QUALITY, FEATURES and VALUE for MONEY
By accessing the websites at forza-group.com, forzamachinery.com.au, forzastyle.com.au, nikmann.com.au, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms & conditions, you are prohibited from using or accessing those sites. The materials contained in those websites are protected by applicable copyright and trademark law.
The giving to us of an order for Goods and/or Service implies acceptance of the following terms and conditions. These conditions may be varied only in writing by "The FORZA Group AU Pty Ltd"’s authorized representative. Contracts and orders are only accepted upon and subject to the Company’s conditions of quotation and sale as herein printed and the printed conditions in a buyer’s form must be deemed to be and will be treated as inapplicable. These terms apply to all Goods sold or supplied and Services provided by the Company. All sales carried out by "The FORZA Group AU Pty Ltd" are governed by the general conditions indicated below. Any other clause inserted or mentioned in any form or manner by the client and third parties is to be considered null and invalid between the parties without the specific written agreement thereto by "The FORZA Group AU Pty Ltd". The Purchaser shall submit the purchase order to "The FORZA Group AU Pty Ltd", who shall have the power to confirm or refuse it.
Unless otherwise stated therein we issue all quotations and tenders subject to confirmation by us on receipt of orders. Offers are valid for 30 days from date of quotation.
2.1 Orders, as well as subsequent variations requested in the prescribed manner and terms, are always intended as “being subject to final approval and confirmation by "The FORZA Group AU Pty Ltd". Company may be held responsible only for that which has been expressly included in the contract deriving from the order confirmation.
2.2 In any event the contract resulting from "The FORZA Group AU Pty Ltd" order confirmation is to be considered as being executed with the delivery of the goods.
Goods quoted are based on cost of production, freight, insurance, exchange, duties and other costs of importation current at the date of quotation. If between the date of the quotation and delivery of the goods a rise or fall shall occur in any of the before mentioned costs, then the price of the goods under the sale made by acceptance of the quotation shall be increased or decreased pro rata. Unless specifically stated otherwise in writing.
Unless agreed otherwise in individual instances, the price shall include all work and incidental services by the Seller (e.g. assembly, installation) and all incidental costs (e.g. appropriate packaging, transport costs including any transport and liability insurance) etc.
The sales prices are always those indicated on the order confirmation, except when stipulated otherwise in writing, between the parties. Packaging costs for the entire supply are never included, except when otherwise agreed on in writing by the Parties. "The FORZA Group AU Pty Ltd" reserves the right to modify the prices and conditions in the sales price lists, for any item or part thereof, even if already published as well as the terms of payment, at any moment, before concluding a contract, without the obligation to inform previously the holders of said price lists. In case of unusual circumstances, no matter what their nature, which do not allow to comply with the agreed conditions and terms of payment, "The FORZA Group AU Pty Ltd" reserves the right to modify the prices, the conditions in the sales price lists, for any item or part thereof as well as the terms of payment, at any moment, without the obligation to inform previously the holders of said price lists, conditions and terms of payment even after concluding the contract.
The machine is available approx. 1-180 days plus shipping time. The machine price is free on truck for Melbourne Metropolitan area. Crane charges will be charged at cost. Unless specifically stated otherwise in writing.
4.1 The delivery dates indicated are indicative only, and are not to be considered binding for "The FORZA Group AU Pty Ltd", except where otherwise agreed in writing for particular cases. In no case shall any compensation be granted to the Purchaser for delays in delivery, as long as said delay does not exceed 90 days.
4.2 "The FORZA Group AU Pty Ltd" does not accept any responsibility for the late delivery of goods in the case of strikes or other events falling under force majeur, and in these cases said company reserves the right to demand the partial or total annulment of the contract itself.
4.3 The delivery of the supply is undertaken, and must always be considered as being, ex-factory, in the ways and at the times indicated in the Contract/Invoice.
A deposit of 30% is required with order and the balance due prior to delivery. Our prices are subject to the addition of GST or other statutory impost if applicable. All prices are net cash ex our store unless otherwise stated. On Acceptance of Order, the Buyer must pay to the Company the deposit, if any, stipulated in the Contract, by cheque unless otherwise agreed.
If the Buyer defaults on any of its obligations under the Contract, the deposit paid under will be forfeited to the Company to cover our expences.
