General Terms and Conditions

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General Terms and Conditions

Introduction
Information on the Web site
Placing Order / Pricing
Delivery / Collection
Delivery time
Returns / Refunds / Cancellations
Software - Restrictions of Use
Warranty General
Warranty for KGB manufactured/developed items
Warranty Claim
Warranty turnaround time
Payment
Default in Payment
Liability
Retention of Title
Disclaimer
Obligations of the Customer
Provision of Credit
Differences and Complaints
Trade Marks
External Links
Warranties regarding material and information
Disclaimer of Liability
Waiver
Severability
Governing Law
Version

1. Introduction

The following terms and conditions apply to your use of the "KGB eCommerce" web site ("the web site") owned and operated by KGB eCommerce Pty. Ltd. (Australian Business Number) ABN 63136982897 and any company member or subsidiary member of its group, (herein after referred to as "KGBe"; or the "Owner"), and its visitors and customers.
The Web site Owner, including subsidiaries and affiliates ("owner" or "Web site Owner" or "we" or "us" or "our") provide the information contained on this web site or any of the pages comprising the web site ("web site") to visitors and customers (cumulatively referred to as "you" or "your" or the "Customer") subject to the terms and conditions set out in these "General Terms and Conditions", the "KGB SoftwareTerms and Conditions", the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this web site, collectively referred to as the "Terms and Conditions".
Your use of the web site indicates your acceptance of these "Terms and Conditions". These "Terms and Conditions" are subject to change by KGBe. KGBe may change the content of its "Terms and Conditions" at any time without any prior notice to anyone.
By becoming registered to be a member with KGBe, the Customer herein agrees to be bound to the "Terms and Conditions" listed on this web site.

2. Information on the Web site

Whilst every effort is made to update the information contained on this web site, neither the Web site Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any price information, research information, data and/or content contained on the web site (including but not limited to any information which may be provided by any third party or data or content providers), the "information" and shall not be bound in any manner by any information contained on the web site.
The Web site Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this web site.
No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes.
You and your company rely on the information contained on this web site at your own risk.
If you find an error or omission at this site, please email: webmaster at kgb dot com dot au.

3. Placing Order / Pricing

Any Quotation made by KGBe is not an offer to sell, and no order given in pursuance of any Quotation shall bind the company unless accepted by it. Unless otherwise agreed in writing, all orders are subject to acceptance by KGBe within seven (7) days of receipt by KGBe of the customer's offer.
All pricing is in Australian dollars and exclusive of GST unless otherwise stated. In accordance with Australian law GST will be charged where items are delivered to an address within the boundaries to which Australian GST must be applied. Please note that pricing and stock availability are subject to change without prior notice. KGBe reserves the right not to sell below its cost. Errors and omissions excepted.
Where the option is available for the Customer to view prices in currencies other than Australian dollars, prices are indicative only, and the rates used to calculate the price to the Customer will be determined by the financial institution or processing facility used to process the transaction. KGBe will not be responsible for any errors in the indication of prices that are not in Australian dollars.
Customers residing in Australia or its territories must pay for their order in Australian dollars. At the discretion of KGBe, customers outside Australia or its Territories may pay using other currencies. Any costs associated with exchanging non-Australian currencies to Australian dollars will be borne solely by the Customer.
All orders placed are subject to confirmation and acceptance by KGBe, this includes pre-paid orders, eg. direct deposit etc.
KGBe may vary prices in the event of price changes or mistakes made by suppliers on reasonable prior notice to you. If KGBe requests payment for increased prices, you may cancel the order by giving notice to KGBe, which must be received within seven days of the announcement of the increase.
To minimise errors and improve efficiency, orders should be placed using our on-line ordering system whenever possible.
Quantity in stock displayed on the web site should be considered as a guide only. Quantity in stock does not take into account the orders already placed which are yet to be processed. It is possible that an order placed earlier will receive the allocation of the part in which the quantity for it showed as in stock at the time of your order. Inventory discrepancy can also affect the accuracy of the stock status displayed on the web site.
Price may vary depending upon location due to freight costs and other logistical requirements.
Overcharge on freight will be credited only when orders have been paid for in full and there are no outstanding or pending claims by the Customer.
KGBe reserves the rights to adjust freight cost at any time.

