STANDARD TERMS AND CONDITIONS OF TRADE
trading as Mark Liu

These are the terms and conditions upon which Mark Liu sells goods manufactured and/or distributed by Mark Liu (the goods) to you. Acceptance of these terms are automatic upon purchase:

1. INTELLECTUAL PROPERTY - All images, photos, products, product concepts, branding and copy are the sole and exclusive property of Mark Liu. Usage of any element from this website or any literature associated with Mark Liu may not be used, reproduced or modified without the express consent by Mark Liu. Failure to comply with any of the above conditions may result in prosecution against the offending party by Mark Liu.

2. PURCHASE PRICE - The Purchase Price of the goods is provided in the Quotation and unless otherwise stated Mark Liu will be entitled to receive payment in full of the Purchase Price within 30 days of the date of the invoice. Mark Liu reserves the right to pass on any postage, handling and delivery costs associated with the despatch of goods.

3. DELIVERY - The parties agree that risk will pass to you upon the vendor(Mark Liu) either delivering the goods to you, to your nominated carrier for transportation to you or otherwise upon the vendor delivering the goods in accordance with your directions. Under these circumstances, delivery will be complete and you will be deemed to have accepted the goods notwithstanding that you are not physically present at the place or time of delivery and notwithstanding that there has been no receipt obtained for the goods upon delivery. The expected date for delivery is an approximation only. Whilst Mark Liu will endeavour as best possible to meet delivery dates, you will not be entitled to claim damages, compensation or to rescind the Agreement if Mark Liu fails to deliver the goods on the stated delivery dates. Mark Liu will not be liable to you or to any other person for any loss, cost, expense or damage whether directly or indirectly caused or arising out of any delay or failure to deliver the goods on the date specified. In the event that Mark Liu is unable to deliver the goods within the period specified as the delivery date then Mark Liu may, by giving written notice to you, terminate this Agreement prior to delivery and neither party will have any right of action or claim for damages as against the other. Notwithstanding any provision to the contrary ownership and title to the goods will not pass to you and will remain with Mark Liu until such time as the goods have been paid for in full.

4. ACCEPTANCE OF THE TERMS OF TRADE - Acceptance of our terms of trade is automatic when a purchase order is placed and goods are received by you. If you do not agree with our terms of trade, you may return the unopened goods within 3 business days of receipt of the goods from Mark Liu.

5. RETURNS POLICY - Notify us immediately if there is a problem with your order. All claims for shortages, incorrectly sent or defective goods must be made within 5 working days after receipt of goods. Any return that is an error on Mark Liu’s part will be subject to a full refund or credit. Goods may not be returned due to your ordering. You will not be entitled to a credit for the freight charged on the initial delivery of the goods. We cannot accept any return for goods returned more than 21 days after billing or where the returned goods are incomplete, not in unopened packaging and/or not in original condition.

6. TERMS OF PAYMENT - Payment is due upon invoicing and payable within 30 days. Accounts deemed to have an unsatisfactory payment record could be placed on hold or on a cash on delivery (COD) basis. Ownership and title to the goods will not pass to you and will remain with Mark Liu until such time the goods have been paid in full Payment options include cheque, electronics funds transfer and cash. Mark Liu reserves the right to charge an administrative fee on fund transfer fees incurred.

7. DEFECT OR DAMAGE TO THE GOODS CAUSED BY THE CUSTOMER - The returns policy given in the agreement by Mark Liu will not apply to any defects or faults of the goods where it is a direct or indirect result of:

• (i) lack of proper care for the goods;
• (ii) incorrect or unreasonable use of the goods;
• (iii) unauthorised alterations or modifications attempted or carried out by you or some other person on your behalf;

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