GENERAL:
1. Any reference in the Conditions to any provisions of a statute shall be construed as a reference to that provision as
amended re-enacted or extended at the relevant time.
2. The headings in the Conditions are for convenience only and shall not affect their interpretation.
3. No waiver by Us of any breach of the Contract by You shall be considered as a waiver of any subsequent breach of the same or other provision.
4. No failure by Us to exercise any power given to Us or to insist upon strict compliance by You with any obligation hereunder and no custom or practice of the parties at variance with the terms hereunder shall constitute any waiver of any of Our rights under the Contract.
5. If any provision(s) of these Conditions is(are) held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby.
6. Any notice under these Conditions shall be properly given if in writing and sent by post, telex or facsimile to the address of the intended recipient as stated in the contract or to such address as We and You from time to time notify to each other as their respective addresses for service and shall be deemed served in the case of postal notice, on the expiry of 48 hours from time of posting, in the case of telex on the recording of the “answer back” code on the sender's machine, and in the case of facsimile,on the expiry of 15 minutes from completion of transmission by the sender.
7. Except as otherwise provided nothing in this Contract shall confer on any third party any benefit or the right to enforce any terms of this Contract.
8. You shall not assign the benefit of the Contract without Our prior written consent.
9. The Privacy Act requires Us to advise You that Your personal information voluntarily submitted in the course of instructing Us to purchase the Goods are held on Our database(s). Unless requested not to do so We may, from time to time, use these details to send You information We believe may be of interest You. Further, with your prior consent, We may share Your personal information with Our selected third parties. We will only process Your personal information in accordance with the terms of our privacy policy, available on request and on-line at http://www.cintacindustries.com/yourprivacy.html
10. We reserve the right to assign the benefit of the Contract by prior written notice to You.
11. Except as otherwise expressly provided nothing in this Contract shall confer on any third party any benefit or the right to enforce any terms of this Contract.
12.1. If a dispute arises out of or relates to these terms and conditions, then a party may not commence court proceedings relating to the dispute unless it has complied with this clause 7.12.
12.2. A party claiming that a dispute has arisen under or in relation to this Agreement must give written notice to the other party specifying the nature of the dispute.
12.3. On receipt of that notice, the parties must endeavour in good faith to resolve the dispute using mediation.
12.4. The parties must jointly appoint a mediator and must agree on the mediator’s remuneration. If the parties fail to
agree on the appointment and remuneration within (five) 5 days of service of the notice or any other time that the parties agree to in writing, either party may apply to the President of the body known as the Law Institute of Victoria or the President's nominee to appoint a mediator and determine the mediator's remuneration.
12.5. The mediation procedure is confidential and written statements prepared for the mediator or for a party or discussions between the parties or between the mediator and a party during the mediation procedure cannot be used in any legal proceedings.
12.6. If mediation has not resolved the dispute within fourteen (14) days of the date of service of the notice of the dispute then a party is entitled to institute legal proceedings in relation to the dispute.
13. We may amend these terms and conditions at any time, by posting a notice on the Cintac Limited website. By continuing to deliver goods, you will be deemed to have accepted the revised Terms.
14. These terms and conditions shall be read subject to any implied terms, conditions or warranties imposed by the Trade Practices Act 1974 (Cth) or any other Commonwealth or state legislation insofar as such may be applicable.
15. These terms and conditions shall be governed and construed in accordance with the laws of Hong Kong and the parties unconditionally submit to the jurisdiction of the courts in Hong Kong and courts entitled to hear appeals from those courts.
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