Oringi > Terms & Conditions

Oringi Terms & Conditions

THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL PURCHASES OF GOODS AND SERVICES FROM ORINGI LIMITED (“WE” OR “US”).


Goods

The Goods (including any incidental supply of services) shall be as described on any invoices, quotation, work authorisation, or any other forms which are provided by the Seller to the Buyer.


Price and Secure Payment

  • The Price shall be as indicated on invoices provided by the Seller to the Buyer in respect of the Goods supplied.
  • Time for payment for the Goods shall be of the essence and will be stated on the invoice, quotation, or any other order forms. If no time is stated then payment will be due seven (7) days following the date of the invoice.
  • The Price shall be increased by the amount of any GST and other taxes and duties which may be applicable, except to the extent that such taxes are expressly included in any quotation given by the Seller.
  • Online shopping features within this site such as the shopping cart, login forms and your account page are protected by our own 128 bit SSL certificate, issued by GoDaddy, and
  • Payments via our online shop are handled by a DPS Hosted Payments Page. DPS hosts and manages the payment page, which is secured by its own 128 bit SSL certificate - this ensures that transactions are safe from hackers. This also ensures that we are compliant with scheme regulations (PCIDSS compliant solution) and you can be safe in the knowledge that your card details are being securely handled for the payment of your purchase.


Default & Consequences of Default

  • Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Seller’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
  • If the Buyer owes the Seller any money the Buyer shall indemnify the Seller from and against all costs and disbursements incurred by the Seller in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Seller’s collection agency costs, and bank dishonour fees).


Title

It is the intention of the Seller and agreed by the Buyer that:
  • the ownership of Goods shall not pass until the Buyer has paid the Seller all amounts owing to the Seller; and
  • the Buyer has met all of its other obligations to the Seller; and
  • the Buyer must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Buyer sells, disposes or parts with possession of the Goods then the Buyer must hold the proceeds of any such act on trust for the Seller and must pay or deliver the proceeds to the Seller on demand.


Personal Property Securities Act 2009 (“PPSA”)

    1. In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
    2. Upon assenting to these terms and conditions in writing the Buyer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods that have previously been supplied and that will be supplied in the future by the Seller to the Buyer.
    3. The Buyer undertakes to:
      1. promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Seller may reasonably require to
        1. register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
        2. register any other document required to be registered by the PPSA; or
        3. correct a defect in a statement referred to in clause 5.3(a)(i) or 5.3(a)(ii);
      2. indemnify, and upon demand reimburse, the Seller for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby;
      3. not register a financing change statement in respect of a security interest without the prior written consent of the Seller;
      4. not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third party without the prior written consent of the Seller;
      5. immediately advise the Seller of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.
    4. The Seller and the Buyer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
    5. The Buyer waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
    6. The Buyer waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
    7. Unless otherwise agreed to in writing by the Seller, the Buyer waives their right to receive a verification statement in accordance with section 157 of the PPSA.
    8. The Buyer must unconditionally ratify any actions taken by the Seller under clauses 5.3 to 5.5.
    9. Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions the PPSA.




Privacy Act 1988

The Buyer agrees for the Seller to obtain from a credit reporting agency a credit report containing personal credit information about the Buyer in relation to credit provided by the Seller.

The Buyer agrees that the Seller may exchange information about the Buyer with those credit providers either named as trade referees by the Buyer or named in a consumer credit report issued by a credit reporting agency for the following purposes:
  1. to assess an application by Buyer; and/or
  2. to notify other credit providers of a default by the Buyer; and/or
  3. to exchange information with other credit providers as to the status of this credit account, where the Buyer is in default with other credit providers; and/or
  4. to assess the creditworthiness of Buyer.

The Buyer understands that the information exchanged can include anything about the Buyer’s creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.

The Buyer consents to the Seller being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).

The Buyer agrees that personal credit information provided may be used and retained by the Seller for the following purposes and for other purposes as shall be agreed between the Buyer and Seller or required by law from time to time:

  1. provision of Goods; and/or
  2. marketing of Goods by the Seller, its agents or distributors in relation to the Goods; and/or
  3. analysing, verifying and/or checking the Buyer’s credit, payment and/or status in relation to the provision of Goods; and/or
  4. processing of any payment instructions, direct debit facilities and/or credit facilities requested by Buyer; and/or
  5. enabling the daily operation of Buyer’s account and/or the collection of amounts outstanding in the Buyer’s account in relation to the Goods.

The Seller may give information about the Buyer to a credit reporting agency for the following purposes:

  1. to obtain a consumer credit report about the Buyer;
  2. allow the credit reporting agency to create or maintain a credit information file containing information about the Buyer.

The information given to the credit reporting agency may include:

  1. personal particulars (the Buyer’s name, sex, address, previous  addresses, date of birth, name of employer and driver’s licence number;
  2. details concerning the Buyer’s application for credit or commercial credit and the amount requested;
  3. advice that the Seller is a current credit provider to the Buyer;
  4. advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started;
  5. that the Buyer’s overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed;
  6. information that, in the opinion of the Seller, the Buyer has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the Buyers credit obligations);
  7. advice that cheques drawn by the Buyer have been dishonoured more than once;
  8. that credit provided to the Buyer by the Seller has been paid or otherwise discharged.


Terms and Acceptance of Orders

  • We will supply goods and services to you on these terms only unless we agree otherwise in writing.
  • We may however amend these terms from time to time.
  • We are under no obligation to accept all or any of your orders.
  • Your orders must be on our standard order forms or purchased via this website.
  • We may cancel any of your orders at any time without incurring any liability to you even if we have previously accepted your order.
  • We do not supply our goods on an “approval” basis.
  • The name that will appear on your bank statement will be Oringi.


Waiver

  • If we delay or do not exercise any of our rights or remedies that will not be a waiver of the right or remedy.
  • Any waiver or consent we give you must be in writing and will be effective only in the specific instance and for the specific purpose for which it is given.


Warranties

  • We warrant that the goods supplied are free from defects.
  • All other guarantees, warranties and representations in relation to the goods or their supply are excluded except to the extent that we cannot lawfully exclude them.
  • Goods advertised by reference to pictures might not be identical to the pictures when sold.
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