Terms and Conditions of Use

Terms & Conditions: The terms of trade set out below govern all of the supplies of goods and services from Omni Environmental Group ACN 108 451 494, ABN 921 084 514 94 (“Omni Environmental Group Pty Ltd”) to the purchaser (“you”). They will replace any terms and conditions contained in any document used by you and purporting to have contractual effect, and your acceptance of any goods or services from Omni Environmental Group indicates your acceptance of these terms and conditions of supply. 1.Price and Quotations 1.1 Omni Environmental Group reserves the right to alter prices without notice. 1.2 You agree to pay any GST payable under the GST law, and any other government duties, levies or taxes payable in respect of the goods or services 1.3 Where goods are subject to sales tax, you agree to supply a sales tax number or exemption certification on a written official order for any sales tax exempt purchase, prior to the goods being supplied. 2 Orders, Delivery and Risk 2.1 Omni Environmental Group will not accept any cancellation of orders unless by prior agreement and then only upon terms which will compensate Omni Environmental Group for the cost of cancellation. Restocking fees may therefore apply. 2.2 All supplies of goods (including goods quoted as being ex stock) are subject to the availability of stock at the time of delivery. 2.3 Wherever possible, goods not supplied will be backordered and will be supplied when available. 2.4 You are responsible for insurance and risk in the goods from the time they are received by the carrier for delivery to you or collected from Omni Environmental Group by you or your agent. 2.5 Where the goods are delivered to you Omni Environmental Group may choose the method of delivery and you agree to pay all delivery costs. 2.6 You do not have the right to possess goods until they are delivered to you or collected by you or your agent. 2.7 All claims for shortage or damage during delivery must be made to the carrier within 7 days of the date of delivery. Where goods appear to be damaged or missing you must contact the carrier and Omni Environmental Group immediately. 2.8 You are responsible for determining whether the goods you purchase from Omni Environmental Group will be fit for the purpose you are using them for, such responsibility rests solely with you and you shall undertake whatever steps are required of you to make the goods suitable for any end use. 3 Payments and Property 3.1 Unless Omni Environmental Group has agreed to extend credit to you, you must pay for the goods and services before supply, and you will not be considered to have paid until the payment has fully cleared through the banking system into Omni Environmental Group’s bank account. 3.2 Where Omni Environmental Group has agreed in writing you extend credit to you, you must pay in full within the number of days indicated on the statement, net of the date of the statement. If you have not paid in full by the due date, Omni Environmental Group may at it’s option charge collection costs (including collection costs and legal costs on a solicitor-client basis) 3.3 Omni Environmental Group reserves the right to take any action it deems necessary against you trading outside these terms. This may include withholding supply or disposal of stock relating to orders, suspension of further services or the termination of credit facilities. 3.4 Property and ownership of goods whether in their original form, modified form or incorporated into other goods, will not pass to you but will remain with Omni Environmental Group until Omni Environmental Group receives payment in full of the purchase price for the goods and all other amounts that you owe to Omni Environmental Group for any reason. 3.5 Until property passes to you, you shall hold any goods as on trust as fiduciary bailee for Omni Environmental Group, and store them in a manner to enable them to be identified and cross-referenced to particular invoices. 3.6 You authorise Omni Environmental Group or it’s agent to enter your premises, using such force as is necessary, to remove any goods which are the property of Omni Environmental Group, and you indemnify Omni Environmental Group against all costs and claims in respect of it’s rights under this clause 3. 3.7 Unless otherwise notified in writing, you are authorised to sell the goods in the ordinary course of you business, but you must keep the proceeds of any goods sold in a separate account in trust for Omni Environmental Group. 3.8 Notwithstanding clause 3.2 above all payments shall immediately become due to Omni Environmental Group if you become insolvent, commit any act of bankruptcy, or if a receiver, liquidator or statutory manager is appointed over any of you assets or undertaking, or if you make or attempt to make an arrangement or composition with creditors. 3.9 If Commonwealth or State law requires registration in order to protect Omni Environmental Group’s interests, then you agree the Omni Environmental Group may register its interest in any goods it supplies you. 4 Omni Environmental Group Warranties 4.1 Omni Environmental Group warrants that it will repair or replace goods which it manufactures within any warranty period stated on the contract or on the goods, or if no period is specified, within three months of the date of the invoice of the goods, provided that you make a claim in writing to Omni Environmental Group within seven days of discovering any defect. 4.2 Omni Environmental Group warrants all repairs for a period of 90 days from the date of collection. Goods not collected within 90 days of repair may be sold to defray costs. 