Terms and Conditions
Business Name: Optica Life Accessories Limited
ABN #: 16138670676
In these terms:
“Optica” means “OPTICA LIFE ACCESSORIES LIMITED”, its successors and assigns. Optica’s
agents in Australia are CIB Accountants & Advisors, Suite 6, 5-7 Ross Street, North Parramata
“Customer” means the person, firm or company which has offered to purchase goods from
Optica or to whom Optica has offered to sell the goods.
An “Event of Default” means an event where:
• the Customer fails to comply with the terms of this contract with the Optica or any
related company of Optica; or
• the Customer commits an act of bankruptcy; or
• the Customer enters into any composition or arrangement with its creditors; or
• if the Customer is a company;
o the Customer does anything which would make it liable to be liquidated; or
o a resolution is passed or proceedings commended for the Customer to be
o a receiver or statutory or official manager is appointed over all or any of
Customer’s assets; or
o the ownership or effective control of the Customer is transferred without the
written consent of Optica.
Orders should be placed in accordance with Optica’s procedures as advised from time to time.
Receipt of any order from the Customer will be deemed to be acceptance by the Customer of
these Terms of Trade, despite anything to the contrary in the Customer’s order. Orders are
irrevocable. Optica will use its best endeavors to fulfil orders which have been confirmed by
Optica, but shall not be liable for any failure to deliver or delay in delivery. Delivery of 10%
more or less than the quantity of goods ordered by the Customer shall constitute performance
of any contract, the amount under or over supplied to be deducted or charged for pro-rata. The
unit price charged for deliveries of less than the amount ordered will be the quoted unit price
for the number ordered, not the number delivered.
FREIGHT & PRICING
All prices are in Australian Dollars (A$) and are exclusive of GST, Government charges and
freight, which will be charged on all invoices in accordance with the relevant legislation at the
time of supply. New origination charges are extra. If no quotation is given then Optica’s current
price at the time of order will be payable.
Optica reserves its right to modify its prices at any time, but undertakes that the prices applied
will be those in effect at the time of the order, except in cases of typographical errors.
In the event that an Optica product is mistakenly listed at an incorrect price, Optica reserves
the right to refuse or cancel any orders placed for products listed at the incorrect price,
whether or not the order has been confirmed and payment made. If a credit card has already
been charged for the purchase and the order is cancelled, Optica shall issue a credit to the
credit card account in the amount of the incorrect price.
All goods shipped will include freight charges relative to the cost of freighting the order from
Optica to the Customer. Freight charges may vary or be included in the price of the goods
dependent on the Customer and the terms of trade they have with Optica.
DELIVERY TERMS AND CONDITIONS
Optica sells its products out of their Christchurch, New Zealand warehouse, with the
transportation costs and risks being borne by the Customer. Products will be delivered at the
delivery address indicated by the Customer as part of the order filling.
Shipment times will vary depending on the Customer’s location and the mode of shipment
selected by the Customer.
Any shipment times indicated are averages only.
Duties may be levied on the Customer by the customs authorities of the country of delivery.
If the packaging is damaged, torn or opened at the time of delivery, the Customer should check
the condition of the products. If they have been damaged, the Customer must refuse delivery
or make an ad hoc reservation on the delivery confirmation slip (delivery refused: opened or
Additionally, the Customer should check that the package delivered corresponds to the
purchase order before signing the delivery confirmation slip. The Customer should make
handwritten signed reservations if there are anomalies (damaged product, …). This check will
be deemed satisfactory, if the Customer or a person authorised by the Customer has signed the
delivery confirmation slip.
For all sales on credit, payment is due on the 20th day of the month following the date of
invoice (“the due date”). In the event that an account is not paid in full by the due date interest
will be payable on the overdue amount calculated at 2% per month from the due date to the
date the account is paid in full. The Customer will be liable for any debt collection costs and any
legal costs incurred in conjunction therewith. Optica retains the right to withhold deliveries
while any account is overdue. Any discounted prices quoted by Optica apply only in the event
that payment is made on or prior to the due date. In respect of payments made after their due
date, the full price will be payable together with interest and any costs thereon. In the event
that the Customer fails to make a payment by its due date, then all amounts owing by that
Customer shall become due and owing. Any payments made by a Customer in reduction of
overdue amounts shall be applied first to interest and debt collection and legal costs incurred.
If the Customer is paying a credit account by credit card, the payment may incur a transaction
fee of 3.5% on the Gross total of the amount owing as well as any foreign currency bank service
EVENT OF DEFAULT
Optica’s obligation to fill any order made by the Customer may cease, at Optica’s election, on
the occurrence of an Event of Default, provided however that Optica must notify the Customer
promptly and in writing if it intends not to fulfil an order on the basis of the occurrence of an
Event of Default.
In the case of the supply of goods or services to which the Australian Trade Practices Act 1974
applies, Optica gives the warranties set out in that Act, provided however that Optica will not
be liable for any consequential or indirect loss. In all other cases, Optica gives no warranties as
to goods or services supplied. Any claim under these warranties must be made as soon as the
Customer becomes aware of the defect.
