Terms & Conditions

A.  ABOUT OBLICA

Your purchase of goods from Oblica is subject to these Terms and Conditions of Sale (“Terms”) and any Terms of Use associated with the goods you purchase under these Terms. If you do not accept these Terms, you must refrain from making a purchase from Oblica.

B.  PRICES

All prices quoted are in Australian Dollars ($) and include GST, unless stated otherwise.

C.  QUOTATION TERMS

Quotations are valid for 60 days, excluding errors and omissions.

To provide the most competitive pricing, the quotation is based on the total quantity of products detailed in the specifications. The quotation will no longer be valid should changes to the specifications (either item or quantity) be made.

Clerical errors and misprints in computations, typing or otherwise in any
Oblica document are subject to correction by Oblica by either re-issuing of the document or adjustment of the document, as the case requires. Oblica shall not be liable for any cost, expense or damage incurred by you as a result of any correction of any document by Oblica.

D. ORDER CONFIRMATION

Oblica will forward an order confirmation on receipt of your acceptance of the quotation. The details in the order confirmation will form the sales order.

Any variation to the sales order will need to be confirmed within 24 hours of order placement. Variations to the sales order may incur additional costs or variation to lead- time and you indemnify Oblica for any such additional costs.

E. ORDER AMENDMENTS OR CHANGES

Once your order has been confirmed any request for subsequent changes must be sent in writing. No guarantee can be given that the requested change can be made. Any variation or cancellation agreed to by Oblica will incur additional costs and you indemnify Oblica for any such additional costs.

F. PAYMENT TERMS

(1) Oblica will not dispatch any goods to you until full payment for the goods has been received by Oblica. Title in any goods does not pass to you until full payment of the goods is made to Oblica.

(2) In-stock Items
Where in-stock items have been fully paid for by you but are still in Oblica’s possession for more than 14 days after receipt of your payment, whether due to your failure to collect such items or due to your failure to accept delivery from Oblica’s carrier (whichever is applicable), Oblica reserves the right to require that you pay Oblica a storage fee of $100 per cubic metre plus GST per month for the period that such items remain in Oblica’s possession after such 14 day period (on a pro-rata basis).

(3) Ordered-in items
If an item is in stock and required to be ordered-in, a 40% deposit is payable to Oblica within three (3) days of Oblica providing you with the corresponding request for deposit (Deposit).

(4) The full purchase price for the goods less any paid Deposit (Balance) is due within fourteen (14) days of the notice to you by Oblica that the order has been completed and is available at our warehouse (Invoice). Oblica may retain possession of the goods until amounts owing to Oblica by you are satisfied in full.

(5) If you default in or commit a breach of your observance and performance of your obligations to Oblica, including failure to make payment of the Balance within fourteen (14) days of the Invoice, Oblica may, at its absolute discretion, impose any of (or combination of) the following, without prejudice to any other remedy open to it:

1. terminate these Terms and cease provision of goods and/or completion of all outstanding orders;
2. the Deposit is forfeited to Oblica to cover costs of the goods, freight, storage and administrative costs reasonably incurred by Oblica;
3. where a discount, concession or allowance was previously given by Oblica and stated on an order, such discount, concession or allowance may be withdrawn in part or in full, by written notice to you;
4. Oblica may charge interest, at the rate of 2% per annum above the current penalty interest rate set by the Penalty Interest Rate Act 1983 (Vic), on any Balance from the date being fourteen (14) days after the date of the Invoice until such amount is paid in full;
5. if payment of the Balance is not paid in full within fourteen (14) days of the date of the Invoice, Oblica may deal with those goods in its possession as it sees fit, including selling the goods to a third party, allowing Oblica to recover any loss it may have suffered; and
6. You indemnify Oblica for a storage fee of $100 per cubic meter per month plus GST until the goods are re-sold.

(7) You are liable for all costs, including legal costs (on a full indemnity basis) and mercantile agents fees, incurred by Oblica in relation to recovering any amount outstanding in respect of an invoice which you have failed to pay in accordance with the payment terms specified above, or in relation to Oblica enforcing or pursuing its rights, including in respect of any breach of these Terms by you.

(8) Where you consist of more than one party, each party shall be jointly and severally liable for all payments owed by you to Oblica.

(9) Payment can be made by:

• EFT
  Account Name: Oblica Pty Ltd BSB: 063 212
  Account Number: 1023 7257
• Credit Card
  Oblica accept payment by Visa and Mastercard.
• Cheque
  Payable to: Oblica Pty Ltd
  Mailed to: Oblica, 200 Argyle st, Fitzroy VIC 3065

J.  LEAD TIMES
Please contact our sales office for current lead time estimates. Failure to provide all relevant information requested by Oblica may delay lead times. Whilst we will make every effort to achieve nominated dispatch dates, delays do not constitute a breach of contract and Oblica is in no way liable for any resulting damages.

K. DISPATCH AND DELIVERY
(1) On acceptance of the order, Oblica will advise the expected period for dispatch of the goods to you and will notify any variation from the quoted period. You acknowledge that Oblica has no control over the timing
of delivery of the goods once they are dispatched by Oblica. Delivery enquiries should be directed to Oblica’s carrier who may also provide a tracking number to you,

(2) Once the goods are ready for dispatch, Oblica will update you as to the expected date on which the goods will be dispatched to you. It will be at the absolute discretion of Oblica whether to alter the dispatch date to suit your delivery preferences.

(3) Freight charges cover a single delivery to ground level or loading bay, during weekday business hours.

(4) Non-standard access (e.g. stairs and stairwell capacity, lifts and lifts capacity, weekends) must be advised in writing in the specifications at the time of order placement. We reserve the right to charge additional costs if correct access information is not provided to Oblica.