4.3 Goods not manufactured by Omni Environmental Group are subject to the manufacturers’ warranties only. Omni Environmental Group will pass on the benefit of those warranties to you, without itself being directly liable to you under any 4.4 Where the Trade Practices Act 1974 (Cth) (as amended) applies to the supply of goods or service under these terms of trade, you may have additional rights under that Act. 4.5 Subject to Trade Practices Act 1974 (Cth) (as amended), Omni Environmental Group excludes all the terms, conditions and warranties that are implied by statute or under general law in contracts for the supply of goods and services to the extent that it is permissible to exclude them. Stand-by warranties implied under Div.2 Part V of the Trade Practices Act 1974 (Cth) are not excluded if the goods are of a kind, which ordinarily acquired for personal, domestic or household use or consumption, Omni Environmental Group’s liability in respect of a breach of a warranty implied under Div.2 of Part V of the Trade Practices Act 1974 (Cth) (as amended) is limited to the replacement or repair of the goods or the payment by Omni Environmental Group of the cost of replacing the goods or of acquiring equivalent goods or of the cost having goods repairing. 4.6 Any warranty may be voided by damage to or misuse of the item, problems caused by the use or misuse of software, negligent installation or operation, use for which the product was not intended, inadequate packaging, cleaning or maintenance, tampering, unauthorized repairs, modifications or the addition of hardware not supplied by Omni Environmental Group. 5 Return of Goods 5.1 Before returning any goods, you shall obtain a Return Authorisation Number (RA Number) from Omni Environmental Group Customer Service. You shall ensure that the RA Number, original invoice number and your name and address are clearly printed on or firmly attached to each package being returned. 5.2 Failure to comply with the procedures under clause 5.1 will result in the goods being rejected by Omni Environmental Group and returned to you at your expense. 6 Limitation of liability 6.1 Omni Environmental Group will not be responsible for any loss or costs incurred for your failure to backup data. 6.2 Subject to the Trade Practices Act 1974 (Cth) (as amended) , Omni Environmental Group’s liability shall be limited to the value of any goods or services supplied, and Omni Environmental Group , and it’s employees, contractors and agents, and manufacturer(s) or developer(s) of the goods or any of their materials or components, and any suppliers of services, will not be liable to you for the loss or damage of any kind, however that loss or damage is caused or rises. This exclusion of liability includes but is not limited to, costs (including costs of returning goods to Omni Environmental Group or to any manufacturer), loss of data, consequential loss, loss of profits, damage caused by or arising from delays manufacturing or delivery, faulty or delayed installation, unreasonable use, negligence (including a failure to do something which should have been done to prevent something from happening), faulty specifications and design, failure to meet specifications or dimensions or tolerances, and faulty materials or components of the goods. 7 Customer Warranties 7.1 If you purchase any goods from Omni Environmental Group for resupply as, or incorporate any Omni Environmental Group goods into, goods ordinarily acquired for personal household or domestic use or consumption(“Consumer Products”) you warrant that: (a) if you supply the consumer products directly to an end user / consumer you will do so using terms and conditions of supply which exclude liability for any claims under the Trade Practices Act 1974 (Cth) (as amended), ;and (b) if your customer acquires the goods for resupply, your customer and each person in the distribution chain will exclude liability in its contract for supply for any claims under the Trade Practices Act 1974 (Cth) (as amended), but in each case only where end the end user acquires the Consumer Products for business purposes. 7.2 You agree to indemnify Omni Environmental Group against any costs or loss or damage caused by failure by you, your customers or any person in your distribution chain to properly contract out of liability to business end users / consumers under the Trade Practices Act 1974 (Cth) (as amended). 8 Privacy Considerations 8.1 You agree that Omni Environmental Group may subject to the Privacy Act 1988 (Cth) in force from time to time: (a) Disclose information about you (including information contained in your application and information relating to the conduct of you account) for the purpose of obtaining and maintaining a credit information file about you, and to another credit provider or a collection agent for the purpose of collecting overdue payments relating to credit owed by you and notifying defaults by you; (b) Use and disclose personal information about you for the purpose of providing services to you and for the improvement of customer service, including by means of research, marketing, product development and planning; and (c) Obtain and use information about your creditworthiness (including a consumer or commercial credit report) from a credit reporting agency, credit provider or other business that reports on creditworthiness. 9 General Condtions 9.1 You agree to notify Omni Environmental Group of any changes which affect the legal entity, structure or management control of your business. 9.2 This agreement is personal to you and you have no right to transfer or assign this Agreement or any rights given by this Agreement or any part of those rights without the prior written consent of Omni Environmental Group. 9.3 The supply of goods to you does not transfer any right, title or interest in any copyrights, trademarks, or other intellectual property rights relating to those goods to you, except as provided by any license supplied to you with any software. 9.4 Unless provision is made to you in writing, you agree that you shall not represent to any third parties that you are in anyway acting for Omni Environmental Group and Omni Environmental Group will not be bound by any contracts that you make with any third parties for the sale of goods. 9.5 Omni Environmental Group reserve the right to change these terms of trade from time to time without notice to you. 9.6 If Omni Environmental Group fails to enforce any terms of trade at any time, Omni Environmental Group has not waived those rights. If any provision of these terms is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms of trade.

I am at least 18 years old

Copy right Omni Environmental Group Pty. Ltd.© 2008. All rights reserved.

Development by TrueCMS, Hosting by Webprophets