Terms & Conditions

Copyright © Roo Packaging and contributors 2014 Except as permitted by the copyright law applicable to you, you may not reproduce or communicate any of the content on this website, including files downloadable from this website, without the permission of the copyright owner. The Australian Copyright Act allows certain uses of content on the internet without the copyright owner's permission. This includes uses by educational institutions for educational purposes, and by Commonwealth and State government departments for government purposes, provided fair payment is made. For more information, see www.copyright.com.au and www.copyright.org.au. We may change these terms of use from time to time. Check before re-using any content from this website. Website Terms of Use The following are the terms of a binding legal agreement (“Terms”) between you and Roo Packaging. By accessing, browsing, and/or using this website (“Site”), you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, you should immediately discontinue all use of this Site. Roo Packaging may update these Terms from time to time. Your use of this Site after Roo Packaging posts any changes to these Terms constitutes your agreement to those changes. The material provided on this Site is protected by law, including but not limited to Copyright Law and relevant international treaties. This Site is controlled and operated by Roo Packaging from its offices within Australia. Roo Packaging makes no representation that materials on the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. The copyright in all content provided on this Site is held by Roo Packaging, except where otherwise noted. Except as explicitly stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Roo Packaging. Permission is granted to display, copy, distribute, and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without Roo Packaging’s permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. The Site may contain links to third party websites that are not owned or controlled by Roo Packaging. Any such links are provided solely as a convenience. Roo Packaging has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Roo Packaging will not and cannot review, censor, or edit the content of any third-party website. By using this Site, you expressly relieve Roo Packaging from any and all liability arising from your use of any third party website. Accordingly, we encourage you to read the relevant terms and conditions of any third party website that you visit. Roo Packaging makes no representations about the reliability of the features of this Site and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk. THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ROO PACKAGING BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL ROO PACKAGING BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND ROO PACKAGING’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL ROO PACKAGING’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS (AUD $5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. ALTHOUGH ROO PACKAGING MAKES EFFORTS TO INSURE THAT ALL MATERIAL ON THIS SITE IS CORRECT, ACCURACY CANNOT, AND IS NOT, GUARANTEED BY ROO PACKAGING. These Terms may not be transferred or assigned by you, but may be assigned by Roo Packaging without restriction. This Agreement will be governed by and construed in accordance with the laws of NSW Australia without regard to conflicts of laws principles. By using this Site, you hereby agree that any and all disputes regarding these Terms will be subject resolution in the state of NSW. You also agree that the Roo Packaging Site shall be deemed solely based in NSW and that the Site shall be deemed a passive website that does not give rise to personal jurisdiction over Roo Packaging, either specific or general, in jurisdictions other than NSW. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void, or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any of the remaining provisions. Roo Packaging shall have the right at any time to change these Terms or the Site in any way. Your use of the Site at any given time shall be deemed to constitute your acceptance of the most recent version of the Terms as of the time of your use. You are expected to review these Terms periodically to ensure familiarity with the most current version. Terms and Conditions of Sale Please Read Carefully! This Document Contains Very Important Information About Your Rights and Obligations, as well as Limitations and Exclusions that may Apply to You. This Agreement contains the terms and conditions that apply to your purchase from the Roo Packaging entity named on the invoice ("Roo Packaging") that will be provided to you ("Buyer") on orders packaging and related materials.. By accepting delivery of products and/or services and support described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH ROO PACKAGING, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER ROO PACKAGING STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, in Roo Packaging’s sole discretion. ACCEPTANCE Performance by Roo Packaging is expressly made conditional on Buyer’s assent to the terms and conditions of this order acknowledgement. Buyer agrees to these terms and conditions which shall prevail over any inconsistent provisions in any form or other paper submitted by Buyer. Any additional or different terms in any Buyer request for quotation, acknowledgment, commencement, or purchase order shall constitute a counteroffer and such counter offer shall not be accepted by Roo Packaging without written approval by Roo Packaging. The provisions of any existing written contract between Roo Packaging and Buyer for the same goods or services shall take precedence over any inconsistent terms or conditions contained in this Order Acknowledgement from Roo Packaging. Roo Packaging may, from time to time, change or supplement these terms and conditions. