Welcome to Oxyzone Pty Ltd Website (www.oxyzone.com.au). By accessing this web site, you agree to be bound by the terms and conditions of use. If you visit or purchase from Oxyzone, you accept these terms and conditions. Please read them carefully.
Access to and use of the information, products and services available through this site (collectively, the "Services") are subject to the following terms and conditions. By using the Services, you are agreeing to these terms and conditions. Please direct any questions to: Oxyzone Pty Ltd Unit 13, 218 Wisemans Ferry Road, Somersby NSW 2250. Unless expressly provided herein, the Services are licensed to you for your online viewing only. No further reproduction or distribution of the Services is permitted.
When you visit www.oxyzone.com.au or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this web site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Oxyzone or its content suppliers and protected by Australian and international copyright laws. The compilation of all content on this site is the exclusive property of Oxyzone and protected by Australian, United States and international copyright laws. All software used on this site is the property of Oxyzone or its software suppliers and protected by Australian, United States and international copyright laws. Copyright © 2009, Unit 13, 218 Wisemans Ferry Road, Somersby NSW 2250. All rights reserved.
The Oxyzone, www.oxyzone.com.au and other marks indicated on our web site are registered trademarks of Oxyzone Pty Ltd. These and other Oxyzone graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Oxyzone. Oxyzone’s trademarks and trade dress may not be used in connection with any product or service that is not Oxyzone’s, Oxyzone Pty Ltd’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Oxyzone. All other trademarks not owned by Oxyzone that appears in this site are the property of its respective owners, who may or may not be affiliated with, connected to, or sponsored by Oxyzone.
This web site is for your personal use only. You may not modify, copy, distribute, display, reproduce, publish, transmit, license, create derivative works from, transfer or sell any information or services obtained from this web site. However, you may download copyrighted material for their individual and non commercial use only. Oxyzone and other names of Oxyzone products and services are trademarks and/or service marks owned by Oxyzone and may not be used without the prior written consent of Oxyzone. Other service or product names referred to throughout this web site may be the trademarks, or service marks of their respective owners.
Oxyzone grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Oxyzone. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior express written consent of Oxyzone. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Oxyzone without express written consent. You may not use any meta tags or any other "hidden text" utilising Oxyzone name or trademarks without the express written consent of Oxyzone. Any unauthorised use terminates the permission or license granted by Oxyzone.
No sites may link to the www.oxyzone.com.au web site without the express prior written permission of Oxyzone. Ordinary and automatic terms and conditions for consensual linking shall include, without limitation: (1) our right to demand that the link be removed if we believe, in our sole discretion, that the context of the link is inappropriate, inaccurate or otherwise objectionable, and (2) we determine, in our sole discretion, whether or not we want to be associated, affiliated or connected with another web site in any manner. Merely because a link may exist on another third-party site to this web site, whether with or without our knowledge and/or permission, does not mean that Oxyzone approves of, sponsors or is associated with the third-party web site or its goods or services. Before linking, please submit requests for a link to Oxyzone.
This web site contains links to Internet web sites maintained and operated by third parties. Neither Oxyzone, nor its agents, nor its representatives operate or control in any way any information, products, or services contained on such third party web sites. Links to Internet web sites maintained and operated by third parties are included solely for the benefit of you, and do not constitute any endorsement by Oxyzone , its agents or representatives. You expressly assume any and all responsibility related to the use of links to Internet web sites maintained and operated by third parties. In addition, we provide links to the sites of Authorised Oxyzone Dealers, affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Oxyzone does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
As a condition of using this web site, you agree to indemnify and hold harmless Oxyzone, its officers, directors, employees and agents, and their respective successors and assigns, from and against any cause of action, loss, liability, damage, cost or expense of any nature whatsoever, whether accrued, absolute, contingent or otherwise, including, without limitation, attorney's fees and costs (whether or not suit is brought), arising out of claims resulting from your use of this web site, including, without limitation any claims alleging facts that if true would constitute a breach by you of these Conditions of Use.
