Grays Mideast Agreement

The following terms and conditions govern the Service that we offer at the Site ("User Agreement"). Please read these terms and conditions carefully. By accessing and using, and each time you purchase an item through, the Service, you agree to be bound by the User Agreement and to comply with all applicable laws, rules and regulations, including in relation to privacy.

1 GENERAL

1.1 Terms and conditions

  1. Capitalised terms used throughout the User Agreement have the meaning given to them in clause 17.
  2. The terms and conditions contained in the User Agreement set out what you must do and what you must not do when using the Service. It also sets out our obligations to you. If you breach any of these terms and conditions, we may block your access to the Service, suspend or terminate your account, or commence legal proceedings against you. Please take time to read these terms and conditions and make sure you understand them. If you have any questions, please contact our customer service team at customerservice@graysMideast.com
  3. We may amend the User Agreement from time to time by posting new terms and conditions on the Site. Unless otherwise specified, these amendments will usually take effect 7 days after the changes have been posted on the Site. You should check the Site from time to time, and in any case each time you intend to make a purchase, for any amendments to this User Agreement. If you continue to use the Service after any amendments to this User Agreement will constitute your acceptance of the new or amended terms and conditions applying to the Service.
  4. Please note that additional conditions governing the Service and your relationship with us are contained in other pages or documents on Site and unless those conditions conflict with these terms and conditions, they will be incorporated into and will form part of the User Agreement. In particular, please carefully read all information relating to the Product Information, Returns Policy, Item Page or Sale Overview which contains important information relevant to each particular product on the Site.

1.2 Use Of The Service

  1. The Service is provided to you personally. When using the Service, you must not re-sell access to the Service to another person or make commercial use of the Service. Unless otherwise agreed with us, you must not:
    1. not establish or attempt to establish an application program interface (API) with the Service or the Site;
    2. use any spider, screen scraper, robot or any other automated system or software to use or access the Sites, or to extract data from, or copy, download or monitor the Sites for commercial purposes, without our prior written consent.
  2. We may amend or remove any information on the Site at any time without prior notice to you. Without limiting the reasons for which we may do so, we may amend or remove information if a government department, government agency or law enforcement agency informs us that it is in contravention of, or may contravene, any law, industry code of practice, policy guideline or regulation.
  3. Without limiting any other remedies available to us, we may suspend or terminate your account if we reasonably suspect that you may have engaged in fraudulent activity in connection with the Site, or if required by law.

1.3 Obligation To Maintain System Integrity

  1. You must not take any action that might interfere with the operation of the Service.
  2. You must not use any device, software or instruction to interfere or attempt to interfere with the proper working of our Site or any sale being conducted on or through our Site.
  3. You must not take any action which imposes an unreasonable or disproportionately large burden on our infrastructure.
  4. You must not disclose or share your password to or with any third parties or use your password for any unauthorised purpose.
  5. You are solely responsible for your transmissions through the Service. You must:
    1. not forge communications or take any other action which would disguise the origin of the communications transmitted by you through the Service;
    2. not allow another person to transmit communications that falsely identifies your account as the origin of such a communication;
    3. not interfere with or disrupt networks connected to the Service;
    4. not use the Service for illegal purposes; and
    5. comply with all regulations, policies and procedures of networks connected to the Service which either apply by operation of law or are referred to in a Site.
  6. We reserve the right to determine whether or not your conduct is consistent with the User Agreement. We may, in our sole discretion, immediately terminate your Account and use of the Service if your conduct is deemed by us to be inconsistent with the User Agreement.

