TERMS

Please read the following "Terms and Conditions of Use" carefully before using this website. All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable law.

1. Definitions1.1 "Seller" shall mean Dead Serious® its successors and assigns or any person acting on behalf of and with the authority of Dead Serious®.
1.2 "Buyer" shall mean the Buyer (or any person acting on behalf of and with the authority of the Buyer) as described on any quotation, work authorization or other form as provided by the Seller to the Buyer.
1.3 "Goods" shall mean Goods supplied by the Seller to the Buyer (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorization or any other forms as provided by the Seller to the Buyer.
1.4 "Services" shall mean all Services supplied by the Seller to the Buyer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).
1.5 "Price" shall mean the price payable for the Goods as agreed between the Seller and the Buyer in accordance with clause 5 of this contract.

2. The Commonwealth Trade Practices Act 1974 ("TPA") and Fair Trading Acts ("FTA")2.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the TPA or the FTA in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.

3. Acceptance3.1 Any instructions received by the Seller from the Buyer for the supply of Goods and/or the Buyer's acceptance of Goods supplied by the Seller shall constitute acceptance of the terms and conditions contained herein.
3.2 All literature, samples, specifications, dimensions and weights (where the terms "gold" and "silver" refer to color only) submitted with this quotation are approximate only and the data and descriptions contained in catalogues and other advertising material while being as accurate as possible may not necessarily be identical with products and services the Seller supplies, and the Seller reserves the right to supply products that have minor modifications in specifications as the Seller sees fit.
3.3 The descriptions, illustrations and performances contained in catalogues, other advertising material and price lists do not form part of the contract of sale of the products.

4. Goods are supplied by the SellerOnly on the terms and conditions of trade herein to the exclusion of anything to the contrary in the terms of the Buyer's order notwithstanding that any such order is placed on terms that purport to override these terms and conditions of trade.

5. Price and Payment5.1 At the Seller's sole discretion the Price shall be either:
(a) as indicated on invoices provided by the Seller to the Buyer in respect of Goods supplied; or
(b) the Seller's current price at the date of delivery of the Goods according to the Seller's current website price

The Buyer acknowledges all quoted delivery dates and costs are estimated only.
5.2 The Seller reserves the right to change the Price in the event of a variation to the Seller's quotation.
5.3 Payment shall be prior to the Goods being shipped.
5.4 Payment will be made by credit card (plus a surcharge of up to two and one half percent (2.5%) of the Price), or by any other method as agreed to between the Buyer and the Seller.
5.5 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.

6. Delivery of Goods6.1 At the Seller's sole discretion delivery of the Goods shall take place when:
(a) the Buyer takes possession of the Goods at the Seller's address; or
(b) the Buyer takes possession of the Goods at the Buyer's nominated address (in the event that the Goods are delivered by the Seller or the Seller's nominated carrier); or
(c) the Buyer's nominated carrier takes possession of the Goods in which event the carrier shall be deemed to be the Buyer's agent.
6.2 All freight is to be arranged by the Seller and the associated costs are to be charged to the Buyer for payment.
6.3 The Buyer acknowledges that all quoted delivery costs and dates are estimated.
6.4 The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Buyer is unable to take delivery of the Goods as arranged then the Seller shall be entitled to charge a reasonable fee for redelivery.
6.5 Delivery of the Goods to a third party nominated by the Buyer is deemed to be delivery to the Buyer for the purposes of this agreement.
6.6 The Seller may deliver the Goods by separate installments. Each separate installment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
6.7 The failure of the Seller to deliver shall not entitle either party to treat this contract as repudiated.
6.8 The Seller shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the Goods (or any of them) promptly or at all, where due to circumstances beyond the control of the Seller.

7. Back Ordered Goods7.1 Although either party may cancel Goods on back order, should the Buyer cancel, the Buyer shall be liable for any loss incurred by the Seller (including, but not limited to, any loss of profits) up to the time of cancellation.
7.2 The Buyer accepts that any estimated delivery time supplied by the Seller for delivery of back ordered Goods is subject to change.
7.3 Any Goods that are placed on back order are not subject to the delivery costs as stated in clause 5.2.

8. Risk8.1 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Buyer, the Seller is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Seller is sufficient evidence of the Seller's rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiries.

9. Title9.1 The Seller and the Buyer agree that ownership of the Goods shall not pass until:
(a) the Buyer has paid the Seller all amounts owing for the particular Goods; and
(b) the Buyer has met all other obligations due by the Buyer to the Seller in respect of all contracts between the Seller and the Buyer.
9.2 Receipt by the Seller of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honored, cleared or recognized and until then the Seller's ownership or rights in respect of the Goods shall continue.

CopyrightThe entire content included in this site, including but not limited to text, graphics, site design, logos, icons, images or code is copyrighted as a collective work under Australian and other copyright laws, and is the property of Terminator Scopes. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. Any other use, including but not limited to the reproduction, distribution, display, modification, republishing, uploading, or transmission of the content of this site is strictly prohibited, unless authorized in writing by Dead Serious®. You further agree not to change or delete any proprietary notices from materials downloaded from this site. Any unauthorised use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in legal action.

Trademarks and Intellectual PropertyAll trademarks, service marks and trade names used in the site are trademarks or registered trademarks. The use of any trademark or service mark without the express written consent of Dead Serious® is strictly prohibited.

Disclaimer and Limitation of Liability as to Shipping ErrorsIn the event whereby an error occurs. Every effort will be made to verify the cause of the error and correct it as soon as practicable. If the error is ours we will ship the item to you at no charge using the most efficient shipping method available.

Warranty DisclaimerThis site and the materials and products on this site are provided as is. Many of the products on the site come with a manufacturer warranty. Warranty issues are handled according to manufacturers policy. If you are concerned with the warranty of a particular item, contact Dead Serious® prior to purchasing the product. This site does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. The owner and parties represented by this site do not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

Limitation of LiabilityThe operators, owners, partners and parties represented by this site expressly disclaims all warranties, express or implied, of any kind with respect to the sites or their use, including but not limited to merchantability and fitness for a particular purpose and shall not be liable for any special or consequential damages that result from the use of or the inability to use, the materials on this site or the performance of the products. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical ErrorsIn the event a product is listed with an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Dead Serious® have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, a credit will be applied to your credit for a refund to the value of the cancelled item.

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