Conditions of Use for Muso’s Stuff Websites
Access to this website is granted by Muso’s Stuff subject to the following conditions. If you do not agree to any of these conditions, please discontinue your access.
The information and materials contained in this site and all sites linked to this site (“website”), including text, graphics, links or other items – are provided “As is”, “As Available”. Muso’s Stuff does not warrant the accuracy, adequacy, reliability or completeness of this information and materials and expressly disclaims liability for errors or omissions in such information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials.
Muso’s Stuff does not make any representation, warranty or endorsement of any of the products, services or information provided in this website. All products and services sold shall be subject to our Terms and Conditions of Sale
This disclaimer shall take effect to the fullest extent permitted by law.
The copyright in this website is owned by Muso’s Stuff, its agents and/or professional advisors. No part of parts hereof may be reproduced, distributed, republished, displayed, broadcast, hyperlinked or transmitted in any manner or by any means or stored in an information retrieval system without the prior written permission of Muso’s Stuff or the copyright owner provided that permission is granted to download and print the materials on this website 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 will immediately destroy any downloaded and printed materials. You also may not, without Muso’s Stuff permission, “mirror” any material contained on this website on any other server.
All of our products are guaranteed against defects for 30 days from the date of delivery. Except as expressly stated herein, we make no representations or warranties, either expressed or implied, of any kind with respect to the products sold in this website. Except as expressly stated herein, we expressly disclaim all warranties, expressed or implied, of any kind with respect to the products sold on this website, including but for a particular purpose. You agree that the sole and exclusive maximum liability to our account arising from any product sold on the account is the price of the product(s) ordered. In no event are our account, its directors, officers.
Exclusion of liability
Muso’s Stuff shall in no event be liable for any damages, loss or expense including without limitation, direct, indirect, special, or consequential damage, or economic loss arising from or in connection with:
- any access, use or the inability to access or use this website, or reliance on the contents of this website;
- any system, server or connection failure, error, omission, interruption, delay in transmission, or computer virus;
- any use of or access to any other website linked to this website;
- any product, service or information of any merchant or service provider,
even if Muso’s Stuff or its agents or employees are advised of the possibility of such damages, losses and/or expenses. Any hyperlinks to any other websites are not an endorsement or verification of such websites and such websites should only be accessed at the user’s own risks. This exclusion clause shall take effect to the fullest extent permitted by law.
Any material, information or idea you transmit to or post on this website by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Muso’s Stuff or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. You are prohibited from posting or transmitting to or from this website any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
Governing Law and Jurisdiction
Any facilities and/or services offered through this website are strictly for Muso’s Stuff customers access and/or use in Australian Region. Other than as aforesaid, nothing in this website shall be construed as Muso’s Stuff providing services and facilities outside of the abovementioned territories. By accessing this website and using the facilities and/or services offered through this website, you agree that Australian and Victorian law shall govern such access and the provision of such facilities and/or services and you agree to submit to the exclusive jurisdiction of the Australian and Victorian courts.
Muso’s Stuff may at any time revise these Conditions of Access by updating this version. By using this website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current version of the Conditions of Access to which you are bound.
Terms and Conditions of Sale
“Muso’s Stuff” means the Muso’s Stuff subsidiary company selling products to the Customer as identified in Muso’s Stuff Quotation or Invoice.
“Customer” means the person or legal entity identified in Muso’s Stuff Quotation or Invoice.
“Contract” means a contract for sale by Muso’s Stuff to the Customer of the products and/or services incorporating the Terms and Conditions.
Formation of Contract
- No Contract shall come into existence until the Customer’s order has been accepted by Muso’s Stuff and such acceptance has been received by the customer. The contract shall deemed to be concluded at the time and place where such acceptance is received by the Customer.
- The products sold and/or services rendered are subject to the Terms and Conditions to the exclusion of any other terms and conditions stipulated or referred to by Customer. The Customer acknowledges that it is aware of the contents of and agrees to be bound by the Terms and Conditions.
Orders, Price and Payment
- Unless credit terms have been expressly agreed by Muso’s Stuff, payment for the products or services shall be made in full before physical delivery of products or services.
- Customer shall pay for all shipping and handling charges.
- Customer shall bear all country, provincial, government, state and local sales, use, goods and services, value added, excise, privilege and similar levies/taxes.
- Time for payment is of the essence. Muso’s Stuff reserves the right to charge interest at the rate of 2% above the base commercial floating rate for Bendigo Bank in Victoria.
- All software provided is subject to the terms and conditions of the license agreement relating to that software. Customer acknowledges its obligations to abide by such license agreements. Customer acknowledges that Muso’s Stuff does not warrant any software under these Terms and Conditions. All software is warranted in accordance with the license agreement that governs its use.
- All rights, title or interest in respect of the intellectual property rights in the software remain with Muso’s Stuff or the licensor of the software at all times.
Title and Risk
- Title to and risk in the products shall pass to the Customer upon delivery of the products to Customer.
- Title to those products, which are software, shall remain with the applicable licensor(s) at all times.
- Muso’s Stuff shall deliver the products to the place of delivery designated by Customer and agreed to by Muso’s Stuff (“Place of Delivery”).
- Muso’s Stuff may, at its discretion, deliver the products by instalments in any sequence. Where the products are so delivered by instalments, each instalment shall be deemed to be the subject of a separate contract and no default or failure by Muso’s Stuff in respect of any one or more instalments shall vitiate the Contract in respect of products previously delivered or undelivered products.
- Any dates quoted by Muso’s Stuff for the delivery of the products are approximate only and shall not form part of the Contract. Muso’s Stuff shall not be liable for any delay in delivery of the products and/or services, howsoever caused.