2 REGISTRATION

2.1 Registering for use

  1. You must register your details with us to use the Service (your "Account"). Registration is free and does not oblige to you purchase anything.
  2. You must not use false or misleading information when registering or using the Service. Your obligations to us won't be reduced for any reason including where (for example) you use a false name. If your details have changed since you last used the Service, you must provide us with the updated details. We are not responsible for any loss or damage (including misdirected emails or deliveries) which may occur because you have not provided us with complete and accurate information.
  3. When you register for the Service, you must choose your user name and password. You must have a valid user name (or "login") and password before you can buy items on the Site. You are responsible for the security of your user name and password. You agree that we are entitled to assume that anyone using your user name and password is authorised by you. Unauthorised access and use of your details will, under no circumstances, reduce your liability in connection with using the Service. This includes your obligation to purchase an item which may result from use of your user name and password. You must notify us immediately if you become aware of any unauthorised use of your user name or password or of any other security breach.
  4. We may send notifications to you by e-mail of:
    1. sales confirmation for purchased goods;
    2. the status of your delivery, if applicable;
    3. a copy of your invoice, if applicable;
    4. newsletters and other promotional events and offers, unless you tell us you do not wish to receive these communications when you complete your registration form; and
    5. requests to participate in customer feedback.
  5. However, we accept no liability for any loss or damage incurred if, for whatever reason, you do not receive such notifications.
  6. You may request that your Account be closed by emailing us a closure request, to customerservice@graysMideast.com
  7. You may request that your Account be closed by emailing us a closure request, to customerservice@graysMideast.com
  8. We will only close your account if:
    1. any active purchases has been concluded, and
    2. you have all paid everything you owe to us in cleared funds.

2.2 Eligibility to participate

You must be able to form legally binding contracts to use the Service and without limitation, you must not use the Service if you are:

  1. under 18 years of age;
  2. an undischarged bankrupt; or
  3. under any type of insolvency administration, where you are a company.

2.3 Registration process

In order to be eligible to make purchases using the Service, you must provide details of an acceptable credit card sufficient to make online payments. As part of the registration process, we may charge a nominal amount (AUD$1) to your credit card and then re-credit that amount to the same credit card (which usually takes no more than one week). These transactions may appear in your credit card statement. By registering, you irrevocably authorise us to process these transactions.

2.4 Your information

  1. "Your information" includes any information you provide us at any time, including when you register to use a Service.
  2. You are solely responsible for Your Information. However, we may deal with Your Information if we deem it necessary or appropriate for example; if we believe Your Information may create any liability for us. In dealing with Your Information, we will always act reasonably.
  3. You must ensure that Your Information:
    1. is true, accurate and complete;
    2. is not false or misleading;
    3. does not infringe any other person's rights (for example intellectual property rights) or privacy;
    4. is not contrary to any applicable law or industry code of practice;
    5. is not defamatory, threatening or harassing;
    6. is not obscene or pornographic; and
    7. does not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming instructions that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
  4. You must not do or allow to be done anything involving the Service which:
    1. may be contrary to any applicable law or industry code of practice, or
    2. is prohibited by the User Agreement.

3 YOUR RIGHTS AND OBLIGATIONS

3.1 Bidding at Auction

  1. When you use the Service to bid at an online auction, you are making an offer to buy the item at your bid price. If your bid price is the Winner's Bid Amount, you will be the Winning Bidder and you must purchase the item you have bid for and pay the Winner's Bid Amount, plus any additional charges that you may be obliged to pay.
  2. Please take care when making a bid as once your bid is placed, it cannot be withdrawn.
  3. Please take care when setting an Autobid, as once your Autobid is placed, it cannot be altered or withdrawn.
  4. It is your responsibility to read the Product Information, Sale Overview and Lot Page relating to any item listed for auction on the Site. Please do not rely solely on the title summary or any photographs of the item posted on the Site for a complete description of an item. You must not assume that the description or photograph of the item in any way offers an opinion or an assessment of the suitability of an item for you. If a photograph is provided, please use it as a guide only.
  5. Please make sure you understand the delivery and payment terms, including any amendment to those terms and conditions as outlined in the item's description or in the Sale Overview and Lot Page. Usually a Buyer's Premium, and other charges including a delivery fee, may apply to online auctions (please refer to clause 3.4 for examples of additional charges).
  6. You must not engage in bid manipulation.

3.2 Reserve Prices

The vendor may choose to nominate a minimum reserve sell price on an asset. If your bid is lower than the reserve price a notification of "Reserve not met" will appear. Once bidding meets or exceeds the reserve price the “Reserve not met” label will be removed and the highest bid for each item on the lot at the end of the auction will win the asset. Please note that when you confirm your bid, it is still accepted as a valid bid even when the "Reserve not met" label is shown.

