Website Conditions of Use

• Agreement Deemed by Use

  1. Use of this Website ("site") deems your agreement to be bound by the terms and conditions of use ("terms and conditions") listed below.

   

• Use of Materials, Graphics, and Text from this Site

  1. This site is owned and operated by Wades Distributors. Unless otherwise specified, the materials in this site are presented for the purposes of promoting Wades products and providing sales information about Wades to suppliers and the general public. Images are for display purposes only and provide an indicative representation of the product advertised. In no way is Wades liable for the accuracy nor representation of the image displayed to the final product.

  2. No material from Wades on this site or any website owned, operated, licensed or controlled by Wades may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way save for the following exception.

  3. Exception: You may download one copy of this site document on any single computer for your personal non commercial use, and may print hard copies for non-commercial use, provided you retain all copyright and other proprietary notices. Modification or use of the materials for any other purpose is a violation of Wades copyright and other proprietary rights.

  4. Use of any material in this site on any other website or networked computer environment is prohibited.

  5. All trademarks, service marks, and trade names are proprietary to Wades.

  6. All other rights are reserved by Wades as the copyright owner.

   

• Flow Rates / Capacities

  1. Flow rates and capacities quoted are to be used as a guide only. This sales information is gleaned from manufacturer’s technical data and usually represents "best case" performance.Wades will in no way be liable for flow rates and capacities in end use applications

   

• Links to Other Sites (if applicable)

  1. Material in this site may contain links to external Internet websites. Wades does not sponsor, endorse, adopt, confirm, guarantee or approve of any material or representations made in those websites.

  2. Wades makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material on other websites to which material on this site is linked.

  3. Wades does not warrant that material on linked sites is free of any computer virus or any other defects or errors, infringements of intellectual property rights, nor does it authorise any such infringement by reason of the linking of this site to material on other websites.

  4. It is your responsibility to decide if you will accept the accuracy, currency and reliability of sales information found either on this site or in external Internet websites which are linked to this site's pages and you do so entirely at your own risk.

  5. Any technical data such as speed or feeds obtained from external websites is the recommendation of the proprietor of that site. Wades makes no warranties that this sales information is correct, it is provided as guide only not by Wades but by the third party site. Wades takes no responsibility for damage to tooling or jobs where the damage incurred resulted from information from a third party site.

   

• Linking to this Site

  1. Links to this site are permitted, provided the full html page is loaded and is not more than one layer from the index.html page.

  2. Links to individual graphics or to areas that are considered "security areas" that bypass any security protection or password protect that Wades establishes are expressly prohibited. If you wish to use a graphic to link to this site please link to our main pagehttp://www.wades.net.au

   

• Products Promoted and Contract Development

  1. Prices, images and technical information listed on this site and terms and conditions of any kind relating to products displayed on this site may not be current or complete and therefore under no circumstances constitute an offer or undertaking by Wades. Wades reserves the right to vary or modify the sales information in the site without notice.

  2. Wades makes no representation that the products listed in this site are currently available at any or all of its locations at any time at the prices listed on this site and it is your responsibility to verify product availability and pricing with Wades at the address below. For full details of product sales infomration, product images, product price, and conditions contact us at email: sales@wades.net.au

   

• Disclaimer

  1. The materials in this site are provided "as is" and without warranties of any kind, either express or implied.

  2. The sales information in the site is altered periodically and changes in circumstances after sales information is placed in this site may affect the accuracy of the information. It is your responsibility to assess and verify the accuracy, currency, completeness and reliability of sales information in the site's pages.

  3. Wades makes no warranties or representations express or implied regarding the quality, accuracy, completeness, timeliness, merchantability or fitness for purpose of any material in this site or product referred to in this site.

  4. Wades makes no warranties that this site is free of human or mechanical error, technical inaccuracies or typographical errors.

  5. Wades makes no warranties or representation that the material in this site will not cause damage or that the material is free from any computer virus or any other defects or errors or omissions and refers to the Limitation of Liability section below.

   

• Limitation of Liability

  1. You waive and release Wades, its servants and agents to the fullest extent permitted by law from any and all claims arising out of or related to the use of material or information made available through this site.

  2. Wades, its servants or agents shall not, under any circumstances be liable for any injury, loss or damage arising out of or related to the use, or the inability to use, the materials in this site. This limitation of liability includes but is not limited to incidental, special or consequential damages, damages for loss of business or other profits.

   

• Jurisdiction

  1. This site is controlled and operated by Wades from its office in Queensland, Australia and by use of this site you agree to submit to the jurisdiction of the courts of Queensland if a conflict arises from the use of this site. If you choose to access this site from other locations you are responsible for compliance with local laws, if and to the extent such local laws apply.

• Severability

If any provision of the Terms and Conditions is unlawful, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining terms and conditions. This is the entire agreement between the parties relating to the subject matter

Quotations

• Unless previously withdrawn, a quotation is valid for 30 days or such other period as stated in it. A quotation is not to be construed as an obligation to sell but merely an invitation to treat and no contractual relationship shall arise from it until the Buyer's order has been accepted in writing by the Seller which provided the Quotation.

