Opie Manufacturing Group (OMG) is not bound by any variation to its Terms unless expressly agreed upon in writing and signed by a duly authorised Representative of OMG and the Applicant. These Terms herein shall apply notwithstanding any provision to the contrary which may appear on any order form or other document issued by the Customer or any other party. OMG may at any time and from time to time alter these Terms and the Customer agrees that it will be deemed to have notice of any change to these Terms and to be bound by any subsequent versions of these Terms as they appear on OMG’s websites, http://www.smcstainless.com.au and http://www.laserandpress.com.au, whether or not the Customer has actual notice or not.
A copy of the current version of the Terms and Conditions may also be obtained by request at each of Opie Manufacturing Group’s stores.
2. PERSONAL PROPERTY SECURITIES ACT 2009 (PPSA)
(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which OMG may reasonably require to –
(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
(ii) register any other document required to be registered by the PPSA; or
(iii) correct a defect in a statement referred to in clause 2.3(a)(i) or 2.3(a)(ii);
(b) indemnify, and upon demand reimburse, OMG for all expenses incurred in registering a financing statement or financing change statement or security interest on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby;
(c) not register a financing change statement in respect of a security interest between the parties without the prior written consent of OMG;
(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third party without the prior written consent of OMG;
(e) immediately advise OMG of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.
3. QUOTATIONS, PRICES, SUPPLY
(a) as indicated on invoices provided by OMG to the Customer in respect of Goods supplied; or
(b) OMG’s quoted price (subject to clause 3.9) which shall be binding upon OMG provided that the quote was provided to the Customer in writing and the Customer has accepted OMG’s quotation in writing, identifying the Customer and the number of the quotation and an order number, within 30 days of the date of the quote.
4. TERMS OF PAYMENT
(a) Payment of a deposit of 50% of the quotation price shall be due upon placing the order for Goods;
(b) Payment shall be due within 7 days of delivery of a progress payment claim;
(c) Final payment shall be due on the completion of the order in OMG’s factory subject to the reasonable satisfaction of the Customer or agent on inspection of the Goods at OMG’s premises (or other premises, as applicable); or
(d) Payment for approved Customers shall be due in accordance with Clause 4.1.
(a) Require the payment of cash upon delivery of any further Goods.
(b) Charge interest at the rate of twelve per centum (12%) per annum on a cumulative basis on all overdue amounts (including late payment charges and amounts other than the prices) calculated on a day to day basis on any monies due but unpaid, such interest to be computed from the due date for payment AND the parties agree that such charges shall be payable on demand.
(c) Claim from the Customer all costs relating to any action taken by OMG to recover monies or goods due from the Customer including any mercantile agents costs and legal costs and disbursements on a solicitor client basis; and
(d) Cease any further deliveries to the Customer and to terminate any agreement in relation to Goods that have not been delivered.
(a) The Customer takes possession of the Goods at OMG’s address;
(b) The Customer takes possession of the Goods at the Customer’s nominated address (in the event that the Goods are delivered by OMG or OMG’s nominated carrier); or
(c) The Customer’s nominated carrier takes possession of the Goods in which event the carrier shall be deemed to be the Customer’s agent.
(a) leave the Goods at the kerbside of the nominated delivery address at the risk of the Customer;
(b) charge a fee for any delay experienced; or
(c) arrange for the storage of the Goods and recover from the Customer all associated costs including but not limited to all transportation, storage and other consequential costs.
7. TITLE AND RISK
(a) The Customer has paid all amounts owing for the particular Goods (including all applicable sales, taxes and other taxes, levies and duties); and
(b) The Customer has met all other obligations due by the Customer to OMG in respect of all contracts between OMG and the Customer.
8. ACCESS AND INSTALLATION
(a) OMG may place the Goods in position and if necessary, in the sole discretion of the Consumer, bolt them into place;
(b) Unless otherwise agreed in writing OMG shall not be obliged to supply any additional or ancillary goods or services, including but not limited to, joinery, plumbing, electrical, labour, materials, mountings for fans, or flashings for joints, or undertake work in connection with the removal of windows, or the penetrations of walls or ceilings.
(c) Unless otherwise agreed in writing each order covers only one visit to the site where the site is outside the Sydney Metropolitan area;
(d) The customer must ensure that:
(i) all reasonable facilities including but not limited to water, power, electric lighting, craneage, hoisting, scaffolding, first aid, meal room, and ablution services are erected, available, and if necessary relocated, as applicable, at no cost to OMG;
(ii) OMG may undertake its activities in an uninterrupted, orderly and sequential fashion; and
(iii) all other persons working at, managing or associated with the site co-operate, and coordinate their work with the requirements of OMG.
10. LIMITATION OF LIABILITY
(a) It has not relied on any inducement, representation or statement made by or on behalf of OMG in purchasing the Goods and there are no implied conditions or warranties herein and no collateral contracts in connection herewith (except such as may be in writing and signed by a duly authorised representative of OMG).
11. FORCE MAJUERE
(a) is in breach of any order or agreement and fails to remedy the breach within 14 days of notice in writing specifying the breach and requesting its remedy;
(b) fails or refuses to take delivery of Goods to be supplied pursuant to an order;
(c) commits an act of bankruptcy, or passes a resolution for Voluntary Administration or winding up or liquidation (other than for the purposes of reorganisation or reconstruction) or enters into any composition or arrangement with creditors or if a receiver or manager is appointed for any property or assets of the Customer or becomes liable to be wound up by reason of insolvency or if any petition is presented for its winding up, or if a liquidator or provisional liquidator is appointed; or
(d) is insolvent.
(a) only the Customer of OMG may return the Goods;
(b) the Customer must provide OMG with their purchase order number;
(c) the Goods must be unused and still in “as new” saleable condition; and
(d) the Customer must make their return request in writing within 3 weeks of the OMG despatch date.
(a) The Customer must pay to OMG a Restocking Fee of 35% of the original order value of the Goods;
(b) The Customer must provide OMG with written acceptance of the terms of the CRD (as amended by OMG) prior to proceeding with the return of the Goods;
(c) The Goods must be returned within 10 business days of the Customer’s written notice of their acceptance of the CRD terms (after which time the CRD will lapse);
(d) The costs of returning the Goods to OMG, including but not limited to packing costs and freight costs, are to be paid by the Customer; and
(e) The Goods will be inspected by OMG upon their return to confirm that they are fit for resale without additional work and:
(i) where the Goods are fit for resale without additional work OMG will confirm a credit amount and issue a credit adjustment note; and
(ii) where the Goods are not fit for resale without additional work OMG may charge an additional fee and amend the restocking fee before confirming the credit amount and issuing a credit adjustment note.
15. CONFIDENTIAL INFORMATION
16. GOVERNING LAW
17. SERVICE OF DOCUMENTS
18. STATEMENT OF DEBT