All items purchased from Oxyzone are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Most Oxyzone products displayed at the site are available directly from Oxyzone or its agents. Oxyzone attempts to be as accurate as possible. However, Oxyzone does not warrant that product descriptions, colour (actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate) or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Oxyzone itself is not as described, your sole remedy is to return it in unused and unopened condition.
1. The materials on this web site are to be used for informational purposes only and may include inaccuracies or typographical errors. Changes are periodically made to the information on this web site. Oxyzone reserves the right to make improvements and/or changes to the content of this web site at any time, with or without notice. Oxyzone makes no representations about the suitability of the information and services contained on this web site for any purpose. To the full extent permissible by applicable law, Oxyzone disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Oxyzone does not warrant that this site, its servers, or E-mail sent from Oxyzone are free of viruses or other harmful components. Oxyzone will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
All information and services contained in this web site are provided on an "AS IS" and "AS AVAILABLE" basis without warranty of any kind, expressed or implied, as to the operation of this site or the information, content, materials, or products included on this site, and no advice or information published by Oxyzone, its agents or representatives shall create any warranty. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimer may not apply to you, and you might have additional rights.
By visiting www.oxyzone.com.au you agree that all legal issues arising from or related to the use of the www.oxyzone.com.au web site and its services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the state of NSW applicable to contracts entered into and wholly to be performed within said state, unless expressly stated to the contrary elsewhere within these Conditions of Use.
Any dispute relating in any way to your visit to www.oxyzone.com.au or to products you purchase through Oxyzone shall be submitted to confidential arbitration in Sydney, NSW, except that, to the extent you have in any manner violated or threatened to violate Oxyzone intellectual property rights, Oxyzone may seek injunctive or other appropriate relief in any state or federal court in the state of NSW, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Conditions of Use shall be conducted under the rules then prevailing of the NSW Arbitration Association or similar. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise.
Please review our other policies, such as our Pricing Policy, posted on this site. These policies also govern your visit to www.oxyzone.com.au. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. It is your sole responsibility to regularly review such terms and conditions. Continued use of this web site following any such changes shall constitute your acceptance of such changes.
1.1 The words
(a) "Oxyzone" means Oxyzone PTY LTD ATF Hiscock family trust ABN 48 140 439 520.
(b) "Customer" means the applicant for a credit account with Oxyzone in respect of the Parts and/or to whom the Parts are sold and/or in whose name an account is maintained by Oxyzone for the purchase of the Parts.
(c) "Parts" mean all Parts ordered by the Customer under this Agreement.
(d) "GST" means a Goods and Services Tax as defined in A New Tax System (Goods and Services) Act 1999.
2.1 Oxyzone will use reasonable endeavours to complete delivery of the Parts, however, delivery dates or periods quoted are estimates only and subject to prompt receipt by Oxyzone of all information from the Customer necessary to permit Oxyzone to proceed with the supply and/or delivery and/or installation of the Parts.
2.2 Oxyzone has no liability whatsoever for any loss or damage suffered by the Customer as a consequence of any delay or failure to deliver any of the Parts irrespective of the cause.
3. PURCHASE PRICE
3.1 The purchase price unless otherwise stated does not include any delivery charges, packaging, freight and insurance, all of which may be added to the purchase price or otherwise will be paid by the Customer or reimbursed by the Customer to Oxyzone as Oxyzone may elect.
3.2 All expressed prices, charges, fees or other amounts payable by the Customer to Oxyzone have been calculated without including an amount for GST, unless it is clearly stated that the prices, charges, commissions, fees or other amounts payable include GST. Each payment made by the Customer to Oxyzone will be made together with an additional amount equal to the GST on the supply or component of the supply (made or to be made) giving rise to or in connection with the payment.