3.3 Reserve price not met at end of auction

  1. If the reserve price has not been met at end of auction, the highest bidder below reserve may be contacted.

3.4 Your obligation to pay

  1. If you are the Winning Bidder in an online auction, you must pay:
    1. the Winners Bid Amount; and
    2. the Buyer's Premium; and
    3. any other fees and charges specified in the Sale Overview and Lot Page, and including but not limited to tax, delivery and insurance charges, (the "Invoice Amount")
    4. due to us by of direct deposit (telegraphic transfer), IN FULL (NO part payments) by Cash paid via Direct Deposit into our bank account within two (2) working days from sale closing date. Note that bank, personal & business cheques are not accepted as cleared funds & that goods purchased will not be released for delivery or pick up until funds have cleared (up to three working days) through the GraysMideast bank account. Cash payments will not be accepted at pick-up sites.
  2. If you:
    1. refuse to pay or otherwise fail to complete the purchase of an item when you are the Winning Bidder or
    2. do not comply with the terms and conditions of the User Agreement we may, in our absolute discretion:
      1. sue you for all money owing to us, including any Buyers Premium and lost income;
      2. resell the item in any manner and on such conditions as we see fit without notice of resale to you and claim the net shortfall (between the Invoice Amount and the resale price received after deducting all expenses (as specified in (C)) (if any) from you; or
      3. charge you a cancellation fee of $250.00 USD or 20% of the Invoice Amount (whichever is the greater) to cover cost of resale of the item, lost commission and Buyers Premium (if any), administration costs, restocking costs, additional costs including advertising, insurance, transportation, storage and any other reasonably incurred expenses incurred in reinstating us to the same position as if the item was sold to you;
  3. Notwithstanding that you have been notified that you are a Winning Bidder, we may in our sole discretion choose to withdraw and not proceed with completion of the sale of the item if:
    1. you don't pay the Invoice Amount into a bank account nominated by us within 2 working days of the Winning Bidder placing the Winner's Bid Amount; or
    2. we are unable to contact you for any reason.
  4. If you fail to comply with any of these terms and conditions, any money which you paid to us on deposit on account of any purchases of an item may be forfeited to us. We may also sue you to recover the balance of the Invoice Amount and any other amounts owing to us under these terms and conditions. In exercising our power of forfeiture, we will not act unreasonably.

4 RETURNS OF GOODS

  1. In the case of Consumer Sales (excludes Vehicles, please refer to the relevant Sale page for conditions of sale) in addition to any obligation that we may have under the Australian Consumer Law, we warrant that the goods:
    1. are of acceptable quality;
    2. are fit for the purpose for which goods of that type are ordinarily used; and
    3. match the description of them on the Site (other than minor differences),
    4. for 30 days after sale.
  2. Subject to our absolute discretion, you may not return items to us because you change your mind.
  3. If you wish to return an item because it:
    1. was damaged in transit where we are responsible for delivery; or
    2. does not match the description of the item on the Site (other than minor differences); or
    3. is faulty,
      1. you must email our customer service team at customerservice@graysMideast.com within 30 days of the sale, providing full details of the sale and the reason for return. We will email you a returns advice form (stating, amongst other things, the address to which the item must be sent) which must be included with the returned item ("returns advice").
  4. If we email you a returns advice and we do not receive a response from you or receive the returned item from you within 10 working days, you will not be entitled to reject the item subject to any rights you may have under the Australian Consumer Law.
  5. Within the first 10 working days of us receiving a returned item, the item will be inspected and tested to determine its condition and, if the item is found to be in good working order (and your claim as to the faulty nature of the item is reasonably determined by us to be invalid), the item will be returned to you and you will be charged all freight charges incurred by us in relation to the return and re-return of the goods. We may charge your credit card with all costs incurred by us as a result of this process.
  6. Subject to our obligations under the Australian Consumer Law, if, when we receive a returned item, we determine that the item is faulty or damaged or incorrectly described or does not meet a consumer guarantee, we will, within 21 days, either refund, replace or repair your goods – the choice of remedy available dependant on whether the fault is a major or minor failure. The benefits of any warranty provided to you under this clause are provided in addition to any other rights or remedies that you may have under any law in relation to the item to which this clause relates.
  7. In relation to any Consumer Sales that are covered by guarantees under the Australian Consumer Law, our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or a refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
  8. If an item is described on a Site as being in a faulty or damaged condition or as second-hand, used, ex-lease or demo, you acknowledge that condition when choosing to buy that item. We accept no liability for, any subsequent claim for any loss or damage incurred by you on account of the faulty or otherwise damaged condition of the item.
  9. If a sale of a motor vehicle is a Consumer Sale, clause 4 does not apply. In that case, an outline of the warranty which applies to the sale, will appear on the Item Page. Nothing in this clause restricts or excludes any rights under the Australian Consumer Law.
  10. To the extent permitted by law, we exclude all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom, except any express term of this User Agreement or any guarantee, implied term or right conferred under any legislation (including the Australian Consumer Law), the exclusion of which would contravene legislation or cause part or all of this clause to be void.