We will use our best endeavours to despatch the goods or services on the date specified but will accept no responsibility nor shall a contract be cancelled for failure to do so. Our handing over of goods ordered to a carrier or other transport body nominated by the customer constitutes delivery and loss or damage after delivery is the responsibility of the customer. If our nominated transport company delivers the goods to the customer’s premises our nominated transport company insurance will cover the goods only to the handing over point which is the moment they are lifted from the truck. We strongly recommend that the customer insure the goods before they are handed over in either of the events as described above.
The Goods are entirely at the risk of the Buyer from the moment the Goods arrive on truck at the Buyers premises. Unless otherwise agreed our handing over of goods ordered to a carrier or other transport body constitutes delivery and loss or damage after delivery is the responsibility of the customer. If requested by the purchaser we shall insure goods in transit according to his written instructions at the customer’s expense.
8.1 "The FORZA Group AU Pty Ltd" is not responsible for defects in conformity of the products and faults deriving, even indirectly, from designs, plans, instructions, software, components or anything else decided on, supplied or placed at disposal by the Purchaser, or by Third parties who act, in any capacity, on behalf of the latter.
Our guarantees are limited to the full benefits of any guarantees given by our suppliers. This supplier places a 12 months warranty based on the machine being operated up to 8 hours per day. For use in excess of 8 hours per day the term is reduced proportionally. "The FORZA Group AU Pty Ltd" warrants that products are free from defects from manufacture. Any proven defects will be rectified by "The FORZA Group AU Pty Ltd" free of charge within reasonable time limits and to terms and conditions set below.
Twelve (12) months factory warranty (except spare parts which are warranted for 90 days only) from the date of delivery to the Buyer premises, ONLY COVERS failures due to defects in materials or workmanship, and DOES NOT COVER normal wear and tear or cosmetic damage.
The warranty ALSO DOES NOT COVER damages which are caused by products not supplied by "The FORZA Group AU Pty Ltd" or failures which result from accidents, misuse, abuse, neglect, mishandling, misapplication, alteration, faulty installation, set-up adjustments, mis adjustment of controls, improper maintenance, power line surge, lightning damage, modification, introduction of dust, humidity or liquids or service by anyone other than a "The FORZA Group AU Pty Ltd" service technicians, or damage that is attributable to acts of God.
THIS EXPRESS, LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL "The FORZA Group AU Pty Ltd" BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF PRODUCTS OR ARISING OUT OF ANY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY.
In certain instances, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or the exclusion of implied warranties, so the above limitations and exclusions may not be applicable. This warranty gives you specific legal rights and you may have other rights which vary depending on your state or territory. Our guarantees are limited to the full benefits of any guarantees given by our suppliers, plus all statutory warranties provided under the Trade Practices Act and Australian Consumer Law.
The Company can not give any warranty in respect of any used or second hand Goods and, in particular, does not promise that such Goods are free of hidden defects, safe or durable or fit for any particular purpose. Where the Company agrees to commission second hand Goods, the Company nevertheless does not warrant the condition or performance of such used or second hand Goods and any costs the Company incurs in repairing, modifying or replacing parts of the Goods will be payable by the Buyer.
These warranties extend only to the Buyer and to no other person.
On discovery of any defect in the Goods, the Buyer must notify the Company in writing of such defect. All warranty claims must be received by the Company within seven (7) days of the day of discovery.
The Buyers failure to provide written notice to the Company of any alleged breach of the above warranty within the required time will release and discharge the Company from any obligation or liability for that breach of warranty.
The Buyer must not carry out any remedial work to allegedly defective Goods without first obtaining the written consent of the Company to do so otherwise all of the Company’s warranties will be voided to the full extent permitted by law.
All costs of re-installation, relocation, cartage, freight, mileage expenses and insurance are to be paid by the claimant.
"The FORZA Group AU Pty Ltd" will cover the cost of freight for parts within the warranty period, however if the parts is incorrect due to incorrect description of item, the return cost and correct part will be at the cost of the customer.
"The FORZA Group AU Pty Ltd" will not be liable for any loss or damage whatsoever.
8.2 The guarantee binds "The FORZA Group AU Pty Ltd" within a period of 60 days from written notification from the Purchaser, but only for the repair or complete and free replacement of goods or part thereof which do not conform to the order or sample, or are in some way faulty. This guarantee excludes any transport and labour cost. Any other responsibility of a contractual and extra-contractual nature for either direct or indirect damages which could be experienced by objects or people, deriving from said defect or fault, is expressly excluded.
