Terms & Conditions
Preamble A.
Ozpac Marine Pty Ltd (“Ozpac
Marine”) is the owner and operator of the website www.ozpacmarine.com
B. These Terms and
Conditions are a legal agreement between you, the customer, and Ozpac Marine.
C. By using or accessing
the Site you agree to be bound by and become a party to these Terms and
Conditions.
D. If you do not agree with
these Terms and Conditions you may not use the Site.
1. Definitions
1.1 “Terms and Conditions”
means these Terms and Conditions and any amendments hereto agreed in writing
between Ozpac Marine and the Customer.
1.2 “Intellectual Property”
includes all copyrights, trademarks, patents, designs, confidential
information, trade secrets and other confidential know how included in Ozpac
Marine’s computer programs, software, methods, processes, data, information and
any other proprietary rights owned by Ozpac Marine from time to time.
1.3 “Member’s Account”
means your password protected account on the Site.
1.4 “Officers” include
affiliates, directors, agents and employees.
1.5 “Privacy Policy” means
the Privacy Policy on the Site and any amendments thereto.
1.6 “Site” means the
websites www.ozpacmarine.com.
1.7 “You” means you, the
customer, and all of your employees, agents, representatives and any person
acting on or behalf of you with respect to use of the Site.
2. Australian Sales Only
2.1 Ozpac Marine will only
sell and ship products within Australia. Ozpac Marine will not make deliveries
outside of Australia.
3. Your Responsibilities
3.1 You agree:
(1) not to use the Site for
a fraudulent activity or purpose;
(2) not to copy, reproduce, alter, modify,
create derivative works, or publicly display any content from the Site without
the prior express permission of Ozpac Marine;
(3) not to interfere or attempt to interfere
with the operation of the Site or any transaction conducted on the Site;
(4) to comply with Ozpac Marine’s Privacy
Policy; and
(5) to receive electronic messages of any kind
from Ozpac Marine and its Officers in relation to Ozpac Marine or your use of
the Site.
4. Member’s Account
4.1 You warrant that you
are 18 years of age or older and are able to form a legally binding contract
under applicable law.
4.2 You warrant that all
the information provided for the purposes of establishing and operating your
Member Account will be accurate, complete and current.
4.3 You are solely
responsible for any and all activities which occur under your Member Account
and password.
4.4 You agree to keep your
password confidential and to take all necessary steps to prevent unauthorised
access and use of your Member Account.
4.5 You agree to notify Ozpac
Marine promptly if you have any reason to believe that the security of your
Member Account has been compromised.
4.6 You agree to allow Ozpac
Marine access to your Member Account as necessary to:
(1) notify you regarding
your transactions on the Site; and
(2) identify and resolve technical
problems and respond to complaints about the Site and/or service.
4.7 Your Member Account and
user identification may not be transferred or sold to another person or company.
5. Ordering and paying for your Product
5.1 You may place an Order
by adding the item to your shopping cart and filling in the shipping and
payment information the Site and clicking the "Confirm Purchase"
button.
5.2 When you place your
Order, we will issue you with an Order Confirmation and Order Code via email.
5.3 By placing an Order,
you make an offer to us to purchase the product(s) you have selected based on
these Terms and Conditions.
5.4 If for any reason Ozpac
Marine cannot process or accept your Order after payment is received, we will
contact you.
5.5 Ozpac Marine only
accepts payment for products via PayPal, Visa, Mastercard, payment or direct
transfer of funds into our nominated bank account.
5.6 Payment can be made on
pick up via cash, eftpos, Visa or Mastercard.
5.7 No other form of
payment will be accepted.
5.8 Payment processing will
not begin until we receive all the information we need.
5.9 Orders placed on a
weekend or a Public holiday will not begin payment processing until the next
business day.
6. GST
6.1 All prices on the Site
include GST.
7. Supply and Delivery of your product
7.1 Subject to these Terms
and Conditions, we will supply you the product(s) indicated on your Order
Confirmation.