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) or services and support that are subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Roo Packaging. QUALITY All purchases are subject to Roo Packaging approval not withstanding prior payments and, if not in accordance with the specifications, may, at Roo Packaging’s sole option, be returned to Roo Packaging at Buyer’s expense for transportation. Roo Packaging reserves the right to change product specifications, quantities, designs or prices without notice and without liability for such changes. ACCEPTANCE TESTING Buyer may test any product provided by Roo Packaging for conformation to product specifications. Product specifications will be provided by Roo Packaging upon written request. Buyer has thirty (15) days to conduct acceptance testing and notify Roo Packaging of any non-conformities. Failure of the Buyer to conduct acceptance testing and notify Roo Packaging will be deemed acceptance of the product by the Buyer. In the event of a non-conformity, Roo Packaging will repair, replace and / or credit the non-conforming item, at Roo Packaging’s discretion. In the event of a repair or replacement, Buyer agrees to follow all of Roo Packaging procedures and to bare the costs of returning the product to Roo Packaging. QUANTITY Any goods shipped by Roo Packaging in excess of the quantity designated in any Buyer Purchase Order or tolerance from quantity previously agreed to in writing may be returned by Roo Packaging at Buyer’s sole expense. Buyer agrees to give reasonable notification to Roo Packaging that the goods in question are being returned. If Buyer wishes to change Buyer’s order, Buyer shall provide the following information to their Sales Representative: Order or confirmation number, along with the information to be changed, i.e., quantity and part numbers you wish to add and/or delete, billing or shipping address, purchase order, etc. If Buyer does not have a confirmation order, Buyer’s purchase order number, an approximate date of purchase and the billing or shipping name and address may allow Roo Packaging to locate Buyer’s order. If items ordered have been manufactured or are already in transit, changes will be regarded as an "Order Cancellation". PRICE The price(s) set forth in any Roo Packaging Order Acknowledgement are firm and shall not be changed without the prior written consent of Roo Packaging. If no price is specified in this Purchase Order, the goods shall be invoiced at the current list price. PAYMENT Payment will be due net thirty (30) days from receipt on approved credit. Where other payment terms are specified on the Order Acknowledgement, payment shall be made in accordance with those terms and conditions. If your credit has not been established with Roo Packaging, terms may be payment in advance or C.O.D. All shipments are F.O.B. factory. Items are shipped by a fast/standard method unless otherwise specified, with shipping charges and insurance prepaid and added as a separate charge on your invoice. A 1.5% per month service charge is added to delinquent accounts. In the event that it becomes necessary for Roo Packaging to incur collection costs or institute a suit to collect any amount due and payable, the customer (Buyer) agrees to pay such additional collection costs, charges, and expenses, including attorney's fees if the account is placed in the hands of an attorney or an agency for collection. Prices are subject to change without notice. Cancellation of orders is subject to approval by Roo Packaging. A minimum of 20% restocking/service charge will be applied. SHIPMENT Shipment of the goods shall be made in accordance with customary shipping practices for such goods. Unless otherwise stated in the Order Acknowledgement, no charge will be allowed for packing, boxing, cartage or insurance and Buyer shall absorb and pre-pay all shipping and insurance charges. Goods ordered in error or duplicated because mailed-in order and not clearly marked "CONFIRMING" will be subject to a 20% restocking charge, if approved by Roo Packaging. DELIVERY Buyer shall notify Roo Packaging immediately of any situation which may delay or threaten to delay the timely acceptance of services and / or receipt of goods. Roo Packaging, at its option, may cancel all or any portion of this Order Acknowledgement without liability. Acceptance of all or part of the goods, or payment therefore, or failure to notify Buyer promptly shall not waive or affect Roo Packaging’s right to cancel the order or recover damages. SERVICE AND SUPPORT Roo Packaging endeavors to provide the best customer and technical support in the industry. Roo Packaging promises that its support people will attempt to handle over the telephone any problem involving Roo Packaging’s products. However, Roo Packaging’'s support people may not be able to understand or resolve any given problem. Service offerings may vary from product to product. Roo Packaging has no obligation to provide service or support until Roo Packaging has received full payment for the product or service/support contract for which service or support is requested. Roo Packaging will provide service and support to Buyer in Australia in accordance with the terms and conditions of the services and support policies and conditions in effect on the date purchased. RETURN No returns will be accepted without prior authorization, and are subject to approval by Roo Packaging.. If, for any reason, it is necessary to return goods to us, please contact your Sales Representative for forwarding instructions. This procedure will prevent delays and enable us to resolve the situation to your satisfaction. Roo Packaging is not liable for goods returned without authorization. Returns must be sent through a traceable carrier. RISK OF LOSS Unless otherwise specified in this Order Acknowledgement, risk of loss will pass to Buyer only after shipment of the goods by Roo Packaging. Should Buyer receive damaged goods, it is imperative that Buyer save all packing materials for inspection by the carrier. Once the goods are turned over to the carrier by us, they become Buyer’s responsibility. While Roo Packaging will assist Buyer, all claims should be reported to the carrier immediately. Failure to do so makes Buyer, liable for payments of those goods should damage claims be rejected by the carrier. All claims must be made within 7 days of receipt of goods. PRODUCT LIMITATIONS It is the user’s responsibility to validate the performance of Roo Packaging products for any particular use, since the performance characteristics are not always established. WARRANTY Roo Packaging warrants that Roo Packaging holds clear title to all products transferred to Buyer under this agreement and is under no legal restraint which would prohibit transfer of possession or title to Buyer. Roo Packaging products are warranted to meet the stated performance and quality and to be free of defects in material and workmanship. They are not warranted, nor does Roo Packaging assume liability, if misused. NO OTHER WARRANTY OR REPRESENATI0N IS IMPLIED OR EXPRESSED BY ROO PACKAGING FOR ITS PRODUCTS WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER MATTER. ROO PACKAGING SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR COMPENSATORY DAMAGES ARISING FROM USE OF, OR IN CONJUNCTION WITH, ITS PRODUCTS. The maximum liability that can be assumed by Roo Packaging for breach of warranty shall be the invoice price of the product. The information published by Roo Packaging is, to the best of its knowledge, correct and accurate but is not guaranteed to be so. The sale of any product by Roo Packaging does not waive any patent restrictions connected with those products.