8.3 The conformity of the goods in the supply to those ordered must be understood as being in a general sense, therefore the Purchaser cannot contest and dispute the possible presence of so-called manufacturing variances and usual accepted tolerances either for product typology or for the type of work planned for the goods ordered.
8.4 Expressly excluded, for now and always, are all and any right to compensation for damages even in the case where the defects or faults are of an epidemic nature or result from the requirements of an imperative order, as laid down by laws which have subsequently come into effect.
8.5 The current guarantee is valid for 365 days from the effective date of delivery of the goods, i.e. from the day in which written notification is sent that the goods are at the disposal of the Purchaser. In the case of "ex works" sale, the effective date of delivery of the goods means when the goods go out of our plant.
8.6 The guarantee is not effective when:
# the Purchaser has autonomously carried out modifications or repairs that have not been authorised in writing by "The FORZA Group AU Pty Ltd";
# the products are installed on devices or goods other than those previously notified to "The FORZA Group AU Pty Ltd", i.e. the goods are placed in operational conditions other than the contractual ones;
# the Purchaser is not up to date with agreed payments;
# the defects and faults are caused by faulty assembly, inexperience, overloading, wear due to lengthy use, improper use, or by lack of or inappropriate maintenance.
# the Purchaser did not follow the lubrication procedures, use machine in unpropriated way, did not understand how to set up machine, power surcharge or wrong connection, did not maintain safety work, etc.;
8.7 The guarantee furthermore is not effective in the case of the supply of dismantled machines, when the assembly at the Purchaser’s premises is not carried out directly by "The FORZA Group AU Pty Ltd" or at least under the supervision of the latter’s specialised personnel, or is carried out by the Purchaser without explicit written authorisation from "The FORZA Group AU Pty Ltd"
8.8 The Guarantee is excluded in any event when: the goods have been altered or modified by the Purchaser or by third parties in any way or form; the goods have not been submitted to an accurate general check of the structure and functionality; the faults and defects are due to normal wear for those parts which are, by nature, subject to rapid and continuous wear (eg. gaskets, belts, brushes and such like).
8.9 Hours of use of the goods exceeding 40 hours weekly shall lead to a proportionate reduction of the guarantee period.
8.10 In the case of application of the guarantee, a new guarantee time, with a duration equal to the one mentioned above will run automatically, exclusively for those parts of the goods and replaced components in the application of the present article. The new guarantee shall not apply to other parts of the machine for which the guarantee shall be extended only by the period when the machine did not operate due the defects found on the basis of the present article.
8.11 For the utilisation of the guarantee laid down in the present article, the Purchaser must, without delay and no later than 15 days from the appearance of the malfunction or breakage, notify "The FORZA Group AU Pty Ltd" in writing, of the faults and defects found, in detail, enclosing, where possible a technical report and any photographs, and shall arrange for anything deemed necessary in order for "The FORZA Group AU Pty Ltd" to carry out the required inspections and repairs.
8.12 As regards electric, electronic, hydraulic and/or other individual equipment where the manufacturer may be identified, "The FORZA Group AU Pty Ltd" is obliged only to grant the Purchaser the same guarantee it has received from the manufacturer of said parts, and at the same conditions that it would apply at the moment the defect is discovered.
8.13 At the time of delivery of the goods, the Purchaser can request the user and maintenance manual of the machine if he has not received it, and in the absence of such a request will be considered already to have received it.
The Company shall not be liable for any consequential damages or expenses suffered or incurred by the purchaser, its servants or agents, arising out of, or in connection with, work done or goods supplied by the Company.
All information contained in drawings, catalogues, price lists, photographs and other illustrations of advertising matter represents generally the subject matter but shall not be taken as necessarily representing goods the subject of an order and shall not form part of a contract.
This contract is subject to the United Nations Convention of 11 April 1980 on Contracts for International Sale of Goods and The Australian Consumer Law (ACL) to the extent to which the parties have not agreed to waive its rules or have not modified them; and for matters not disciplined by this Convention or for cases where it is not applicable for an Australian purchaser this contract is subject to Australian law.
Subject to the above conditions any contract arising from this quotation will be a firm contract and the buyer shall have no right to cancel except with the consent in writing of the Company.
