Terms of service

Queensland Welding Supplies and its affiliates provide their services to you subject to the following conditions. If you visit or shop at Queensland Welding Supplies, you accept these conditions. Please read them carefully. Also, when you use any current or future Queensland Welding Supplies service or visit or purchase from any business affiliated with Queensland Welding Supplies, whether or not included in the Queensland Welding Supplies Web site, you also will be subject to the guidelines and conditions applicable to such service or business.

ELECTRONIC COMMUNICATIONS

When you visit Queensland Welding Supplies or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

With your consent at checkout, verbally over telephone, or in person, from time to time send you marketing emails, SMS, or communicate through social media services, such as Facebook, Instagram, WhatsApp, etc. You will be provided by law with an opt-out option. Queensland Welding Supplies uses third party applications to provide these communications. We are not responsible for the collection of your information via these platforms and do not recommend signing up to any Queensland Welding Supplies electronic communications lists via anything other than our website. 

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Queensland Welding Supplies or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Queensland Welding Supplies and protected by international copyright laws. All software used on this site is the property of Queensland Welding Supplies or its software suppliers and protected by international copyright laws.

LICENSE AND SITE ACCESS

Queensland Welding Supplies grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Queensland Welding Supplies. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Queensland Welding Supplies. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Queensland Welding Supplies and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Queensland Welding Supplies' name or trademarks without the express written consent of Queensland Welding Supplies. Any unauthorised use terminates the permission or license granted by Queensland Welding Supplies. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Queensland Welding Supplies so long as the link does not portray Queensland Welding Supplies, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Queensland Welding Supplies logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Queensland Welding Supplies does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Queensland Welding Supplies only with involvement of a parent or guardian. Queensland Welding Supplies and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning or commercial solicitation. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Queensland Welding Supplies reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Queensland Welding Supplies and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Queensland Welding Supplies and its affiliates and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Queensland Welding Supplies or its affiliates for all claims resulting from content you supply. Queensland Welding Supplies has the right but not the obligation to monitor and edit or remove any activity or content. Queensland Welding Supplies takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS

Queensland Welding Supplies and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, email us with your complaint.

RISK OF LOSS

All items purchased from Queensland Welding Supplies are made according to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

Queensland Welding Supplies and its affiliates attempt to be as accurate as possible. However, Queensland Welding Supplies does not warrant that the product description or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Queensland Welding Supplies itself is not as described, your sole remedy is to return it in unused condition.

OTHER BUSINESSES

Parties other than Queensland Welding Supplies and its subsidiaries sell product lines on this site. Also, we provide many links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Queensland Welding Supplies does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY QUEENSLAND WELDING SUPPLIES ON AN "AS IS" AND "AS AVAILABLE" BASIS. QUEENSLAND WELDING SUPPLIES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, QUEENSLAND WELDING SUPPLIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. QUEENSLAND WELDING SUPPLIES DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM QUEENSLAND WELDING SUPPLIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. QUEENSLAND WELDING SUPPLIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting Queensland Welding Supplies, you agree that the laws of Australia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Queensland Welding Supplies or its affiliates.

DISPUTES

Any dispute relating in any way to your visit to Queensland Welding Supplies or to products you purchase through Queensland Welding Supplies shall be submitted to confidential arbitration in Australia, except that, to the extent you have in any manner violated or threatened to violate Queensland Welding Supplies' intellectual property rights, Queensland Welding Supplies may seek injunctive or other appropriate relief in any court in Australia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of an independent arbitrator. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, posted on this site. These policies also govern your visit to Queensland Welding Supplies. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

1. APPLICATION FOR CREDIT

1.1 If an application for credit by me/us (the ‘Customer’) is accepted by Q.W.S. PTY. ABN 61 074 439 919 trading as QWS Welding Supply Solutions (‘QWS’) or

any of the associated entities of QWS, the Customer jointly and severally where applicable agrees to be bound by all the terms and conditions in respect of

all orders for goods and/or made by the Customer hereafter.

