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Conditions of Use

These Standard Terms and Conditions form an agreement between the Customer and BRAEWORKS. Many questions in regard to the relationship between the Customer and BRAEWORKS can be answered here.


1	DEFINITIONS:
1.1	"BRAEWORKS" - provider of the Goods.
1.2	"Customer" - person or entity buying Goods.
1.3	"Goods" - products, subscriptions and services from BRAEWORKS.
1.4	"Subscriptions" - services provided by BRAEWORKS that require a periodically payment.
1.5	BRAEWORKS AU is owned and operated by BRAEWORKS.
1.6	Gadgeteer is owned and operated by BRAEWORKS.

2	SUITABILITY:
2.1	The Customer must ensure the Goods are suitable for the Customer’s particular purpose.

3	PRICE:
3.1	All quotations are in Australian dollars (AUD) and are inclusive of GST, unless otherwise stated.
3.2	Australian GST is added to prices at the rate required by the Australian Tax Office.
3.3	BRAEWORKS shall be entitled to adjust prices in the event that it allows the Customer to vary the quantities or the times of delivery confirmed by BRAEWORKS and specifically agreed between the Customer and BRAEWORKS.

4	ONLINE INTERNET PURCHASING:
4.1	Online purchase from BRAEWORKS’s website form a purchase order from the Customer to BRAEWORKS.
4.2	BRAEWORKS will not accept the purchase order, including any delivery charges and other Customer nominated charges, until paid in full.
4.3	BRAEWORKS reserves the right to accept or reject a purchase order. The Customer will be notified of the acceptance or rejection of the purchase order.
4.4	BRAEWORKS reserves the right to limit the price range, download and weight of online purchases. The Customer will be notified if a limit is reached.
4.5	BRAEWORKS requires a working telephone number. The telephone number is passed to the courier to aid with delivery, and can also be used to check back with the customer.
4.6	BRAEWORKS requires a working email address to contact the customer, and to provide feedback.
4.7	BRAEWORKS reserves the right to store the client IP address for the all purchases from BRAEWORKS AU. The IP address, and any other available information, is available to authorities, for the investigation of fraud and other illegal activities.
4.8	BRAEWORKS reserves the right to refuse to take orders or refuse delivery, where there maybe any reason to suspect fraudulent activity.

5	NON-ONLINE PURCHASING:
5.1	Non-online purchases are initiated by a Customer’s purchase order being received by BRAEWORKS. Or by a request for Goods without a purchase order.
5.2	BRAEWORKS may not accept the purchase order or request for Goods, until the full invoice price, including delivery charges and other Customer nominated charges, is paid in full. Customer’s requests and purchase orders will not be accepted if the Customer is on credit hold.
5.3	BRAEWORKS reserves the right to accept or reject a purchase order and a request for Goods. The Customer will be notified by available means, as time permits.
5.4	BRAEWORKS reserves the right to charge a surcharge for purchases that are not against a purchase order. The invoice is to be paid in full before delivery.

6	INTERNET DOMAIN AND HOSTING SUBSCRIPTIONS:
6.1	You, the customer, accept legal responsibility for the Subscription. You are 18 years of age or older. If you are under 18, you have your parent/s or guardian/s written permission. You are an Australian citizen, or a legal Australian resident.
6.2	BRAEWORKS provides Subscriptions on resources shared by many users. The benefits of using shared resources must be balanced by responsible use of the Subscription. The Customer agrees to be responsible for the content, conduct and use of their Subscription. And in a manner that does NOT hinder other users.
6.3	BRAEWORKS encourages the responsible use of our public internet. Spamming, propagation of viruses and bad internet behaviour may result in the suspension or termination of the Subscription.
6.4	BRAEWORKS reserves the right to suspend or terminate a Subscription where the content or use is offensive, vulgar, defamatory or illegal. And inform the relevant authorities.
6.5	The Customer is the owner of their web site. This is limited any code and data produced by the customer. And does NOT include the underlying software, data and hardware used by BRAEWORKS to provide the Subscription or other services.
6.6	Non-payment of may result in suspension of the internet services being part of the Subscription. Contact us if you have payment difficulties.
6.7	Email spam filters and anti virus software remove most dangerous content from our internet. BRAEWORKS uses MailGuard email filtering services for Subscriptions with email. However, the processes are not infallible. Therefore, BRAEWORKS reserves the right to delete spam and not provide quarantined contents. The Customer agrees to indemnify BRAEWORKS against lost data, and the possibility of the spam filters and anti virus not detecting all spam and questionable content. Refer to MailGuard Terms and Conditions for more information.
6.8	The Customer agrees to inform BRAEWORKS in writing when a Subscription is longer required. And to provide information to BRAEWORKS on how to dispose of the Customers code and data. Please contact BRAEWORKS for the available options.
6.9	The Customer agrees that BRAEWORKS is the final arbitrator in this agreement.

7	PAYMENTS:
7.1	Unless otherwise specified in writing, payment must be confirmed before dispatch of Goods.
7.2	All Goods remain at the behest of BRAEWORKS until they have been paid for in full.
7.3	Subscriptions are re-billed at the beginning of each Subscription period.

8	DELIVERY:
8.1	Delivery is subject to terms of payment. Late payment will cause delivery to be delayed.
8.2	Delivery times and dates indicated are an estimate only, and are subject to availability and force majeure.
8.3	BRAEWORKS will supply the goods as soon as reasonably practicable.
8.4	A handling and freight charge is added to the price at time of invoice.
8.5	Delivery shall be deemed effective when the Goods are declared available for dispatch or collection.
8.6	The transport of the Goods is at the Customer’s risk. The customer can select freight insurance at the time of invoicing.

