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Terms and Conditions
 
Terms and Conditions

I acknowledge that TMSS Online* gathers information from me in order to respond to my questions about product use and information. However, the TMSS Online cannot know all the factors and conditions associated with my use or intended use of the services and/or products discussed with or suggested by TMSS Online. Any advice, suggestions, recommendations or statement by TMSS Online to me, including those related to reports, product selection, use and/or application, must be independently verified and tested by me for efficacy, suitability, performance and safety. Aaronscreations Pty Ltd makes NO WARRANTY regarding the efficacy, suitability, performance or safety of the reports, products, uses, or courses of action for specific applications, services or products. By clicking on the Terms and Conditions check box, I agree that I have read the Term and Conditions of Website Use, including the disclaimer of warranties, associated with my use of TMSS Online through this website [Click here to read]. I also agree that TMSS Online and its sponsors are not responsible for any product failure or property damage (including any incidental or consequential damages thereof) that relates to advice, suggestions, recommendation or statements by TMSS Online.

*TMSS Online is owned and run by Aaronscreations Pty Ltd.

I acknowledge that any use or application suggestions by Aaronscreations Pty Ltd are not suggestions to infringe any third party intellectual property rights.

I agree that Aaronscreations Pty Ltd's Terms and Conditions of Sale [Click here to read] apply to purchases of products or services from Aaronscreations Pty Ltd including, without limitation, any limitations and exclusions of warranties and damages. Aaronscreations Pty Ltd SPECIFICALLY DISCLAIMS ANY OTHER EXPRESS OR IMPLIED WARRANTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. Aaronscreations Pty Ltd SHALL NOT BE LIABLE FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES.

 

Terms and Conditions of Website Use

Each user of the Aaronscreations Pty Ltd.com Website agrees as follows:

1. Copyrights, Confidentiality and Intellectual Property

BY ENTERING THIS SITE, THE USER ACKNOWLEDGES AND AGREES TO ALL TERMS AND CONDITIONS STATED HEREIN. IF THE USER DOES NOT AGREE TO THESE TERMS, THE USER SHOULD NOT USE THIS SITE. All copyrights, trademarks, content, business methods, graphics, designs and documents posted on this website, as well as the look and feel of this website ("Intellectual Property") are the property of Aaronscreations Pty Ltd Corporation, their affiliates (collectively "Aaronscreations Pty Ltd") and/or their licensors. Aaronscreations Pty Ltd's posting of Intellectual Property does not constitute a waiver or license to the user or any other party.

The user may download one copy of the materials on any single computer and print a copy of the materials solely for use in learning about or evaluating Aaronscreations Pty Ltd's products or services. The user may not otherwise copy, print, reproduce, distribute, transmit, upload, download, store, use, or change the materials. All such materials are copyrighted by Aaronscreations Pty Ltd or its licensors.

Permission to use documents (such as white papers) is granted, provided that (a) Aaronscreations Pty Ltd's copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (b) use of such documents is for informational and noncommercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (c) no modifications of any documents are made. Aaronscreations Pty Ltd's sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Aaronscreations Pty Ltd site may be copied or retransmitted unless expressly permitted in writing by Aaronscreations Pty Ltd.

The user agrees to hold any Confidential Information obtained as a result of using this site in confidence and, unless required by law, not to disclose the Confidential Information or use it for any purpose other than as permitted herein. The user will take all reasonable steps to ensure that Confidential Information is not disclosed by its employees or agents in violation of this Agreement. "Confidential Information" means any information labeled as "confidential" or which a reasonable person would know is proprietary information, including but not limited to, business plans, customer lists and information, financial reports and information, descriptions of manufacturing processes, and product development and marketing plans.

2. Disclaimer

This website includes information regarding Aaronscreations Pty Ltd products. This information is provided for user's general information only and does not constitute an offer to sell or a solicitation of an offer to buy products. The information is not a sufficient basis for making a decision with respect to the purchase of products. Before purchasing products, the user must conduct its own due diligence, analysis and application testing of the products, their risks and their suitability in the user's particular circumstances.

Although Aaronscreations Pty Ltd attempts to provide useful information, Aaronscreations Pty Ltd does not guarantee that the information is accurate, current or suitable for any particular purpose. Aaronscreations Pty Ltd assumes no obligation to update posted information. Aaronscreations Pty Ltd does not guarantee access to this website, or that this website will be free of viruses, or that third parties cannot tamper with this website.