1.2 If QWS trades with the Customer on credit, then the credit application is deemed to have been accepted by QWS.

1.3 QWS reserves the right to refuse any application for credit.

1.4 QWS reserves the right to vary any approved credit limit in its absolute discretion without the necessity of providing any reason for its decision.

1.5 These Trading Terms and Conditions and any contract including them shall be governed by the law of Queensland and QWS and the Customer submit to the exclusive jurisdiction of the Queensland courts.

2. PRICING

2.1 The price of all goods and/or supplies whether under credit or not is exclusive of the Goods and Services Tax.

2.2 In addition to the price, the Customer shall pay the GST charged on any taxable supply, subject to receipt of a Tax Invoice complying with the GST legislation.

2.3 The Price List shall not be construed or operate as an offer or obligation to sell but shall be an invitation to treat only and QWS reserves the right to accept or

reject in its absolute discretion any orders which may be received by it.

2.4 Unless otherwise stated all prices quoted by QWS are exclusive of freight delivery costs insurance and/or other charges in relation to the transfer of the

goods from the premises of QWS to the location designated by the Customer of which all charges shall be payable by the customer.

2.5 The prices shown in the Price List are subject to alteration without notice.

3. DELIVERY

3.1 Delivery charges on orders required by all freight shall be for the account of the Customer, save and except for back orders or unless agreed to in writing and signed by QWS.

3.2 Every endeavor will be made by QWS to complete delivery within the period, if any, stated but no liability can be accepted by QWS for delay in delivery or non-delivery.

4. TIME OF THE ESSENCE

In respect of the Customer's obligation to make payment for goods sold by QWS to the Customer, time shall be of the essence for the entire contract.

5. PAYMENT TERMS

5.1 Payment for the goods and/or services sold by QWS to the Customer shall be tendered in cash, cheque, credit card or EFT prior to delivery of goods, or for approved applicants only no later than the expiration of 30 days from the end of the month stated in the invoice.

5.2 All payment terms are based on the date of the invoice and not the date goods and/or services are received.

5.3 Any variation of the Payment Terms shall be in writing and signed on behalf of QWS by a director or company secretary of QWS.

5.4 All losses, expenses and costs, including legal fees on an indemnity basis, consequent upon the Customer’s failure to pay on the due date, are recoverable from the Customer by QWS.

5.5 Interest will be charged on overdue accounts at a rate equivalent to the interest rate prescribed by section 58 of the Civil Proceedings Act 2011 (QLD) and/or rule 283 of the Uniform Civil Procedure Rules 1999 (QLD) or any replacement thereof, until payment of the debt plus all costs, charges and expenses which may be incurred by QWS are recovered.

6. TIMING OF PAYMENT

6.1 Payment shall be deemed to have been made:

6.1.1 If cash is tendered - on the date it is tendered; and

6.1.2 If a cheque (bank or otherwise) or other negotiable instrument is tendered - on the date upon which such cheque or other negotiable instrument is negotiated and cleared by QWS’ bankers.

7. APPLICATION OF PAYMENTS

7.1 Any payments tendered by the Customer to QWS shall be applied as follows:

7.1.1 Firstly, as reimbursement for any collection costs incurred by QWS;

7.1.2 Secondly, in payment of any interest charged to the Customer on any overdue account from the date of default;

7.1.3 Thirdly, in relation to obligations that are not secured under the Personal Property Securities Act 2009 (Cth) (‘PPSA’), in the order in which those obligations were incurred;

7.1.4 Fourthly, in relation to obligations that are secured, but not by purchase money security interests (as defined in the PPSA), in the order in which those obligations were incurred, then,

7.1.5 Fifthly, in relation to obligations that are secured by purchase money security interests, in the order in which those obligations were incurred.

8. RETURNS

8.1 All returns of goods or cancellations of orders must be approved by QWS.

8.2 Upon approval by QWS all returns of goods must be made within seven (7) days.

8.3 Authorised returns must be freight prepaid. QWS will credit returned goods only if they are in saleable condition.

8.4 QWS reserves the right to impose a handling charge equivalent to 15% of the price of goods returned.

8.5 The Customer will reimburse and indemnify QWS for all losses in excess of 10% including freight, bankcharge or other expenses.

