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Ocean Roads Aust Pty Ltd – Terms and Conditions

SECTION 1: DEFINITIONS

In these Terms:

  • "Australian Consumer Law" refers to the regulations in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
  • "Terms" means these sales terms and conditions, as amended from time to time by Ocean Roads.
  • "Corporations Act" refers to the Corporations Act 2001 (Cth).
  • "Client" refers to any person or entity that submits an Order, requests a quote, or interacts with Ocean Roads in any capacity, including but not limited to purchasing Goods or Services.
  • "Goods" are any items requested by the Client within an Order.
  • "GST" has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
  • "Order" means a request submitted by a Client for Ocean Roads to supply Goods and/or Services.
  • "PPSA" refers to the Personal Property Securities Act 2009 (Cth).
  • "Proceeds," "Security Agreement," "Security Interest," and "Services" retain their definitions under the PPSA.
  • "Ocean Roads" refers to Ocean Roads Aust Pty Ltd, trading as Ocean Roads.

SECTION 2: PRECEDENCE OF TERMS

2.1 These Terms form the sole basis upon which Ocean Roads will supply Goods and/or Services to the Client and supersede any terms within an Order or other documents, except as expressly agreed in writing.

2.2 If there is any inconsistency between these Terms and any other document, these Terms will prevail unless explicitly overridden by a written agreement signed by Ocean Roads.

2.3 The Client agrees to comply with these Terms upon submitting an Order, requesting a quote, purchasing Goods or Services, or interacting with Ocean Roads in any capacity.

2.4 By interacting with Ocean Roads in any capacity, the Client consents to:

  • Agreeing to these Terms and Conditions.
  • Receiving communications, including but not limited to marketing information, promotional offers, and updates from Ocean Roads and its associated companies regarding their products and services, even if the Client does not proceed with a purchase.

SECTION 3: PAYMENT CONDITIONS

3.1 Unless otherwise agreed in writing, payment for all Goods and/or Services must be made in full by the Client as per the terms specified in the Purchase Agreement.

3.2 Overdue payments will attract an interest rate of 11.5% per annum, calculated daily from the due date until payment is received in full.

3.3 The Client is responsible for all costs incurred in recovering overdue payments, including legal fees and collection agency costs.

SECTION 4: PRICING POLICY

4.1 The price for Goods and/or Services will be the current price as of the delivery date, as determined by Ocean Roads.

4.2 Prices are subject to change without prior notice to reflect variations in costs, including but not limited to excise duties, taxes, charges, GST, transport, packaging, and delivery costs.

4.3 Any additional costs, such as customizations or special delivery requirements, will be charged to the Client.

SECTION 5: WARRANTY AND PRODUCT RETURNS

5.1 Ocean Roads warrants that all Goods comply with guarantees under the Australian Consumer Law.

5.2 Clients are entitled to replacements, refunds, or compensation for significant faults, as provided under the Australian Consumer Law.

5.3 Any warranty claims or returns must follow the procedures outlined in Section 9 (Product Returns).

SECTION 6: CLIENT INSPECTION

6.1 The Client must inspect all Goods and/or Services upon delivery.

6.2 Defects must be reported in writing to Ocean Roads within 14 days of delivery, including the invoice number and defect description.

6.3 Goods and/or Services not rejected within this period are deemed compliant with the agreed specifications.

SECTION 7: TITLE RETENTION

7.1 Ownership of Goods remains with Ocean Roads until full payment is received.

7.2 The Client holds the Goods as bailee until the title transfers.

7.3 Ocean Roads retains the right to reclaim Goods under certain conditions, as provided by the PPSA.

SECTION 8: LIABILITY DISCLAIMER

8.1 Ocean Roads excludes liability for any indirect or consequential losses arising from the use of Goods or Services, except where prohibited by law.

8.2 In cases where liability cannot be excluded, it is limited to the replacement or repair of Goods, or the re-supply of Services, at Ocean Roads' discretion.

SECTION 9: PRODUCT RETURNS

9.1 Returns are only accepted for Goods that are faulty, damaged, or not as described.

9.2 Clients must obtain a return authorization from Ocean Roads before returning any Goods.

9.3 Returns must comply with the timeframes and conditions outlined in Section 5.

SECTION 10: FORCE MAJEURE

10.1 Ocean Roads is not liable for delays or non-performance caused by events outside its reasonable control, including natural disasters, industrial action, or government restrictions.

SECTION 11: GOVERNING LAW

11.1 These Terms are governed by the laws of the state of Victoria, Australia.

11.2 Any disputes arising under these Terms shall be resolved in the courts of Victoria.

SECTION 12: PRIVACY AND PPSA COMPLIANCE

12.1 Ocean Roads will handle all Client information in compliance with the Privacy Act 1988 (Cth).

12.2 Clients consent to Ocean Roads obtaining and using credit-related information for the purposes of assessing creditworthiness and managing accounts.

12.3 The Client must cooperate with Ocean Roads to ensure compliance with PPSA requirements.

ACKNOWLEDGMENT

By interacting with Ocean Roads Aust Pty Ltd in any capacity (including but not limited to submitting an Order, requesting a quote, or purchasing Goods or Services), the Client:

  • Confirms they have read, understood, and agree to these Terms and Conditions.
  • Consents to receiving information, including promotional materials and updates, from Ocean Roads and its associated companies, even if no purchase is made.