Terms And Conditions

AGREEMENT BETWEEN USER AND OZWOOD AUSTRALIA

The Ozwood Australia Web Site is comprised of various Web pages
operated by Ozwood Australia.

The Ozwood Australia Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Ozwood Australia constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE 

Ozwood Australia reserves the right to change the terms, conditions, and notices under which the Ozwood Australia is offered, including but not limited to the charges associated with the use of the Ozwood Australia.

LINKS TO THIRD PARTY SITES

The Ozwood Australia may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Ozwood Australia is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Ozwood Australia is not responsible for webcasting or any other form of transmission received from any Linked Site. Ozwood Australia is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Ozwood Australia of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

The Ozwood Australia may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

Ozwood Australia has no obligation to monitor the Communication Services. However, Ozwood Australia reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Ozwood Australia the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Ozwood Australia reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Ozwood Australia’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Ozwood Australia does not control or endorse the content, messages or information found in any Communication Service and, therefore, Ozwood Australia specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Ozwood Australia spokespersons, and their views do not necessarily reflect those of Ozwood Australia.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO OZWOOD AUSTRALIA OR POSTED AT ANY OZWOOD AUSTRALIA WEBSITE

Ozwood Australia does not claim ownership of the materials you provide to Ozwood Australia (including feedback and suggestions) or post, upload, input or submit to any Ozwood Australia Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Ozwood Australia, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Ozwood Australia is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Ozwood Australia’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Ozwood Australia WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Ozwood Australia AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Ozwood Australia WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Ozwood Australia WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Ozwood Australia AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Ozwood Australia WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Ozwood Australia AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Ozwood Australia AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Ozwood Australia WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Ozwood Australia WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Ozwood Australia WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Ozwood Australia WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Ozwood Australia OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Ozwood Australia WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Ozwood Australia WEB SITE.

TERMINATION/ACCESS RESTRICTION

Ozwood Australia reserves the right, in its sole discretion, to terminate your access to the Ozwood Australia Web Site and the related services or any portion thereof at any time, without notice. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ozwood Australia as a result of this agreement or use of the Ozwood Australia Web Site. Ozwood Australia’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Ozwood Australia’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Ozwood Australia Web Site or information provided to or gathered by Ozwood Australia with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Ozwood Australia with respect to the Ozwood Australia Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Ozwood Australia with respect to the Ozwood Australia Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Ozwood Australia Web Site are: © Copyright 2023 Ozwood Australia and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

STANDARD TERMS AND CONDITIONS OF SALE OZWOOD AUSTRALIA

(a) All orders are accepted and goods supplied subject to the following express terms and conditions (the Company’s standard conditions of sale) and save to the extent that the exclusion or restriction of liability may be prohibited by statute, all other conditions, warranties and representations whether implied, statutory or otherwise, except as to title, are hereby excluded. Any order placed by a Customer shall constitute an offer to contract upon these express terms and conditions, and no addition or variation whether contained in the Customer’s order or otherwise shall apply unless expressly agreed in writing by the Company’s authorised representative.

(b) In these terms and conditions: ‘Company’ means Ozwood Australia ; ‘Customer’ means the individual, Company or other organisation to whom the Company may agree to supply goods in accordance with the Company’s standard conditions of sale; and ‘Manufacturer’ means the original supplier of goods where the Company is not the original creator.

  1. Orders

All orders are subject to the availability of goods and to acceptance by the Company’s authorised representative. All orders must be received in writing, either by fax, mail, website, e-mail or by telephone. All orders will be confirmed by email to the customer and unless notified within 1 hour of the confirmation e-mail being sent, the order shall be deemed as correct, ready to be invoiced and sent.

  1. Prices

All merchandise is sold at prices current at the day invoices are rendered. All prices are subject to change without notification, although the Company will publish all correct prices online at www.ozwoodaustralia.com.au.

  1. GST

All prices quoted are exclusive of GST, which will be added in the relevant invoice.

  1. Risk, Title and Delivery

(a) Risk in the goods passes to the Customer on delivery. Property in the goods remains with the Company until payment in full has been received from the Customer by the Company. If payment in full is not made in accordance with the Company’s standard conditions of sale the Company may require the Customer to return the goods immediately.

(b) All shipments are made at the Customer’s risk and cost, although freight charges are subsidised by the Company. Deliveries are charged at the Customer’s cost.

  1. Returned Goods

(a) Where goods are rejected by the Customer as not being in accordance with the Customer’s order, the Company will only accept the return of such goods provided that it receives written notice within 5 working days of receipt of the goods by the Customer. If no notice is received the goods shall be deemed to have been accepted by the Customer. Returned goods will not be accepted without a Return Authorisation Number which will be supplied by the Company on receipt of the Customer notice. And the goods must return to the Company warehouse in 7 working day after the Customer receives the goods.

(b) Where the Company has supplied goods in accordance with a Customer order, the Company will accept the return of those goods subject to the payment by the Customer of a restocking charge of 50% of the value of the goods invoiced and the cost of freight both ways. The Customer must quote the invoice numbers that goods were supplied under. The goods must be in the same condition they were dispatched by the company to the Customer. If the Customer complies with these conditions, the Company will provide the Customer with a credit in respect of the goods returned.

  1. Defects

(a) The Company will not consider any claim for compensation, indemnity or refund until liability, if any, has been established or agreed with the Manufacturer and where applicable, the Company’s or the Manufacturer’s insurance company.

(b) In the case of defects or faulty workmanship in the goods or any part of the goods supplied by the Company the Customer is not entitled to any greater compensation than the Company receives from the Manufacturer.

  1. Customer Default

If: (a) the Customer defaults or commits any breach of any of its obligations to the Company; or

(b) the Customer at any time becomes bankrupt or, if an incorporated body, any resolution or petition to wind up its business is passed or presented otherwise than for reconstruction or amalgamation, or if a liquidator or receiver or manager of such corporate body or its undertaking property or assets or any part thereof is appointed, or if the Customer is insolvent or is unable, or admits its liability, to meet its commitments promptly as and when due, then the Company may (without prejudice to any other claims or rights which the Company might have) immediately cancel any uncompleted order or cancel or suspend delivery. In addition, and notwithstanding any other provisions of the Company’s standard conditions of sale, payments for any delivery already made shall immediately become due.

  1. Cancellation of Orders

Requests by a Customer for cancellation of any order or for rescheduling of deliveries will only be considered by the Company if made in writing. The Customer must pay to the Company an amount equal to all costs incurred in the preparation and delivery of the order and its cancellation or rescheduling.

  1. Terms of Payment

Unless otherwise agreed in writing, all accounts are payable before the goods be delivered.

  1. Force Majeure

The Company is not liable for the cancellation or partial delivery of any order or part order if performance by the Company is prevented or delayed directly or indirectly by any cause beyond the reasonable control of the Company whether such cause existed or was foreseeable at the date of acceptance of the Customer’s order by the Company or not.

  1. Payment

Payment for goods may be by cash, cheque, direct deposit, electronic bank transfer, MasterCard, Visa or American Express ( all credit card payment need surcharge 2% – 3.5%), as agreed with the Company.

  1. Privacy

The Customer agrees that the Company may disclose a credit report or any personal information derived from it to another credit provider in order to assess the credit worthiness of the Customer, or to assess an application for credit by the Customer or to help the Customer avoid defaulting on credit obligations or to notify a default to the Customer.