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All Products sold by Protek Nano online are sold on these terms and conditions


INTERPRETATION AND DEFINITIONS

  1. The terms defined have the same meanings when used throughout this Deed.
  2. Unless the contrary intention appears:
    1. the singular includes the plural and vice versa;
    2. a reference to a person includes a corporation or other business entity andincludes a reference to the person’s executors, administrators, successors,transferors, substitutes (including persons taking by novation), assigns,liquidators, administrators and receivers as the case may be;
    3. an agreement, representation or warranty on the part of or in favour of two (2) ormore persons bind or is for the benefit of them jointly and severally;
    4. if a period of time is specified and commences from a given day or the day of anact or event, it is to be calculated exclusive of that day;
    5. a reference to time shall mean Western Standard Time;
    6. a reference to any method of transport of goods includes a reference to all othermethods of transport.
  3. The following words have the following meanings:
    1. “contract Disease” is a reference to contracting the Disease which is caused bythe Virus
    2. “Disease” Means coronavirus disease (also known as COVID-19);
    3. “Loss” means any:
      1. damage suffered by a party;
      2. loss suffered by a party;
      3. liability incurred by the party to any other party whichmay be present, prospective or contingent liability;
      4. amounts paid by the party to any third party by reasonof a claim brought against the party by that third party,including amounts paid to settle that claim;
      5. cost, charge, expense, outgoing, payment orexpenditure of any nature and, where appropriate,includes fees and disbursements payable to suppliers,contractors and consultants; and
      6. cost payable by a party to that party’s legalrepresentatives on a fully indemnity basis;
    4. “Membrane" Means a functional nanofibre-based antiviral membrane which has the properties referred to in this Agreement;
    5. “Person” includes a firm, a body corporate, an unincorporatedassociation and an authority;
    6. “Products” means face masks and other items of personal protectiveequipment which contain the Membrane;
    7. “Virus” Means severe acute respiratory syndrome coronavirus 2(also known as SARS-CoV-2);

1. CONTRACT

  1. A purchaser who purchases Products via this website enters into a contract for their supply of the items selected on the terms and conditions contained below.
  2. If you do not wish to be subject to the terms and conditions contained below, do not purchase Products from this website.

2. VARIATION OR AMENDMENT OF ORDERS

  1. No order for Products may be amended or varied after purchase. If additional products are required, an additional order must be made and that order will attract shipping costsas calculated at checkout.

3. PAYMENT

  1. Payment will be deducted from the purchaser’s credit card, debit card, via PayPal or other accepted method of payment at the time that the purchaser clicks to confirm thepurchase.
  2. The Purchase Price does not cover the cost of import duties, taxes and obtaining any documentation necessary for the Products to clear customs in the destination country,all of which must be paid by the purchaser.

4. SHIPPING

1. Shipping costs will be charged to the purchaser at the time of checkout.

2. Commercial purchasers wishing to purchase more than the allowed quantities must contact Protek Nano through the website for bulk orders and shipping charges.

5. PAYMENT METHOD NOT HONOURED

1. If the purchaser’s chosen method of payment is not honoured by the entity supplying the payment method service, the purchase will not be processed and the Productswill not be shipped.

6. SUPPLY OF PRODUCT

  1. Risk in the Products passes to the Purchaser upon the Products being shipped and Protek Nano:
    1. Will have discharged its obligation to send ordered Products by deliveryto the shipping service; and
    2. is not responsible for Products lost, stolen or damaged in the course ofshipping.
  2. The Purchaser acknowledges that:
    1. demand for Product will vary in accordance with the prevailing incidence ofcontraction of the Disease or other diseases against which the Product offers itsstated degree of protection and that therefore Product may at times be availablein reduced quantities or not at all; and
    2. Protek Nano will not be liable for any loss or damage which the Purchaser suffersas a result of lack of availability of Product.
  3. Product will be delivered at the delivery address specified by the purchaser at the time of purchase and Protek Nano is not responsible for any non-delivery caused by anyissue arising out of the way the delivery address has been specified or any site issuesmaking delivery to that address impossible.
  4.  Shipping times are an estimate only, and may be affected by factors outside Protek Nano’s control. Protek Nano is not responsible for and the customer releases ProtekNano in respect of any loss or damage suffered by them due to shipping delays outsideProtek Nano’s control.