The goods indicated in the contract drawn up between the parties shall fully remain the property of "The FORZA Group AU Pty Ltd" when there has been no immediate total payment or in the case where payments in instalments has been permitted, whereby instalment payments include those by means of bills of exchange and/or authorised drafts with established maturity dates. Consequently "The FORZA Group AU Pty Ltd" reserves property on the aforementioned goods until total payment has come about and nonetheless until the bills and/or bank cheques are honoured, even in accordance with this terms. The risk of deterioration of the goods is always for the Purchaser’s account, from the moment of transport carried out ex-factory, and includes all other risks from the moment of delivery, even if the price has not yet been settled in full.
The Purchaser cannot re-sell, cede, grant in guarantee, lease or grant for use to third parties under any circumstance, the purchased products, for any reason whatsoever, without having first paid for this in full to "The FORZA Group AU Pty Ltd", and undertakes to insure the aforementioned goods and to preserve them from detrimental actions possibly proposed by third parties, in any event collaborating with "The FORZA Group AU Pty Ltd" if necessary.
Commissioning is included in a price, unless specifically stated otherwise in writing. If commissioning is included in the quotation, after the machine is placed in position, a "The FORZA Group AU Pty Ltd" technician will install and set up the machine correctly. Commissioning does not include electric, pneumatic, or dust exhaust connections. Electrical leads and plugs are not supplied with the machine. The air fares, boarding and lodging are included for the installation and training.
Training is limited to an explanation of the specific utilization of the machines features and does not extend to skill training such as provided by colleges and apprentice training schools for machine operation or the third party software.
The purchaser is fully responsible for determining the suitability and fitness for purpose of goods ordered and used by it and the company, to the extent allowable by law, makes no warranties as to suitability or fitness for purpose of goods unless specifically warranted in writing.
A compulsary inspection is to be carried out by the Buyer before delivery of any Goods. Demonstrations can be made of machines as per request of the buyer, unless a custom configuartion is desired.
THE BUYER ACKNOWLEDGES HAVING READ AND AGREES TO BE BOUND BY THE ABOVE TERMS & CONDITIONS OF TRADE AND SERVICE
We respect your rights to privacy under the Privacy Act 1988 (Cth) (Act) and we comply with all of the Act’s requirements in respect of the collection, management and disclosure of your company information. Data protection is of a particularly high priority for the management of "The FORZA Group AU Pty Ltd". The use of the Internet pages of "The FORZA Group AU Pty Ltd" is possible without any indication of personal data. "The FORZA Group AU Pty Ltd" recognise the importance of protecting the privacy and the rights of individuals in relation to their personal information. This document is our privacy policy and it tells you how we collect and manage your company information.
The information on this website is copyright "The FORZA Group AU Pty Ltd". Reproduction in whole or in part or any text, photograph or illustration without the written permission of the publisher is strictly prohibited. The terms and conditions specified here below are applicable to the contents of the entire Website and, together with any page or document to which said terms and conditions can refer, they constitute the terms and conditions based on which the Administrator allows the Website to be used. Users can only use the Website if they have carefully read and accepted these Terms and Conditions of Use relative to the Website (the “Terms and Conditions”). The use of the Website by the users implies their unconditional acceptance of the Terms and Conditions. Should the user not intend to accept these terms and Conditions, they will not be able to visit the Website. "The FORZA Group AU Pty Ltd" reserves the right to change the terms and conditions of use set forth below at any time, by simply updating this page of legal notices. Therefore, the interested parties are invited to regularly check the most updated version of these Terms and Conditions. Please also note that some of the terms and conditions set forth below could be derogated or superseded by specific provisions reported in other sections of the Website. On this website, the controller has integrated components of the enterprise Facebook. Facebook is a social network. A social network is a place for social meetings on the Internet, an online community, which usually allows users to communicate with each other and interact in a virtual space. A social network may serve as a platform for the exchange of opinions and experiences, or enable the Internet community to provide personal or business-related information. Facebook allows social network users to include the creation of private profiles, upload photos, and network through friend requests. Whenever our fanpage is visited, some of the user’s personal data is collected (by using cookies, for example). This data is collected primarily by Facebook. Even visitors to this fanpage who are not logged in through Facebook are recorded. You will find information about data collection and other processing through Facebook in Facebook’s data privacy notice. On Forza Machinery website, the controller has integrated the component of Google Analytics (with the anonymizer function). Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data about the behavior of visitors to websites. A web analysis service collects, inter alia, data about the website from which a person has come (the so-called referrer), which sub-pages were visited, or how often and for what duration a sub-page was viewed. Web analytics are mainly used for the optimization of a website and in order to carry out a cost-benefit analysis of Internet advertising. The purpose of the Google Analytics component is to analyze the traffic on our website. Google uses the collected data and information, inter alia, to evaluate the use of our website and to provide online reports, which show the activities on our websites, and to provide other services concerning the use of our Internet site for us.
