Terms & Conditions of Sale
Where the following words appear, they shall have the following meaning. “OM” means Oz-Models PtyLtd. “Purchaser” is the person, firm or company who is buying goods and services from OM. “The Conditions” means the terms and conditions endorsed hereon.
A quotation is not to be construed as an obligation to sell or commence work, and OM reserves the right to reject any orders received.
Unless otherwise stated, quotations are open for acceptance for a period of 30 days from date of quotation and thereafter are subject to confirmation before acceptance.
This quotation may, at the discretion of OM be cancelled in the event of insolvency of the customer, or the customer being placed into liquidation, either voluntary or otherwise.
Unless other terms and conditions are expressly accepted by OM via means of a written amendment to these conditions,
signed by one of OM’s authorised officers and referring specifically to the conditions to be amended, this contract shall be on
the terms and conditions set out herein. These terms and conditions shall be to the exclusion of any terms and conditions
whether or not the same are endorsed upon or delivered with or referred to in any acceptance, counter-offer or call for tender
whether verbal or in writing or in any other verbal or written communication of the purchaser or OM.
6. Information and drawings:
All descriptive specifications, illustrations, drawings, data, dimensions and weights furnished by OM are approximates only and are only intended to be of general description of goods or services and shall not form part of any contract unless certified by OM in writing.
7. Intellectual Property:
All designs, drawings, CAD remain the property of OM unless otherwise stated and agreed upon in writing
Unless otherwise specified a deposit of 40% of project total is required on placement of order with work not commencing until deposit is received. Invoices will be issued as each stage of the project is completed. The completed items will be invoiced when ready for shipment, regardless if the customer is ready to take delivery. Invoice is payable within 14 days of issue unless otherwise specified on invoice. Should the purchaser delay in respect of any payment due to OM then OM shall have the right in addition to all other rights at law to charge interest on the overdue amount at such rate as is charged to OM by OM’s bankers for overdraft accommodation and calculated from the date of invoice to the actual date of full and final payment. All goods remain the property of Oz-Models Pty Ltd until fully paid for.
9. Reservation of Title For Goods and Services
9.1. Until payment is received of all monies owed to OM from the Purchaser, legal and beneficial ownership of any and all goods and/or services supplied to the Purchaser from OM remains with OM.
9.2. OM can exercise its rights in the event of a breach of a term or condition of this agreement or in the case of an event of the Purchaser’s default in payment of any of the purchase price payable of any of the goods and/or services supplied.
9.3. If the Purchaser defaults in payment of the purchase price, or if the purchaser becomes insolvent, OM and/or its duly authorised servants or agents may at any time thereafter, without notice to the Purchaser, enter upon the Purchaser’s premises and/or the premises at which the goods are situated for the purpose of recovering possession of the same, provided that, in the event that goods shall have been sold or utilised by the Purchaser or mixed with or built into any other products or disposed of or stored in such a manner as to render the goods irrecoverable, the cost of the goods shall forthwith be a debt due by the Purchaser and recoverable by an action in law.
9.4. If the Purchaser receives any proceeds from the sale of the goods from any other party, the Purchaser received those proceeds on trust for OM to be applied in payment of the purchase price for the goods and such proceeds shall be kept separate and dealt with separately by the Purchaser at all times until the proceeds have been duly paid to OM.
9.5. In connection with OM’s rights and remedies pursuant to these conditions and any other rights or remedies which may accrue to OM, the Purchaser appoints OM as its attorney to do all things, execute all documents and otherwise act in place of the Purchaser for the purposes of giving effect to these conditions and without limiting the foregoing, to recover possession of the goods and to recover the proceeds of the sale of the goods which may at any time be received or receivable by the customer.
9.6. The continued operation of these terms and conditions shall not be affected by any repudiation or other termination of any contract or transaction relating to the goods and/or services between OM and the Purchaser.
10. Delivery Charges:
Delivery charges are not covered by the quotation unless specific reference is made, and will be charged to Purchaser at cost. OM will not be responsible for damage to goods in transit from OM workshops, while on purchaser’s carrier. For international deliveries any taxes/duties payable are the responsibility of the customer and are not payable by Oz-Models.
If the Purchaser fails to take delivery of goods within 14 days after being notified, then OM may arrange suitable storage of such goods at OM’s premises or elsewhere and all costs or incidental to such storage must be borne by the purchaser. The Purchaser must, on demand pay to OM all costs of storage, insurance, handling and other charges incidental to such storage. Tools/moulds which have not been used for 5 years need to be collected by the owner. It is the Purchaser's responsibility to arrange collection. OM reserves the right to dispose of any such tools at their discretion.
12. Delays of third party suppliers:
In the event of third party suppliers not fulfilling their commitment in supplying goods or parts relevant to the project due to unforeseen circumstances, OM will not be held accountable .