5 REFERENCE TO RETAIL PRICES

  1. In certain circumstances, an item for sale on the Site may display the manufacturer's original retail price ("ORP"). Please be aware that this is not a reference to the current recommended retail price of the goods but rather a reference to the retail price supplied by the manufacturer, distributor or retailer of the item at the time of the item's original sale. That price may not be current retail price as at the time of the sale. We take no responsibility for the display of ORPs on any item listed on the Site. You must satisfy yourself as to the value of the item being sold.
  2. In certain circumstances, an item for sale on the Site may include reference to the manufacturer's Recommended Retail Price ("RRP"). Usually if a RRP is included with a sale item, the RRP has been supplied by the Vendor of the item and we assume the Vendor believes the RRP is current at the time the item is placed on the Site for sale. We accept no responsibility for the accuracy or otherwise of any RRP included on any item listed for sale on a Site. We suggest that you independently satisfy yourself as to the value of the item being sold.

6 MANUFACTURER'S LIABILITY

  1. To the extent permitted by law, we do not provide any representation or warranty in relation to any manufacturer's warranty that accompanies this product. In particular, we do not represent that the manufacturer's warranty is compliant with the Australian Consumer Law. However, your rights in relation to any manufacturer's warranty do not affect your rights in relation to any consumer guarantee under the Australian Consumer Law or warranty provided by us.

7 OUR RIGHTS

7.1 Suspension from use of service

  1. We may refuse you the right to use the Service if you:
    1. do not pay for the item and/or refuse delivery of the item; or
    2. give information which is untrue, inaccurate or incomplete.
  2. We may suspend, cancel or terminate your access to the Service if you breach or fail to observe this User Agreement or for any other reason at our discretion. However, we will not exercise our discretion unreasonably.
  3. If we suspend your access to the Service, you may not register again without our express written consent.

7.2 False or Misleading Conduct

  1. If you use a false name to use the Service or buy items with a stolen credit card, we will not be deemed to have accepted your order, even if our software initially accepts an order. We intend to refer fraudulent users to the police and to your Internet Service Provider.
  2. You may be sued for any losses suffered by any person arising out of any illegal action.
  3. If your credit card balance is insufficient to meet all money due to us, or a chargeback is made on the credit card then in addition to all other remedies available to us under the User Agreement, we may immediately institute proceedings against you for any amount owing to us or any other person.

7.3 Our rights upon breach by you

We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your registration Account (including any other information you place on the Site) if you breach the User Agreement or if we are unable to verify or authenticate any information you provide to us.