8.6 Any goods returned must be received in original condition.

8.7 The following goods cannot be returned under any circumstances:

(a) any goods specially made or purchased for the Customer;

(b) any goods damaged or altered in any way by the Customer.

9. RETENTION OF TITLE

9.1 All goods delivered to the Customer by QWS remain the property of QWS until all debts owing by the Customer in respect of such goods have been paid in full. Until payment of such debts, the Customer may sell the goods only in the ordinary course of business and as QWS’ fiduciary and agent (but the Customer shall not hold itself out as such), and may for the purpose of any such sale part with possession of the goods.

9.2 If the goods are in the Customer's possession, the Customer holds the goods as trustee for QWS and must store the goods so that they are identifiable as the property of QWS and maintain a record of QWS’ goods held by the Customer.

9.3 The Customer shall in no way represent that it is acting for QWS and QWS will not be bound by the contracts with third parties to which the customer is a party.

9.4 In the event that the Customer sells the goods, all proceeds and/or moneys resulting from the sale are to be specifically accounted for as funds relating to that sale and placed into a separate account, either in the Customer's Bank account or the Bank account of the Customer's agreed agent, until payment in full to QWS under the contract.

9.5 The Customer will invoice the sale of goods supplied by QWS separately and maintain a record of debtors outstanding in relation to the sale of goods supplied by QWS to the Customer.

9.6 These provisions apply notwithstanding any arrangement under which QWS provides credit to the Customer and, to the extent, there is any inconsistency, these provisions prevail.

9.7 QWS may recover the price of the goods by such action as it considers appropriate including proceedings to appoint a liquidator to the Customer if the goods are not paid for within QWS’ usual credit terms, or any separate arrangement for credit made by QWS with the Customer, notwithstanding that property in the goods has passed to the Customer.

9.8 Until payment of all debts owing to QWS in respect of the goods is made in full, QWS may, without prejudice to any of its other rights, without prior notice, re-take, resume possession and dispose of any goods which remain QWS’ property in any way QWS sees fit, and, by its servants and agents, enter upon the Customer's premises, or any other place where the goods may be, for the purpose if:

9.8.1 There is a breach of any contract between QWS and the Customer; or

9.8.2 The Customer is declared bankrupt or being a company commences to be wound up or is placed under official management, or a receiver, or a receiver and manager, or a voluntary administrator is appointed in respect of the Customer, its undertaking or property or any part thereof, or an encumbrancer, by itself or by an agent, takes possession of the Customer's undertaking or property or any part thereof; or

9.8.3 The Customer parts with possession of the goods or any of them otherwise than by way of sale at market value in the ordinary course of business.

10. GOODS ON CONSIGNMENT

10.1 Any goods delivered to the Customer on consignment shall remain the property of QWS until paid for in full.

10.2 Any goods on consignment will be at the risk of the Customer from delivery.

10.3 The Customer shall be responsible for the maintenance and repair of any goods on consignment.

10.4 The Customer will forthwith return any goods on consignment to QWS on written demand.

11. SECURITY INTEREST UNDER THE PPSA

11.1 The Customer agrees that:

11.1.1 Each order accepted by QWS, being an order accepted under these Trading Terms and Conditions, creates a registrable security interest under the PPSA in any goods supplied under it, including goods on consignment;

11.1.2 The Customer acknowledges the right of QWS to register a financing statement under the PPSA with respect to the security interest created by these Trading Terms and Conditions;

11.1.3 If QWS registers a security interest under the PPSA, QWS may exercise any or all remedies afforded to QWS as a secured party under it without prejudice to any other rights or remedies arising out of a breach by the Customer of any agreement with QWS; and

11.1.4 The goods, including goods on consignment, are collateral for the purposes of the PPSA.

11.2 The Customer waives any right the Customer has under the PSPA to receive notice in relation to registration events.

11.3 The Customer and QWS agree that neither will disclose information of the kind specified in Section 275(1) of the PPSA.

11.4 At the election of QWS to be exercised at any time in its absolute discretion, any section of the PPSA specified in Section 115 will not apply to the extent permitted by Section 115.