4. Delivery / Collection

We only ship to PO Boxes after the customer has provided a valid reason. KGBe holds the right to refuse to ship to PO Boxes if no satisfactory reasons are provided.
We do not ship to third party addresses unless that address is known and can be verified by KGBe.
Where permitted by KGBe, the Customer may, at their own expense, arrange collection of products from KGBe at its premises. Alternatively, KGBe in its sole and absolute discretion may arrange physical delivery of products to the Customer at the Customer's business address, such delivery being at the cost of the Customer. The Customer shall be deemed to assume and shall be liable for loss or damage to products from the time they are placed on to the vehicle to transport them from KGBe's premises unless the Customer has insured the item when buying from KGBe.
Customers are responsible to have someone at the delivery address to sign for and accept the delivery. Cost for re-delivery attempts will be passed to the customers if the delivery address is unattended at the time of delivery.
After your order is placed, you will be sent an E-mail acknowledgement which will, where provided, include an Internet link with your order tracking number which can be used to track your order status.

5. Delivery time

Any date Quoted for delivery is an estimate only, and unless a guarantee shall have been given by KGBe in writing providing for liquidated damages for failure to deliver by the Quoted date, KGBe shall not be liable to the Customer for any loss or damage howsoever arising for failure to deliver on or before the Quoted date. The Customer shall accept and pay for Products, not withstanding any failure by KGBe to deliver by the Quoted date.
Customer purchases can be suspended for manual antifraud check for 10-20 minutes or for a longer term (around 20 hours) for more serious investigation. Antifraud check occurs because of the growing number of fraud transactions from persons who are not actual cardholders of the credit cards used during purchase. KGBe will not be responsible for delays occurring as a result of our antifraud check. Where overnight delivery or any other delivery, where an estimated delivery time is provided, the time will commence at the conclusion of our antifraud check. No refunds or allowances will be made due to delays resulting fron our antifraud checks.
Goods specially ordered in for the Customer, must be fully paid for prior to delivery and cannot be returned or exchanged without express approval from KGBe in writing. The latter case would still attract the normal restocking fee.

6. Returns / Refunds / Cancellations

There will be no credit given on order price difference, due to price drops. Please select carefully at the time when you place your order.
Returns for refund will only be accepted within 7 days of you receiving the goods. A restocking fee of 25% of the purchase price will be deducted. Returned goods must be in their original condition and include all the original packaging. Shipping and handling costs are not refundable.
Any incorrect, missing or damaged items received must be reported to KGBe within 24 hours of you receiving the delivery. This can only be done by E-mail, Fax or Phone.
If item(s) received is not what was ordered please do not open the sealed package in which it was sent. Any attempt to use the incorrect item will be deemed to be acceptance by the customer of the item(s) as a satisfactory substitute for the one that was ordered and no further claim can be raised thereafter.
KGBe owns the title of any extra goods shipped with your order that have been despatched in error.
If requested by KGBe, the Customer may be required to provide information so that KGBe can easily assist the Customer with any monetary refund or cancellation. This information may include member's names, address, home phone, work phone, credit card details and other relevant information required by KGBe. Failure to provide sufficient information may delay the refund or cancellation, KGBe is not to be held responsible for any delays regardless of the cause of any delays.
Any attempt to cancel an order must be made as soon as possible. Cancellations attempted after the despatching will result in the customer having to pay the shipping and handling charges on the package and the cost of shipping the package back.
Cancellations may be communicated by telephone, email or Fax. On Saturdays, Sundays and holidays by E-mail or Fax only. Phone contact is restricted to non holidays Monday to Friday 9.00am to 4.30pm AEST (Australian Eastern Standard Time) or AESDT (Australian Eastern Standard Daylight Time). In the event that phone contact is delayed or not possible during these hours please use E-mail and request a 'read receipt' when sending.
Cancellations for assembled system orders will incur a 15% cancellation fee. This is to reflect the labour cost and the depreciation for the used parts.
Cancellation for specially ordered items will also attract a 20% cancellation fee. This is to cover the return to stock fee applied by our suppliers and shipping cost.

7. Software - Restrictions of Use

By purchasing any software products from this store you agree to the following restrictions of use:

You will not resell or give these software products away to others without written consent from KGBe.
Each software product will only be installed on the number of domains for which you purchase a license.
Software products are provided on an "as is" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the software is borne by you.
Title, ownership rights, and all intellectual property rights of any software developed by KGBe shall remain with KGBe.
You have read the "KGB Software Terms and Conditions" and understand and accept all of the terms and conditions therein.

