Application of These Terms and Conditions

This website is operated by Cresswell Medical

Your use of the information, pictures and other graphics on this website is governed by these terms and conditions, by the copyright and trade mark notice and by the privacy statement. By using this website you accept these terms and conditions as amended from time to time. If you do not accept these terms and conditions you must exit this website immediately.

If you enter into transactions with Cresswell Medical or any affiliate of Cresswell Medical via the facility of this website, additional terms and conditions may be applicable. If there is any inconsistency between the terms appearing here and those additional terms, the latter will prevail to the extent of the inconsistency.

Cresswell Medical may amend or close down this website and amend these terms and conditions of use at any time. By publishing this, the current version of these terms and conditions on the website, you accept that Cresswell Medical has given you sufficient notice of any changes made from time to time.

Limitation of Liability

1. Some legal obligations imposed by law cannot be excluded or limited. No attempt to limit or exclude such liability is made by Cresswell Medical.

2. Subject to:
(a) Clause 1 and to the extent permitted by law; and
(b) except as otherwise expressly provided in terms and conditions applicable to specific transactions that may be facilitated by this website, you agree that:
(c) Cresswell Medical shall not be liable to you for any loss, damage, liability, claim or expense (including but not limited to legal costs and disbursements) arising from your use of this website and whether your claim arises for breach of contract, negligence or other tort or breach of statute or otherwise and including where you allege that Cresswell Medical's wilful act or omission caused such loss etc. Cresswell Medical will not be liable for loss of profit or anticipated profit, loss of revenue, lost savings on overheads, business interruption, lost opportunity or consequential or indirect loss; and (d) all terms, conditions and warranties other than those expressly contained in this website are excluded.

3. Subject to clause 1 and to the extent permitted by law, Cresswell Medical's liability for breach of a warranty or implied term or condition that cannot be wholly excluded is limited at Cresswell Medical's option to:
(a) The supply of goods or services again;
(b) The repair of goods;
(c) The payment of the cost of having the goods or services supplied again or repaired.

Jurisdiction

The law of New South Wales, Australia governs this website and its use. You agree that you will submit to the jurisdiction of the courts of that place.