7. WARRANTY

  1. Subject to clause 8, Protek Nano warrants that the Products will be of merchantable quality and fit for their purpose and shall replace any Product which is not ofmerchantable quality or fit for its purpose upon it being returned and deemed not ofmerchantable quality or fit for its purpose by Protek Nano.
  2. The purchaser must pay the cost of return shipping on warranty claims and if the claim is accepted, Protek Nano will pay the cost of shipping a replacement of the Product.7.3. If more than one unit of Product is ordered and there are warranty claims in respectof multiple units in that order, then:
    1. The purchaser shall only make a claim in respect of, and return, units of Product which are not of merchantable quality or fit for their purpose; and
    2. If units of Product which are of merchantable quality and are fit for their purposeare returned (either on their own or as part of an order which contained unitsnot of merchantable quality or fit for purpose), Protek Nano will not replace thoseunits or pay any compensation for them.

8. PURCHASER ACKNOWLEDGEMENT

  1. The Purchaser acknowledges that in offering Products for sale for the protection of wearers against contracting the Disease, Protek Nano sells the Product on the basis that it has specifically stated in these conditions to the purchaser that:
    1. Protek Nano has obtained testing in the United States of America of the Membrane incorporated in the Products which demonstrates that the Membrane in the Products when properly fitted and that proper fitting is maintained, will give a high level of protection against contracting the Disease; and
    2. according to testing results obtained in the United States of America, theMembrane when used in the manner set out in clause 7.1(a) causes a 99.84%reduction in normal quantities of the live Virus upon the Virus coming intocontact with the Membrane and that such level of protection will subsist for 24 hours.
  2. The Purchaser acknowledges that it has been informed by these conditions that when applied in the manner set out in clause 8.1(a) the Membrane as incorporatedin a Product does not give 100% protection against contracting the Disease.

9. CUSTOMER REPRESENTATIONS & OBLIGATIONS

The Customer hereby warrants and represents to Protek Nano that:

  1.  they shall not under any circumstances offer Products for re-sale without first obtaining the written permission of Protek Nano to do so and entering into adistribution agreement on terms satisfactory to Protek Nano;
  2. they shall not make any statement about the Product which is contradictory to the statements about it in clause 8;
  3. they shall not, as a possessor of the Product hold themselves out as a seller or supplier of Products unless they have first complied with clause 8.1.

10. INDEMNITY

  1. The Purchaser hereby indemnifies and keeps indemnified Protek Nano against any Loss arising out of or connected with any breach by the Purchaser of any term of thisAgreement.
  2. The indemnity given in clause 10.1 is separate from and in addition to all other rights conferred on Protek Nano under the terms of this agreement.
  3. Protek Nano may exercise its rights to claim under this indemnity even if it has defended or settled any proceedings resulting in Loss without the involvement of ornotice to the Purchaser.
  4. The indemnity in this clause will not be affected by:
    1. the granting of time, forbearance or other concession by Protek Nano to the Purchaser or to any other party;
    2. any delay or failure by Protek Nano to take action against the Purchaser;
    3. an absolute or partial release by or compromise between Protek Nano and anyother party;
    4. a variation, novation, renewal or assignment of this Agreement by Protek Nano;
    5. the termination of this Agreement; or
    6. the fact that this Agreement or a term or condition in this Agreement is wholly orpartially void, voidable or unenforceable.

11. GOVERNING LAW

The agreement created by the purchaser’s acceptance of these terms is governed byand must be construed in accordance with the laws of Western Australia. Each Partyirrevocably and unconditionally submits to the exclusive jurisdiction of the courts ofWestern Australia and all courts which have jurisdiction to hear appeals from thosecourts, and waives any right to object to proceedings being brought in those courts forany reason.