Terms & Conditions

Terms And Conditions

1) ACKNOWLEDGMENTS

1.1 The Customer acknowledges and agrees that:

  • The Goods provided by Aether Protein are of suitable size, quality, nutrition, description, manufacture, and material for the Customer's intended use.
  • The Customer is fully satisfied that the Goods are suitable for all their purposes.
  • The Customer's decision to order the Goods was based on their own judgment and not on any statements, written or oral, made by Aether Protein, its employees, or agents.
  • All promises, warranties, and conditions, express or implied by law or otherwise, regarding the Goods are hereby expressly negated to the extent permitted by law.
  • Aether Protein will not be liable to the Customer for any liability, claim, loss, damage, or expense of any kind (direct or indirect) suffered by the Customer or any third party in connection with the Goods or any inadequacy or deficiency in the Goods.

1.2 When the Customer resells the Goods, they must not:

  • Misrepresent the specifications, performance, or purpose of the Goods to anyone.
  • Make or give any warranties, guarantees, or representations in relation to the Goods without prior written consent from Aether Protein.

2) LIMITATION OF LIABILITY

2.1 Aether Protein's liability is limited, to the extent permissible by law and at Aether Protein's sole option:

  • In relation to Goods, to:
    • Replacing the Goods or supplying equivalent goods.
    • Repairing the Goods.
    • Paying the cost of replacing the Goods or acquiring equivalent goods.
    • Paying the cost of having the Goods repaired.
  • In relation to services, to:
    • Supplying the services again.
    • Paying the cost of having the services supplied again.

2.2 To the extent permitted by law, all other warranties, whether implied or otherwise, not set out in these Terms or in specific warranties accompanying the Goods, are excluded, and Aether Protein is not liable in contract, tort (including negligence or breach of statutory duty), or otherwise to compensate the Customer for:

  • Any increased costs or expenses.
  • Any loss of profit, revenue, business, contracts, or anticipated savings.
  • Any loss or expense resulting from a claim by a third party.
  • Any loss or damage whatsoever in connection with any information, written or oral, or assistance given to the Customer.
  • Any special, indirect, or consequential loss or damage of any nature whatsoever in connection with the Customer's purchase, on-sale, or use of the Goods in any way.

3) INDEMNITY

3.1 To the full extent permitted by law, the Customer will indemnify Aether Protein and keep Aether Protein indemnified from and against any liability and any loss or damage Aether Protein may sustain due to any breach, act, or omission arising directly or indirectly from or in connection with any breach of these Terms by the Customer or its representatives.

4) ENTIRE AGREEMENT

4.1 These Terms apply (unless otherwise previously agreed in writing) to the supply of Goods by Aether Protein to the Customer from time to time. Any supply of Goods by Aether Protein to the Customer made after the date of acceptance of these Terms constitutes a supply pursuant to the supply agreement formed by these Terms and the relevant order accepted by Aether Protein, and does not create a new or separate agreement.

4.2 The Customer and Aether Protein acknowledge and agree that these Terms supersede any prior agreement, arrangement, or understanding between them. No local, general, or trade custom will affect the Terms in any way.

4.3 No waiver or variation of these Terms is binding on the Customer or Aether Protein unless signed by both parties.

5) GENERAL

5.1 In respect of any matter or thing requiring action by the Customer within a stipulated time frame, time shall be considered of the essence. The Customer's failure to comply with such time frames constitutes a breach of an essential term of these Terms.

5.2 If any provision of these Terms is deemed illegal, unenforceable, or void, that provision will be considered independently of and separable from the other provisions to the extent of such illegality, unenforceability, or invalidity.

5.3 A certificate by an employee of Aether Protein regarding any act or omission by the Customer shall be accepted in all courts and at all times as prima facie evidence of the matters stated therein.

5.4 These Terms will be construed and interpreted in accordance with the laws of Victoria. The Customer irrevocably agrees to submit to the non-exclusive jurisdiction of the courts of that state.

5.5 All notices under these Terms must be in writing. A notice given by Aether Protein to the last known place of business of the Customer is deemed received on delivery or the business day in Victoria following posting, whichever is earlier.

5.6 Aether Protein shall not be liable for any failure or delay in the performance of these Terms due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes, industrial disputes, embargoes, government orders, or any other force majeure event, for the period that such failure or delay is due to such causes.