Google Analytics places a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, Google is enabled to analyze the use of our website. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and into which a Google Analytics component was integrated, the Internet browser on the information technology system of the data subject will automatically submit data through the Google Analytics component for the purpose of online advertising and the settlement of commissions to Google. During the course of this technical procedure, the enterprise Google gains knowledge of personal information, such as the IP address of the data subject, which serves Google, inter alia, to understand the origin of visitors and clicks, and subsequently create commission settlements.
The cookie is used to store personal information, such as the access time, the location from which the access was made, and the frequency of visits of our website by the data subject. With each visit to our Internet site, such personal data, including the IP address of the Internet access used by the data subject, will be transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.
The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Google Analytics from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Google Analytics may be deleted at any time via a web browser or other software programs. On this website, the controller has integrated components of YouTube. YouTube is an Internet video portal that enables video publishers to set video clips and other users free of charge, which also provides free viewing, review and commenting on them. YouTube allows you to publish all kinds of videos, so you can access both full movies and TV broadcasts, as well as music videos, trailers, and videos made by users via the Internet portal.
With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a YouTube component (YouTube video) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding YouTube component. If the data subject is logged in on YouTube, YouTube recognizes with each call-up to a sub-page that contains a YouTube video, which specific sub-page of our Internet site was visited by the data subject. This information is collected by YouTube and Google and assigned to the respective YouTube account of the data subject. YouTube and Google will receive information through the YouTube component that the data subject has visited our website, if the data subject at the time of the call to our website is logged in on YouTube; this occurs regardless of whether the person clicks on a YouTube video or not. If such a transmission of this information to YouTube and Google is not desirable for the data subject, the delivery may be prevented if the data subject logs off from their own YouTube account before a call-up to our website is made. We use the “Google Maps” component of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, hereinafter “Google.” Google sets a cookie in order to process the user configuration and data when the page with the integrated “Google Maps” component is displayed. As a general rule, this cookie is not deleted by closing the browser, but rather expires after a certain time, as long as it is not previously manually deleted by you. If you do not agree with this processing of your data, you may choose to deactivate the “Google Maps” service and thereby prevent the transfer of data to Google. To do this, you must deactivate the Java Script function in your browser. However, we would like to point out that in this case you will not be able to use “Google Maps” or at least only to a limited extent. The use of “Google Maps” and the information obtained through “Google Maps” is according to Google’s Terms of Use
The materials appearing on Forza Machinery websites could include technical, typographical or photographic errors. "The FORZA Group AU Pty Ltd" does not warrant that any of the materials on its website are accurate, complete or current. "The FORZA Group AU Pty Ltd" may make changes to the materials contained on its website at any time without notice. However "The FORZA Group AU Pty Ltd" does not make any commitment to update the materials. Without prejudice to any different provisions set forth herein or in other sections of the Website, all the copyrights or any other intellectual or industrial property rights or any other right of any kind in any one of the contents or aspects of the Website, belongs to the Administrator or to its licensors. These works are protected by the local laws and international treaties, and the rights to the same are expressly reserved. Any use of the contents of the Website not expressly permitted by these Terms and Conditions is forbidden. In case of breach of any of the Terms and Conditions, the Administrator reserves the right to forbid the alleged perpetrator from accessing the Website and to request that any material printed or downloaded from the Website be immediately returned or destroyed.The User is only allowed to print or download certain extracts of the Website for their own personal use, provided that:
# none of the documents or graphic elements in the Website are modified in any way;
#none of the graphic elements of the Website are used separately from the relative reference text;
#the statement of copyright and the declarations regarding the registered mark are attached to every copy of content extracted from the Website, along with the mention of this licence.
#Any digital or paper copy of materials that may have been downloaded or printed from the Website cannot be modified in any way and the images, photographs, video and audio recordings, graphics or other elements
linked to the text thereon cannot be used separately from the text and the relative credits (i.e. the certifications of copyrights).#The position of the Administrator, or of the person(s) indicated by the same as being the author of the material published on the Website must always be acknowledged. #Without prejudice to the terms set forth in point 2.2.,
no part of the Website can be reproduced or filed in any other website or included in any information filing and search system or system for the provision of services, without the Administrator's prior written consent.#Any other rights or authorisations not expressly mentioned herein are expressly reserved.
