To the fullest extent legally possible, all dealings between Simplypics.com and each of its subsidiaries, divisions, affiliates, associated
companies and related entities and any successors and assigns ["Simplypics.com "] and any Customer relating to any Simplypics.com "Products",
"Services" or transactions are subject to the following Terms & Conditions of Trade ("these Terms") unless otherwise agreed in writing.
Limitation Of Liability: a) The Customer agrees to limit any claim it makes to the cost of re-supply of equivalent Products or the supply
of Services again b) Simplypics.com shall not be liable for any claim loss or expense arising which is made after 14 days from date of
delivery of Product or Services (or at all once Products have been unpacked, on-sold or otherwise used or applied in any way opened after sale)
after which there shall be deemed to have been unqualified acceptance c) Simplypics.com will not be liable for any contingent consequential
direct indirect special or punitive damage arising whether due to negligence or otherwise & the Customer acknowledges this express limit of
liability & agrees to limit any claim accordingly d) No other term, condition, agreement, warranty, representation or understanding whether
express or implied other than these Terms, is made or given by Simplypics.com.
Exclusions: a) No dealing between Simplypics.com & the Customer shall be or be deemed to be a sale by sample b) If Simplypics.com publishes
material concerning its business or prices, anything so published which is incompatible with these Terms is excluded c) The Customer will rely
on its own knowledge & expertise in selecting any Product or Services for any purpose. Any advice or assistance given for or on behalf of
Simplypics.com shall be accepted at the Customer's risk & shall not be or be deemed given as expert or adviser nor to have been relied upon by
the Customer or anyone claiming through the Customer.
Purchase Price: a) All sales are made by Simplypics.com at its ruling price at time of delivery b) government imposts, AU, GST etc ("imposts")
USD, or said country Tax will be paid by the Customer c) any Simplypics.com price list, estimate or quote excludes imposts unless
expressly noted thereon.
Other Terms & Conditions: (a) No terms & conditions sought to be imposed by the Customer upon Simplypics.com shall apply, unless otherwise
agreed in writing (b) Simplypics.com standard Terms and Conditions of Purchase will apply to all purchases from the Customer to the
exclusion of any Customer terms or conditions.
Jurisdiction: All contracts and dealings with Simplypics.com shall be deemed to be made in the State/Territory nominated by Simplypics.com
as Queensland Australia. The Customer agrees to submit to the jurisdiction of the appropriate Courts in the Australian state of Queensland. Any claims made will be heard in the court of Townsivlle Queensland Australia, and if court ruling is found against Simplypics.com, the dollar amount will be not more then
$10.00AUD paid out by Simplypics.com. The Customer will pay any industry or legally imposed court cost which applies to any act in
said court of law.
Waiver: If Simplypics.com elects not to exercise any of its rights as a result of any breach of these Terms, it shall not be a
waiver of any rights relating to any subsequent or other breach.
Indemnity: a) The Customer indemnifies Simplypics.com against any claim or loss arising from or related to any dealing with
Simplypics.com or anything arising therefrom, including any liability arising under the Trade Practices Act any other law or
otherwise b) nothing in these Terms will derogate from Simplypics.com' right to maintain any action against the Customer for
any part of any unpaid purchase price, for any monies owed to Simplypics.com for any damages loss, liability or any other cause of action.
These Terms & Conditions of Trade can and will be updates as need be. Customer is advised to come back to visit this page to
stay up to date with the Simplypics.com Terms & Conditions of Trade.
Administrator. Simplypics.com