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Terms & Conditions

Welcome to the website of Robert Mark Ltd and Robert Mark Australia Pty Ltd. Please take a few minutes to review these terms & conditions before using this website. Your use of this website in any manner, including browsing, activating an account with us or making a purchase, constitutes your acknowledgement that you have read the terms & conditions and that you agree to follow and be bound by them. Robert Mark Ltd. and Robert Mark Australia Pty Ltd. reserve the right to update or modify these terms & conditions at any time without prior notice. Your use of the robertmarkonline.com website following any such change signifies your acceptance of these terms & conditions as changed. For this reason, we encourage you to review them whenever you use this website.

Important points when ordering online:

 

·         Prices are exclusive of GST.

·         Freight will be charged and added to total value of order. Please check freight details.

·         If you have any issues, please contact Head Office for assistance.

·         Please read full Terms & Conditions carefully.

·         Robert Mark Australia Pty Ltd. requires a minimum order of $600.00 wholesale price before GST.

 

Head Office

Robert Mark Ltd.

PO Box 8877, Christchurch 8440

15 O'Shannessey Place

Addington, Christchurch 8011

New Zealand

Phone: +64 3 341 6400

Fax: +64 3 341 6401

rml@robertmark.co.nz

 

Australia

Robert Mark Australia Pty Ltd.

PO Box 254 Moorooka, Brisbane 4105

5/53 McCarthy Road, Salisbury

Brisbane, Queensland 4107

Australia

Phone: +61 7 3875 2773

Fax: +61 7 3875 2774

rml@robertmark.com.au

Account name and password - For certain activities on this website, you are required to have a user I.D. and Password. It is solely your responsibility to keep your account information and password secure. You must not disclose your password to anyone. You agree to notify Robert Mark Ltd. and Robert Mark Australia Pty Ltd. immediately of any unauthorized use of your account. Robert Mark Ltd. and Robert Mark Australia Pty Ltd. disclaim all liability arising from or related to your failure to keep your user I.D. and Password secure. We may cancel or suspend at any time your user I.D and Password at our discretion without notice or liability to you or any other person. We are not under any obligation to verify the actual identity or authority of any person or company using the account name and password to gain access to use the website. We may at any time require proof of the identity of any person or company seeking to access and use the website, and may deny access if we are not satisfied with such proof.

Ordering Online - In order to purchase through this website you must have a registered company with a GST, ABN or ACN number and be of an age where you can form a legally binding contract that is enforceable against you in your province/territory of residence and you must agree to pay for all charges noted on this website as payable by you. All prices listed on this Internet Site are in New Zealand or Australian dollars and all charges will be processed in New Zealand or Australian dollars exclusive of GST. Robert Mark Ltd. or Robert Mark Australia Pty Ltd. reserve the right to limit the quantities of certain products, which you can purchase through the facilities of this website. In addition to any other rights or remedies, Robert Mark Ltd. and Robert Mark Australia Pty Ltd. may, in its sole discretion and without any limitation of liability, restrict or terminate your access to any part of this website at anytime.

Prohibited or unlawful use - You warrant to Robert Mark Ltd. and Robert Mark Australia Pty Ltd. that you will not use this website in any manner which could cause it to be disabled, damaged, overloaded, or impaired or interfere with any other person's use of this website. You may not misrepresent your identity or location as a user and you may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this website. 

Proprietary rights - The design of this website and all text, logos, graphics, pictures, information, content, and other material displayed on this website are protected by copyright, trademark and other laws and may not be used except as permitted in these terms & conditions. You may not use, reproduce, copy or manipulate any such logos, trademarks, slogans, images, marks, or trade names in any manner without prior written permission of the owner of such material. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.

Linking to the Web site - Robert Mark Ltd. and Robert Mark Australia Pty Ltd. expressly prohibits any unauthorized party to create or maintain a link to robertmarkonline.com including links to the home page or the buy online page or any other page on the robertmarkonline.com domain, without our prior written permission. Running or displaying this website or any information or material displayed on this website in frames or through similar means on another website without our prior written permission is prohibited.

Information accuracy - Robert Mark Ltd. and Robert Mark Australia Pty Ltd. make every effort to ensure that the content on this website is complete, accurate and current. Despite our efforts, the information on this website may occasionally be inaccurate, incomplete or out of date. Such errors, inaccuracies or omissions may relate to price or to product description or availability. Robert Mark Ltd. and Robert Mark Australia Pty Ltd. reserve the right to correct any of these errors or to change or update the content without prior notice. Further, Robert Mark Ltd. and Robert Mark Australia Pty Ltd. reserve the right to refuse or cancel any orders containing any of these errors whether or not the order has been submitted, and/or confirmed.

Colours - Please note that although Robert Mark Ltd. and Robert Mark Australia Pty Ltd. make all reasonable efforts to accurately display the colours of the product shown on this website, we cannot guarantee that the colour you see matches the product colour, as the display of colour will depend on your computer system.