THIS WEBSITE AND THE INFORMATION ON IT INCLUDING WITHOUT LIMITATION "ASK TMSS ONLINE, BLOGS, AND PODCASTS" ARE PROVIDED ON AN "AS IS" BASIS, WITH NO WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF SUITABILITY, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, TIMELINESS, TITLE OR NONINFRINGEMENT. USE OF THIS WEBSITE AND THE INFORMATION ON IT IS AT THE USER'S SOLE RISK. THERE MAY BE VIRUSES, MALFUNCTIONS WITH TRANSMISSIONS, OR OTHER SITE PROBLEMS. AARONSCREATIONS PTY LTD SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO USE OF OR RELIANCE ON THIS WEBSITE OR ANY WEBSITE OPERATED BY A THIRD PARTY TO WHICH A LINK OR REFERENCE IS PROVIDED HEREIN, OR ANY INFORMATION CONTAINED IN THIS WEBSITE OR ANY OTHER WEBSITE, INCLUDING, BUT NOT LIMITED TO INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EVEN IF AARONSCREATIONS PTY LTD IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AARONSCREATIONS PTY LTD OR ANY OF ITS EMPLOYEES, CREATES ANY WARRANTY. IF AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO NINETY (90) DAYS FROM USE OF THE WEBSITE. THE LIMITATION ON IMPLIED WARRANTIES MAY NOT APPLY TO THE USER AND THE USER MAY ALSO HAVE OTHER RIGHTS UNDER LAW IN SOME STATES. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATION MAY NOT APPLY TO THE USER.

ALTHOUGH AARONSCREATIONS PTY LTD HAS TRIED TO POST ACCURATE INFORMATION, AARONSCREATIONS PTY LTD DOES NOT WARRANT THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE. IT IS THE USER'S RESPONSIBILITY TO VERIFY ANY INFORMATION BEFORE RELYING ON IT. THE CONTENT OF THIS WEBSITE MAY INCLUDE INACCURACIES, ERRORS OR OMISSIONS. AARONSCREATIONS PTY LTD MAY CHANGE PRODUCTS AND/OR THE SERVICES AT ANY TIME AND RESERVES THE RIGHT TO MAKE CHANGES AND CORRECTIONS WITHOUT NOTICE.

3. Links To Other Websites

Links may exist between the Aaronscreations Pty Ltd website and one or more other websites operated or with content provided by other parties. Such links are for the user's convenience and information, However, Aaronscreations Pty Ltd does not evaluate or control such other websites or their contents and Aaronscreations Pty Ltd will not be liable for damages arising in relation to such websites or their content. Links do not constitute an endorsement by Aaronscreations Pty Ltd of such websites, their content or their operators. The user clicks on those links and visits those sites at the user's own risk.

4. Appropriate Use

The user agrees to abide by the laws of the user's jurisdiction and any jurisdiction with which the user communicates. The user shall not post content, which is unsuitable, or of a non-business nature including, but not limited to, profane, obscene, threatening, defamatory or demeaning statements, content that infringes third party rights or violates the law, or content that promotes violence or contains hate speech. The user hereby agrees to indemnify Aaronscreations Pty Ltd and its affiliates against damages (including attorneys' fees) brought by a third party, arising out of or alleging a breach of the user's obligations or agreements herein. Aaronscreations Pty Ltd reserves the right to terminate the user's access to the Aaronscreations Pty Ltd website if the user violates its obligations or agreements herein. The user is solely responsible for backing up all data the user inputs onto the site.

5. Security of Communications

Aaronscreations Pty Ltd has taken steps to protect the authenticity and security of communications sent to or from the Aaronscreations Pty Ltd website. Aaronscreations Pty Ltd does not, however, warrant the security of such communications.

6. Use and Confidentiality of Communications

Messages sent to the Aaronscreations Pty Ltd website grant to Aaronscreations Pty Ltd the right to read and use the communications, as Aaronscreations Pty Ltd deems appropriate in its sole discretion. Communications are not sent in confidence.

By using this site, the user acknowledges that Aaronscreations Pty Ltd reserves the right to monitor all activity and take reasonable action to protect Aaronscreations Pty Ltd's website from unauthorized use.

Please read the Website Privacy Statement for additional information about the use of your information.

7. Submissions

By using the Aaronscreations Pty Ltd website, the user agrees that Aaronscreations Pty Ltd may use and disclose, without compensating the user, any information and materials that the user submits. Aaronscreations Pty Ltd may use any ideas or know-how based on information and materials provided to Aaronscreations Pty Ltd by the user through the website. Aaronscreations Pty Ltd may acquire businesses in the future to which the user's personal information may be transferred. Aaronscreations Pty Ltd may transmit the information to another country for purposes such as storage, or because of server locations. Aaronscreations Pty Ltd will release the user's personal information if required to do so by law or court order.

8. U.S. Government

This site (including software and documentation) is a "commercial item" as that term is defined at 48 C.F.R. 2.101; consisting of "commercial computer software and commercial computer software documentation" as such, terms are used in 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government users acquire or use this site with only those rights set forth in these Terms and Conditions.

9. Use of Chat Rooms, Blogs, Bulletin Boards and Other User Forums

Aaronscreations Pty Ltd may monitor or review any areas on the site where users transmit or post communications, and/or where users communicate with each other, for the purpose of promoting efficiency, usefulness and appropriate website use. However, Aaronscreations Pty Ltd will not monitor or review every posting or communication, and Aaronscreations Pty Ltd disclaims any liability related to the content of any such postings and communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity or otherwise. While Aaronscreations Pty Ltd may monitor the content of posting and communications from time to time, Aaronscreations Pty Ltd does not endorse, sanction, or necessarily agree with the postings and communications. Any statements or materials posted, including advice and opinions, are solely the views and responsibility of those posting such statements or materials, and do not necessarily represent the views of Aaronscreations Pty Ltd. Aaronscreations Pty Ltd, in its sole discretion, reserves the right to discontinue chat rooms, blogs, bulletin boards, and/or user forums generally or with respect to any user at any time.

