Galaxy Design Pty Ltd Information

(a) Galaxy Design will not be liable for any defect in the goods manufactured or supplied by Galaxy Design which are based in whole or in part upon any designs, drawings or specifications supplied to Galaxy Design by the Customer. (b) Subject to clause 1(a), Galaxy Design will not be liable for any defects, shortages, damage or noncompliance with the specifications in the Agreement unless the Customer notifies Galaxy Design in writing with full details within 7 business days of delivery of the goods or provision of the services. (c) If the Customer does not give the notice as required in clause 3(a), the Customer is deemed to have accepted the goods or services. (d) Subject to clause 2(d), when any defects, shortages, claim for damage or non-compliance with the specifications in the Agreement is accepted, Galaxy Design may, at its option, replace the defective or missing goods or re-supply the services. (e) Galaxy Design will not accept goods for return that have been altered in any way or have been used. (f) Unless Galaxy Design reasonably agrees that the defects, shortages, damage or non-compliance referred to in clause 3(a) is due to Galaxy Design's fault, the Customer must pay all freight charges associated with the return of goods. (g) Where delivery is requested by the Customer, to be left at an unattended address, Galaxy Design will not accept liability for any subsequent issues arising from that delivery. This clause does not affect any other rights pertaining to the goods noted within these terms and conditions. Who owns the intellectual property associated with the goods and services? 1. Any Galaxy Design Materials (and the Intellectual Property subsisting in the Galaxy Design Materials) provided to the Customer by Galaxy Design in connection with the goods and services remains Galaxy Design's exclusive property until payment has been received in full, at which time ownership passes to the Customer. 2. All Galaxy Design Materials and Galaxy Design's Intellectual Property that have not been paid for in full must be returned to Galaxy Design on demand and the Customer must not:(a) copy or disclose any Galaxy Design Materials or Galaxy Design's Intellectual Property to any third party without Galaxy Design's express written consent;(b) create, sell, manufacture or process any goods or services which use or take advantage of any Galaxy Design Materials or Galaxy Design's Intellectual Property. 3. Where the Customer provides its own materials, data or information including literary and artistic works (Client Materials) for use by Galaxy Design to fulfil any order, the Customer warrants that:(a) the Customer owns (or is licensed to use) the Client Materials and the Intellectual Property in those Client Materials; and(b) the use of the Client Materials by Galaxy Design will not infringe the Intellectual Property of any third party; and the Customer hereby grants Galaxy Design a licence to use the Client Materials and the Intellectual Property therein:(c) for the purpose of fulfilling the Customer's orders and providing the goods and services under this Agreement; and(d) in Galaxy Design's promotional materials to indicate that the Customer is one of Galaxy Design's clients and to depict the quality and range of Galaxy Design's goods and services. 4. The Customer indemnifies and agrees to keep Galaxy Design indemnified against all liability, losses or expenses incurred by Galaxy Design in relation to, or in any way directly or indirectly connected with, the use of the Client Materials by Galaxy Design. 5. All "works" (as that term is defined in the Copyright Act 1968) and other subject matter in which copyright can subsist, and all data, information, materials and processes developed or created pursuant to this Agreement and any Intellectual Property therein:(a) are hereby vested in Galaxy Design as and when such rights are brought into existence;(b) are agreed to be the absolute and exclusive property of Galaxy Design; and(c) to the extent necessary, are hereby assigned absolutely to Galaxy Design.