The Administrator will do everything reasonably possible, in line with the principle of commercial suitability, to ensure that the Website is always accessible. However, the Administrator will not be held liable if, for whatever reason, the Website is unavailable for certain periods of time. Access to the Website can be temporarily suspended, also without prior notice, in case of system errors, the need to provide support or perform maintenance, or for any other reasons beyond the reasonable control of the Administrator. The user is personally responsible for implementing and maintaining all the agreements and services that allow them to access the Website.
We may collect the following types of personal information:
# Company name;
# Company mailing or street address;
# Company e-mail address;
# Company telephone number;
# Company mobile number;
# Details of the products and services you have purchased from us or which you have enquired about, together with any additional information necessary to deliver those products and services and to respond to your enquiries.
Your company information will not be shared, sold, rented or disclosed other than as described in this Privacy Policy.
We are very delighted that you have shown interest in our enterprise. We may send you direct marketing e-mails and information about our products and services that we consider may be of interest to you. If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so. In addition, at any time you may cancel of receiving marketing communications from us by contacting us via e-mail or by using unsubscribe link provided in the marketing e-mail and we will then ensure that your company name is removed from our mailing list. "The FORZA Group AU Pty Ltd" informs its customers and business partners regularly by means of a newsletter about enterprise offers. The enterprise's newsletter may only be received by the data subject if the data subject has a valid e-mail address and the data subject registers for the newsletter shipping. The personal data collected as part of a registration for the newsletter will only be used to send our news letter. In addition, subscribers to the newsletter may be informed by e-mail, as long as this is necessary for the operation of the newsletter service or a registration in question, as this could be the case in the event of modifications to the newsletter offer, or in the event of a change in technical circumstances. There will be no transfer of personal data collected by the newsletter service to third parties. The subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal data, which the data subject has given for shipping the newsletter, may be revoked at any time. For the purpose of revocation of consent, a corresponding link is found in each newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website of the controller, or to communicate this to the controller in a different way.
The newsletter is distributed by “NewsLetter”, a software service of the US supplier. The email addresses of our newsletter recipients as well as the others, within the scope of these addresses, are stored on the servers of NewsLetter in the USA. NewsLetter uses this information to send and evaluate the newsletters on our behalf. In addition, NewsLetter may use this data to optimize or improve its own services, e.g. to optimize the dispatch and the presentation of the newsletter or for economic purposes, to determine from which countries the recipient. However, NewsLetter does not use the data of our newsletter recipients to address them personally or to pass on a third party. We trust in the reliability as well as the IT and data security of NewsLetter. NewsLetter is certified under the EU Privacy Shield "Privacy Shield" and is committed to comply with EU data protection requirements. We also concluded a "Data Processing Agreement" with MailChimp. This is a contract in which NewsLetter is committed to protect the data of our users, to process corresponding data protection regulations on our behalf and not to pass on a third party.
23.1 The Purchaser understands that the licensed software programmes on the machines and the user’s manuals are supplied “as they are”. "The FORZA Group AU Pty Ltd" does not issue declarations or guarantees, be they expressed or implicit, including amongst others, marketing and suitability guarantees for a specific purpose, or that the programmes are able to satisfy the needs and that these operate in the combinations chosen by the final user, that they are immune from errors or that they have functions not mentioned in the specifications and user manuals, concerning the programme, concerning the written accompanying material and any other connected programme.
23.2 The programmes installed on the machine always remain the exclusive property of "The FORZA Group AU Pty Ltd" covered by its own copyright or those of third parties, who shall only grant a user’s licence to the Purchaser, to be used exclusively and together with the same machine, and which therefore cannot be autonomously separated, assigned or alienated to third parties.
23.3 In no case can "The FORZA Group AU Pty Ltd" be held responsible for any damage, be this direct or indirect, special or consequential, which could be experienced by the final user or anyone else, resulting from the use or non-use of the licensed programmes, such as loss of earnings, suspension of work, loss of information, or other financial losses resulting from the use of the programmes. The responsibility of "The FORZA Group AU Pty Ltd" , if accepted on an exceptional basis, shall be limited to an amount equal to that effectively paid for the programme.
In no event shall "The FORZA Group AU Pty Ltd" or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on The FORZA Group AU’s website, even if The FORZA Group AU P/L or a The FORZA Group AU authorised representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