7.4 Our Rights as agent and/or seller

  1. We may withdraw and/or re-offer an item for sale at any time if the item:
    1. becomes unavailable due to damage;
    2. has uncertain ownership, or is withdrawn by the manufacturer, distributor or Vendor;
    3. is no longer in stock or has uncertain ownership;
    4. has been erroneously listed twice;
    5. is incorrectly described; or
    6. is incorrectly priced.
  2. We also reserve the right to change, without notice to you, the:
    1. quantities of products posted;
    2. maximum number of items which you may buy

7.5 Proprietary rights

You acknowledge that content, including data, text, software, music, sound, photographs, video, graphics or other material contained in any form, including advertisements or commercially produced information presented to you through the Service and the Site by us, or our advertisers or other content providers, ("Services Content") may be protected by copyright, trademarks, service marks, trade secrets, patents, database rights, moral rights, publicity rights, confidentiality or other intellectual property rights, proprietary rights and laws. You acknowledge that you may use the Services and Services Content for your own information needs only, and that all right and title (including intellectual property rights) in the Services Content remain with Grays or licensors (as applicable). You may not further copy, modify, edit, reproduce, create derivative works or materials, republish, upload, post, transmit, or distribute in any way the Services Content for any party not directly associated with you or your company.

8 LIABILITY AND INDEMNITIES

8.1 Our liability to you

  1. We provide the Site and the Service without any express or implied warranty or condition concerning the capacity or availability of the Site or the Service.
  2. Neither we nor our suppliers will be liable for any Consequential Loss (however arising, including negligence) arising out of or in connection with the delivery of the Service or the sale of any goods. However, this does not affect your rights in relation to consequential loss in connection with any consumer guarantee under the Australian Consumer Law (as defined in that Act).
  3. We do not make any representation or warranty, and you must satisfy yourself that:
    1. the sale of any goods using the Service (and the possession of the goods to any country or territory outside of Australia) will not infringe the trade mark, copyright, patent and other intellectual property rights of any person; and
    2. the goods comply with any import requirements in any country or territory into which they are imported by you.
  4. We do not guarantee continuous, uninterrupted or secure access to the Service. Operation of the Sites may be restricted by factors outside of our control or during maintenance.
  5. You acknowledge that the internet can be an unstable and, sometimes, insecure environment. At times the Service may not be available and offers may not be processed or accepted.
  6. We cannot guarantee that we will notice or be able to prevent any illegal or inappropriate use of the Site.
  7. We cannot guarantee the preservation of any record, particularly after the provision of the Service to you has been suspended, cancelled or terminated and may delete information at our sole discretion and without notice to any person.

8.2 Limitation of our liability to you

  1. In relation to the items sold, and subject to the Australian Consumer Law, we will endeavour to:
    1. provide accurate descriptions to fairly reflect each item;
    2. pass free and unencumbered title to the items to you; and
    3. ensure that each item listed on the Site is available in the quantities indicated.
  2. To the extent permitted by law, all express or implied conditions or warranties in connection with the Service, the Sites and the sale of any goods are excluded.
  3. We do not exclude liability under any guarantee, condition or warranty which cannot be excluded by law ("non-excludable liabilities"). For example, we do not exclude guarantees under the Australian Consumer Law that apply to goods we sell. However, to the fullest extent permissible by law, we expressly limit our liability for breach of a guarantee, condition or warranty implied by virtue of any law at our option:
    1. in the case of goods supplied:
      1. the replacement or repair of the goods;
      2. the supply of equivalent goods; or
      3. making a full refund to you.
    2. in the case of services supplied:
      1. supply of the services again;
      2. payment of the costs of having the services supplied again; or
      3. making a full refund to you.
  4. Except in relation to non-excludable liabilities, our aggregate liability to you arising directly or indirectly in connection with your use of the Service or under or in connection with this User Agreement, and whether arising under any indemnity, statute, in tort (for negligence or otherwise), or on any other basis in law or equity, is limited to an amount not exceeding the total amount you have paid us in connection with the goods or services in respect of which the liability arose

8.3 Indemnities

  1. You agree to indemnify and defend us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives (the "Indemnified Parties") harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by the Indemnified Parties arising out of or in connection with the performance of their obligations as described in the User Agreement including the legal costs, fees and expenses of defending ourselves against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of your negligent act or omission on a full indemnity basis.
  2. You further agree to indemnify and hold us, and the Indemnified Parties harmless from any claim or demand, including legal fees on a full indemnity basis), made by any third party due to or arising out of a breach of the User Agreement by you.
  3. You further agree to indemnify and hold us, and the Indemnified Parties harmless from any claim or demand, including legal fees on a full indemnity basis), made by any third party due to or arising out of an infringement by you, or other user of the Service using your user name and password, of any intellectual property or other right of any person or entity.