8. Warranty General

Warranty is provided on a back to base basis. Customers shall bear cost of shipping and insurance both ways or in the case of claims wehere a refund is permitted, the cost of shipping and insurance to return the item to KGBe. KGBe is not responsible for any parcel missing in transit either on its return back to KGBe or its subsequent return to the customer.

Goods returned for warranty must have Return Authorisation Number (RA#) which can be obtained by contacting our Service Department. The RA# must be clearly marked on the outside of the package with a brief description of faults enclosed. If proof of purchase is required, a copy of sales invoice must be included.

Goods returned for warranty should be properly packed to prevent damage during transit. Failure to do so may void the warranty. Replacement will only be given if goods are found faulty and returned to us within 14 days. No refunds will be given unless specifically stated herein. If goods are returned for warranty and no faults are found, a no fault fee of $40.00 will be charged. KGBe will not be liable to repair any goods where the damage has been caused in any way through the fault of the customer.

General warranty conditions for special categories of goods include :

ICs (integrated circuits), semiconductors or electronic components are generally not covered by warranty. This includes items marked as "NEW" under the products description. KGBe may, subject to us being satisfied that a defect was caused by defective workmanship or materials and was not caused by or was not substantially contributed to by other factors beyond our control, including (but not limited to) defective installation, maintenance, or repair; alterations or modifications of the product or excessive use, provide an exchange item at our sole discretion. Claims must follow the normal RA procedures listed elsewhere in these "Terms and Conditions".
NOS (New - old stock) items are normally runout stock that has been discounted. As the condition of these items has been beyond our control at some time these items are sold without warranty of any kind. In exceptional circumstances and solely at the discretion of KGBe a partial refund or replacement may be offered by KGBe. The cost of verifying items as faulty within a batch of components will be borne by the Customer.
DOA (Dead on arrival) items are eligible for refund or replacement. "DOA" items must be reported within 7 days from the time you receive your goods. Failure to report a DOA item within 7 days will result in you not being able to claim the item as a "DOA". This is particularly important for printers, monitors etc where the manufacturers have strict guidelines.
AS IS or UNTESTED items are sold without warranty of any kind and ordering any items noted as such indicates your acceptance of all risk in relation to products so noted. These items are usually heavily discounted and may require test equipment that is beyond the scope of non specialist companies. No refund, repair or replacement is available for these items under any circumstances.
USED items will carry either a "DOA" or "AS IS" warranty. As items of this nature usually can NOT be replaced, except in unusual circumstances. Warranty refund or replacement is at the sole discretion of KGBe. Items marked "USED and AS IS" are treated under the "AS IS" section above.

9. Warranty for KGB manufactured/developed items

Hardware items :
- Items manufactured by KGBe carry a 3 month limited warranty.
- Where items are proved by the Customer to be defective in manufacture KGBe at their discretion will replace or repair such items. Normal RA procedures must be followed.
- Interfacing items manufactured by KGBe is the sole responsibility of the customer and KGBe will in no way be held liable for the failure of the Customer to utilise or interface to any items manufactured by KGBe. Unless indicated in the items description, software, either operating or interface, is not supplied with KGBe manufactured items.
- Items manufactured by KGBe are provided on an "as is" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement and are for experimental use only. The entire risk as to the quality and performance of the item is borne by you. KGBe may agree to specific conditions in relation to warranty but these must be in writing, and agreed to by KGBe PRIOR to any purchase.
- The Customer will not hold KGBe responsible and will indemnify KGBe for any claims resulting from the use of equipment manufactured by KGBe. Where approvals are required to operate items manufactured by KGBe it is the customers responsibility to obtain such approvals at the Customers expense. KGBe will not be held responsible for any item manufactured by KGBe to fail to comply with any or all standards or approvals which the Customer at their sole discretion may seek.
Software items (terms subject to the "KGB Software Terms and Conditions") :
- Software as stated in Software Restrictions of Use is provided on an "AS IS" basis. Where software is proved to be faulty KGBe at its sole and absolute discretion may:
  1. reject any claim.
  2. rectify the fault in the software.
  3. refund an amount up to the purchase price of the software. Any refund will be conditional on the Customer providing proof to KGBe that the Customer has permanently disposed of any copies of the software and has not distributed the software in any form to any third party.
- Under no circumstance will KGBe be liable for any damages whatsoever of any kind as the result of faults in software developed by KGBe.
Custom designed items :
- Custom designs are subject to any terms and conditions that are agreed between the Customer and KGBe at the time the Customer places an order and in conjunction with any terms and conditions included in any Quotation relating to that item