7.2 When your ordered
products have been dispatched, we will email you to confirm shipment of each
item including a tracking number for each item.
7.3 Ozpac Marine will take
all reasonable steps to deliver your products to you within ten (10) working
days from the date payment is received.
7.4 Delivery times for
products you order which are out of stock will take longer.
7.5 The delivery status of
your order will be updated in your Member’s Account.
7.6 Unless otherwise agreed
by Ozpac Marine, we will deliver your product(s) to the address indicated on
your Order Confirmation. Please ensure someone is available to accept delivery
of the goods on the date specified in the order confirmation during the hours
of 8am to 5pm. If no-one is available to take delivery of your product(s), our
courier will leave a card requesting you to telephone them to arrange a
suitable time and date for delivery.
7.7 You will be liable for
any charges our courier imposes for the costs of re-delivery and any storage
costs.
7.8 Our couriers will not
delivery goods to a post office box
7.9 Title and risk of loss
to all products will pass to you on delivery.
8. Product Returns
8.1 No refunds, credits or
replacements are offered if you have changed your mind about the product, make
an incorrect choice, or failed to verify and accurately provide information
when placing an order.
9.
Products Dead on Arrival (“DOA”)
9.1 A product is considered
to be DOA if it shows symptoms of a failure, or is discovered to be damaged
when first taken from its packaging.
9.2 Please contact us
immediately if you think your product is DOA.
9.3 A Ozpac Marine Customer
Service member will determine whether the product is DOA. Where a product is
determined to be DOA, Ozpac Marine will arrange to replace the product or
provide parts free of charge to repair the damage to the product
9.4 Refunds will only be
offered where the product cannot be repaired or a replacement product cannot be
provided.
9.5 Where Ozpac Marine has
provisionally determined that a product is DOA, return shipping will be
arranged at the expense of Ozpac Marine.
9.6 If the product is
deemed by Ozpac Marine not to be DOA, Ozpac Marine may in its absolute
discretion refuse to replace the product or offer you a refund for the product.=
9.7 A returned product
becomes the property of Ozpac Marine.
9.8 Ozpac Marine reserves
the right to test any returned DOA product. If the condition of the product was
misrepresented to us by the customer or the damage to the product is deemed by Ozpac
Marine in its absolute discretion to have been caused by the customer, Ozpac
Marine will impose a $50 handling and administration fee.
10. Product Problems after Delivery
10.1 Should your product
fail within the stipulated warranty period and after 30 days from the dispatch
date, you must contact Ozpac Marine and submit a valid warranty claim which we
will provide.
10.2 Ozpac Marine will in
its absolute discretion choose to:
(1) refund
the purchase price;
(2)
replace the product; or
(3) repair
the product.
10.3 Should Ozpac Marine
agree to replace or repair the product or refund you the purchase price of the
product, you must first return the defective product to Ozpac Marine. You will
be liable to pay the freight costs for the return of the product if the item is
sent after 30 days from the dispatch date.
10.4 Replacement products
are provided with the same warranty as the returned product. A new warranty
will not be provided with replacement products.
11. Refunds:
11.1 Refunds for DOA
products include all shipping and associated costs for the DOA product.
11.2 No refund will be
given to you until Ozpac Marine has received the DOA product from you.
11.3 Refunds only will be
issued by cheque or via direct transfer into your nominated bank account.
12. Intellectual Property
12.1 You agree that Ozpac
Marine is the sole and exclusive owner of all Intellectual Property with
respect to the Site and its operation.
12.2 Ozpac Marine does not
grant you any right or licence, express or implied, in relation to its
Intellectual Property.
13. No Warranties
13.1 Ozpac Marine does not
guarantee continuous, uninterrupted, error-free or secure access to the Site.
13.2 Ozpac Marine provides
the Site on an “as is” basis without, to the extent permitted by law, any
warranty whatsoever, express, implied or statutory including but not limited to
freedom from computer viruses, worms and other operating problems.
13.3 Ozpac Marine’s
communications sent to you regarding your Member Account and transactions on
the Site do not represent an endorsement, guarantee or legitimisation of your
transactions.
