Terms & Conditions
Terms and Conditions of Sale
All goods sold by Omnitec Industries (ABN 20 561 329 909) to any person or entity ("Buyer") are subject to these Terms and Conditions of Sale. If you do not agree to these Terms and Conditions of Sale, do not place an order on this website and email sales@omnitecindustries.com.au. The parties may only supplement, amend, or replace the Terms and Conditions of Sale by written agreement.
Acceptance of Terms
The Buyer consents to be bound by these Terms and conditions of Sale if the Buyer orders goods from Omnitec Industries (either written, email, online or verbally including by phone) or accepts delivery of goods from Omnitec Industries.
Ordering
Any order placed by the Buyer in the manner described in this site is an offer by the Buyer to purchase a particular product or service for the price (including the delivery and other charges) specified on this site at the time the Buyer places an order. The Buyer acknowledges that, by placing an order, the Buyer is agreeing to pay for and accept delivery of the goods ordered.
Cancellation/Changes to orders
It is generally not possible to change or cancel orders which have been specially manufactured. Any cancellation of orders must have Omnitec Industries' written consent. The Buyer is liable for all costs incurred by Omnitec Industries caused by changes made by the Buyer to the Buyer's purchase order.
Pricing
Unless stated otherwise, Omnitec Industries prices advertised on this website are in Australian dollars (AUD) and are inclusive of GST. The GST component included in the price is calculated at the current percentage rate.
Omnitec Industries may change the prices and lead times advertised on this website at any time. Whilst every effort has been made to ensure the accuracy of prices and information advertised on the this website, Omnitec Industries reserves the right to accept or reject any offer from the Buyer for any reason, including without limitation, the unavailability of any product, an error in the price or the product description posted on this site, or an error in the Buyer's order. Omnitec Industries may require additional verification or information from the Buyer before accepting any order.
Purchasing & Payment
Whilst this website can be accessed throughout the world, Omnitec Industries makes no offer to sell any product or service in any country outside of Australia and some products may not be available in all states/ territories within Australia.
Omnitec Industries reserves the right to restrict sales to retail quantities when supplying resellers and distributors.
The Buyer's order and credit card details are safe and secure. All personal and credit card information provided by the Buyer to Omnitec Industries is encoded using Secure Sockets Layer (SSL) technology, an encryption protocol that protects data as it travels over the Internet. Omnitec Industries does not store or record the Buyer's financial information or share the Buyer's personal details with a third party.
In the absence of an approved Omnitec Industries credit account, the Buyer must make payment in full to Omnitec Industries for all goods prior to the release of goods for delivery. Omnitec Industries reserves the right to withhold the supply of goods to the Buyer unless these terms have been met.
For each online order, the Buyer must pay to Omnitec Industries:
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The applicable price for the relevant goods confirmed by Omnitec Industries; and
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The nominated delivery, installation and packaging fees.
Payment Options - Omnitec Industries are unable to accept COD (Cash on Delivery) or cheques. Payment method options are displayed in the payment gateway. They are as follows:
Credit card - MasterCard or Visa credit cards.
Direct debit - An Omnitec Industries consultant will contact you after we receive your order and supply you with our bank account details.
Approved Credit Account – This option is for Omnitec Industries Credit Account holders only.
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7 day approved credit account – Payment in full strictly nett 7 days from Invoice date.
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30 day approved credit account – Payment in full strictly nett 30 days from end-of-month.
Interest will be charged on all outstanding and/or overdue credit accounts and the Buyer must pay Omnitec Industries interest of 3% per month on all monies outstanding. This interest amount is calculated and accrued on a daily basis.
Debt Recovery
The Buyer is liable for any debt collection fees incurred by Omnitec Industries in recovering any outstanding and overdue monies that the Buyer owes to Omnitec Industries.
Fulfilment & Delivery
Any order placed by the Buyer through this website is subject to confirmation and acceptance by Omnitec Industries. Omnitec Industries may vary prices in the event of price changes or mistakes made by suppliers on reasonable prior notice to the Buyer. If Omnitec Industries requests payment for increased prices, the Buyer may cancel the order by giving notice to Omnitec Industries, which must be received within seven (5) business days of the announcement of the increase.
Omnitec Industries (or its agent) will deliver the goods in the Buyer's order according to the delivery option nominated and purchased by the Buyer at the time of order placement to one single nominated delivery point at the street address within the Perth Metropolitan Area nominated in the Buyer's order during business hours 7.00AM to 5.00PM (Monday to Friday). Omnitec Industries will deliver the goods in the Buyer's order within the agreed time frame, subject to their availability. Where the goods are not available, Omnitec Industries will notify the Buyer of this as soon as possible.