10. Warranty Claim

Subject to and in conjunction with sections 8 and 9:

All new computer accessories sold by KGBe come with an one-year back to base manufacturer warranty unless stated otherwise.
Computer systems supplied by KGBe carry a one year parts and labour warranty. This warranty is not transferable. The system warranty only covers the system unit; it does not extend to any peripheral components such as monitors, keyboard etc. All the peripheral components are covered by standard manufacturer warranty.
Goods under warranty cover will be replaced or repaired by the manufacturers. No refund can be provided under any circumstances other than where specifically indicated herein.
KGBe is responsible for the handling of most products warranty processes. Warranties for individual parts we sell, other than items manufactured by KGBe, are provided by the manufacturers, not KGBe.
Warranty only covers the item(s) sold by KGBe. Warranty does not cover any other equipment used in conjunction with the item(s) sold by KGBe.
KGBe does not handle warranty claim for those goods where the manufacturer accepts direct warranty claims from customers. Most of the monitors, printers, notebooks etc are covered by direct manufacturer warranty.
In the event that normal stock lines, advertised in the KGBe price list are to be returned. A 25% restocking charge applies goods must be in original saleable condition and a copy of invoice attached. This applies within 14 days of delivery and at the sole discretion of KGBe an "RA" number and approval must be received before sending the goods and this must appear on returned goods and documents.
Please complete the online warranty return form to obtain "RA" number form KGBe and clearly mark goods with same, attaching copy of original purchase invoice, KGBe warranty and serial number labels must be clearly attached, at their removal voids warranty. Any unauthorised repair or upgrade voids warranty. Please refer to specific warranty condition on warranty card supplied with goods. Unless a unit is dead on arrival or damaged in transit, in this case must be received with 7 days of invoice date, where consistent with these Terms and Conditions goods remain the property of the Customer and will be processed by the relevant manufacturer or agent as soon as possible. KGBe will not be liable for any loss, whether material or not of such goods.
All warranties are voided if returned product is found in any way to be mishandled, misinstalled, modified, tampered, abused, physically damaged or used under wrong voltage etc.
KGBe is not responsible for data contents or the security of the data contained in any returned goods. Our workshop works under strict guidelines, not to interfere with any customer data, unless necessary in the performance of their testing or duties. Despite this, customers should back up any data prior to sending the goods back to us; data can be destroyed during our testing. It is also beyond the scope of our control once the device is sent to our supplier. Data recovery service is a distinct service offered by KGBe and is not in any way part of the service or contract offered with the sale of any items.
The Customer is responsible for proper packaging of RA returns. All warranties will be void on items that are insufficiently or inaccurately packaged. Customer is responsible for all the shipping charges associated with returning the defective merchandise. If any item(s) returned for warranty claim is determined to be physically damaged, the item(s) will be returned to the customer as is.
The Customer is responsible for any shipping and insurance cost involved in sending the warranty claim goods back to KGBe. KGBe is not responsible for any parcel missing in transit, on its return back to KGBe.
Product(s) discontinued by manufacturer(s) shall be upgraded to a similar product or a credit will be given at the current market value or the purchase price whichever is lower.

11. Warranty turnaround time

Turnaround time for warranty claims largely depends on the suppliers or the distributors. We will try our best to speed up the process. Please understand the time involved for a warranty claim will include: our time to test the item, shipping back to the supplier, suppliers own test and replacement/repair, and the shipping back to us
We do not provide advance replacement under any circumstances. Please keep this in mind when you place your order. KGBe is not responsible for any losses resulting from the time it takes to have the faulty item replaced or repaired.
If you will be using the item(s) for mission critical tasks, be it running a business, using it to prepare an examination, using it for a pre-organised game party etc, you should consider purchasing it from a provider that offers instant replacement.

