Welcome to the dtrmhpv.com website. Please read these terms and conditions carefully. The following terms of use will govern your access to and use of the platform and services.
By accessing the platform and/or using the services, you agree to be bound by these terms of use. If you do not agree to these terms of use, please do not access and/or use the platform or services.
Only customers with a user account may access and use password-protected and/or secure areas and/or services on the platform. You are not authorized to access or attempt to access such areas of the platform and/or services, or any other protected information, in any manner not explicitly provided to you for specific purposes. Violation of these terms may constitute an offense under the Australian Computer Crimes Act (A.E. 2150).
If you are under the age of 20: You must obtain consent from your parent or legal guardian. By accepting these terms of use, you agree to be responsible for: (1) your actions; (2) any charges associated with your use of any services or purchase of any products; and (3) if you have not obtained parental or legal guardian consent, you represent that you accept and comply with these terms of use. You must cease using/accessing this platform and services.
Terms and Conditions of Sale
Definitions and Interpretation
Unless otherwise specified, the definitions and interpretation set out in these Terms and Conditions of Sale shall apply.
Ordering Products
2.1 Conditions You Must Comply With: You agree to comply with all guidelines, instructions, operating rules, policies, and directives regarding purchasing products through the platform as published from time to time by dtrmhpv.com (on behalf of the Seller, whether relating to use of the platform or purchase of products), including any amendments thereto. dtrmhpv.com reserves the right to amend such guidelines, instructions, operating rules, policies, and directives at any time, and such changes shall be deemed acknowledged and binding upon you once posted on the platform.
2.2 Product Description: Although the Seller has made every effort to provide accurate product descriptions, if you receive a product that is materially different from the description on the platform, neither dtrmhpv.com nor the Seller guarantees the accuracy, currency, or error-free nature of such descriptions. Subject to Clause 6 of these Terms and Conditions of Sale, the following provisions apply:
2.3 Seller: The products are sold by the “Seller.” While dtrmhpv.com may be the “Seller” for some products, “Seller” may also refer to parties other than dtrmhpv.com (referred to as “Third-Party Suppliers” in these Terms and Conditions of Sale), regardless of whether the product is listed and sold on the platform by dtrmhpv.com or by third-party suppliers. The products sold to you by the Seller are subject to the terms of a specific customer contract (see Clause 2.6):
2.3.1 For products sold by Third-Party Suppliers, the contract is entered into directly and exclusively between the Third-Party Supplier and you.
2.3.2 For products sold by dtrmhpv.com, the contract is entered into directly and exclusively between dtrmhpv.com and you.
2.4 Placing an Order: You may place an order by completing the order form on the platform and clicking the "Submit My Order" button. The Seller will not accept orders placed by any other means. You are responsible for ensuring the accuracy of your order.
2.5 Orders Are Irrevocable and Unconditional: All orders submitted via the platform are considered irrevocable and unconditional, and the Seller has the right (but not the obligation) to process such orders without further consent from you or further notice or reference to you. However, in certain cases specified in Clause 8, you may request cancellation or modification of an order; the Seller will endeavor to accommodate such requests on a commercially reasonable basis but is under no obligation to do so.
2.6 Seller’s Disclaimer Regarding Orders: The Seller reserves the right to decide, at its sole discretion, whether to accept any order, and each order accepted constitutes a separate contract (such accepted orders are referred to as "Customer Contract(s)"). You acknowledge that unless and until you receive acceptance of your order from the Seller, there is no legally binding contract between you and the Seller for the sale of products or any other arrangement, and the Seller shall not be liable for any resulting loss. For avoidance of doubt, the Seller reserves the right to refuse to process or accept any order received on or through the platform.
2.7 Seller’s Right to Terminate Contract Due to Pricing Errors: If any product is incorrectly priced on the platform, the Seller reserves the right to terminate the Customer Contract. In such an event, dtrmhpv.com, on behalf of the Seller, will notify you of such cancellation at least three days in advance. Regardless of whether the goods have been dispatched or are in transit, or whether payment has been requested, the Seller has the right to cancel the Customer Contract under these circumstances.