Content posted by users is not pre-screened by Aaronscreations Pty Ltd. Accordingly, users who access the user forums do so at their own risk, especially with respect to offensive, incorrect, and otherwise unacceptable material. Aaronscreations Pty Ltd reserves the right, in its sole discretion, to reproduce, delete, or modify any postings or content.

The following are prohibited on the Aaronscreations Pty Ltd user forums: obscene or offensive language, defamatory comments, personal information, price collusion, bid-rigging, boycotting, market/territory/customer allocation, and any other unlawful practice, conduct or information.

The user hereby agrees and warrants to Aaronscreations Pty Ltd that the submitted material: (a) is not offensive, obscene, or otherwise contrary to the laws of any jurisdiction where the website may be accessed; (b) does not violate the copyright, trademark, patent or other intellectual property rights of any person or entity; and (c) is true and accurate and does not constitute libel, slander, invasion of privacy, defamation, or violation of law.

10. License

Aaronscreations Pty Ltd grants the user a nonexclusive limited license to use and access the Aaronscreations Pty Ltd website solely in accordance with these Terms and Conditions. Aaronscreations Pty Ltd may revise or revoke such license at any time, in Aaronscreations Pty Ltd's sole judgment.

Nothing herein confers any license or right under any patent, trademark, or proprietary rights of Aaronscreations Pty Ltd, its affiliates, or any other third party. Except as expressly provided above, nothing herein confers any license or right under any Aaronscreations Pty Ltd copyright.

United States copyright law and international treaties protect this website and all software and documentation contained herein. Unauthorized reproduction or distribution is subject to civil and criminal penalties.

11. General

These Terms and Conditions will be construed in accordance with the internal laws of the State of Victoria, Australia, without regard to its conflict of laws provisions. The user hereby irrevocably consents and admits itself, himself or herself to the exclusive jurisdiction of the state and federal courts situated in the State of Victoria for purposes of litigating any dispute hereunder. Aaronscreations Pty Ltd may revise website content at anytime without notice to any user. Aaronscreations Pty Ltd may amend or make additions, deletions, and/or modifications to these Terms and Conditions at any time without prior notice. Such changes shall be effective upon posting the amended Terms and Conditions to the Aaronscreations Pty Ltd website and the user hereby agrees to be bound by such changes. Aaronscreations Pty Ltd MAKES NO REPRESENTATION THAT THE MATERIALS CONTAINED WITHIN THIS SITE ARE APPROPRIATE FOR LOCATIONS OUTSIDE AUSTRALIA. The provisions of these Terms and Conditions are severable. If any such provision is determined to be unenforceable, such unenforceability will not affect any other provision of these Terms and Conditions, and the Terms and Conditions will be construed as if such unenforceable provision had not been contained therein. No wavier by Aaronscreations Pty Ltd of any right under of provision of these Terms and Conditions will be deemed a waiver of any right.

 

TERMS AND CONDITIONS GOVERNING SALES

 

1.  GOVERNING PROVISIONS.  Aaronscreations Pty Ltd ("Aaronscreations Pty Ltd") is offering to provide the goods and/or services described herein (the Products") to the buyer to which this offer is addressed ("Buyer"), subject to the terms and conditions set forth herein (the "Agreement").  Buyer may not modify, change, renounce or waive any term or condition hereof without Aaronscreations Pty Ltd's express written consent.  Aaronscreations Pty Ltd agrees to provide to Buyer the Products and Buyer accepts the Products only on the terms of this Agreement.  Buyer may not amend, modify or replace the terms of this Agreement in any agreement or purchase order (oral or written), if one exists, or other writing or oral representation previously or hereafter received by Aaronscreations Pty Ltd purporting to amend, modify or replace the terms of this Agreement with any conflicting, different or additional terms or reciting that any action or inaction by Aaronscreations Pty Ltd constitutes agreement or consent by Aaronscreations Pty Ltd to such amendment, modification or replacement.  If this document is deemed an acceptance of a prior offer by Buyer, such acceptance is limited to the express terms contained herein.  Aaronscreations Pty Ltd hereby objects to and rejects any additional, different or varying terms proposed by Buyer, unless Aaronscreations Pty Ltd expressly assents to such terms in writing.  Such proposal of additional, different or varying terms by Buyer shall not operate as a rejection of Aaronscreations Pty Ltd's offer unless such variances are in the terms of the description, quantity, price or place or date of delivery of the Products, and Aaronscreations Pty Ltd's offer shall be deemed accepted without such additional, different or varying terms. 

