Sunday, September 05, 2010
   
Text Size

Terms of Service

Thank you for choosing BlackJack Welding. This site is presented by BlackJack Welding ("We"). Review the following rules ("Agreement") that govern your use of www.blackjackwelding.com.au ("Site"). Your use of www.blackjackwelding.com.au indicates your unconditional agreement to follow and be bound by these Terms of Use. A copy of this agreement is available at any page of our site negating claims of unavailability. BlackJack Welding reserves the right to update and modify these Terms of Use at any time without prior notice. Use of the Site following any such change indicates your unconditional agreement to follow and be bound by these Terms of Use as changed. Subsequently, we encourage you to review these Terms of Use on future visits. Use of this Site

All billing and shipping information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.

All Site contents ("Contents") are intended solely for non-commercial use. You may not download or copy the Contents displayed on the Site. You may not reproduce any Contents of the Site or any related downloaded content and documents. The Contents on this Site may be used only for shopping. All other uses, including modification, reproduction, transmission, distribution, or display of the Contents on this Site is prohibited.

Security

Users are prohibited from violating or attempting to violate the security of the Site or other of the Site's users, including: accessing data not intended for such user or logging onto a non-authorized account; attempting to compromise the vulnerability of a system or network or to breach security or authentication without authorization; attempting to interfere with service via means of submitting a virus other means to deny others to the Site. Violations of system or network security will result in civil or criminal liability. BlackJack Welding will investigate occurrences that involve such violations and will involve law enforcement in prosecuting users involved in such violations.

Order Acceptance

Please note that there may be certain orders that we are unable to fulfill and we must cancel. We reserve the right, at our sole discretion, to refuse or cancel and credit any order for any reason. We will contact you if all or any portion of your order is cancelled or if additional information is required to complete your order.

Pricing Information

Occasionally, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product description, We shall have the right, at our sole discretion, to refuse or cancel any order(s) placed for the item(s). In these events We may contact you for further instructions or inform you of cancellation of your order.

Prices and availability are subject to change without notice.

Shipping and Risk of Loss

Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Package arrival dates are estimates, and are subject to exceptions in delivery due dates.

Orders with any missing, defective or damaged parts must be reported within two (2) days of shipment receipt. Claims reported after two (2) days of receipt will result in denial of any claim.

Packages with shipping damage must be refused, reported and file a damage claim directly with the insured delivery company.

Returns and Exchanges

All returns should be in and packed as the original packaging in such a manner to be saleable as new. All shipping costs on returns and exchanges are the responsibility of the original purchaser. All returns are subject to a restock fee.
Chargebacks and Disputes

Users agree to settle all disputes directly with BlackJack Welding arising from any transaction with BlackJack Welding. Use of this Site indicates the user is in agreement with the Terms of Use, and as such, all chargebacks will be contested by BlackJack Welding. Abusive and fraudulent chargebacks may result in legal action against the claimant, as a chargeback is the original financial institutions opinion of financial responsibility, but not a legal ruling from a court of law. All legal action will seek the initial chargeback amount, travel costs, and legal fees related to each incident.

Copyrights and Trademarks

Except as noted, all Contents are intellectual property owned by BlackJack Welding.

BlackJack Welding reserves all intellectual property rights in all content, text and processes which operate on this Site.

The BlackJack Welding name and logos and all related product and service names, design marks and slogans are the trademarks or service marks of BlackJack Welding. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use or reproduce any name, logo or mark in any manner.

Indemnification

You agree to defend, indemnify and hold harmless BlackJack Welding from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

Disclaimer

THIS SITE IS PROVIDED BY BLACKJACK WELDING ON AN "AS IS" AND "AS AVAILABLE" BASIS. BLACKJACK WELDING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BLACKJACK WELDING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, BLACKJACK WELDING DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE BLACKJACK WELDING WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL BLACKJACK WELDING OR ANY OF ITS VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE ANY BLACKJACK WELDING WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BLACKJACK WELDING HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BLACKJACK WELDING BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

General

This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of BlackJack Welding to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit BlackJack Welding's rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under Australian law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the state or federal courts of Australia and you consent to the exclusive personal jurisdiction of such courts.

Restore Default Settings