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 Parramatta NSW 2150.
“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;
- the Customer does anything which would make it liable to be liquidated; or
- a resolution is passed or proceedings commended for the Customer to be liquidated; or
- a receiver or statutory or official manager is appointed over all or any of Customer’s assets; or
- 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 endeavours 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 damaged).
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 authorized 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 charges.
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.
If a product delivered is found to be defective or incorrect, the Customer must notify Optica within five working days. No credit or refund will be issued before the return of the product found to be defective, and without prior notification to Optica and authorization.
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 then encrypted.
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.
TRADE MARKS, PATENT AND COPYRIGHT
If Optica utilizes 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 non-exclusive 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 cutomer 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 is required.
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 artwork creation.
- 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 project.
- 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, manufacturers, 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.