12. CANCELLATION

12.1 Orders accepted by QWS cannot be countermanded or delivery deferred or goods returned except with the written consent of QWS and upon terms that

reimburse and indemnify QWS against all loss including cartage, bank charges, and other incidental expenses of any part of the order that is canceled.

12.2 Where QWS agrees to accept goods for return a re-stocking charge of 15% of the price of the goods returned will be made.

13. RISK AND INSURANCE

13.1 Upon delivery to the Customer or into the Customer's custody (whichever is the sooner) the goods shall be at the risk of the Customer and the Customer shall, at its own cost, insure the goods (in its name) against all risks for which a prudent owner would insure his goods and for their full replacement value.

13.2 This shall also apply to any partial delivery of goods. The Customer shall upon request provide a copy of the insurance policy to QWS.

14. SECURITY

14.1 To secure payment of all monies owed to QWS by the Customer, the Customer hereby gives QWS a fixed charge over all real property currently owned or later acquired by the Customer and consents to QWS registering a caveat in this regard.

14.2 If the Customer is a trustee, the Customer represents to QWS that the Customer has authority under the relevant trust instrument to trade with QWS and to give QWS a charge and security interest pursuant to this clause in its capacity as trustee.

14.3 The Customer hereby irrevocably appoints the Credit Manager from time to time of QWS as its attorney to do all things necessary to create and register each caveat and/or security interest.

15. CLAIMS

15.1 QWS shall not be obligated to recognise nor shall it be responsible in law or in equity for any credit claims for short delivery or claims for damaged goods,

unless the Customer has given written notice to QWS within seven days of the date on which the goods in question were delivered to or collected by the

Customer. If a claim is made within this time limit, acknowledgement and payment of the claim shall be at the complete discretion of QWS.

15.2 Should the Customer consider that it has any claim having regard to these Trading Terms and Conditions it is entitled to make, it shall:

15.2.1 Immediately upon becoming aware of the circumstances giving rise to such a claim, notify QWS of the nature of the claim; and

15.2.2 Allow QWS, its servants or agents full and free access to the goods in relation to which the claim is made (or the place where the goods have been applied or used) for the purpose of conducting such tests and examinations as QWS may in its absolute discretion consider necessary to determine whether the claim is justified or not.

15.3 The Customer acknowledges and agrees with QWS that:

15.3.1 Use of the goods supplied are beyond the control of QWS; and

15.3.2 Any advice, recommendation, information or services provided by QWS, its employees, servants or agents regarding the goods sold and their use shall not be construed as contractual guarantees, conditions or warranties.

16. EXCLUSION OF IMPLIED GUARANTEES, CONDITIONS AND WARRANTIES

16.1 The only guarantees, conditions and warranties which are binding on QWS in respect of the state, quality or condition of the goods supplied by it to the Customer and/or in respect of advice, recommendation(s), information or services supplied by it, its employees, servants or agents to the Customer regarding the goods, their use and application are those imposed and required to be binding by statute (including the Competition and Consumer Act 2010(Cth)) and all other guarantees, conditions and warranties whether express or implied by law in respect of the state, quality or condition of the said goods which may apart from this clause be binding on QWS are hereby expressly excluded and negatived.

16.2 The liability of QWS in respect of any guarantee, condition or warranty that cannot be excluded by law shall be limited to:

16.2.1 In the case of goods, to the repair or replacement of the foods or the supply of equivalent goods or the cost of such repair, replacement or supply; and

16.2.2 In the case of services, to having the service supplied again or payment of the cost of having the service supplied again.

16.3 Except to the extent provided in this clause QWS shall have no liability (including liability in negligence) to any person for any loss or damage consequential or otherwise howsoever suffered or incurred by any such person in relation to the goods and/or advice, recommendation(s), information or services and without limiting the generality thereof in particular any loss or damage consequential or otherwise howsoever suffered or incurred by any such person caused by or resulting directly or indirectly from any failure, defect or deficiency of whatsoever nature or kind of or in the goods/or advice, recommendation(s), information or services.

16.3 In no event shall QWS be liable for any indirect, incidental or consequential damages including for economic loss, loss of profits or damage to goodwill.