Acceptance of Products
- Unless the Customer notifies Muso’s Stuff to the contrary on the day of delivery and such notification is confirmed in writing within two days, the Products shall be deemed to have been accepted by the Customer as being in good condition and in accordance with the Contract. The Customer shall not be entitled to withhold payment of all or any of the price of the Products whilst any claim is being investigated by Muso’s Stuff.
- New Muso’s Stuff-branded Products (excluding Muso’s Stuff co-branded products) purchased under these Terms and Conditions directly from Muso’s Stuff by an end-user Customer may be returned by Customer up to fifteen (15) days from the date of the invoice for a replacement, refund or credit of the purchase price. The refund or credit will not include any shipping and handling charges forming part of the purchase price. Shipping and handling charges for the return of the Products will be charged to the Customer and subtracted from the refund or credit amount. Returned Products must be received by Muso’s Stuff in as-new or as-shipped-by-Muso’s Stuff condition, including conformance to invoiced specification, and all of the cases, manuals, diskettes, CDs, power cables, and other items included with a Product must be returned with it.
- Unless specified otherwise, Muso’s Stuff warrants to the Customer that Muso’s Stuff branded Products (excluding third party products and software), will be free from defects in materials and workmanship affecting normal use for a period of one year from invoice date (“Standard Warranty”).
- This Standard Warranty does not cover damage, fault, failure or malfunction due to external causes, including accident, abuse, misuse, problems with electrical power, servicing not authorized by Muso’s Stuff, usage and/or storage and/or installation not in accordance with Product instructions, failure to perform required preventive maintenance, normal wear and tear, act of God, fire, flood, war, act of violence or any similar occurrence; any attempt by any person other than Muso’s Stuff personnel or any person authorised by Muso’s Stuff, to adjust, repair or support the Products and problems caused by use of parts and components not supplied by Muso’s Stuff. The Standard Warranty does not cover any items that are in one or more of the following categories: software; external devices; accessories or parts added to the Product after the Product is shipped from Muso’s Stuff; accessories or parts added to the Product through Muso’s Stuff Custom Factory; accessories or parts that are not installed in the Muso’s Stuff factory.
- During the one-year period beginning on the invoice date, Muso’s Stuff will repair or replace Products returned to Muso’s Stuff shop. Customer must prepay shipping and transportation charges, and insure the shipment or accept the risk of loss or damage during such shipment and transportation. Muso’s Stuff will ship the repaired or replacement products to Customer freight prepaid.
- Muso’s Stuff does not give any warranty that the Products are fit for any particular purpose and this Standard Warranty is given in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, trade usage, course of dealing or otherwise including warranties or conditions of merchantability, fitness for purpose, satisfactory quality and/or compliance with description, all of which are hereby excluded to the fullest extent permitted by law.
- The Customer agrees that, in relation to third party products purchased through Muso’s Stuff, where such of the Products are covered by a relevant manufacturer’s warranty, then the Standard Warranty shall not extend to such Products and such manufacturer’s warranty shall be the sole warranty in respect of such Products. The Customer shall utilise that warranty for the support of such Products and in any event not look to Muso’s Stuff for such warranty support.
- Muso’s Stuff total liability herein in respect of each event or series of connected events shall not exceed the total price paid for the purchase of products and/or services under these Terms and Conditions.
- The Customer shall indemnify Muso’s Stuff and keep Muso’s Stuff fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or wilful misconduct of the Customer, its employees, agents or sub-contractors or by any breach of its contractual obligations arising out of these Terms and Conditions.
- Muso’s Stuff and Customer agree that Muso’s Stuff will not be liable for Products not being available for use, or for data or software which is lost, corrupted, deleted or altered. Muso’s Stuff shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use or performance of products or services, even if Muso’s Stuff has been advised of their possibility.
- Any service response times stated by Muso’s Stuff in the service contracts are approximate only and Muso’s Stuff shall not be liable for any direct or indirect loss or damage arising from its failure to meet such response times, howsoever occasioned.
- Any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by Muso’s Stuff shall be subject to correction without any liability on the part of Muso’s Stuff.
Neither party shall be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of the party so delaying, and such party shall be entitled to a reasonable extension of time for the performance of such obligations.
The Customer acknowledges that the Products licensed or sold hereunder, which may include technology and software, are not only subject to the export control laws and regulations of the United States (“U.S.”) but may also be subject to the export control laws and regulations of the country in which the Products are received. The Customer agrees to abide by all applicable export control laws and regulations. Under such laws and regulations, the Products purchased may not be sold, leased or otherwise transferred to restricted end-users or to restricted countries. In addition, the Products may not be sold, leased or otherwise transferred to, or utilized by, an end-user engaged in activities related to weapons of mass destruction, including but not necessarily limited to, activities related to the design, development, production or use of nuclear materials, nuclear facilities, or nuclear weapons, missiles or support of missile projects, or chemical or biological weapons. The Customer understands that applicable requirements or restrictions may vary depending on the Products delivered and may change over time and that, to determine the precise controls applicable to the Products acquired, it may be necessary to refer to relevant laws and regulations.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Victoria and shall be subject to the non-exclusive jurisdiction of the courts of Victoria.
- The Customer shall not be assign or otherwise transfer any Contracts or any of its rights and obligations hereunder whether in whole or in part without the prior written consent of Muso’s Stuff. Any such unauthorized assignment shall be deemed null and void.
- If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
- Under the Trade Practices Act 1974 (“Act”), where implied conditions and warranties cannot be excluded, Muso’s Stuff liability for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at Muso’s Stuff option, to (a) in the case of products, the replacement of the products or the supply of equivalent products; the repair of such products; the payment of the cost of replacing the products or of acquiring equivalent products; or the payment of the cost of having the products repaired OR (b) in the case of services, the supplying of services again; or the payment of the cost of having the services supplied again.