Assembly/Installation option -
If assembly/installation has been nominated and purchased by the Buyer in the shopping cart, Omnitec Industries will deliver the goods in the Buyer's order to the Buyer's nominated delivery address in the Perth Metropolitan Area. Omnitec Industries will also assemble, place and commission the goods and remove any packaging materials that accompanied the goods. No allowance is made for connecting or disconnecting electrical and data services unless specifically quoted.
Delivery-only option -
If assembly/installation has not been nominated and purchased by the Buyer in the shopping cart, Omnitec Industries will deliver the goods in the Buyer's order to the Buyer's nominated delivery address in the Perth Metropolitan Area and place them inside the Buyer's door. Omnitec Industries will not position them or remove any packaging materials. Bulky goods and goods that ship in Kit-form are supplied unassembled ready for the Buyer's self-assembly.
Delivery to your nominated carrier option -
If this option is nominated by the Buyer in the checkout, Omnitec Industries will deliver the Buyer's goods to the Buyer's nominated carrier in the Perth Metropolitan Area. Bulky goods and goods that ship in Kit-form are supplied unassembled ready for the Buyer's self-assembly. It is the Buyer's responsibility to request and purchase sufficient packaging if the nominated carrier is not a specialist furniture removalist.
Delivery/Installation - (Areas outside of Perth Metro Area) option -
If the Buyer has nominated a delivery address outside of the Perth Metropolitan Area, The Buyer must obtain a specific quotation for Delivery and Installation from Omnitec Industries and pay Omnitec Industries the amount quoted.
Other delivery/installation terms & conditions -
The Buyer's nominated delivery address must be a street address and not a PO Box.
It is the Buyer's responsibility to ensure that there is sufficient access at the Buyer's nominated delivery address to allow Omnitec Industries to place any goods ordered. Omnitec Industries will not disassemble goods, if access is insufficient or constrained without written agreement by Omnitec Industries.
Omnitec Industries will not move or remove any existing furniture, services or fittings at the Buyer's nominated delivery address and the Buyer must provide clear unobstructed access to and within the nominated delivery address for Omnitec Industries on the agreed delivery date.
The Buyer is liable for all costs incurred by Omnitec Industries resulting from the Buyer providing Omnitec Industries with an incorrect or altered nominated delivery address.
Anyone at the Buyer's nominated delivery address who receives the goods will be presumed to be authorised by the Buyer to receive the goods. If there is no one at the Buyer's nominated delivery address or no one of appropriate age to receive the goods, Omnitec Industries may charge the Buyer additional delivery fees. Orders of multiple products may be delivered separately at Omnitec Industries discretion (No extra delivery fees will apply).
By signing Omnitec Industries delivery docket, the Buyer acknowledges receipt of all goods thereon and that the goods have been supplied in full and in good condition.
PPSA (Personal property Securities Act 2009)
Omnitec Industries may refuse to sell or supply goods to the Buyer until the Buyer provides all information and data needed to register a 'financing statement' or 'financing change statement' under PPSA with respect to any security interest that is the subject of these terms.
If the Buyer makes any payments to Omnitec Industries, Omnitec Industries may apply the payment to satisfy any obligation of the Buyer to Omnitec Industries (whether unsecured, secured by security interest or secured by purchase money security interest). Omnitec Industries may: (1) apply the payment in any order or manner that it thinks fit (at its sole discretion): and (2) amend or re-apply any application made.
Omnitec Industries and the Buyer agree that sections 96, 115 and 125 of the PPSA to not apply to the security agreement created by these terms and conditions.
The Buyer waves their rights to receive a verification statement in accordance with section 157 of the PPSA and the Buyer waves their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
Risk
Once goods have been delivered by Omnitec Industries to the Buyer's premises or any other location directed to by the Buyer including a nominated carrier, the goods shall remain at the Buyer's risk. The Buyer must insure the goods on or before delivery and maintain the goods in the condition as received.
Return of Goods, Resupply & Refunds
Returns will only be accepted by Omnitec Industries if the product is not in accordance with the Buyer's order and the product is returned unused, unassembled, in the original packaging and with all parts and accessories. Omnitec Industries does not offer a refund or exchange to the Buyer if the Buyer simply changes their mind or the Buyer orders goods incorrectly.