17. ORDERS

17.1 Any quotation made by QWS to the Customer from time to time, shall not be construed as an offer or obligation to sell but shall be an invitation to treat only, and QWS reserves the right to accept or reject in its absolute discretion any order which may be received by it from the Customer.

17.2 Until such time as QWS accepts in writing a written order submitted by the Customer, it shall not be obliged to supply to the Customer the goods and/or services so ordered provided always that if at any time the Customer defaults in respect of its payment obligations under these Trading Terms and Conditions, QWS may cancel or suspend any uncompleted order that has been accepted by QWS, without being liable to the Customer in any way whatsoever.

17.3 QWS shall not be obliged to sell goods and/or services to the Customer if:

17.3.1 The Customer defaults in its payment obligations hereunder; and/or

17.3.2 The Customer becomes bankrupt or goes into liquidation or goes into voluntary administration or is unable to pay its debts as they fall due.

17.4 QWS shall not be responsible to the Customer if it is unable to supply any goods and/or services due to reasons beyond its reasonable control (including but without limited to acts of God, acts of any government, war or other hostility, national or international disaster, the elements, fire, explosion, flood, power failure, equipment failure, strikes or lockouts, inability to obtain necessary supplies and raw materials, transportation delay, inability to obtain government or quasi-government approvals, permits or licences and the like and other "force majeure" occurrences).

17.5 If QWS is unable to supply the Customer's total order these Trading Terms and Conditions will apply to the supply of all or part of the order.

18. BACK ORDERS

18.1 Back orders will be supplied to the Customer on the Trading Terms and Conditions applying at the time the original order is accepted by QWS.

19. ACCEPTANCE

19.1 The Customer shall inspect the goods forthwith upon delivery and shall within 2 business days from the date of delivery give written notice to QWS of any matter or thing by reason whereof the Customer alleges that the goods are not in accordance with the contract.

19.2 If the Customer fails to give such notice then to the extent permitted by statute the goods shall be deemed to have been accepted by the Customer and the Customer shall pay for the goods in accordance with the provisions hereof.

20. PRIVACY

20.1 QWS adheres to the National Privacy Principles in respect of any personal information collected from an individual before 12 March 2014 and adheres to the Australian Privacy Principles in respect of any personal information collected from an individual on or after 12 March 2014. In respect of such personal information, QWS discloses that:

20.1.1 The identity of QWS and how to contact QWS are set out on the first page of this Application for Credit.

20.1.2 The individual is entitled to access to the personal information collected.

20.1.3 The personal information is collected for the purpose of processing the application for credit and the application for the supply of goods.

20.1.4 The only organisations to which QWS discloses the personal information are credit reporting agencies

20.1.5 The consequences if the personal information is not provided is that QWS will be unable to process the Application for Credit and/or the application for

supply of goods.

21. VIENNA SALES CONVENTION

21.1 The United Nations Convention on Contracts for the International Sale of Goods (Vienna 1980) known as the Vienna Sales Convention does not apply to goods supplied by QWS to the Customer under any contract nor do any terms or conditions express or implied by the Vienna Sales Convention form part of the contract.

22. WAIVER

22.1 No waiver by QWS of any one breach of these Trading Terms and Conditions shall operate as a waiver of another breach of the same or of any other conditions of sale and the doing and/or omission of any act, matter or thing whatsoever by QWS, its servants or agents (which but for this clause ought or might amount to a waiver of the QWS’ rights in respect of any such breach or default), shall not operate nor be deemed to be a waiver in any way of QWS’ rights and powers in respect of such breach or default any rule of law or equity to the contrary notwithstanding.

22.2 These conditions and any warranties or guarantees implied by law which are not capable of being excluded or modified, embody the entire understanding and the whole agreement between QWS and the Customer relevant to the subject matter hereof, subject to express written terms to the contrary on any written Customer order and written acceptance of it (which shall only apply to that particular order), and all previous negotiations, representations, warranties, arrangements and statements (if any) whether expressed or implied, including any collateral agreement or warranty between the Customer and

QWS or the intentions of either of the parties otherwise, are excluded and cancelled.