(5) Expected dispatch dates and/or completion times are estimates only unless expressly stated to be an essential term of the order and may be varied at any time by Oblica’s availability of products, materials, labour and transport and other contingencies. Expected dispatch dates and/or completion times are subject at all times to variation by Oblica, including as a result of delay or disruption by, or due to, any matter beyond Oblica’s reasonable control.

F. INSPECTION
(1) You are required to inspect all products supplied at the time of delivery
to you. Our carrier will then ask you to sign the delivery docket noting confirmation of the order being correctly delivered, or any claimed variance or shortage to your order for investigation by Oblica.

(2) You must notify Oblica in writing of any alleged damage, defect or other contractual breach within forty-eight (48) hours of delivery of the goods. If Oblica does not receive such notice within this time, you shall be deemed to have accepted the goods and Oblica’s obligations will be deemed to have been fulfilled.

G. RETURNS AND EXCHANGES

Subject to clause K(1) of these Terms:

(1) Oblica will not accept the return of the goods delivered to you if the goods delivered have been accepted or deemed accepted by you or you wish to change your mind and cancel the order, unless we choose to do so in our sole discretion.

(2) If we do accept a return of the goods under clause J(1) of these Terms, you must arrange return of the goods, at your cost and risk, to our nominated returns depot or store, and you agree to return the goods in their original condition, in their original unopened and sealed packaging, accompanied by the original order receipt or another form of proof of purchase (as approved by us).

(3) You also agree that we are entitled to deduct from any refund of any payment made by you, the cost of the original delivery and an amount that we reasonably believe reflects the loss to us in accepting the cancellation, including any storage costs and any mark down of the price of the goods. In the case of goods which were not in-stock at the time of order, and were required to be ordered-in, you agree that the Deposit amount is forfeited to us on account of these costs.

(4) Oblica does not offer exchange or credit note on custom made goods unless the item is faulty, significantly different from what was shown to you at the time of your order, or in breach of manufacturer’s warranties or where otherwise required by law.

H. WARRANTIES & LIMITATION OF LIABILITY

(1) The Competition and Consumer Act 2010 (Cth) may imply certain provisions, conditions, warranties and guarantees into these Terms that cannot be excluded or modified. These Terms do not exclude or modify any of those provisions, conditions, warranties or guarantees if to do so would contravene that law or make any part of these Terms void.

(2) The manufacturer may offer warranties in addition to any consumer legislation obligations, independent of Oblica. You acknowledge that any such additional warranties are offered by the manufacturer at its option, at the sole responsibility of the manufacturer, and Oblica is not liable under any such warranties.

(3) Subject to clause K(1), Oblica excludes all warranties, conditions and guarantees that may be implied into these Terms (including as to due care and skill and fitness for purpose) and limits its liability for breach of any implied condition, warranty or guarantee that cannot be excluded to (at its option) the re-supply of those goods or reimbursement of the cost of having those goods re-supplied.

(4) It is recommended that all outdoor products are kept in undercover areas, and avoid goods being exposed to extreme weather conditions.

(5) Oblica will use its reasonable endeavours to achieve completion and dispatch of the goods within the timing advised to you but Oblica shall have no liability to you for delay in delivery of the goods nor will you be entitled to claim against Oblica in respect of loss or damage caused by delay in completion or delivery.

1. (6) Subject to clause K(3), to the extent permitted by law, where our liability cannot be excluded, Oblica’s liability to you shall be limited to $2,000 for any claim and an aggregate of all claims to:
   the amounts paid by you to Oblica pursuant to these Terms in the preceding 6 months prior to your notification to Oblica of the claim; or
2. $6,000;

whichever is the lesser.

(7) The limitation in clause K(6) does not apply to claims in respect of personal injury to, illness or death of persons.

(8) Despite any other provision of these Terms, to the extent permitted by law, Oblica has no liability to you nor will you be entitled to claim against Oblica in respect of exemplary damages or consequential loss (including, but
not limited to, damages for any direct or indirect loss of business profit or revenue, business interruption and loss of business information).

(9) You acknowledge that you have not relied on any representation made by Oblica which has not been expressly stated in these Terms.

1. (10) You indemnify Oblica against all loss, liability, cost (including legal costs on a full indemnity basis) and expense incurred by Oblica:
   in connection with any act or omission of you including, but not limited to, negligence by you or any unauthorised representation made or warranty given by you in connection with the goods; or
2. as a result of any claim made or action brought in connection with the goods or their use, other than a claim or action brought by you under these Terms or a condition or warranty implied by law which is not lawfully excluded by these Terms.

(11) This clause K shall survive termination of these Terms.

I. ACKNOWLEDGEMENT

You acknowledge having read and agreed to these Terms and accept that these Terms (as amended and updated from time to time) shall apply to all future contracts between Oblica and you, unless agreed otherwise in writing by both parties.

J. SEVERABILITY AND NON-MERGER

Notwithstanding that any provision of these Terms may prove to be illegal
or unenforceable pursuant to any statute or rule of law, or for any other reason, those provisions are deemed omitted without affecting the legality of the remaining provisions and the remaining provisions of these Terms shall continue in full force and effect. Each obligation, which expressly survives or is capable of surviving termination of these Terms, continues in force despite the termination of these Terms.

K. WAIVER

No failure to exercise and no delay in exercising on the part of any party any right, power or privilege under these Terms shall operate as a waiver nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise or the exercise of any other right, power or privilege. The rights and remedies provided in these Terms are cumulative and not exclusive of any rights or remedies otherwise provided by law.

L. APPLICABLE LAW

Unless otherwise agreed in writing by Oblica, these Terms and the sale of all goods by Oblica shall be governed by the applicable law in the State of Victoria.