 

2.  ACCEPTANCE.  Buyer shall be deemed to have made an unqualified acceptance of this Agreement by clicking the checkbox reading "I have read and agree to the Terms and Conditions" on the final checkout page in the Aaronscreations Pty Ltd.com shopping cart.  Aaronscreations Pty Ltd is deemed to have made an acceptance of this agreement upon shipment of Products.

 

3.  CANCELLATION OR MODIFICATION; RETURNS.  Buyer may not cancel or modify its order except upon terms accepted by Aaronscreations Pty Ltd in writing.  In the event of any cancellation or modification, Buyer shall compensate Aaronscreations Pty Ltd for all costs and damages resulting there from, including, but not limited to, out-of-pocket expenses and lost profits.  No Products may be returned to Aaronscreations Pty Ltd without its prior, written authorization and Products may be returned only on the terms or conditions specified in such authorization.  Returned Products must be of current manufacture, unused, in resalable condition, and securely packed to reach Aaronscreations Pty Ltd without damage.  Any cost incurred by Aaronscreations Pty Ltd to put Products in first class condition will be charged to Buyer.  All Product returned to Aaronscreations Pty Ltd shall be subject to a 25% restocking charge plus the costs of freight, packaging, insurance and any import or export costs.

 

4.  TAXES.  Buyer shall pay any tax (including sales tax), duty, custom, inspection or testing fee or any other fee or charge imposed on, in connection with or measured by the transaction between Aaronscreations Pty Ltd and Buyer in addition to the prices quoted or invoiced.

 

5.  DELIVERY.

 

(a)  Generally:  For sales, shipments and services within the United States and Australia, Aaronscreations Pty Ltd shall deliver the Products F.O.B.  Aaronscreations Pty Ltd's facility at 6 Augustus Drive, Berwick, Victoria (the "Facility"). All risk of loss, damage or delay, and title to Products, shall pass from Aaronscreations Pty Ltd to Buyer at the Facility.  Partial shipments shall be permitted.

 

(b)  Delivery Dates:  All delivery dates are approximate.  Delivery dates given by Aaronscreations Pty Ltd are based on prompt receipt of all necessary information regarding the order.  Aaronscreations Pty Ltd will use reasonable efforts to meet such delivery dates, but does not guarantee to meet such dates.  Failure by Aaronscreations Pty Ltd to meet any delivery date does not constitute a cause for cancellation and/or for damages of any kind.  Time for delivery shall not be of the essence.

 

(c)  Delivery Delays:  Any delay in delivery due to causes beyond Aaronscreations Pty Ltd's reasonable control, or due to any priorities or allocations necessitated by governmental orders or regulations, or due to any causes specified in the following sentence, shall extend the term of delivery by a period equal to the length of such delay.  In the event of delay in delivery requested by Buyer or caused by Buyer's (a) failure to supply adequate instructions; (b) failure to arrange for pickup; (c) failure to supply or approve necessary data in a timely manner; (d) requested changes; or (e) failure to provide documents required for Aaronscreations Pty Ltd to effect delivery, Aaronscreations Pty Ltd will store all Products at Buyer's risk and expense.  Buyer shall pay all storage costs and expenses upon Aaronscreations Pty Ltd's demand.

 

(d)  Claims:  Claims for shortages or other errors must be made in writing to Aaronscreations Pty Ltd within ten days after Aaronscreations Pty Ltd's delivery.  Failure to give such notice shall constitute unqualified acceptance and a waiver of all such claims by Buyer. 

 

(e)  Orders:  Buyer shall ensure that its orders are received by Aaronscreations Pty Ltd not less than 20 working days before the requested delivery dates.  Buyer's orders or mutually agreed change orders shall be subject to all provisions of this Agreement, whether or not the order or change orders so state.  Minimum online order quantity is $50 per order.

 

6.  TERMS OF PAYMENT.  We accept payments in US Dollars via PayPal accounts, VISA, MasterCard, American Express and Discover.  Payment is due and payable upon clicking the "Place Order" button on Aaronscreations Pty Ltd.com.  Payment does not constitute Aaronscreations Pty Ltd's acceptance of the order.  Aaronscreations Pty Ltd's declination of an order shall be remedied by a refund of payment to Buyer within 30 days.

 

7.  SECURITY.  If, during performance of this Agreement, Buyer's financial condition does not justify the terms of payment specified, Aaronscreations Pty Ltd may (a) demand, before proceeding with delivery of Products, full or partial payment in advance, satisfactory security or guaranties that invoices will be promptly paid when due or (b) at its option and without prejudice to other remedies, defer delivery of the Products or cancel this Agreement.  Buyer agrees to reimburse Aaronscreations Pty Ltd for all costs and fees including, but not limited to attorneys' fees and repossession fees, incurred by Aaronscreations Pty Ltd in collecting any sums owed by Buyer to Aaronscreations Pty Ltd.  Buyer agrees to pay a late payment charge of 1‑1/2% per month, or the maximum amount allowable by law, on all amounts not paid in full when due, payable on Aaronscreations Pty Ltd's demand.  Buyer shall not set off amounts due to Aaronscreations Pty Ltd against claims or other amounts.

