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Terms of Service

Website Terms and Conditions of Use

 Parties

 Osren Australia (ABN 63452313650) of 2 Lyn Parade, Prestons NSW 2170.

 Definitions

In these Terms and Conditions:

Osren Australia (ABN 63452313650) being the entity that accepts the Order to supply products to You;

Claim means any actual, contingent, present or future claim, demand, action, suit or proceeding for any Liability, restitution, equitable compensation, account, injunctive relief, specific performance or any other remedy of whatever nature and however arising, whether direct or indirect, and whether in contract, tort (including but not limited to negligence) or otherwise;

Confidential Information means information, whether in visual, oral, documentary, electronic, machine-readable, tangible, intangible or any other form, relating to AB&C or any related entity of AB&C including but not limited to any information relating to any business, products, markets, operations, processes, techniques, technology, forecasts, strategies or any other matter;

Contract means a contract formed as a result of the acceptance of an Order by AB&C;

Corporations Act means the Corporations Act 2001 (Cth);

Defect means any defect, fault or omission in the works or products, but shall not extend to any defects caused by:

Delivery Address means the address for the delivery of the products in a contract or provided to us by You;

Intellectual Property Rights means any present or future rights conferred by statute, common law or equity in any part of the world in relation to any confidential information, copyright, trade marks, service marks, designs, patents, circuit layouts, plant varieties, business names, domain names, inventions, trade secrets or other results of intellectual activity in any industrial, commercial, scientific, literary or artistic fields;

Liability means any loss, liability, cost, payment, damages, debt or expense (including but not limited to reasonable legal fees);

Order means any written or verbal order by you to us for products;

Personnel  means any employee, servant, contractor, subcontractor, agent, partner, director or officer of a party;

PPSA means Personal Property Securities Act 2009 (Cth);

Price means the price of the products and/or services as nominated by us from time to time;

Products means the products materials, supplies, equipment or other items identified in a contract;

T&Cs means these terms and conditions of supply.

Use of Product means the information you provide to us about your intended use of a Osren Products.

Website means www.osren.com.au

You means the customer set out in any quotation, offer or other document provided by Osren Australia (or, in the absence of such information, the customer who placed the order).

 

  1. About the Website

Welcome to www.osren.com.au. The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the website (the 'Products'). The website provides this service by way of granting you access to the content on the website (the 'Purchase Services').

 

  1. Acceptance of the T&Cs

You accept the T&Cs by remaining on the website. You may also accept the T&Cs by clicking to accept or agree to the T&Cs where this option is made available to you by us in the user interface.

 

  1. Registration to use the Purchase Services

In order to access the purchase services, you must first register as a user of the website. As part of the registration process, or as part of your continued use of the purchase services, you may be required to provide personal information about yourself (such as identification or contact details), including:

You warrant that any information you give to us in the course of completing the registration process will always be accurate, correct and up to date. Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the terms. As a Member you will be granted immediate access to the purchase services.

You may not use the Purchase Services and may not accept the T&Cs if:

 

  1. Your obligations as a Member
    • As a member, you agree to comply with the following:

You will use the purchase services only for purposes that are permitted by:

 

  1. Purchase of Products and Returns Policy

In using the purchase services to purchase the product through the website, you will agree to the payment of the purchase price listed on the website for the product (the 'Purchase Price'). Payment of the Purchase Price may be made through one of the following third party providers:

(the 'Payment Gateway Providers')

In using the purchase services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

 

  1. Your specific obligations
    • You will be solely responsible for:
      • Any content or information you place on the Website
      • Any information you provide to us in assessing what Product would be suitable for your requirements
      • Maintaining the security of your login and password details
      • Ensuring that you have Personnel at your delivery premises to collect any products delivered to You
      • Ensuring you provide us with correct payment details
      • Immediately notifying us of any defects in a product supplied to You;

 

8. Delivery

 

 

9. Title

  1. be only a bailee of the products;
  2. ensure the products are kept separate and identifiable from other products;
  1. return any products to us immediately on request;
  2. authorise us or any agent of us to enter any land and premises owned, occupied or controlled by you where the products are located and take possession of the products; and
  3. hold the proceeds from any sale or disposal of the products on trust for us,

and we may repossess, retain, deal with and/or sell the products as we determine in our absolute discretion.

(c)        We may, for the purposes of exercising our rights under clause 9, enter any premises owned, occupied or controlled by you and remove the products including but not limited to by detaching or unfixing the products from any products or land to which the products are attached or fixed.

 

10. Credit and Personal Property Securities

(b)       If we grant credit terms to you, then to secure the punctual payment of all amounts owed by You to us, you grant to us:

  1. a security interest (as defined under the PPSA) over all present and after-acquired property of you in relation to which you can be a grantor of a security interest under the PPSA, whether or not you have title to the property, including but not limited to all PPSA retention of title property (as defined under section 51F of the Corporations Act); and
  2. a fixed charge over all present and after-acquired property of you in relation to which you cannot be a grantor of a security interest under the PPSA.

(c)       You agree and acknowledge we may (without limiting our other rights under these T&Cs, at law or otherwise) lodge caveats over your property and take any other action to secure and enforce our security under this clause.

  1. acknowledges that we may, at your cost, register one or more financing statements in relation to any security;
  2. waives, if permitted under the PPSA, You’s right under section 157 of the PPSA to receive notice of any verification statement relating to the registration of any financing statement or any related financing change statement; and
  3. will not, without prior written notice to us, change your name or initiate any change to any documentation registered under the PPSA.

 

11.  Warranty

 

12. Osren Australia right to set off

We are entitled to set off any amount we must pay you under these T&Cs against any amount you must pay us under these T&Cs.

 

13. Copyright and Intellectual Property

 

14. Privacy

We take your privacy seriously and any information provided through your use of the application and/or the purchase services are subject to our Privacy Policy, which is available on the application.

 

15. General Disclaimer

 

16. Limitation of Liability

 

17. Termination of Contract

save that you will not be able to terminate your account with us until you have paid for all outstanding amounts owing to us. Your notice should be sent, in writing, to u via the 'Contact Us' link on our homepage.

 

18. Indemnity

 

19. Dispute Resolution

If a dispute arises out of or relates to the T&Cs, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort).                

A party to the Terms claiming a dispute ('Dispute') has arisen under the T&Cs, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.                 

On receipt of that notice ('Notice') by that other party, the parties to the T&Cs ('Parties') must:

All communications concerning negotiations made by the parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.               

If 4 weeks have elapsed after the start of a mediation of the dispute and the dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

 

20. Venue and Jurisdiction

The purchase services offered by us are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wale, Australia.

 

21. Governing Law

The T&Cs are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the T&Cs and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The T&Cs shall be binding to the benefit of the parties hereto and their successors and assigns.

 

22. Independent Legal Advice

Both parties confirm and declare that the provisions of the T&Cs are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the T&Cs are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

 

23. Severance

If any part of these T&Cs is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed and the rest of the T&Cs shall remain in force.