38. To the extent the New Zealand Consumer Guarantees Act or the Australian Competition and Consumer Act 2010 applies, you confirm that:a) if you purchase the Products for commercial purposes, the New Zealand Consumer Guarantees Act 1993 will not apply ;b) if you purchase the Products for purposes other than personal, domestic or domestic use or consumption, the Australian Competition and Consumer Act 2010 will not apply;c) when you supply the Products on the market to a person who purchases them for commercial purposes, then: i. you must include in your contract with that person a clause to the effect that the Products are purchased for commercial purposes and that the Consumer Guarantees Act 1993 does not apply to such Products, andii. you must not make any representations regarding the performance, quality or application of the Products without our prior written approval; hey. you indemnify us against any liability or costs incurred by us under the Consumer Guarantees Act 1993 as a result of any breach by you of these Terms and Conditions. Our obligations towards you39. The material and information contained on the website is provided to enable you to independently determine the suitability of a Product for your purposes before placing an Order. Nothing on the website should be construed as a recommendation to use any product.40. To the maximum extent permitted by law, we disclaim all warranties, descriptions, representations or conditions with respect to the Products, express or implied, including (without limitation) warranties of merchantability and fitness for any purpose.41. Without prejudice to your legal rights, including under any applicable consumer contract... by document... h at the point of sale or similar notice), change these Terms and Conditions at any time.53. You may not assign any benefits, rights or obligations under these Terms and Conditions, in whole or in part, without our prior written consent.54. Failure by us to perform any of our obligations under these Terms and Conditions will be excused, without any liability for such failure, during the time and to the extent that our performance of the obligation is prevented, in whole or substantially, from any event or circumstances beyond our reasonable control.55. This website and these Terms and Conditions are governed by and will be construed in accordance with the laws of New South Wales, Australia, without reference to principles of conflicts of law. Any dispute between us is subject to the non-exclusive jurisdiction of the Australian courts.