End User Agreement

This End User Agreement (EUA) is for informational purposes only. There are no products accompanying the EUA.
 1. Acceptance of Terms

1.1    This End User Agreement ('EUA') is a legal agreement between you (either an individual or a single entity) and NEHOC Australia Pty Ltd or one of its affiliates ('NEHOC') for the NEHOC Products or Services that accompanies this EUA, which includes all screen printing equipment, machines, associated supplies, inks, mesh, frames, t-shirts, printed materials, manuals, 'online' or electronic documentation, Internet-based services ('Support') and any Product items listed on the NEHOC Price List and Website. An amendment or addendum to this EUA may accompany the Products.

YOU AGREE TO BE BOUND BY THE TERMS OF THIS EUA BY ORDERING, ACCEPTING, OR OTHERWISE USING THE PRODUCTS. IF YOU DO NOT AGREE, DO NOT ORDER, ACCEPT, OPEN, OR USE THE PRODUCTS; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND, IF APPLICABLE.

1.2    NEHOC may amend this EUA at any time by posting the amended and restated EUA on the website. The amended and restated EUA shall be effective immediately upon posting. This EUA was last amended on 13th February 2008. Posting by NEHOC of the amended and restated EUA and your continued use of the Products & Support shall be deemed to be acceptance of the amended terms. This EUA may not otherwise be modified except in writing by an authorised officer of NEHOC.

1.3    NEHOC grants you the following rights provided that you comply with all terms and conditions of this EUA:

 

 2. Product Warranty
 
2.1    All products are warranted against faulty manufacture. In addition many products [including machines, kits and packages] comes with its own NEHOC warranty. Go to the Warranties section and refer to the warranty information corresponding to the Products you intend to purchase for the relevant terms and conditions of warranty ['Warranty Terms'].

 

 3. Limited Warranty

3.1    NEHOC will perform its obligations under this agreement in a good workmanlike manner. The products, support and access to the website are provided 'as is', without warranty of any kind, and any use of the products, support and access to the website is at your own risk. To the maximum extent permitted by applicable law, NEHOC and its suppliers disclaim all other warranties and conditions, either expresses or implied, including, but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. With regard to the products and the website, NEHOC does not warrant that the functions contained in the products or the website will meet your requirements, or that the operation of the products or the website will be uninterrupted or error-free, or that defects in the products can be corrected. Furthermore, NEHOC does not warrant or make and representations regarding the use or the results of the use of the products or website in terms of their correctness, accuracy, reliability, or otherwise. No oral or written information or advice given by NEHOC or its authorised representatives shall create a warranty or in any way increase the scope of this warranty. Should the products prove defective after NEHOC has delivered the same, you shall assume the entire cost associated with all necessary servicing, repair or correction. Notwithstanding anything in this agreement, consumers may have the benefit of certain rights or remedies under  the Trade Practices Act 1974 (CTH) and similar state and territory laws in Australia, or Consumer Guarantees act in New Zealand., in respect of which liability cannot be excluded. The provisions of this agreement are subject to and do not affect those rights and remedies. If, and to the maximum extent permitted by law, for any breach of these statutory warranties, NEHOC's liability is limited, at NEHOC's option, in the case of goods, to either (I) replacement of the goods or (II) correction of defects in the goods: and in the case of services, to (I) resupply of the services, or (II) payment of the cost o resupply of the services.

 

 4. Customer Warranty

4.1    You hereby represent, warrant and agree to (a) provide true, accurate, current and complete information about yourself and any business references as may be required by NEHOC and (b) maintain and promptly amend all information to keep it true, accurate, current and complete.

4.2    You will not allow any person who is not authorised by you, or who has not accepted the terms of this agreement  to access the Site or submit orders or support requests from your computer, by telephone, fax, or on your behalf.

4.3    The customer agrees to notify NEHOC of any changes in ownership, company structure or any transaction howsoever affecting the customer which may in any way prejudice NEHOC rights hereunder and understands that deliveries may be suspended until such outstanding matters are resolved to the reasonable satisfaction of NEHOC

 

 5. Limitation of Liability

5.1    To the maximum extent permitted by applicable law, in no event shall NEHOC or its suppliers be liable for any special, incidental, indirect, or consequential damages nor for any damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss arising our of the use of or inability to use the products or NEHOC website, or arising as a result of NEHOC provision or failure to provide support, even if NEHOC has been advised of the possibility of such damages. Because some state and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply. In any event, NEHOC's liability to you shall not exceed AUD$500.00

 

 6. Notice Specific to NEHOC Website

6.1    Use of the NEHOC web site is governed by the Terms Of Use, listed on the NEHOC website - www.nehoc.com.au/go/terms

6.2    The Website may refer to Products that are generally available for purchase in Asia & South Pacific Region. A reference to Products on the website does not imply or warrant that the Products will be available at any time in your particular locality. You should check with your local NEHOC authorised representative for the availability of specific products and services in your locality

6.3    Product features, weights, sizes, pack, quantity, dimensions and specifications described or depicted on the Website ('Products'), or available for purchase through the Website (including, without limitation, prices of Products displayed on the Site and any delivery or other charges) are approximate and subject to change without notice.

