Uniden Australia Pty Limited
TERMS OF USE OF UNIDEN'S WEB SITE

1. THIS IS A CONTRACT
Following are the terms and conditions which govern the use of Uniden Australia web site ("Web Site"). These terms and conditions are intended to be a legal and binding Agreement between Uniden Australia Pty Limited (ABN 58 001 865 498) including its affiliates ("Uniden") and you. By accessing and browsing this Web Site, you acknowledge that you have read and reviewed the following terms and conditions and that you agree to be bound by them.
2. RESTRICTION ON USE
The information and material on this Web Site is derived in whole or in part from information and material supplied by Uniden and other sources. This site is owned and operated by Uniden. All information and material contained in this Web Site is protected by and subject to international copyright and trademark protection laws. You may download, duplicate, store, or print copies of information from this Web Site for your personal, non-commercial use only, provided that you keep intact all copyright and other proprietary notices and with the understanding that Uniden retains the copyright on all media including, but not limited to text, graphics, and photographs. You may not, however, distribute or modify the media in any form, print or otherwise (including but not limited to reproduction, publication, retransmission or distribution), in whole or in part, contained in this Web Site without the prior written permission of Uniden. You are also not permitted to link or "mirror" any part of this Web Site without the prior written permission of Uniden. You must not use this site for any purpose that is unlawful or prohibited by or under any local, state, federal or international law or these terms of use.

Uniden does not grant any copyright license, actual or implied, through the presentation of graphics, text, or photographs within this Web Site. Nor does Uniden intend to make available for any use, any copyrighted materials within this Web Site beyond the permitted personal, non-commercial use identified above.
3. DISCLAIMERS
The materials, including all information, software, products and services, in this Web Site and any third-party sites are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permitted by law, Uniden and its suppliers disclaim all warranties, either express or implied. Uniden does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site, or the server that makes it available, are free of viruses or other harmful components. Uniden is not liable and does not warrant or make any representations regarding the use or the results of the use of the materials in this Web Site or in third-party sites in terms of their completeness, correctness, accuracy, timeliness, reliability or otherwise. You (and not Uniden) assume the entire cost of all necessary maintenance, repair or correction.

Uniden products and services may require regulatory approval in some jurisdictions, and, the purchase, ownership, and/or use of certain Uniden products or services may not be lawful in some jurisdictions. The presentation of information about Uniden products and services and the availability of an order entry page within this Uniden Web Site are not intended to constitute an offer for sale by Uniden in any jurisdiction, nor are they intended to constitute a solicitation for offers to buy in any jurisdiction where the purchase, ownership, and/or use of a Uniden product or service has not received any required regulatory approval or where the purchase, ownership and/or use of a Uniden product or service is unlawful.

The information contained in this Uniden Web Site is presented as a public service only. The information is not presented for the purpose of conducting business within any jurisdiction and Uniden does not intend any information in this Web Site to constitute an advertisement or offer for sale of Uniden products and/or services in any jurisdiction. All offers to purchase are accepted by Uniden in the jurisdiction in which Uniden makes the product available for shipment from its dock. All sales transactions are consummated, and title and risk passes, at the point of shipment.
4. RESTRICTIONS OUTSIDE AUSTRALIA
Uniden makes no representation that this Web Site or the products displayed herein are appropriate or legal for use inside or outside Australia. You are responsible for all compliance with your local laws and use of this Web Site or the products displayed herein where illegal are expressly prohibited.
5. SUBMISSION OF COMMENTS
All comments, suggestions, ideas, notes, drawings, concepts or other information disclosed or offered to Uniden in this Web Site (collectively, "Comments") in response to requests or solicitations in this Web Site shall be deemed and shall remain the property of Uniden. None of the Comments shall be subject to any obligation of confidence by Uniden. Uniden shall not be liable to you or third parties in any way for any use or disclosure of any Comments. Without limitation of the foregoing, Uniden shall exclusively own all present or hereafter existing rights to the Comments of every kind and nature throughout the world and shall be entitled to unrestricted use of the Comments for any purpose whatsoever without compensation to the provider of the Comments. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, servicemark or patent laws under any relevant jurisdiction.

6. LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall Uniden, its subsidiaries and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages, including but not limited to loss of use, loss of profit and loss of data that result from the use of, or the inability to use, Uniden materials or this Web Site. You specifically acknowledge and agree that Uniden is not liable for any defamatory, offensive or illegal conduct of any user.

Limitation or exclusion of warranties or liability may not be permitted in some states or jurisdictions in which case some or all of the above provisions may not apply to you. To the fullest extent permitted by law, Uniden's liability for breach of any implied warranty or condition is limited at the option of Uniden to one or more of the following:

  • if the breach relates to services, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and
  • if the breach relates to goods (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 (e) the payment of the cost of having goods repaired.
7. BREACH
If you breach these Terms of Use, Uniden reserves the right to bring legal proceedings against you, and without limiting the rights and actions available, Uniden may seek damages or an account of profits against you.
8. TERMINATION
This agreement is effective until terminated by Uniden. Uniden may terminate this agreement at any time without notice to you. In the event of termination, you are no longer authorised to access this Web site, and the restrictions imposed on you with respect to material downloaded from the Web Site and the disclaimers and limitations of liabilities set forth in this agreement, shall survive.
9. GOVERNING LAW
This agreement shall be governed by and construed in accordance with the laws in force in the State of New South Wales, Australia, without giving effect to any principles of conflicts of law.