• No Seller shall be bound by any conditions attaching to the Buyer's order or acceptance of a Quotation and, unless such conditions are expressly accepted by the relevant Seller in writing, the Buyer acknowledges that such conditions are expressly negatived.

Every Quotation is subject to and conditional upon obtaining any necessary import, export or other licence.

• GST

  1. The parties agree that:

  2. the Purchase Price is inclusive of GST;

  3. all other Payments have been calculated without regard to GST;

  4. each party will comply with its obligations under the Trade Practices Act 1974 when calculating the amount of any Payment and the amount of any relevant Payments will be adjusted accordingly;

  5. if the whole or any part of any Payment is the consideration for a Taxable Supply (other than for payment of the Purchase Price) for which the payee is liable to GST, the payer must pay to the payee an additional amount equal to the GST Amount, either concurrently with that Payment or as otherwise agreed in writing.

  6. any reference to a cost or expense in this Agreement excludes any amount in respect of GST forming part of the relevant cost or expense when incurred by the relevant party for which that party can claim an Input Tax Credit; and the payee will provide to the payer a Tax Invoice.

   

• Passing of Property and Risk

  1. Goods supplied by a Seller to the Buyer shall be at the Buyer's risk immediately upon deliver to the Buyer, into the Buyer's custody or at the Buyer's direction (whichever happens first). The Buyer shall insure the goods from the time of that delivery at its cost against such risks as it thinks appropriate, shall note the interest of the Seller named in the relevant Sales Invoice on the insurance policy and shall produce a certificate to this effect to that Seller upon request.

  2. Property in the goods supplied by a Seller to the Buyer under these terms and conditions shall not pass to the Buyer until those goods and other goods have been paid for in full.

  3. Until the goods have been paid for in full:

     1. the Buyer shall store the goods in a manner which shows clearly that they are the property of the Seller which supplied them; and

     2. the Buyer may sell the goods, in the ordinary course of its business, as agent for the Seller and shall account to the Seller for the proceeds of sale (including any proceeds from insurance claims). These proceeds must be kept in a separate bank account.

  4. The Buyer irrevocably authorises each Seller at any time to enter onto any premises upon which:

     1. the Seller's goods are stored to enable the Seller to:– inspect the goods; and/or – if the Buyer has breached these terms and conditions, reclaim the goods;

     2. the Buyer's records pertaining to the goods are held to inspect and copy such records.

The Buyer and each Seller agree that the provisions of this clause apply notwithstanding any arrangement under which that Seller grants credit to the Buyer.

• Force Majeure

  • If the performance or observance of any obligations of any Seller is prevented, restricted or affected by reason of a force majeure event including strike, lock out, industrial dispute, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond the reasonable control of the Seller, the Seller may, in its absolute discretion give prompt notice of that cause to the Buyer. On delivery of that notice the Seller is excused from such performance or observance to the extent of the relevant prevention, restriction or effect.

   

• Default of Buyer

  • If these terms and conditions are not strictly observed by the Buyer, the Seller may in its absolute discretion, refuse to supply to the Buyer and the Seller shall not be liable to the Buyer for any loss or damage the Buyer may sustain as a result of such refusal. The costs of collection of any moneys are due and payable by the Buyer, including the fees of any mercantile agent or lawyer engaged by the Seller.

   

• Buyer's Cancellation

Unless otherwise agreed in writing, the Buyer shall have no right to cancel an order which has been accepted by a Seller. If a right of cancellation is expressly reserved to the Buyer, such right of cancellation must be exercised by notice in writing from the Buyer to the Seller with which the order has been placed not later than 7 days prior to the estimated date of shipment by the manufacturer or that Seller as the case may be. Unless otherwise agreed between the Buyer and Seller, upon cancellation prior to shipment any deposit paid by the Buyer shall be forfeited to the manufacturer or Seller (as the case may be). Despite the cancellation of any order for any reason, the Buyer must still purchase from the Seller any goods ordered by the Buyer which constitute Exclusive Goods (whether in store, in transit or being manufactured) which were procured or ordered by the Seller before such cancellation, unless otherwise agreed in writing by the Seller.

1. Governing Law

   1. These terms and conditions and any contract including them shall be governed by and construed in accordance with the laws of the State of Queensland and the Seller and the Buyer submit to the non-exclusive jurisdiction of the Courts of Queensland.

2. Buyers are advised that goods shipped are entirely at the Buyer’s risk from the time the goods leave the warehouse.

3. The only exception shall be when Wades, under instructions from the buyer and at the buyer’s expense, has shipped the goods via Registered Post.

4. When Registered Post has been used as the transport method, Wades takes full responsibility for the safe and complete delivery of the goods.

5. Under all other circumstances, Wades and its shipping contractors take no responsibility for goods lost in transit, goods delivered late or goods damaged in transit.

6. It is the buyer’s responsibility to arrange insurance to cover goods in transit if such insurance is so required.

7. Wades will not ship products using a buyer’s transport company unless wades is provided with Pre Paid shipping labels to fully cover the cost of the transport to the nominated delivery address.