 

8.  LIMITED WARRANTIES AND REMEDY.  

 

(a)  Products In Original Packaging and not Manufactured by Aaronscreations Pty Ltd:   IF BUYER IS PURCHASING PRODUCTS IN THEIR ORIGINAL PACKAGING AND NOT MANUFACTURED BY AARONSCREAATIONS PTY LTD, THE ONLY WARRANTY AVAILABLE TO BUYER AS TO THE PRODUCTS SHALL BE ANY MANUFACTURER'S WARRANTY WHICH MAY APPLY AND AARONSCREAATIONS PTY LTD MAKES NO INDEPENDENT WARRANTIES.  Aaronscreations Pty Ltd does not adopt, guarantee or represent that the manufacturer will comply with any of the terms of the warranty of such manufacturer.

 

(b)  Repackaged Products and Aaronscreations Pty Ltd's Products

 

(i)         Repackaged Products.  If Buyer is purchasing Products not manufactured by Aaronscreations Pty Ltd, but repackaged by Aaronscreations Pty Ltd, causing the original manufacturer's seal to be broken, Aaronscreations Pty Ltd warrants to original user only that the Products will be free from material defects in materials and workmanship attributable to the repackaging process under normal use and service for the shelf life of the Product as described in the technical data sheet, but no event longer than one year from the date of Aaronscreations Pty Ltd's delivery of such Product hereunder.

 

(ii)         Aaronscreations Pty Ltd's Products.  If Buyer is purchasing Products manufactured by Aaronscreations Pty Ltd, Aaronscreations Pty Ltd warrants to original user only that the Products will be free from material defects in materials and workmanship under normal use and service for the shelf life of the Product as described in the technical data sheet, but no event longer than one year from the date of Aaronscreations Pty Ltd's delivery of such Product hereunder.

 

(iii)        Limitations and Remedies.  There is NO WARRANTY in cases of damage in transit, negligence, abuse, abnormal usage, misuse, accidents, normal wear and tear, damage due to environmental or natural elements, failure to follow Aaronscreations Pty Ltd's instructions or improper installation, storage or maintenance.  Buyer must make claims for defects in writing within 10 days after discovery of such defects.  Buyer's failure to make such claim within the warranty period and within 10 days after discovering a defect shall constitute Buyer's irrevocable acceptance of the Products and Buyer's acknowledgement that the Products fully comply with the terms and conditions of this Agreement.  Aaronscreations Pty Ltd shall repair or replace, at its expense, any covered Products proved to Aaronscreations Pty Ltd's satisfaction to be defective within the warranty period.  Such warranty satisfaction shall be available only if:  (i) Aaronscreations Pty Ltd is notified in writing within 10 days after discovery of an alleged defect; (ii) the defect has not been caused by Buyer's misuse, neglect or alteration or by physical environment; and (iii) the manufacturer's shelf life of the Product (as indicated on the Product's packaging) has not expired when the alleged defect is discovered.  Aaronscreations Pty Ltd'S SOLE OBLIGATION AND BUYER'S EXCLUSIVE REMEDY HEREUNDER SHALL BE LIMITED TO REPLACEMENT OR REPAIR OF DEFECTIVE PRODUCTS.  Notice of any warranty claim or request for warranty service should be sent to Aaronscreations Pty Ltd at the following address:  Aaronscreations Pty Ltd, 6 Augustus Drive, Berwick, Victoria, Australia, Attention: Customer Service.  Any assistance Aaronscreations Pty Ltd provides to or procures for Buyer outside the terms, limitations or exclusions of this warranty will not constitute a waiver of the terms, limitations or exclusions of this limited warranty, nor will such assistance extend or revive the warranty.  Aaronscreations Pty Ltd will not reimburse Buyer for any expenses incurred by Buyer in repairing, correcting or replacing any defective Products, except for those incurred with Aaronscreations Pty Ltd's prior written permission.

 

This warranty gives Buyer specific legal rights, and Buyer may also have other rights which vary from state to state.

 

(c)  NO LIABILITY FOR OTHER OBLIGATIONS OR INCIDENTAL OR CONSEQUENTIAL DAMAGES:  Aaronscreations Pty Ltd SHALL NOT BE LIABLE TO BUYER, OR TO ANYONE CLAIMING UNDER BUYER, FOR ANY OTHER OBLIGATIONS OR LIABILITIES, INCLUDING, BUT NOT LIMITED TO, OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORT OR ANY THEORY OF STRICT LIABILITY, WITH RESPECT TO THE PRODUCTS (WHETHER THE PRODUCTS ARE IN ORIGINAL PACKAGING OR HAVE BEEN REPACKAGED) OR AARONSCREAATIONS PTY LTD UNDERTAKINGS, ACTS OR OMISSIONS.  IN NO EVENT SHALL Aaronscreations Pty Ltd BE LIABLE FOR INCIDENTAL, COMPENSATORY, PUNITIVE, CONSEQUENTIAL, INDIRECT, SPECIAL OR OTHER DAMAGES.  AARONSCREAATIONS PTY LTD'S AGGREGATE LIABILITY WITH RESPECT TO A DEFECTIVE PRODUCT AND THIS AGREEMENT SHALL BE LIMITED TO THE MONIES PAID TO AARONSCREAATIONS PTY LTD FOR THAT DEFECTIVE PRODUCT. 