13.4 Ozpac Marine makes no
representations and warranties whatsoever, express or implied, with respect to
products including but not limited to warranties of title, merchantability,
non-infringement and fitness for purpose.
13.5 Ozpac Marine disclaims
any responsibility for the content of any third party information or materials
provided on or through the Site.
13.6 The Site may include
links to other sites on the internet which are owned or operated by third
parties. You agree that Ozpac Marine and its Officers are not responsible for
the availability of, or the content located on any third party site.
14. Limitation of Liability
14.1 In no event shall Ozpac
Marine or its Officers be held responsible or liable for:
(1) any
actions taken based on the information, services, or products on the Site;
and/or
(2) any
loss, cost, expense, injury (including personal injury and death) and/or
special, consequential, incidental or indirect damages arising out of or in
connection with:
(a) the products offered by Ozpac Marine; and/or
(b) any wilful or negligent acts or omissions of Ozpac Marine or
its Officers; and/or
(c) the breach of any obligation under these Terms and
Conditions whatsoever, whether foreseeable or not.
14.2 Without limiting the
above clauses, Ozpac Marine or its Officers shall have no liability whatsoever
by reason of any failure or delay in the performance of its obligations on
account of strikes, riots, acts of terrorism, fire, flood, storm, explosions,
earthquakes, internet outages, computer virus, acts of God, acts of war or any
other cause that is beyond Ozpac Marine’s reasonable control.
14.3 Ozpac Marine’s maximum
aggregate liability for any product supplied to you whether in contract, tort
(including negligence) or otherwise shall in no circumstances exceed the amount
payable by you to us in respect of the product(s) in question.
14.4 Notwithstanding the
above clauses, nothing in these Terms and Conditions is intended to limit or
exclude any liability on the part of Ozpac Marine or its Officers where such
exclusion and/or limitation are prohibited by law.
15. Amendments
15.1 Ozpac Marine can amend
these Terms and Conditions by posting the amended terms on the Site.
15.2 The amended terms
shall automatically be effective thirty (30) days after they are initially
posted on the Site.
15.3 These Terms and
Conditions may not otherwise be amended except in writing signed by you and Ozpac
Marine.
16. Termination
16.1 Notwithstanding
anything contained in these Terms and Conditions to the contrary and without
limiting any other remedies available to Ozpac Marine at law, in equity or
under these Terms and Conditions, Ozpac Marine may, in its sole discretion
terminate your Member Account immediately and/or discontinue your participation
in the Site if you commit any one of the following acts:
(1) engage
in conduct which is harmful to other users;
(2) engage
in fraudulent activity in connection with the Site;
(3) fail
to pay for products purchased;
(4) fail
to comply with relevant common law and statutory obligations;
(5) breach
a term of the Privacy Policy;
(6)
provide untrue, inaccurate or incomplete information with regard to the
establishment and/or operation of your Member Account; and/or
(7) breach
any of these Terms and Conditions.
17. General
17.1 These Terms and
Conditions are governed by and construed in accordance with the laws of
Queensland.
17.2 These Terms and
Conditions constitute all the Terms and Conditions between the parties with
respect to the subject matter contained herein and supersedes all previous
agreements, proposals and communications, written or oral between You and Ozpac
Marine.
17.3 The provisions of
these Terms and Conditions are severable and if any provision is held to be
invalid or unenforceable for any reason, such provision may be removed and the
remaining provisions enforced.
17.4 These Terms and
Conditions are not intended to benefit, nor shall they be deemed to give rise
to any rights in any third party.
17.5 Headings are for
reference purposes only and in no way define, limit, construe or describe the
scope or extent of each clause.
17.6 You agree that these
Terms and Conditions may not be construed adversely against Ozpac Marine
because Ozpac Marine prepared them.
17.7 You and Ozpac Marine
are independent contactors and no agency, partnership, joint-venture or
employee employer relationship is intended or created by these Terms and
Conditions.