2.8 Product Warranty: The warranty for goods sold pursuant to a Customer Contract ("Product Warranty") shall be specified by the Seller on the platform under the "Warranty Type" and "Warranty Period" fields in the "Specifications" tab, and shall be subject to the limitations set forth in such terms and conditions. The Seller accepts no other liability. The warranties and warranty conditions set out in the Product Warranty, remedies for breach thereof, or remedies for breach of any other terms, shall supersede all other terms, conditions, warranties, and conditions, whether express or implied, whether statutory or otherwise, except as expressly stated in such Product Warranty (unless prohibited by applicable law). Unless expressly provided in the Product Warranty (unless prohibited by applicable law), the warranties and warranty conditions set out in the Product Warranty, and the remedies for breach thereof or breach of any other terms, shall supersede all other terms, conditions, warranties and conditions, whether express or implied, statutory or otherwise, relating to such goods. Any other express or implied representations or warranties regarding the supplied goods are excluded.
2.9 Customer Acknowledgement: You confirm and warrant that you have not relied on any term, condition, warranty, undertaking, inducement, or representation made by or on behalf of the Seller not expressly set forth in the Customer Contract, or any description, statement, or specification contained in any document (such as catalogues or publicly available materials) prepared by dtrmhpv.com or the Seller. You further acknowledge and agree that the exclusion of warranties, liabilities, and remedies in these Terms and Conditions of Sale and the Customer Contract are intended to allow the Seller to supply goods at a lower cost or price than would otherwise be possible and that you agree such exclusions of liability are appropriate.
2.10 No Representations or Warranties: Without prejudice to the effect of Clause 2.9 above:
2.10.1 No such conditions may be imposed or deemed to be imposed. No guarantee is made or to be deemed made as to the life or durability of the delivered goods, or their suitability for any particular purpose or use under any specific conditions, whether or not the Seller becomes aware of such purpose or conditions at any time hereafter.
2.10.2 The Seller is only obliged to deliver the goods in accordance with the general description used for their sale, regardless of whether any special or specific details are provided or are deemed to be provided by law. Any such special or specific details are to be regarded as the Seller’s opinion only. Neither dtrmhpv.com nor the Seller makes any warranty as to the quality, state, condition, or fitness for purpose of the goods.
2.10.3 dtrmhpv.com is not liable for any measures taken or actions performed by the customer or third parties or the consequences thereof, including improper remedies for defects; alterations to the goods not previously agreed to in writing by dtrmhpv.com; addition or insertion of parts; especially non-dtrmhpv.com supplied parts.
2.10.4 The Seller is not liable for any defects arising from improper or incorrect use, installation, or testing by the customer or a third party, normal wear and tear, wilful damage, negligence, abnormal working conditions, incorrect movement or maintenance, overloading, unsuitable materials and parts, improper use, inadequate foundations, chemical, electrical/electronic, or electrical effects, failure to follow dtrmhpv.com’s instructions (whether oral or written) by the customer or a third party, improper use, or alteration or repair of the goods without dtrmhpv.com's prior written consent.
2.10.5 The Seller is not responsible for repairs or remedial work performed without dtrmhpv.com’s prior written consent, or for any direct or indirect loss caused to any third party; the customer shall indemnify the Seller for any losses arising from such claims.
2.10.6 If the total price of the goods is not paid by the due date.
2.10.7 The Seller shall have no liability for any defects arising after the expiry of the applicable warranty period (if any).
2.11 Intellectual Property:
2.11.1 Unless prior written consent is obtained from dtrmhpv.com, the customer may not remove or alter any trademarks, logos, copyright marks, registration numbers, labels, tags, markings, or other identification marks, symbols, or statements on the goods.
2.11.2 Provision of software applications, drivers, or other computer programs and/or design details, technical manuals or instruction books, drawings.