 

Some states do not allow the exclusion or limitation of incidental and consequential damages, so the above limitation or exclusion may not apply to Buyer.

 

9.  DISCLAIMER OF IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE.  AARONSCREAATIONS PTY LTD AND BUYER AGREE THAT THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS WARRANTIES.  AARONSCREAATIONS PTY LTD HEREBY DISCLAIMS ALL OTHER EXPRESS WARRANTIES.  FOR COMMERCIAL PRODUCTS, ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED.  FOR CONSUMER PRODUCTS, WARRANTIES IMPLIED BY LAW, INCLUDING THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY LIMITED TO THE PERIOD OF THE WARRANTY STATED ABOVE FOR THE RELEVANT PRODUCT.  Any oral or written description of the Products is for the sole purpose of identifying the Products and shall not be construed as an express warranty.  Prior to using or permitting use of the Products, Buyer shall determine the suitability of the Products for the intended use and Buyer assumes all risk and liability whatsoever in connection therewith.  Buyer agrees that Aaronscreations Pty Ltd has no post–sale duty to warn Buyer or any other party about any matter or, if such duty exists, Aaronscreations Pty Ltd satisfies that duty by providing any required warnings only to Buyer.  Buyer assumes all post–sale duty to warn its customers and indemnifies Aaronscreations Pty Ltd against any Damages in connection with such duty or failure to warn.  Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to Buyer.

 

10.  ASSIGNMENT.  Neither party may assign this Agreement or any rights or obligations hereunder without the prior written consent of the other party; provided, however, Aaronscreations Pty Ltd may assign, without Buyer's consent, this Agreement or its interest herein to any affiliate or to any corporation succeeding to Aaronscreations Pty Ltd's business.  Subject to the foregoing, this Agreement shall bind and inure to the benefit of Aaronscreations Pty Ltd and Buyer and their successors and assigns.

 

11.  GOVERNING LAW.  The internal laws of the State of Victoria, Australia, shall govern the rights and obligations of Aaronscreations Pty Ltd and Buyer under this Agreement.  Neither this Agreement nor sales hereunder shall be governed by the provisions of the United Nations Convention on Contracts for the International Sale of Goods.  Any cause of action, claim, suit or demand by Buyer allegedly arising from or related to the terms of this Agreement or the relationship of the parties shall be brought in a Court situated in the State of Victoria.  Both parties hereby irrevocably admit themselves to and consent to the jurisdiction of said Court.  Upon termination of this Agreement for any reason, Aaronscreations Pty Ltd shall have all of the rights and remedies provided by law, including, without limitation, the rights of a secured party under Victoria Statutes or any successor statute or similar statute in the jurisdiction where Buyer is located or stores the Products.

 

12.  MISCELLANEOUS.  Aaronscreations Pty Ltd reserves the right to correct clerical or similar errors relating to price or any other term shown in this Agreement.  The failure of Aaronscreations Pty Ltd to insist, in any one or more instances, upon performance of any of the terms, covenants and conditions of this Agreement shall not be construed as a waiver or relinquishment of any rights granted hereunder or the future performance of any such term, covenant or condition. The invalidity of any provision or clause of this Agreement shall not affect the validity of any other provision or clause hereof.  Buyer agrees to comply with all laws and regulations applicable to the purchase, transport, use, storage, sale, lease and/or disposal of the Products including, without limitation, to the extent applicable, the U.S. Export Administration Act and all regulations thereunder.  Buyer is an independent contractor and neither Buyer nor any of its employees or agents shall be considered an employee or agent of Aaronscreations Pty Ltd.  Neither Buyer nor any of its employees or agents is authorized to incur any obligations or make any promises or representations on Aaronscreations Pty Ltd's behalf.  The provisions found in sections 11, 12, 16, 18, 19 and 20 and the warranty and damage limitations in sections 8 and 9, and any other provision the performance or effectiveness of which naturally survives, shall survive expiration or termination of the parties' agreement for any reason.  All of Aaronscreations Pty Ltd's remedies herein are cumulative and not exclusive of any other remedies available to Aaronscreations Pty Ltd at law, by contract or in equity.

 

13.  ENTIRE AGREEMENT.  THIS CONSTITUTES THE ENTIRE AGREEMENT OF THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF.  ANY NEGOTIATIONS OR UNDERSTANDINGS BETWEEN AARONSCREATIONS PTY LTD AND BUYER WHICH ARE NOT CONTAINED IN THIS AGREEMENT AND ANY AND ALL PURCHASE ORDERS, CORRESPONDENCE OR STATEMENTS THAT CONFLICT WITH, DIFFER FROM OR MODIFY THIS AGREEMENT SHALL HAVE NO FORCE OF EFFECT, UNLESS IN WRITING AND SIGNED BY AUTHORIZED OFFICERS OF AARONSCREATIONS PTY LTD AND BUYER.  AARONSCREATIONS PTY LTD SALES REPRESENTATIVES ARE WITHOUT AUTHORITY TO CHANGE THE TERMS OF THIS AGREEMENT.