10. GENERAL
If any provision of this agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Uniden reserves the right to change these terms of use under which this Web site is offered at any time without notice to you.

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TERMS AND CONDITIONS OF SALE

1. THIS IS A CONTRACT
Following are the terms and conditions which govern the sale of product on Uniden Australia Pty Limited's (ACN 001 865 498) ("Uniden") web site ("Web Site"). These terms and conditions are intended to be a legal and binding agreement between Uniden and you. By placing a product order using this Web Site, you acknowledge that you have read and reviewed the following terms and conditions and that you agree to be bound by them. Uniden reserves the right, in its sole discretion, to change these terms and conditions at any time without prior notice.
2. ORDERS; PAYMENT TERMS; SHIPPING CHARGES
Orders are not binding upon Uniden until they are accepted by Uniden at its home office. Payment of the price for a particular product or products must be received by Uniden prior to Uniden's acceptance of an order and shipment of a product. Uniden reserves the right to change payment terms at any time. All shipping charges, stamp duty, government charges of any kind, sales tax are for your account in addition to the quoted price. You will also be charged an additional amount on account of any Goods and Services Tax payable on the supply of a product to you. Ownership title and risk in a product ordered using this Web Site passes upon shipment of the product from Uniden's facility.

3. WARRANTIES; LIMITATION OF LIABILITY
3.1 THE PRODUCT WARRANTY SHALL BE UNIDEN'S STANDARD LIMITED WARRANTY FOR REFURBISHED PRODUCT, WHICH WARRANTY UNIDEN MAY CHANGE AT ANY TIME. THE FOREGOING IS UNIDEN'S SOLE WARRANTY UNIDEN'S SOLE OBLIGATION FOR WARRANTY CLAIMS UNDER THIS CLAUSE SHALL BE THE REPAIR OR REPLACEMENT OF THE PRODUCT AT UNIDEN'S SOLE DISCRETION. REPLACEMENT MAY BE MADE WITH NEW OR QUALITY REMANUFACTURED PRODUCT.

3.2 Should Uniden be liable for breach of a condition or warranty implied by Division 2 of Part V of the Trade Practices Act 1974 ("the Act") (not being a condition or warranty implied by Section 69 of the Act) the liability of Uniden for such breach, subject to Section 68A(2) of the Act, is limited to one of the following as determined by Uniden:

(a) the replacement of the product or the supply of equivalent product; or

(b) the payment of the cost of replacing the product or of acquiring equivalent product; or

(c) the repair or payment of the cost of repairing the product.

3.3 References to specific provisions of and circumstances arising under the Act are intended to include references to equivalent or similar provisions of and circumstances arising under any State or Territory enactment.

3.4 To the fullest extent permitted by law:-

(a) representations and agreements not expressly contained in these terms are not binding upon Uniden as conditions, warranties or representations and all such conditions, warranties and representations on the part of Uniden, whether express or implied, whether collateral or antecedent or otherwise are expressly negatived and excluded;

(b) Uniden is under no liability to you for any loss (including but not limited to loss of profits and consequential loss) or for damage to persons or property or for death or injury caused by any act or omission (including negligent acts or omissions) of Uniden or Uniden's agents; and

(c) you indemnify Uniden against any claims made against Uniden by any third party in respect of any such loss, damage, death or injury as is set out in sub-paragraph (b) and you further agree to indemnify Uniden against all losses and expenses which Uniden may suffer or incur due to your failure to fully observe your obligations under this agreement.

3.5 IN NO EVENT SHALL UNIDEN'S LIABILITY FOR BREACH OF THE WARRANTIES IN THIS AGREEMENT EXCEED THE PURCHASE PRICE PAID BY THE CUSTOMER FOR THE PRODUCT.

4. DELIVERY
4.1 Uniden is not responsible for non-delivery or delay in delivery of any product caused directly or indirectly by any act or event beyond Uniden's reasonable control, including but not limited to war, threat of war or warlike conditions, hostilities, civil commotion, riots, fire, flood, strikes, lock outs, accidental breakdown or mechanical failure of plant, machinery or equipment, delays in transportation, your instructions or lack thereof, default on the part of Uniden's manufacturer or supplier, acts of Government, or other like circumstances, notwithstanding that any such cause may be operative at the time of entering the contract.

4.2 If for any reason in clause 4.1, Uniden is unable to deliver a product within 2 months of the date of receipt of a product order, Uniden will refund the purchase price for the product(s) ordered.

5 TERMINATION
Uniden has the right to terminate this agreement for convenience at any time.

6. OTHER DOCUMENTS AND TERMS
6.1 The terms and conditions in this agreement may not be amended, supplemented, or altered by any other document(s) and any attempt to so amend, supplement, or alter is null and void unless agreed to in writing by both parties.

6.2 No course of prior dealings between the parties is relevant to supplement or explain any term used herein.
7. GOVERNING LAW
This contract is governed by and construed in accordance with the laws in effect in the state of New South Wales, Australia and the parties accept the non-exclusive jurisdiction of the Courts of New South Wales in relation to any dispute between them.
8. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof despite any conditions to a contrary effect which may be expressed in any other documents, and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter. All additions and modifications to these terms must be in writing signed by both parties.

9. SEVERANCE
Should any part of these terms and conditions be held to be void or unlawful, these terms and conditions as to be read and enforced as if the void or unlawful provisions had been deleted.

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