Terms and Conditions

DISCLAIMER


The information contained in this website is for general information purposes only. The information is provided by OEM Dynamics Pty Ltd, and whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of OEM Dynamics. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, OEM Dynamics takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

PRICES 
All prices are for supply ex-works our store. Prices charged are those shown on the current OEM Dynamics Pty Limited price sheets when the order is received. OEM Dynamics Pty Limited reserves the right to vary prices on sheets at any time without notice.


MATERIALS 
Product is shipped freight charges collect. The purchaser may nominate the transport medium but failing such nomination OEM Dynamics Pty Limited may nominate the means of transport. OEM Dynamics Pty Limited does not accept responsibility for any costs or expenses incurred through shipping errors and risk passes on delivery to courier.


INSURANCE 
Insurance is not arranged on any shipment unless a written request is received by OEM Dynamics Pty Limited from the purchaser in sufficient time to allow insurance arrangements to be made before dispatch. Any insurance arranged is at the purchaser's expense.


ORDERS 
Once an order has been placed and accepted, the contract cannot be terminated unless with the consent on such terms as OEM Dynamics Pty Limitedagrees.


RETURNED GOODS 
Goods shall not be returned unless in pursuance of the contract or warranties of OEM Dynamics Pty Limited. Any goods agreed to be returned shall be on such terms and conditions as OEM Dynamics Pty Limited agrees and shall always include a 15% of invoice value or $50, whichever is greater, as a restocking charge and (in addition) any cost incurred in bringing the stock to standard condition.


PAYMENT AND TRANSFER OF TITLE AND RISK 
Risk shall pass to purchaser when goods are received by the purchaser or collected by the carrier, whichever first occurs. Payment is strictly COD unless prior written approval is given by OEM Dynamics Pty Limited.
(a) Until the product the subject of this contract is paid for in full:
     (i) ownership of the product shall remain with OEM Dynamics Pty Limited, but the risk shall pass to the purchaser.
     (ii) the purchaser shall act as the trustee of and shall hold the product as bailee for OEM Dynamics Pty Limited.
     (iii) the purchaser shall store the product in such a manner as to be separately identifiable.
     (iv) the purchaser is authorised to sell the product as agent for OEM Dynamics Pty Limited but shall not disclose this
          agency to any third party.
(b) If the purchaser makes a default in the payment of the whole or part of the purchase price or if the purchaser parts with possession of the product other than by way of sale in the ordinary course of the purchaser's business or if being a company commences to be wound up or is placed under official management or a receiver is appointed or an encumbrancer takes possession of its undertaking or property or any part there of, it shall be lawful for the authorised representative of OEM Dynamics Pty Limited without prior notice to retake and resume possession of the product and to enter upon any premises in the occupation of the purchaser or any other place where the product may be located in order to do so.


WARRANTY 
OEM Dynamics Pty Limited warrants the products to be free from defects in material and workmanship for twelve (12) months from date of dispatch. OEM Dynamics Pty Limited will repair or replace any products found to be defective upon inspection at its store in accordance with its obligations.


EXCLUSION CLAUSES 
Purchasers are reminded that safe operation depends on the use of the product in compliance with our published engineering information. Purchasers are responsible for obtaining this information and ensuring that the materials supplied are operated within the ratings published in their respective manuals and that proper lubrication is provided in accordance with recommendations. To the fullest extent permitted by law all terms, conditions and warranties not contained herein are expressly excluded. OEM Dynamics Pty Limited shall not be liable (or its liability shall be limited to the fullest extent permitted by law) for any loss or damage (whether consequential or not) incurred through the use of OEM Dynamics Pty Limited products or its acts, negligence, omission or default.


LAW OF THE CONTRACT 
This contract is to be interpreted by the law of the State of New South Wales.


DISPUTE RESOLUTION 
The purchaser and OEM Dynamics Pty Limited acknowledge that this contract is made in the State of New South Wales and that any dispute arising there from is to be resolved by proceedings to be commenced and dealt with in the State of New South Wales.



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