Price - Please note that all prices listed on this website are wholesale prices exclusive of GST. and are for online purchases only. Furthermore, Robert Mark Ltd. and Robert Mark Australia Pty Ltd. charges GST. for products ordered on this website. The GST. as well as the freight costs will be added to the total amount only after it has been prepared and packed (please refer to Freight for more details).

Minimum order - Robert Mark Australia Pty Ltd. requires a minimum order of $600.00 wholesale price before GST. Robert Mark Ltd. (New Zealand) do not require minimum order quantity but please contact Robert Mark NZ for freight details. Any orders lower than this amount will not be processed or shipped. Also please note there is a minimum quantity required for each item to be respected.

Payment terms and conditions - Payment options for all customers are major credit cards, eftpos and cheque. To receive Net 30 days, please fill out a credit application. Only after credit approval will Net 30 days be applicable on your order. If you already have terms or special conditions with Robert Mark Ltd .and Robert Mark Australia Pty Ltd. these will apply on any order placed. All initial orders for non account holding customers are on Proforma basis. Retention of title remains with Robert Mark Ltd. and Robert Mark Australia Pty Ltd. until invoice is fully paid. No return of merchandise will be accepted without written authorization and no later than 7 days following delivery.

Back Ordering policy - If goods ordered online are not available for any reason, they will not be back ordered.

Disclaimer - YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. ALL CONTENT ON THIS INTERNET SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ROBERT MARK LTD. AND ROBERT MARK AUSTRALIA PTY LTD. DISCLAIMS AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF ROBERT MARK LTD. AND ROBERT MARK AUSTRALIA PTY LTD., WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS INTERNET SITE OR ANY OTHER INTERNET SITE LINKED TO THIS INTERNET SITE AND ANY CONTENT ON THIS INTERNET SITE OR ANY OTHER INTERNET SITE LINKED TO THIS INTERNET SITE, INCLUDING, BUT NOT LIMITED TO, ANY: IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; IMPLIED WARRANTY OF NON-INFRINGEMENT; OR ANY CLAIM IN TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT ROBERT MARK LTD AND ROBERT MARK AUSTRALIA PTY LTD DOES NOT REPRESENT OR WARRANT THAT THIS INTERNET SITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS INTERNET SITE OR THE SERVER THAT MAKE THIS INTERNET SITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS. ROBERT MARK LTD AND ROBERT MARK AUSTRALIA PTY LTD DOES NOT MAKE ANY REPRESENTATION THAT THE CONTENT PROVIDED IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF NEW ZEALAND OR AUSTRALIA.

Limitations of liability - Robert Mark Ltd. and Robert Mark Australia Pty Ltd. assumes no responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this website, or your downloading of any information or materials from this website. IN NO EVENT SHALL ROBERT MARK LTD. AND ROBERT MARK AUSTRALIA PTY LTD., ITS DIRECTORS, EMPLOYEES, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE.

Indemnification - You shall indemnify Robert Mark Ltd. and Robert Mark Australia Pty Ltd., its directors, employees, service providers, consultants, representatives and agents from and against any claim, cause of action or demand, including, but not limited to, reasonable legal, accounting and other professional fees brought as a result of your use of this website.

Entire Agreement - These terms & conditions, together with the freight Information, as well as the privacy policy section of this website, constitute the entire agreement between Robert Mark Ltd. and Robert Mark Australia Pty Ltd. and you regarding the subject matter of this agreement, and supersede all prior communications, whether electronic, oral or written between Robert Mark Ltd. and Robert Mark Australia Pty Ltd. and you with respect to such subject matter. In the event of a conflict between these terms & conditions and the freight Information or privacy policy, these terms & conditions shall prevail.

Governing law - The laws of either New Zealand or Australia shall govern the terms & conditions as well as the use of this website, including any order or purchase made through this website. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

Freight Charges - We do not charge for processing orders and there are no additional costs. Freight costs will be added to the total price of your order only after it has been packed. We only call customers who are paying by major credit card basis, to notify them of the total amount of their order including Freight costs. All other orders will be shipped without notification. All shipments will be shipped through our default Freight organisation unless otherwise specified by the customer.

Freight Costs by region - As a consideration to our valued customer RML have set a maximum freight charge. RML will subsidise and pay any freight over this amount. Customers can order with confidence knowing freight will not be charged over these percentages. New Zealand customers please contact RML NZ head office for freight details.

Australia

 

Region

Minimum Order Value

Western Australia

$1000

Northern Territory

$1000 

North Queensland

$1000 

Victoria non Metro

$1000 

South Australia non Metro

$1000 

Tasmania

$1000 

All other areas

$600 

Claims Policy - All claims must be notified within 7 days. Any damage in transit is the consignee’s responsibility and a claim should be lodged immediately at destination. Only the damaged part or parts should be returned where possible. A claim approval number must be obtained before returning any goods. Returned goods and any associated freight costs will not be accepted unless acceptable arrangements have been made and approval given in advance.

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