4. PAYMENT TERMS
4.1 Terms of payment are in accordance with the Customer's credit approval as amended in writing from time to time or otherwise 7 days from the date of invoice.
4.2 Oxyzone may at its discretion charge interest on any monies which are overdue at the rate of four percent (4%) per annum over the base Westpac Indicator Lending Rate as quoted periodically calculated on a daily basis. Any payment subsequently voided by any statutory entitlement is deemed not to have been made.
5. PASSING OF RISK AND TITLE
5.1 Risk in the Parts passes to the Customer upon the earlier of delivery of the Parts to the Customer or to a carrier for delivery to the Customer.
5.2 Title in the Parts passes to the Customer when all monies owing to Oxyzone on any account whatsoever have been fully paid by the Customer.
5.3 Before payment the Customer holds the Parts on trust for Oxyzone.
5.4 The customer will cause the Parts to be kept separate and conspicuously identified as Oxyzone 's; treat the Parts with all proper care; insure the Parts against all usual risks and ensure that the interest of Oxyzone is noted with the insurer.
6.1 The Customer has no right of cancellation of any order where items have been specifically ordered for that Customer.
7. COMPLIANCE WITH ORDER AND DEFECTIVE PARTS
7.1 Unless the Customer gives written notice within 48 hours of receipt of the Parts then the delivery of the Parts is deemed to be in complete compliance with and in satisfaction of the order.
7.2 The Customer waives any claim whatsoever against Oxyzone in respect of the Parts unless 48 hours written notice is given.
7.3 Where the Customer gives notice, Oxyzone has the right to examine any of the Parts.
7.4 Oxyzone is not obliged to accept the return by the Customer of any of the Parts unless the Parts are defective.
7.5 Oxyzone is not under any obligation to compensate the Customer for labour or other expenses incurred by the Customer in removing or replacing defective Parts.
8. LIMITATION ON LIABILITY
8.1 Oxyzone 's liability to the Customer arising in connection with the supply or use of the Parts, including defective Parts whether under common law, equity or statute and whether direct or indirect is limited (to the extent permitted by law and not otherwise expressly provided for) to the cost of replacement of the Parts or supply of equivalent Parts
8.2 Oxyzone has no liability for any incidental, consequential or indirect damages.
8.3 To the extent permitted by law and except as provided herein, all implied conditions, warranties, and representations are hereby expressly negated and excluded.
8.4 Oxyzone is not liable for failure to perform or complete any of its obligations hereunder due to causes beyond the reasonable control of Oxyzone.
9.1 In the event of any default by the Customer in respect of payment, Oxyzone is authorised in the name of the Customer and in this respect and for all related purposes the Customer irrevocably appoints Oxyzone its attorney and in the name and as the act of the Customer: (a) where the Parts have not been resold to enter upon any premises and take back into its possession any Parts; (b) where the Parts have been resold to be subrogated to the Customer's rights in respect of the Parts held by any third party and take back into its possession any Parts.
9.2 The Customer hereby indemnifies and saves harmless Oxyzone in respect of any action taken by it under the preceding paragraph.
10. CREDIT APPLICATION
10.1 It is a condition of this Agreement that the Customer has complied with Oxyzone 's requirements as to security for payment specified by Oxyzone in the Customer's credit approval or as stated by Oxyzone prior to acceptance of an order or as required by Oxyzone at any time after acceptance should Oxyzone consider such requirement is reasonable.
11.1 Parties A reference to a party to this document includes that party's successors and permitted assigns.
11.2 Governing law and jurisdiction This document is governed by the law applicable in New South Wales. Each party submits to the non-exclusive jurisdiction of the Courts of New South Wales.
11.3 Entire agreement This agreement contains all the terms on which Parts are sold and credit is given.
11.4 Variations A variation of this agreement must be in writing and signed by or on behalf of each party to it.
11.5 Joint and several liability Where there is more than one Customer the liability of each is joint and several.