 

14.  PRICE; TERMS.  Prices shall be the higher of Aaronscreations Pty Ltd's most recent quote to Buyer, prevailing market price, Aaronscreations Pty Ltd's list price, or the last price charged by Aaronscreations Pty Ltd to Buyer for the Products.  Prices are in U.S. Dollars, F.O.B./EX WORKS the Facility.  Aaronscreations Pty Ltd shall have no obligation to ship Product to Buyer unless Aaronscreations Pty Ltd shall have accepted the order and Buyer shall have paid for such order of Products in full prior to the time of delivery.

 

15.  SHIPPING; INSURANCE.  Buyer shall pay for all costs of shipping.  Buyer shall fully insure all materials delivered to Buyer from F.O.B./EX WORKS shipping point.

 

16.  PATENT INFRINGEMENT AND DEFECTS IN BUYER'S SPECIFICATIONS.  Orders manufactured to Buyer's specifications, drawings, designs or descriptions are executed only with the understanding that Buyer will indemnify and hold harmless Aaronscreations Pty Ltd from any and all damages sustained by Aaronscreations Pty Ltd, including, but not limited to, reasonable attorneys' fees, resulting from any action or threatened action against Aaronscreations Pty Ltd for (a) infringement of the patents or proprietary right of any other person, or (b) injury to person or property, including death, relating to defects in Buyer's specifications, drawings, designs or descriptions.

 

17.  FORCE MAJEURE.  Aaronscreations Pty Ltd shall not be responsible for delay in delivery or failure to fill orders or other default or damage where such has been caused by an act of God, war, major disaster, terrorism, third-party criminal acts, insurrection, riot, flood, earthquake, fire, strike, lockout or other labor disturbance, delay by carriers, shortage of fuel, power, materials or supplies, operation of statutes, laws, rules or rulings of any court or government, demand for goods exceeding Aaronscreations Pty Ltd's available supply or any other cause beyond Aaronscreations Pty Ltd's control.  In the event of any delay in delivery, failure to fill orders or other default or damage caused by any of the foregoing, Aaronscreations Pty Ltd may, at its option and without liability, prorate its deliveries, cancel all or any portion of the Agreement and/or extend any date upon which performance is due hereunder.

 

18ENGINEERING DATA.  All engineering data, design information and engineering and shop drawings used in the completion of this order are and shall remain Aaronscreations Pty Ltd's property.  Buyer shall not copy, reproduce, distribute, publish or communicate to any third party such data without the prior, written permission of a properly authorized representative of Aaronscreations Pty Ltd.  Aaronscreations Pty Ltd hereby gives its permission to the Buyer to distribute product data or operation and maintenance information to the end user. 

 

19.  INDEMNIFICATION.  Buyer hereby releases and agrees to indemnify, defend and hold harmless Aaronscreations Pty Ltd, its shareholders, officers, agents, employees, affiliates, successors, assigns and third-party suppliers ("Aaronscreations Pty Ltd's Indemnified Parties") from and against any and all direct and indirect claims, debts, actions, causes of action, liabilities, loss, suits, demands, fines, penalties, judgments, omissions, damages or expenses whatsoever, including, without limitation, attorneys' fees and costs ("Damages") incurred by or against Aaronscreations Pty Ltd or any of Aaronscreations Pty Ltd's Indemnified Parties due to or arising out of, in connection with, resulting from or relating to (i) misrepresentations, breach of the warranties, representations, covenants or agreement contained in this Agreement or any law by Buyer or any of Buyer's shareholders, directors, officers, employees, affiliates, representatives, agents, successors or assigns ("Buyer's Parties"), or (ii) any damage to or destruction of property, or injury to or death of persons caused, or alleged to have been caused, in whole or in part, by any intentional, reckless, negligent or other act (or failure to act) of Buyer or any of Buyer's Parties, or (iii) losses, damages or injuries caused by Buyer's products, Buyer's specifications, designs, approvals or instructions provided to Aaronscreations Pty Ltd, or due to improper application or use of the Products or otherwise.  Prior to settling any claim, Buyer will give Aaronscreations Pty Ltd an opportunity to participate in the defense and/or settlement of such claim.  Buyer shall not settle any claim without Aaronscreations Pty Ltd's written consent.  In the event of any recall affecting the Products, Aaronscreations Pty Ltd shall have the right to control the recall process and Buyer shall fully cooperate with Aaronscreations Pty Ltd in connection with the recall. 