We implement a variety of security measures to maintain the safety of the Customer’s personal
information. The Customer’s personal information is contained behind secured networks and is
only accessible by a limited number of persons who have special access rights to such systems,
and are required to keep the information confidential. When the Customer places orders, or
accesses personal information, we offer the use of a secure server. All sensitive/credit
information the Customer supplies is transmitted via Secure Socket Layer (SSL) technology and
Optica will not sell, trade, or otherwise transfer to outside parties the Customer’s personally
identifiable information, except for the sharing of information with website hosting partners
and other parties who assist us in operating our website, so long as those parties agree to keep
this information confidential. Optica may also release the Customer’s information when we
believe release is appropriate to comply with the law, enforce our site policies, or protect our
rights, property, or safety.
changes will apply only to information collected after the date of the change. By providing us
point in time, the Customer has the right to access, modify, rectify or cancel their personal data.
TRADE MARKS, PATENT AND COPYRIGHT
If Optica utilises any designs, trademarks or other intellectual property supplied by the
Customer the Customer warrants that the use of and the manufacture and supply of goods in
accordance with or using such designs, trademarks or other intellectual property will not
infringe the intellectual property of any third party. The Customer indemnifies Optica against
any loss, damage, costs or expense suffered by Optica as a result of the use or manufacture and
supply of goods bearing any designs, trademarks or other intellectual property being found to
have breached a third party’s intellectual property rights.
We attempt to be as accurate as possible. However, we do not warrant that product
descriptions or other content is accurate, complete, reliable, and current or error free. As such,
we reserve the right to correct any incorrect information, including pricing errors, even after
the transaction has been completed. If the items the Customer has ordered are not in stock we
will contact the Customer to see if they would like us to back-order the items. We shall not
charge for any goods that we cannot supply for any reason. However, we will not be
responsible for any damage or losses that the Customer may suffer if we fail to supply goods.
Any technical information, knowledge, or processing methods at any time transmitted either
orally or in writing by Optica to the Customer, which is, by its nature, reasonably intended to be
confidential, shall be kept confidential by the Customer and the Customer will not use such
information or deal with it in any way without Optica’s prior consent.
If Optica fails to exercise any right or remedy available to it under these Terms of Trade, such
failure shall not constitute a waiver of Optica’s rights.
These Terms of Trade shall be governed by New Zealand law and the parties submit to the nonexclusive
jurisdiction of the New Zealand courts. If any of these terms and conditions are held
to be invalid, unenforceable, or illegal for any reason, the remaining terms and conditions shall
nevertheless continue in full force.
Where the Customer applies and/or is provided with a credit facility by Optica, the Customer
specially agrees and acknowledges with Optica as follows: That Optica hereby informs the
Customer that they may disclose to a credit reporting agency certain personal information
about the customer including: information contained in this application, identification, the
amount of credit applied for, payments which may become more than 60 days overdue, advice
that payments are no longer overdue, a serious infringement which Optica believes the
Customer has committed. That Optica in assessing this application and any later request for a
credit limit increase may obtain from a credit reporting agency a credit report containing
personal credit information about the Customer, and a credit report containing information
about the Customer’s commercial activities or commercial credit worthiness. Optica may give
to and obtain from any third party, information about the Customer’s personal or commercial
credit arrangements including information about the Customer’s credit worthiness, credit
standing, credit history, or credit capacity for the particular purpose for which the information
PERSONALISED PRODUCT TERMS AND CONDITIONS
- No printing charges apply unless otherwise specified within written material.
- A new artwork setup fee of $120.00 + GST will be charged for every new item that requires
- Changes to existing artwork is charged at $80.00 + GST per item per revision set.
- There’s no charge applied to reorders that do not require artwork changes.
- Buying group artwork charge discounts available.
- The Client is allowed three sets of revisions to their project. Any authors corrections or
amendments outside of the nominated three sets of revisions, are charged at a rate of $80.00 +
GST per amendment.
- Optica makes every effort to deliver concepts to suit the Client’s brief. If the Client is not
happy with the concepts provided by Optica, and the amends do not fall within minor
‘revisions’ to the project, the Client can pay for further concepts to be developed or choose not
to proceed and pay for ‘work to date’.
- All artwork is to be approved by PDF format before production.
- Whilst all care is taken by Optica, Optica is not responsible for any spelling, grammatical,
numerical errors, or omissions after final approval. Even if these errors are from Optica, it is the
Client’s responsibility to proof read and check thoroughly their projects to identify any errors
prior to approval. The Client is fully responsible for reprint and productions costs should they
decide to print again. Optica will issue no refunds.
- The Client assumes full copyright and reproduction rights upon full payment of a completed
- Optica retains personal rights to use completed projects and concept artwork for the purpose
of marketing Optica.
- Optica is not responsible for increases in material prices by third party services (e.g. printers,
manufactures, suppliers) where the increases are beyond our control.
- The 2 year limited warranty covers manufacturing faults only.
- Optica reserves the right to change pricing without notice.
- A freight charge will be applied to all orders, unless otherwise specified.
- Minimum order value $200+GST (assorted products)
CANCELLATIONS AND INCOMPLETE PROJECTS
- Payment of $120.00 + GST is required for any artwork, that has been terminated on the
Customer’s request at any stage of development, prior to completion.
- In the event of a project cancellation, Optica retains ownership of all copyright and original
artwork. Any concepts, designs or ideas not chosen by the Client remain the property of Optica
and may be offered to other Clients.
PREMIER CASE ORDERS
- A minimum order quantity of 1000 cases applies.
- Optica is not responsible for shortages in material supplies which can delay an order.
- For New Zealand and Australia premier case orders a 30% non-refundable deposit is required
upon order confirmation with the final balance payable 30 days from invoice.