Company that:
(a) the Company will not be liable (in any way) for any product defect claim arising from the Purchaser’s installation of the Products which
have not been done strictly in accordance with the Company’s recommended methods;
(b) for shade variation once the Product has been laid, it being understood that shading of a Product can vary from batch to batch;
(c) “Non-Standard” Flotex Products described and invoiced as such are sold on the strict understanding that accidental ‘pile lean’ and other
imperfections at the time of manufacture may cause the appearance of the floor covering when laid to differ from the expected appearance
when using perfect quality products, and that the Company will not be responsible for any shading, deregister, backing thickness, edge
faults or other visual imperfections, and it is the responsibility of the Purchaser to explain this to its own customer;
(d) the Company will not be responsible for any installation complaints if adhesives other than the appropriate Company’s adhesive or other
double bond system adhesive authorised by the Company is used;
(e) the Purchaser must not resell Products which have been damaged in transit, storage, by handling or have reached the end of the durable
life of the Products; and
(f) all consumer complaints related to Products which have reached the end of their durable life or damaged Products attributable to the
manner in which Products had been carried (other than by the Company), stored or handled will be the responsibility of the Purchaser.
If the Purchaser is of the opinion that the cause of the complaint is a defect inherent in the Products, the Purchaser must notify the Company
immediately and where possible forward the Products or samples for testing. In the event that deficiencies are established the Company will
reimburse the Purchaser as provided in paragraphs 12(a) and 12(b) above but will have no liability to the Retailer for loss of sales or other
direct, indirect or consequential loss.
13. Dispute Resolution
A party seeking to resolve a dispute relating to these Terms (Dispute) must notify the other party in writing and both parties must use their best
endeavours to resolve the dispute by negotiation for a period of 30 days from the date of the written notice. If the parties fail to resolve the
dispute in that thirty-day period, either can they must refer the dispute to mediation under the rules of conciliation of the Australian Commercial
Dispute Centre (ACDC). If the dispute is not resolved within thirty days from the date of referral to the ACDC, either party is free to commence
court or tribunal proceedings. Nothing in this clause will prevent a party from seeking interlocutory relief through courts of appropriate
jurisdiction.
14. Governing Law
The Terms are governed by the laws of the State of Victoria, Australia and the parties submit to the non-exclusive jurisdiction of the courts of that State.
15. Entire agreement
The Terms contains the whole of the agreement between the parties regarding the supply of Products.
16. Waiver
Any failure by a party to compel performance by the other party of any of the Terms will not constitute a waiver of Terms or conditions or
diminish rights arising from their breach.
17. Amendment
The Terms may only be amended by written agreement between the parties.
18. Use of Name or Logo
The parties will not use the name, logo or other indicia of the other party without the prior written consent of that party.
19. Force Majeure
If a party is prevented from performing its obligations under the Terms because of a circumstance beyond its reasonable control the
obligations of that party will be suspended for so long as that circumstance continues.
20. Severance
Any illegal or invalid provision of the Terms will be severable to the extent required to make this agreement enforceable and all other provisions
will remain in full force and effect.
21. Assignment
The Purchaser may not assign its rights or obligations under the Terms without the prior written consent of the Company.
22. Relationship
Each party enters the Terms as an independent contractor and nothing in the Terms will create any other relationship between them, including
any relationship of partnership, agency, trust, joint venture or otherwise.
Liability Statement
Karndean International Pty Ltd ABN 94 052 427 853 (Karndean) takes all care in the production of this brochure to ensure that all
representations made are correct at the time of publication. However, Karndean is not liable for any reliance made upon any representations
in this brochure which contain discrepancies, typographical errors, technical inaccuracies, misprints, incorrect product representations,
quantities and pricing for products, or other errors. Karndean reserves the right to make corrections to the brochure at anytime without notice
and will not be liable for any changes made. All products in this brochure are advertised in good faith to be available at time of sale. However,
unforeseen manufacturing, supply or delivery problems or even unexpected demand may occasionally result in stock unavailability. Karndean
has a policy of continuous improvement of products and reserves the right to make additions, deletions or changes to products at anytime
without notice.
Colour and Pattern Reproduction
Sample swatch photographs/images have been taken from an overall pattern design, therefore decoration and shade may vary. Whilst
every care has been taken in the printing of this brochure, the colours shown are only as accurate as the four colour printing process and
reproduction will allow. As a result, we do not guarantee that the image which you see in this brochure will match the product exactly and
we will not be liable to you for any apparent differences when the product has been manufactured in accordance with its specifications.
However, we are able to provide you with samples at no charge upon request.
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