6.4    Any material downloaded or otherwise obtained through the Website is done at each Customers sole discretion and risk and each Customer is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any Member from NEHOC or through or from the Website shall create any warranty not expressly stated herein

 

 7. Term and Termination of EUA

7.1    This agreement is valid for a minimum period of 90 days from original purchase of any PRODUCTS or SUPPORT. This Agreement shall not automatically renew for any additional terms unless both parties execute an extension hereto and nothing contained herein shall obligate either party to enter into any extension hereto.

7.2    Where multiple EUA's may exist (through multiple product purchases) the Original and Initial EUA issued shall be deemed the sole and only EUA recognised.

7.3    Either party, upon written notice to the other party, may immediately terminate this agreement if the other party is in material breach of any term of this agreement: or the other party becomes subject to bankruptcy, dissolution, winding up, insolvency or liquidation.

7.4    The customer agrees removal or tampering machine labels, warranty stickers, barcode labels or marking applied by NEHOC will immediately terminate this agreement, rendering any/all outstanding warranty period as invalid

7.5    NEHOC does not make any representations or warrant against the availability of PRODUCTS and SUPPORT beyond the term of this agreement

7.6    NEHOC does not make any representations PRODUCTS are currently under manufacture at time of entering this agreement. Any PRODUCT no longer under manufacture will be noted within 90 days on the Website (Product/s homepage) under ‘Manufacture Notice’. Any notice shall list the manufacturer/s, product description and effective date. Any Product listed under a ‘Manufacture Notice’ shall be sold on a whilst current stocks last basis, no further orders, rainchecks, and backorders shall be made available for such Products
7.6.1    SUPPORT for ‘Manufacture Notice’ Products shall be governed by section 3.1 and the customer acknowledges such Products are supplied on an ‘as is’ basis. NEHOC makes no representations SUPPORT for 'Manufacture Notice' products will remain available following 31st December 2006
 
 8. Trademarks & Intellectual Property Rights

8.1    NEHOC is the sole owner or lawful licensee of all the rights to the Website and the NEHOC content. The website and NEHOC Content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Website and NEHOC Content shall remain with NEHOC, its affiliates or licensors of the NEHOC Content, as the case may be. All rights not otherwise claimed under this Agreement or by NEHOC are hereby reserved

8.2    RISO is a registered trademark of RISO Kagaku Corporation, Tokyo, Japan.

 
 9. Entire EUA; Severability

9.1    NEHOC and the Customer are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement

9.2    This EUA (including any addendum or amendment to this EUA which is included with the Products) is the entire agreement between you and NEHOC relating to the Products and the Support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Products or any other subject matter covered by this EUA. To the extent the terms of any NEHOC policies or products for support services conflict with the terms of this EUA, the terms of this EUA shall control

9.3    The Terms of Use are to be governed by and construed in accordance with the laws of New South Wales, Australia, without reference to its conflicts of law rules. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of the Terms of Use is found to be invalid or unenforceable, such invalidity or unenforceability will not affect the remainder which will continue in full force and effect

9.4    Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section

 

 10. Notices
10.1    All notices (including address change notices) demands, or consents required or permitted under this EUA shall be invalid unless in writing.  All notices, demands, or consents shall be made by registered mail at the following addresses and shall be deemed to have been served when received by the receiving party or five (5) days after posting, whichever is earlier:

10.1.1    If to Customer: Address provided on either:

- Trading Account Application Form

- Account Application Form

- Online Order Invoice/ Billing Address

10.1.1.1    Where no postal address is available e-mail delivery will be used and deemed posted at time of leaving internal NEHOC mail server

 

10.1.2    If to NEHOC

PO Box 175
NARRABEEN   NSW   2101, Australia

 11. Entire End User Agreement

11.1    This Agreement and all Products, Services, Support and Documents referred to herein embody the entire understanding of the parties with respect to the subject matter hereof and shall supersede all previous and contemporaneous communications, representations or understandings, either oral or written, between the parties relating to the subject matter hereof, including NEHOC Sale Terms.