The Buyer must notify Omnitec Industries by email sales@omnitecindustries.com.au within seven (7) business days from receipt of goods if the goods have been supplied incorrectly. In the absence of Buyer receipt of delivery, the date shall be assumed to be seven (7) business days from the date of dispatch by Omnitec Industries.
If Omnitec Industries has supplied goods not in accordance with the Buyers order, Omnitec Industries will resupply the goods or incorrect component of the goods at no cost to the Buyer and make arrangements for the return of the incorrect goods.
If the Buyer elects to receive a refund in lieu of a replacement of incorrect goods, Omnitec Industries will refund to the Buyer, the original purchase price of the goods.
Transit Damage Claims
The Buyer must notify Omnitec Industries by email sales@omnitecindustries.com.au within seven (7) business days from receipt of goods if the goods have been received damaged. In the absence of Buyer receipt of delivery, the date shall be assumed to be seven (7) business days from the date of dispatch by Omnitec Industries.
Omnitec Industries may ignore any claim for transit damage not notified to Omnitec Industries within the time limit specified in this clause. Omnitec Industries may also ignore any claim for replacement of damaged goods supplied if: (a) Omnitec Industries is not permitted to inspect the goods on request; or (b) there is reasonable evidence that the goods were damaged after supply by misuse or unreasonable use.
Subject to the above, if Omnitec Industries has supplied goods that are damaged, Omnitec Industries will resupply the goods or the incorrect component of the goods, at Omnitec Industries discretion, at no cost to the Buyer and make arrangements for the return of the damaged goods.
If the Buyer elects to receive a refund in lieu of replacement of damaged goods, Omnitec Industries will refund to the Buyer, the original purchase price of the damaged goods.
Product Information, Images & Colours
Omnitec Industries endeavours to update images and specifications of all of goods, however, sometimes delays do occur and the image and/or description of the goods displayed may differ from the actual product. Colours and finishes displayed are as accurate as possible taking into consideration the limitations of electronic reproduction. Omnitec Industries does not guarantee a colour displayed on this website to be an exact match of the physical colour. If a specific colour or colour matching is important, Omnitec Industries recommends that you request actual colour samples.
Product Availability, Specifications & Assembly
Due to seasonal fluctuations, discontinuation, lead times or interruption of supply, some items may become unavailable or be out of stock. Some items may also require part self-assembly due to efficiencies in transportation. Due to constant development and improvement, changes to product specifications may be necessary and Omnitec Industries reserves the right to make these changes at any time, with or without notice. Measurements where shown are millimetres (mm), approximate and intended as a guide only.
Compliance
Council/Authority/Code compliance and/or approval are to be the Buyer's responsibility in all respects.
Clearance Products
All Clearance products are subject to these Terms & Conditions of Sale. Clearance products are either new, ex-demo, or have some minor imperfection.
Due to the limited stock availability of clearance products, neither placement of an order, nor email confirmation that Omnitec Industries have received your order, guarantees fulfillment of that order. Orders are processed on a first-come first served-basis and Omnitec Industries will be considered to have accepted the Buyers order only by delivering the goods. If Omnitec Industries cannot accept the Buyer's order for any reason, we will notify the Buyer by phone or email.
If the Buyer's order is unsuccessful because the stock has been purchased by an order prior to the Buyer's, Omnitec Industries is not required to supply the Buyer with any alternative products and has no liability to the Buyer whatsoever.
Limitation of Liability
Omnitec Industries' total liability to the Buyer (if any) in connection with these Terms and Conditions of Sale or any goods or services supplied under them, will be limited, at Omnitec Industries' election, to:
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In the case of goods supplied or offered by Omnitec Industries – repair or replacement of the goods, supply of equivalent goods, or payment of the cost of doing this.
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The amount paid by the Buyer (if any).
Revisions of Terms and Conditions of Sale
Omnitec Industries may revise or amend these Terms and Conditions of Sale at any time at Omnitec Industries absolute discretion by posting revised terms. The Buyer agrees that, in the event that any portion of these Terms and conditions of Sale is found to be unenforceable, the remainder of these Terms and conditions of Sale remain in full force and effect. Any revisions will be effective immediately. By continuing to use this site after any revision becomes effective, you agree to be bound by these Terms & Conditions of Sale as so revised. You should therefore periodically visit this page to determine the then current Terms & Conditions of Sale to which you are bound.