Terms and Conditions
1) Acknowledgments
1.1 The Customer acknowledges and agrees that:
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The Goods provided by Simply LED are of suitable size, quality, description, and material for the Customer’s intended use.
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The Customer is fully satisfied that the Goods meet all required purposes.
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The decision to order was made using the Customer’s own judgment, and not based on any written or verbal statements made by Simply LED, its employees, or agents.
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All promises, warranties, and conditions (express or implied) are expressly excluded to the extent permitted by law.
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Simply LED shall not be liable for any loss, damage, or expense (direct or indirect) suffered by the Customer or a third party related to the Goods or any deficiencies therein.
1.2 If the Customer resells the Goods, they must not:
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Misrepresent the specifications, performance, or use of the Goods.
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Make any warranties or guarantees in relation to the Goods without prior written consent from Simply LED.
2) Limitation of Liability
2.1 Simply LED’s liability is limited, to the extent permitted by law and at its sole discretion:
For Goods:
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To replacing the Goods or supplying equivalent goods;
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To repairing the Goods;
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To paying the cost of replacement or equivalent goods;
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To paying the cost of repairs.
For Services:
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To supplying the services again;
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To paying the cost of having the services supplied again.
2.2 To the extent permitted by law, all other warranties (implied or otherwise) not listed in these Terms are excluded. Simply LED is not liable for:
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Any increased costs or losses;
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Loss of profit, revenue, contracts, or anticipated savings;
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Losses resulting from third-party claims;
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Loss or damage related to information or advice provided to the Customer;
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Any special, indirect, or consequential damages from use or resale of the Goods.
3) Indemnity
3.1 To the fullest extent permitted by law, the Customer agrees to indemnify Simply LED from any loss, liability, or damage arising directly or indirectly from a breach of these Terms by the Customer or its representatives.
4) Entire Agreement
4.1 These Terms apply to all supplies of Goods by Simply LED unless otherwise agreed in writing. Any order made and accepted after the Customer accepts these Terms will be governed by them.
4.2 These Terms override all previous agreements, arrangements, or understandings. No local or trade custom will affect these Terms.
4.3 No variation or waiver is valid unless signed in writing by both parties.
5) General
5.1 Time is of the essence. Failure by the Customer to meet required timeframes constitutes a breach of these Terms.
5.2 If any part of these Terms is deemed invalid or unenforceable, it will be considered separate and will not affect the validity of the remaining provisions.
5.3 A statement from a Simply LED employee concerning any act or omission by the Customer may be used as prima facie evidence.
5.4 These Terms are governed by the laws of NSW, Australia, and the Customer submits to the non-exclusive jurisdiction of its courts.
5.5 All notices under these Terms must be in writing. Notices sent to the Customer’s last known business address are considered received upon delivery or the following business day after posting.
5.6 Simply LED will not be liable for failure or delay in fulfilling its obligations due to circumstances beyond its control (e.g. natural disasters, war, strikes, embargoes, or government actions).
