The parties, the Website, access and legal documentation
1. This website ("Website") is owned and operated by Snake Bite (ABN 82 821 988 960).
2. Access to the secure areas of this Website is restricted to: a) persons who are authorised customers of Snake Bite ("Customer"), and b) Internet Service providers who provide their subscribers with access to the world wide web. Access by any other person to the secure areas of this Website is strictly prohibited.
General Commercial Terms
1. This Website is provided for the purposes of allowing the Customer to do the following with an industry standard web browser (referred to collectively as the "Authorised Purposes"): a) access as presented on this Website information about Snake Bite, the terms of the relationship between the Customer and Snake Bite, and the goods and/or services presented on this Website, and b) communicate to Snake Bite the Customer's desire to purchase goods and/or services presented on this Website. The Customer must use this Website solely for the Authorised Purposes.
2. During purchasing, Snake Bite will require customer to provide certain details to allow orders to be processed successfully.
5. If the Customer wishes to retain a hard copy of any order it places on this Website, the Customer may print the relevant order confirmation as provided for on this Website using any industry standard web browser. The presentation of an order confirmation on this website indicates only that the relevant order has been received by Snake Bite.
6. The decision by Snake Bite whether or not to accept or fulfil any order will be based inter alia upon the Customer's account and credit status at the relevant time. Orders accepted by Snake Bite will be confirmed by e-mail to the Customer. Snake Bite reserves the right to delay or cancel any order at any time (including at the time of fulfilment).
7. If the Customer wishes to cancel any order, it must do so by complying with the information contained in the Return & Exchange Policy.
8. Snake Bite’s Return & Exchange Policy will apply to all items which the Customer wishes to return.
9. All prices quoted are in Australian dollars and are inclusive of GST for Australian customers. Prices are subject to change without notice. We reserve the right to make adjustments to information or pricing due to typographical errors, market fluctuations, manufacturers price changes etc. that may occur at any time.
10. The Customer expressly authorises Snake Bite to communicate with it via whatever means are provided regarding any order the Customer places on this Website, the Customer's account and/or credit status and other confidential information including the Password which the Customer must enter to access this Website.
Product Information, advertising and links to third party websites
1. This Website contains information on goods and services which the Customer may purchase including inter alia product descriptions and specifications. The product descriptions & information is provided with no guarantee’s or implied warranty. We do our best to make sure information provided is accurate, but mistakes and errors can sometimes occur.
2. This Website contains hyperlinks and pointers to other websites operated by third parties. These linked websites are not controlled by Snake Bite, and Snake Bite is not responsible for the contents of any linked website or any hyperlink contained in a linked website. The hyperlinks are provided as a convenience only, and the inclusion of any hyperlink on this Website does not imply any endorsement of the linked website by Snake Bite, its affiliates, proprietors or employees. The Customer links to any such website entirely at its own risk.
3. This Website may also contain third party advertisements (including banner ads, partial and full page advertisements) which may contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and must not be construed as either recommendations or endorsements by Snake Bite, its affiliates or their directors or employees. The Customer is referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.
4. In some instances, the advertisement may contain representations or offers by the third party advertiser which the Customer may accept by linking to the advertiser's website and executing the relevant transaction. Such offers are made by the third party advertisers and not Snake Bite, and the third party advertisers are solely responsible to the Customer for the delivery of any goods or services the Customer purchases on the third party websites.
Disclaimer and limitation of liability
1. The Trade Practices Act and similar State and Territory Legislation in Australia may confer rights and remedies on the Customer in relation to the provision by Snake Bite of this Website (including the various functions contained on this Website) which cannot be excluded, restricted or modified ("Non-excludable Rights"). Snake Bite does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
2. Except as provided for by the Non-excludable Rights: a) this Website (including all Content and functions) is provided "as is" and without warranties of any kind, either express or implied, b) Snake Bite and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) Snake Bite does not warrant that any functions on this Website (including inter alia the Customer's access to this Website) will be uninterrupted or error-free, that any defects will be corrected or that this Website or the server which stores and transmits Content to the Customer or any other person accessing this Website are free of viruses or any other harmful components, d) Snake Bite does not warrant or make any representations regarding any the Customer's access to, or the results of the Customer's access to, this Website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
3. Under no circumstances (including but not limited to any act or omission on the part of Snake Bite) will Snake Bite or its affiliates be liable for any indirect, incidental, special or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, this Website or any Content.
4. To the fullest extent permitted by law, Snake Bite liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Snake Bite to the following:
in the case of services supplied or offered by Snake Bite,
(a) the supply of the services again, or
(b) the payment of the cost of having services supplied again; and
in the case of goods supplied or offered by Snake Bite,
(c) the replacement of the goods or the supply of equivalent goods,
(d) the repair of such goods,
(e) the payment of the cost of replacing the goods or acquiring equivalent goods, or
(f) the payment of the cost of having the goods repaired.
Snake Bite warrants that it will repair, or at its option replace, any of the goods which in its opinion are defective because of faulty materials or workmanship. Where the same item is unavailable we reserve the right to substitute with a similar item. No warranty claims will be accepted without proof of purchase. In the event that goods are to be returned for warranty please contact our service department who will issue you with a Return Authorisation (RA) number. For this process we require invoice number, customer details and reason for return. [see section on returns] No returns of any type will be accepted without an RA number. The benefits conferred by this warranty are in addition to the rights and remedies to which the purchaser is entitled in respect of the goods under the Trade Practices Act and any relevant fair trading act or other consumer laws except to the extent to which such rights and remedies apply and cannot be excluded, the above warranty supersedes and excludes all representations.
Disclaimer and Indemnity
All goods supplied by Snake Bite are at the purchaser's risk immediately from delivery. However, title of the goods remains Snake Bite until the invoice is paid in full.
Prices are subject to change at the time of publication. Snake Bite reserves the right to vary and change the items listed in this price list. While every effort is made to ensure accuracy of information, Snake Bite cannot take responsibility for any errors and omissions.
Snake Bite shall not be responsible for any loss or damage howsoever caused to the property or person of the customer or any third party as a result of any defect in the goods whether patent or latent, and the customer indemnifies Snake Bite against any claims against it by any third party arising out of any such defects.
All items in this price list are subject to availability, changes in price, and changes to specifications from date of publication.
If Snake Bite is prevented from delivering the goods because of any act of God, war, strike, lock-out, industrial dispute, government legislation or intervention, fire, flood, transport delays or any other cause beyond its control then it shall be entitled at its option to either extend the time for delivery until a reasonable period after such cause has ceased or to terminate the sale and in neither case shall the purchaser have any claim for loss or damage against Snake Bite.
All freight charges are the responsibility of the customer. Snake Bite will accept no responsibility whatsoever for goods lost or damaged in transit. If insurance is required we suggest you contact your insurance company to ensure your goods are adequately covered.
Title To Goods
The goods shall remain the absolute property of Snake Bite as legal and equitable owner and property in the goods shall not pass to the purchaser until the purchase price has been fully paid.
Until the purchase price has been fully paid:
1. The relationship between the purchaser and Snake Bite is a fiduciary relationship and the purchaser shall hold the goods as bailee for Snake Bite in such manner as to clearly identify them as being the property of Snake Bite.
2. The purchaser shall insure the goods and shall indemnify Snake Bite against any loss or damage to the goods arising after delivery to the purchaser.
3. The purchaser shall notify Snake Bite promptly of any levy of execution by the third party against the goods.
Trademarks of Snake Bite and its affiliates
1. The following trademarks which appear on this Website are owned by Snake Bite and its affiliates.
2. All other trade marks on this Website, registered or otherwise, are trade marks of their respective owners.