9 COLLECTION, DELIVERY, RISK & IMPORT/EXPORT

9.1 Collection

  1. Please carefully familiarise yourself with the all details concerning collection and/or delivery of items as set out on the Item Page and in this clause.
  2. We may withhold dispatch of any item until you have paid everything owing to us.
  3. Whenever you visit any place where goods are stored to inspect or collect them, you must comply with:
    1. any law relating to occupational health and safety;
    2. any directions or warning we have given about goods on the Item Page or by other written notice to you;
    3. any directions given by us or anyone authorised by us when inspecting or removing any goods from any location.
  4. You acknowledge that you inspect or remove goods at any location at your own risk.

9.2 Delivery

If a delivery option is offered for purchased goods you appoint Graysmideast to act as your agent solely to engage a courier on your behalf to receive at the point of dispatch or embarkation and delivery them to your nominated delivery address,

9.3 Risk

  1. Collection only goods - Goods are purchased and risk passes to you on an ex-works basis (as defined by Incoterms® 2010).
  2. Delivery option goods – Goods are purchased and risk in the product passes to you at the point of dispatch or embarkation by us to your courier on an FCA basis (as defined by Incoterms® 2010).

9.4 Title

Title to goods will pass to you at the later of:

  1. the time risk in those goods passes to you in accordance with clause 9.3 of this agreement; and
  2. the time we receive payment for those goods in full.

9.5 Taxes and permits

You understand and agree that as the purchaser you will be recorded as the importer or exporter of the goods and will be responsible for the organisation and/or submission of any required permits and payment of any taxes, duties or other costs related to the import or export of the goods.

10 CONTRIBUTING CONTENT

When you submit any information or content to us in any format including but not limited to, text, graphics (images), video or audio you grant us a non-exclusive, royalty-free and perpetual licence to use that content in our published or transmitted materials using the details supplied by you as the author/provider of the content. Further to this you acknowledge and warrant that:

  1. You hold all the necessary intellectual property rights (including copyright) in the content you submit.
  2. Your submitted content does not infringe any law and is not defamatory.
  3. You indemnify us against any legal fees, costs and damages that may be incurred by us as a result of a breach of the above warranties in this clause.

11 PRIVACY

  1. Our Privacy Statement (as it appears from time to time) is available on the Site. We will take all reasonable steps to abide by this policy and all Users of the Sites agree to abide by the policy when using a Site.
  2. If you do not agree to the collection of this information and the other information specified in the Privacy Statement, then you may not use the Site.
  3. By registering with the Service and accepting the User Agreement, you also consent to:
    1. collection of a variety of personal information which is specified in greater detail in the Privacy Statement. This information includes your address, gender, and date of birth and contact details; in some cases, credit card details, buying activities; and your use of our Site generally;
    2. use of your personal information for certain purposes specified in greater detail in the Privacy Statement. These purposes include internal use for improving the Service; meeting our obligations under any international, national, state or federal law; statistical analysis of usage of our Sites to improve the Service; to utilise our content and product offerings and deliver promotional material to you (if you have opted for this service); and administrative purposes connected with the Sites; and
    3. us disclosing your information in the circumstances specified in the Privacy Statement.

12 CHOICE OF LAW

This User Agreement is governed by the law of New South Wales, Australia, and you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any court that may hear appeals from those courts. You acknowledge and agree that it is your intention that this jurisdiction and choice of law clause applies.

13 GST

The Item Page will state whether the sale price of an item is inclusive of GST (GST Inclusive) or exclusive of GST (GST exclusive).