12. Payment

Unless otherwise agreed in writing, payment for products supplied shall be made in full by the Customer to KGBe without deduction or demand, within the approved term as advised by KGBe, or in the absence of a term approved by KGBe, at the time of placing the order.
Payment for products ordered through KGBe can be made by credit card or KGBe account (if you have an account with us). We may also accept other forms of payment from time to time at our sole discretion. We reserve the right to attach special terms, restrictions and/or conditions to such payment methods.
There are a number of different options available to you for payment. Where we collect information as part of your payment this information is stored in a safe manner and is only used for processing your order. Under certain circumstances , such as account customers or periodic payments we will retain this information as required to process any required transactions. We will also retain all information that we require to allow us to conduct investigations into fraud or as required by any payment processors or statutory requirements.
Some payment methods will attract an additional fee or surcharge. This "fee" is applied by us to defray the cost of providing that payment method. In some cases this fee is an administrative charge (for example with PayPal or Paymate) and is not intended to be applied in any manner contrary to the Terms and Conditions of those respective payment processors. No fees or surcharges are intended in any way to discourage your use of any particular payment method. We do however prefer and recommend payment through our ANZ eGate gateway/s as the most secure method/s of payment.
Based on our experience with fraud we may delay the processing of items that have been procured using PayPal as a payment method until we are satisfied that both the order and payment is genuine. We reserve the right to refuse orders that have been paid for using PayPal at our sole and final discretion.
Payment is due in Australian Dollars unless a particular item requires payment in a different currency. FFor non-Australian dollar items this will be clearly display on the product page. If payment is required in currencies other than Australian dollars certain payment methods may not be available. Except for these circumstances prices will be processed in Australian dollars. The website has facilities for you to view prices in currecies other than Australian dollars for comparitive purposes. Due to the dynamic nature of exchange rates these non-Australian prices are indicative only. Where any currency conversion is required the rates applicable at the time of the payment being processed are used.

13. Default in Payment

If the Customer defaults in payment to KGBe, then:

the Customer shall pay to KGBe, on demand, interest on any overdue money during the period of default at the rate for the time being fixed under Section 2 of the Penalty Interest Rates Act 1983, and
all moneys owing by the Customer to KGBe shall become due and payable forthwith without demand, and
KGBe may at its sole and absolute discretion suspend the provision of credit and/or services to the Customer until all amounts owing by the Customer are paid in full
in the case of software, KGBe may take steps to have the software disabled or any website where it is used disabled based on copyright breach by the Customer. Where, due to default in payment, we cause the software or offending website to be disabled you acknowledge that all liability for such action is yours and that no compensation will be requested from KGBe or any of its officers, employees or associates.

14. Liability

KGBe shall not be liable to the Customer, or to any other person whomsoever, for any loss or damage whatsoever or howsoever caused arising directly or directly in connection with the Products, other than expressly imposed by statute in terms of which it is not possible to limit or exclude liability.
KGBe expressly excludes liability for consequential loss or damage including but not limited to loss of profit, business, revenue, goodwill or anticipated savings.
Further you agree to hold blameless all officers, employees and associates of KGBe, acting reasonably based on available information, where action is taken, to prevent you using any items in contaravention of these Terms and Conditions, or in the case of tangible items recovery of such items, including but not limited to default in payment.

15. Retention of Title

For tangible products, the title to the Products will pass to the Customer when payment in full for the Products has been received by KGBe. For software products this section refers to any applicable "license". Until the Customer has paid to KGBe the full purchase price:

Customer shall hold the Products as bailee for KGBe.
the Products shall be stored at the Customer's risk, and in such manner that they are readily distinguishable from other products owned by the Customer or other persons.
the Customer shall indemnify KGBe against any claim, action, proceeding, damage, loss, costs, expense or liability whatsoever, arising out of the possession, use or disposal of the Products by KGBe, or repossession or attempted repossession by KGBe.
any sale of the Products shall be effected as bailee for KGBe, and the proceeds of such sale shall be held on trust for KGBe. The proceeds of such sales must be held in a separate account or otherwise clearly identified in the books and records of the Customer.
the Customer shall permit KGBe to inspect the Products, and the records and books of the Customer to the extent that they relate to the Products.
reserve right of entry to inspect or recover goods owned by KGBe, wherever they are located.

In the event that:

the Products are not paid for in full in accordance with these "Terms and Conditions" of sale, or any other agreement between KGBe and the Customer; or
the Customer commits any breach of the "Terms and Conditions" of sale or any other agreement between KGBe and the Customer; or
the Customer receives notice of or reasonably believes that a third person may attempt to levy execution against the products; or
the Customer makes or proposes to make an arrangement with its creditors or is placed under official management, or a petition is presented, or an application filed for the winding up of the Customer, or the Customer ceased to trade, or the Customer (being a natural person) commits an act of bankruptcy

then KGBe may, at any time, without notice to the Customer, and without prejudice to any other right which it may have against the Customer, terminate the contract and the bailment referred to above, and enter upon any premises owned or occupied by the Customer where KGBe reasonably believes the Products may be stored, and repossess the Products without being liable for any damage caused, and subsequently dispose of the Products at its discretion. In this event, the Customer ceases to be liable to KGBe for payment for the Products, if Moneies are recovered in full.