9	ON SELLING and THIRD PARTY PRODUCTS:
9.1	Should the Customer effect installation into a Customer’s product or for a third party, all products should be delivered with original conditions, licenses and instructions.
9.2	Should the Customer effect onward sale or supply to a third party, all products should be delivered in the original packaging, with all conditions, licenses, instructions and labelling.

10	RETURNING GOODS:
10.1	No returns are accepted for Goods downloaded over the Internet. No refund is available for active Subscriptions.
10.2	Provided that the Customer has obtained BRAEWORKS’s consent in writing. And has provided BRAEWORKS with the invoice number and that the Goods are unused and undamaged, the Goods may be returned within 10 working days of delivery, in the original intact packaging. BRAEWORKS agrees to refund to the Customer the invoiced value of the Goods, less the freight and insurance costs. In consideration of this BRAEWORKS may be entitled to deduct a 15% return charges.
10.3	Where the Goods are manufactured to the Customer’s specifications or where the Goods are modified, altered, processed or amended to meet the Customer’s requirements or where BRAEWORKS has provided goods specifically altered to the Customer’s requirements, the returning of the Goods for credit/refund will not be allowed.
10.4	Returned Goods are subject to BRAEWORKS’s inspection.
10.5	A signature on a delivery docket does not mean acceptance of any returned Goods.

11	CLAIMS:
11.1	The Customer agrees to inspect the Goods for shortage or any visible defect or damage within 10 working days.
11.2	Any claims in respect of shortage or any visible defects or damage to the Goods shall be made to BRAEWORKS within 10 working days of delivery to the Customer, and to the carrier where applicable.
11.3	If practicable, the defective or damaged Goods are to be returned to BRAEWORKS. If not, BRAEWORKS must be given a reasonable opportunity to inspect them.
11.4	The Customer shall explain his claim in writing, identifying the item (including any serial numbers) and providing a description of any shortage/defect/damage, and stating the date and purchase order and/or invoice number/s.
11.5	A claims form, or written page, shall be attached to each defective/damaged component in the event that more than one item is returned as claimed for defective or damaged Goods.
11.6	Any claim for damaged or missing Goods downloaded over the internet shall be at BRAEWORKS’s discretion.

12	WARRANTY:
12.1	Unless otherwise stated, new Goods have a warranty period of 12 months from the date of invoice.
12.2	The warranty is that the Goods will be free from defects in materials and workmanship.
12.3	At BRAEWORKS’s discretion, Goods subject to warranty will be repaired or replaced.
12.4	The Customer is responsible for the delivery of Goods to and from BRAEWORKS or BRAEWORKS’ agent.
12.5	The warranty will not apply if;- the Goods serial number or any rating label is removed or changed in any way, the Goods are not repaired by an authorised agent, the Goods are being used contrary to any guidelines recommended in the user guide or manual, a malfunction or failure from deliberate or accidental damage, neglect, modification, incorrect voltage or power surges.
	Note: When applying for a warranty claim, the claim process can be sped up considerably by supplying all the serial numbers of the goods with the claim.

13	LIABILITY FOR INSTALLATION AND USE:
13.1	There shall not be liability for any defect or damage arising from freezing, overheating, corrosion or use of the Goods outside of specifications.
13.2	There shall not be liability in the event that the Customer’s use of the Goods is contrary to any general standards or regulations in force from time to time.
13.3	There shall not be liability for any defect or damage arising out of improper use or misuse.
13.4	There shall not be liability for Goods downloaded over the internet. Goods provided over the internet are provide “as is”.

14	LIABILITY FOR DAMAGE CAUSED BY THE GOODS:
14.1	BRAEWORKS shall have no further liability to the Customer for shortages or defective or damaged Goods.
14.2	BRAEWORKS shall under no circumstances be liable for loss of production, loss of profit or any other consequential damages and indirect loss.
14.4	If a claim for damages as described in this Clause is lodged by a third party against one of the parties; the latter party shall inform the other party thereof as soon as possible.
14.5	The limitations of BRAEWORKS’ liability shall not apply to the extent that they infringe product liability statutes, which the parties cannot contract out of.
14.6	Each of these Terms and Conditions are a separate provision, the invalidity of which shall not affect the validity of the other provisions.

15	SPECIFICATIONS:
15.1	Goods specification may vary as part of regular product development.

16	INTELLECTUAL PROPERTY:
16.1	Any design, source code, drawing, description, model, documentation, sample and/or the like, shall remain the intellectual property of BRAEWORKS’ suppliers and manufactures, as appropriate.

17	ERRORS:
17.1	BRAEWORKS endeavours to ensure the information provided by BRAEWORKS is free from errors. However, BRAEWORKS does not guarantee the information provided is free from errors.

18	CHANGE:
18.1	BRAEWORKS reserves the right to change or modify these terms with no prior notice.

19	GOVERNING LAW:
19.1	These terms are governed by the laws of the State of Victoria and each party, unconditionally submits to the non-exclusive jurisdiction of the Courts of Victoria, and of any Australian court competent to hear appeals from them.

If you have any questions, please Contact Us.

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11920 products online	8139983 requests since Thursday 27 August, 2009
Copyright © 2012 BRAEWORKS	7:39:46 PM, Wednesday 30 May, 2012