Terms & Condition's
The following contains the Terms and Conditions that govern your use of the Cutting Edge Chemicals website. They describe your rights and responsibilities and what can be expected from Cutting Edge Chemicals. Please carefully review these Terms and Conditions as your use of this website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, please do not use this website.
Due to frequent changes in Internet technology and applicable law we reserves the right to add to, delete or change these terms, so please check for updates.
Copyright/Trademark
The name of Cutting Edge Chemicals or any of the above trademarks or logos are not to be used in any advertising or publicity without specific, written prior permission. We are not responsible for typographical, technical, or descriptive errors of products herein. The information contained in this website is subject to change without notice.
Cutting Edge Chemicals only authorizes you to view and download Materials at this Site for your personal, non-commercial purposes. You acknowledge and agree that all works and other subject matter contained in this website, including but not limited to text, sound, music, photographs, videos, illustrations, graphics, or other material contained in or presented to you on this website are protected by our or other third parties' copyrights, trademarks, patents, or other proprietary rights and laws. Any use of these Materials on any other website is prohibited. Without limitation, you may not modify the Materials on this Site in any way or reproduce or publicly display, publish, perform, distribute or create adaptations. You agree not to insert any code or product or manipulate the content of this website in any way that affects the user's experience, and not engage in any data mining, data gathering or extraction. Without prejudice to the generality of the foregoing, all names, logos and marks on the website are the property of or duly licensed to Cutting Edge Chemicals in locations where Cutting Edge Chemicals sells its products bearing any of the company's trademarks. Nothing contained in this Site should be construed as granting any licence or right of use of any trademarks displayed on the Site without prior written permission of Cutting Edge Chemicals. Modification, download, reproduction or use of these trademarks or any Materials on the Site, other than as provided in these Terms & Conditions, or in accordance with the contents of the Site, is strictly prohibited.
Communications
As a condition of purchase from us we reserve the right to email you product information and special offers to you. We respect your right not to receive these communications so all of these communications will contain a clear link to Unsubscribe. We assure you that once you have unsubscribed we will remove your name from the communication list and will no longer send you these special offers and product details, unless you choose to resubscribe at a later date.
Submissions
All feedback, comments, ideas, photos, images, suggestions or other communications sent to Cutting Edge Chemicals shall be and remain the exclusive property of Cutting Edge Chemicals. By submitting any such communication you constitute an assignment to Cutting Edge Chemicals of all rights, titles and interests in all copyrights and other intellectual property rights in the communication. Cutting Edge Chemicals will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without any requirement to compensate you in any way. Do not send us any comments that you would not like to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
Inaccuracies & Quantity Limitations
Cutting Edge Chemicals makes every reasonable effort to present true and accurate information on this website, the information may contain typographical errors or inaccuracies and may not be complete or current and may relate to product description, pricing and availability. We reserve the right to correct any errors, omissions or inaccuracies and to change or update information at any time without prior notice even after you have submitted your order. We also reserve the right to limit quantities or any other information.
Indemnification
You must indemnify and hold Cutting Edge Chemicals and its employees, managers, agents, affiliates, representatives, directors, officers and shareholders (the 'Parties') harmless from any damage, loss, or expense (including without limitation, legal fees) incurred in connection with any third-party claim, demand or action brought against any of the Parties alleging that you have breached any of these terms and conditions. If you have to indemnify Cutting Edge Chemicals under this Section, Cutting Edge Chemicals have the right to control the defence, resolution and settlement of any Claim at your sole expense. You may not settle or resolve any Claim without Cutting Edge Chemicals' express written approval.
If any provision of the Terms & Conditions is adjudged to be invalid, unenforceable or void, the parties agree that the remaining provisions hereof will not be affected thereby, and that the provision in question may be replaced by the lawful provision that most nearly embodies the original intention of the parties, and that the remaining Terms & Conditions for the Site will in any event remain valid and enforceable. In cases where the applicable law does not allow the restriction, limitation or exclusion of liability, Cutting Edge Chemicals’ total liability to you, in respect of all information, representations and warranties contained in the Site, shall in no event exceed the total amount paid by you to access the Site.
Limitation of Liability
To the maximum extent permitted under law, Cutting Edge Chemicals and its affiliates and agents, shall not be liable for any direct, indirect, consequential, special, statutory, incidental and/or punitive damages, resulting from or in connection with the use or the inability to use the Site or any services, products or information obtained on or through the Site, even if Cutting Edge Chemicals or its affiliates or agents, have been advised of the possibility of such damages, including, without limitation, damages from: personal injury; property damage; downloading any Material contained on or accessed through the Site; linking to any third party site from the Site; any unauthorized access to any information on the Site and/or submitted by you to or through the Site; cost of procurement of substitute goods or services; messages received through or from the Site; and/or loss of profits, use, data or other losses.
You further agree that to the maximum extent permitted under law, Cutting Edge Chemicals and its affiliates and agents, shall not be liable for any damages arising from interruption, termination or suspension of the Site, including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. The limitations and exclusions of liability herein shall also apply to other sites which may be linked to the Site.
You acknowledge that the limitations and exclusions of liability set forth in these Terms & Conditions represent a fair and reasonable allocation of the risks and benefits of the agreement between you and Cutting Edge Chemicals, taking all relevant factors into consideration, including without limitation the value of the consideration provided by you to us, and the availability and costs of insurance with respect to the said risks. You further agree that these limitations and exclusions shall be enforceable to the fullest extent permitted by applicable law. In certain cases, the applicable law does not allow limitation or exclusion of liability and therefore the above limitation may not apply to you. However, Cutting Edge Chemicals’ total liability to you, in respect of all information, representations and warranties contained in this Site, shall in no event exceed the total amount paid by you to access the Site.
Miscellaneous
These Terms and Conditions will not be assignable or transferable by you without the prior written consent of Cutting Edge Chemicals. These Terms and Conditions will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of New South Wales without reference to conflict of law principles. These Terms and Conditions (including all of the policies and other Agreements described in this Terms and Conditions, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and Cutting Edge Chemicals are independent contractors, and no agency, partnership, joint venture, or employee/employer relationship is intended or created by these Terms and Conditions. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.
Exclusions
Replacements or credits under warranty do not apply if the product has not been installed, operated, used and/or maintained in accordance with any instructions provided with the product.
If the product has been used in a manner other than for which it was designed, to the extent permitted by relevant legislation, Cutting Edge Chemicals expressly excludes any liability for any indirect or consequential loss (including for loss of revenue or loss of use) arising from or in any way relating to the purchase or use of the product.
It is strongly recommended that the original packaging supplied with your product be retained for future safe transportation.
Revised and effective 23rd May 2018
Cutting Edge Chemicals, ABN: 88 611 637 257