16. Disclaimer

Due to changing market forces and other extenuating circumstances that affect product availability, and price stability we reserve the right to withdraw any product we advertise and change prices without notice.
Information contained throughout the web pages and in our database is believed to be accurate and reliable at the time of publishing. There may be misprints, human errors, and omissions. We reserve the right to make changes and corrections in prices, products, and specifications without notice.
Images displayed on this web site should be regarded as illustrative and for informational purpose only. The actual products are often not identical to the images.
Where hyperlinks (URL) are provided throughout our product pages they can be used as references only. The products we carry are often not identical to the contents contained in the links. If unsure, please contact our sales team.

17. Obligations of the Customer

As a member of KGBe web site, the Customer must provide current, complete, and accurate information about the Customer at all times.
The Customer is entirely responsible for their account which includes confidentiality and any and all activities through using the Customer's account. KGBe will not be held responsible in any manner.
On the first purchase the Customer places with KGBe, the Customer may be required to provide additional identification to KGBe to help eliminate Internet credit card fraud and to provide additional security.
KGBe reserves the right to terminate a Customer's account if it is found to contain false, incomplete or inaccurate information. If any security concerns or breaches arise from the Customer, they shall report it to KGBe immediately.
KGBe does not store any credit card details for any Customers. The Customer will ensure that credit card details are their sole responsibility to safe guard.
Insurance is the sole responsibility of Customer. Due to fraudulent charge backs, when payment has been made by PayPal or Paymate, KGBe require that items must be insured and sent using a method that has online parcel tracking. Orders which have not selected tracking and insurance when paying via PayPal or Paymate may be delayed until additional payment has been received by KGBe to cover these costs.

18. Provision of Credit

The provision of credit and/or the continued provision of credit by KGBe to the Customer from time to time, shall be at the absolute discretion of KGBe.

KGBe may at its absolute discretion extend credit to the Customer; or
extend and/or continue to extend credit to the Customer subject to the provision of security in a form acceptable to KGBe; or
may at any time vary or cancel the credit facility available to the Customer.

A Credit account must have a Guarantee in place.

19. Differences and Complaints

Subject to the provisions under "Payment", KGBe shall not be liable in respect of any difference or complaint arising out of the "Terms and Conditions" of sale unless the Customer advises KGBe in writing of the difference or complaints not later than fourteen (14) days after the date of the occurrence of the events or circumstances on which the difference or complaint is based.

20. Trade Marks

The trade marks, names, logos and service marks (collectively "trade marks") displayed on this web site are registered and unregistered trade marks of the their respective owners. Nothing contained on this web site should be construed as granting any license or right to use any trade mark without the prior written permission of the Trade Mark Owner.

21. External Links

External links may be provided for your convenience, but they are beyond the control of the Web site Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external web sites "Terms and Conditions" of use.

22. Warranties regarding material and information

The Web site Owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the web site, the information contained on the web site, your or your company's personal information or material and information transmitted over our system.

23. Disclaimer of Liability.

The Web site Owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the web site, any information contained on the web site, your or your company's personal information or material and information transmitted over our system. In particular, neither the Web site Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

24. Waiver

The failure or neglect by KGBe to enforce or waiver the provisions hereof, shall not be constituted nor shall be deemed to be a waiver of KGBe's rights hereunder, nor in any way effect the validity of the whole or any part of the "Terms and Conditions" of sale, nor prejudice KGBe's right to take subsequent action.

25. Severability

In the event that any part of these "Terms and Conditions" shall be deemed invalid, unlawful or un-enforceable to any extent, such terms or conditions shall be severed from the remaining "Terms and Conditions", which shall continue to be valid and enforceable to the fullest extent permitted by law.

26. Governing Law

KGBe and the Customer agree that the "Terms and Conditions" of sale shall be governed by the laws of the State of New South Wales, Australia or, where not specifically covered by state law, the laws of The Commonwealth of Australia.

27. Version

This document is version 1.0.7 dated May 27th 2009.