 

20.  CONFIDENTIAL INFORMATION; TRADEMARKS.

 

(a)  Confidential Information:  Buyer acknowledges that all trade secrets, designs, specifications and other Confidential Information (as defined below) which may be disclosed to it by Aaronscreations Pty Ltd shall at all times, both during and after expiration or termination of this Agreement for any reason, remain the exclusive property of Aaronscreations Pty Ltd and that Buyer shall not acquire any proprietary interest whatsoever therein.  "Confidential Information" means all knowledge and information disclosed by Aaronscreations Pty Ltd to Buyer orally or in writing, or acquired by Buyer through observation, regarding Aaronscreations Pty Ltd's products, technology, inventions, formulas, know-how, services, forecasts, sales methods, customer lists, customer usages and requirements, financial information, business plans, strategies and future business relationships, that provides Aaronscreations Pty Ltd with a competitive advantage, with the exception of such information which:  (i) was already part of the public domain at the time of the disclosure by Aaronscreations Pty Ltd;  (ii) becomes part of the public domain through no fault of Buyer (but only after and only to the extent that it is published or otherwise becomes part of the public domain);  (iii) was in Buyer's possession prior to the disclosure by Aaronscreations Pty Ltd and was not acquired, directly or indirectly, from Aaronscreations Pty Ltd or from a third party who was under a continuing obligation of confidence to Aaronscreations Pty Ltd;  or (iv) is received (after the disclosure by Aaronscreations Pty Ltd) by Buyer from a third party who did not require Buyer to hold it in confidence and did not acquire it directly or indirectly from Aaronscreations Pty Ltd under a continuing obligation of confidence.  Except as necessary to perform its duties under this Agreement, Buyer shall not use or disclose any of such Confidential Information, but shall use the greater of the degree of care required by this Agreement or the same degree of care given its own trades secrets and confidential information.  Upon expiration or termination of this Agreement for any reason, Buyer shall, within 15 days, surrender to Aaronscreations Pty Ltd all plans, drawings, specifications, sketches, pictures, films, tapes, computer disks, literature, samples, documents, other tangible objects and all copies thereof relating to trade secrets and other Confidential Information and all of Aaronscreations Pty Ltd's property.  Buyer shall be permitted to destroy rather than return all analyses, extracts, and summaries prepared by Buyer which contain Confidential Information, and such destruction shall be certified in writing to Aaronscreations Pty Ltd by an authorized officer of Buyer who has supervised such destruction.  Nothing in this Agreement shall be construed to limit or negate the common or statutory law of torts or trade secrets where it provides Aaronscreations Pty Ltd with broader protection than that provided herein. 

 

(b)  Trademarks:  Any use of Aaronscreations Pty Ltd's trademarks or other intellectual property shall be subject to Aaronscreations Pty Ltd's prior written approval in each instance and such restrictions as Aaronscreations Pty Ltd may, in its sole discretion, impose from time to time.  Buyer agrees that neither it nor its affiliates will seek to register any trademark, service mark, or trade dress owned by Aaronscreations Pty Ltd or its affiliates, and if Buyer or any of its affiliates does obtain such a registration, Buyer or its affiliate shall immediately assign the same to Aaronscreations Pty Ltd.  Buyer acknowledges and agrees that Aaronscreations Pty Ltd owns all right, title, and interest in and to its trademarks.  Except as otherwise agreed by Aaronscreations Pty Ltd, Products sold by Buyer shall bear Aaronscreations Pty Ltd's trademark, and Buyer shall not remove or efface such trademark.  Buyer will not repackage the Products in any manner and resell such Products utilizing a different trademark.  Any use of Aaronscreations Pty Ltd's trademarks in advertisements or promotion must be preapproved in writing by Aaronscreations Pty Ltd.  Buyer and its affiliates agree to take all steps which Aaronscreations Pty Ltd may from time to time consider to be necessary to perfect or protect Aaronscreations Pty Ltd's rights in its trademarks including, without limitation, executing all necessary assignments, declarations, and other documents requested by Aaronscreations Pty Ltd from time to time.  Upon expiration or termination of this Agreement for any reason, Buyer and its affiliates shall take such steps and execute such documents as Aaronscreations Pty Ltd requests to cause Aaronscreations Pty Ltd to own all rights in its trademarks and to terminate any rights Buyer may have to use such trademarks.  Buyer shall inform Aaronscreations Pty Ltd promptly of any potential or actual infringement of any of Aaronscreations Pty Ltd's trademarks and shall provide all assistance and information required by Aaronscreations Pty Ltd, at Aaronscreations Pty Ltd's expense, in connection with any such infringement.

 

Lean Office Pull / JIT / Kanban PowerPoint Training Presentation
This professionally-developed presentation is designed as a 40-60 minute overview of the topic. Many customers use the presentation as part of a group learning event, individual training at a computer, or as foundation slides for a more detailed or customized training presentation.

The presentation is delivered in native Microsoft PowerPoint format for easy customization. All slides may be changed to accommodate your desired use. The only restriction is that the presentation cannot be resold without permission of Superfactory.
  • Number of slides: 46
Table of Contents:
  • Why Pull?
  • The Problem of Inventory
  • Just In Time
  • Kanban
  • One Piece Flow
  • Standard Work & Takt Time
  • Smoothing & Leveling


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