14 Force Majeure

A party's failure to perform in a timely manner (other than a failure to pay an amount when due under this User Agreement) is be excused to the extent caused by conditions beyond the reasonable control of the affected party and which it could not, by reasonable diligence, have avoided. Such conditions may include but are not limited to natural disaster, fire, accidents, actions or decrees of governmental bodies, strikes, acts of God, wars (declared and undeclared), acts of terrorism, riots, embargoes, civil insurrection, acts of vendors and suppliers, and concealed acts of employees or contractors, but shall not include a lack of funds or insufficiency of resources caused by lack of funds. The party affected must immediately give notice to the other party of such delay and must resume timely performance as soon as such condition is terminated. If the period of force majeure exceeds sixty (60) days from the receipt of notice, the affected party may terminate the User Agreement

15 Agency

This User Agreement does not create any relationship of agency, partnership, joint venture or employment between You and us, and neither you nor your agents have any authority to bind us in any respect whatsoever.

16 General

  1. This User Agreement, and the documents and Site pages referred to herein, constitutes the entire agreement between the parties and supersedes all previous understandings or agreements, written or oral, in connection with their subject matter.
  2. If any provision of this User Agreement is deemed or held to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from this User Agreement without affecting the enforceability of the remaining provisions used in this User Agreement.
  3. Headings are used in this User Agreement for convenience only and are not to be relied upon.
  4. A delay by a party in exercising a right will not amount to a waiver of that right, and a waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.
  5. You may not assign your rights under this User Agreement to any person without our prior written consent, which we will not unreasonably withhold.
  6. Except as expressly stated otherwise in this User Agreement, the rights of a party under this User Agreement are cumulative and are in addition to any other rights of that party.
  7. Unless expressed to the contrary, in this User Agreement:
    1. words in the singular include the plural and vice versa;
    2. any gender includes the other genders;
    3. if a word or phrase is defined its other grammatical forms have corresponding meanings;
    4. "includes" means includes without limitation; and
    5. no rule of construction will apply to a clause to the disadvantage of a party merely because that party put forward the clause or would otherwise benefit from it.
  8. Unless express to the contrary, in this User Agreement a reference to:
    1. a person includes a partnership, joint venture, unincorporated association, corporation and a government or statutory body or authority;
    2. a person includes the person's legal personal representatives, successors, assigns and persons substituted by novation;
    3. any legislation includes subordinate legislation under it and includes that legislation and subordinate legislation as modified or replaced; and
    4. an obligation includes a warranty or representation and a reference to a failure to comply with an obligation includes a breach of warranty or representation.

17 DEFINITIONS AND INTERPRETATION

  1. Australian Consumer Law has the meaning given to that term in section 4 of the Competition and Consumer Act 2010 (Cth).
  2. Consumer Sale means a Consumer Sale within the meaning of the Australian Consumer Law and, where applicable, includes a "Buy Now" Sale. That is, sales to consumers where guarantees and implied conditions or warranties cannot be excluded by law.
  3. Consequential Loss means:
    1. any Losses suffered by a party that cannot reasonably be considered to arise naturally from that breach or event or events giving rise to the losses;
    2. any and all consequential, special, indirect, exemplary or punitive Losses; and
    3. any and all loss of profit, loss of revenue, loss of goodwill and loss of savings,
    4. whether arising in contract, tort (including negligence) or equity or under statute.
  4. Item Page means the page that contains the special terms and conditions and attaching to a particular good for sale.
  5. Loss means any liabilities, losses, damages, costs and expenses (including legal costs and expenses, regardless of whether incurred or awarded) arising in contract, tort (including negligence) or equity or under any statute.
  6. Privacy Statement means that statement contained in the Privacy & Security Section of the Sites.
  7. Product Information means any information posted by us on a Site in relation to any item posted by us for sale on the Site. Returns Policy means that policy contained in the Returns Policy section of the Sites.
  8. Sale Overview means the special terms and conditions and specifications attaching to a particular good which are accessed by the potential buyer upon entry to the Item Page for that particular good. Service means the services offered by us at the Site.
  9. Site means the website at www.graysMideast.com
  10. User Agreement means these terms and conditions which you are deemed to have agreed to when you register for the Service.
  11. Us/we/our means Grays NSW Pty Limited ABN 35 003 688 284 and to our subsidiaries, associates, related corporations, business partners, joint venturers, affiliates, representatives and employees.
  12. Vendor means the supplier or manufacturer of goods sold through "Buy Now" Sales.
  13. You/your means you, the user of the Service

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