About these terms
These terms apply whenever OZI HYGIENE & PACKAGING PTY LTD (ABN 80 639 900 520), trading as OZI Hygiene & Packaging (“we”, “us”), supplies goods to a business (“you”), whether you order through the customer portal, by phone, by email or through our sales team.
Our agreement with you is made up of these terms, any written quote or pricing we have agreed with you, and the details of your account. If they conflict, the written quote or account agreement applies to the extent of the conflict. Terms printed on your own purchase orders do not apply unless we agree to them in writing.
The headings and summaries on this page are there to help you find things. The wording of each clause is what counts.
Accounts and the customer portal
- The information you give us when opening an account must be accurate, and you must tell us promptly if it changes, including a change of ownership, trading name or billing contact.
- You are responsible for orders placed by the people you authorise to use your account, including through the customer portal.
- Keep portal passwords private. If you think someone has used your account without permission, tell us straight away and we will help you secure it.
- We may suspend portal access if we reasonably suspect it is being misused, or while an account is overdue. We will tell you when we do, and why.
Quotes and prices
- Prices are in Australian dollars and exclude GST unless we say otherwise. GST is added to your invoice where it applies.
- A written quote is valid for the period stated on it, or 30 days if no period is stated.
- Account customers order at their agreed pricing, which is shown in the customer portal. We may change prices from time to time. A change does not affect an order we have already accepted.
- If a price is obviously wrong because of a typing or system error, we will tell you before we supply and you may cancel the affected items.
Orders
- An order is accepted when we confirm it or when we dispatch the goods, whichever happens first. We may decline an order, for example where an account is over its limit or overdue.
- We hold stock on our regular lines, but availability is not guaranteed. If something you ordered is unavailable, we will tell you. We will not substitute a different product without your agreement.
- You may cancel an order, or part of one, at no cost before it is dispatched. Branded or custom-printed goods are an exception: see branded and custom-printed goods.
Delivery
- We deliver to Sydney metropolitan addresses on our scheduled delivery days. A delivery date we give you is our genuine estimate, and we will tell you as soon as we know it will change.
- A delivery fee and a fuel levy may apply to your account. If they do, they are agreed with you in advance and shown as separate lines on your invoice.
- Please make sure someone can receive the delivery during your opening hours, or give us delivery instructions for leaving it safely. If we cannot deliver because nobody is available and no instructions were given, we may charge a reasonable fee to deliver again.
- Risk in the goods passes to you on delivery.
- Please check the delivery against the docket when it arrives. Tell us within 36 hours if anything is missing, damaged in transit or not what you ordered, so we can put it right quickly. This does not limit your rights for faulty goods, which are explained in our returns and refunds policy.
Payment and credit
- We invoice each order on or after dispatch. Invoices are emailed to the billing contact on your account and are available in the customer portal.
- Unless you have a trade credit account, payment is due before or on delivery.
- If you have a trade credit account, payment is due within 14 days of the invoice date unless we have agreed different terms with you in writing. Your credit limit and terms are set when your account is approved and may be reviewed.
- Pay using the methods shown on your invoice. Please quote the invoice number so the payment is matched to the right account.
- If an amount is overdue, we may pause further supply on credit until it is paid. We will tell you before we do.
- If we need to use a collection agency or lawyer to recover an overdue amount, you agree to pay the reasonable costs we actually incur in doing so.
- If you dispute part of an invoice, tell us promptly and pay the undisputed part by the due date while we resolve it.
Ownership of goods
Goods remain our property until they have been paid for in full. Until then you may use or sell them in the ordinary course of your business, but must not otherwise dispose of them or give anyone security over them.
This creates a security interest in the goods for the purposes of the Personal Property Securities Act 2009 (Cth). You agree that we may register it on the Personal Property Securities Register and that you will sign any document reasonably needed to do so. To the extent the law allows, you waive your right to receive a verification statement for that registration.
Branded and custom-printed goods
- Branded and custom-printed goods are made to your order. We will send you a proof, and print only once you have approved it in writing.
- Please check proofs carefully. We print what you approve and are not responsible for errors in an approved proof.
- You confirm that you own or are licensed to use the logos, artwork and text you give us, and that printing them will not infringe anyone else’s rights.
- Because they are made for you, custom goods cannot be cancelled once production has started and cannot be returned for change of mind. Your rights if they are faulty are unaffected.
- Minimum quantities, set-up costs and lead times for custom work are set out in your quote.
Returns, faults and the Australian Consumer Law
Our returns and refunds policy explains what to do if goods are faulty, delivered incorrectly, or no longer needed. It forms part of these terms.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
The Australian Consumer Law protects many business purchases as well as personal ones. Nothing in these terms excludes, restricts or modifies any right or remedy you have under it, or under any other law that cannot be excluded.
Our liability
- Where the law allows us to limit our liability for a failure to comply with a consumer guarantee, and the goods are not of a kind ordinarily acquired for personal, domestic or household use, our liability is limited, at our option, to replacing the goods, supplying equivalent goods, repairing them, or paying the cost of doing one of those things.
- Subject to the law and to the clause above, we are not liable for loss of profit, loss of revenue or other indirect or consequential loss arising from the supply of goods.
- Neither of us is liable to the other for loss to the extent it was caused by the other’s own act or omission.
- We are not liable for delay or failure to perform caused by events outside our reasonable control, such as severe weather, supplier shortages, road closures or industrial action. We will tell you promptly and do what we reasonably can to keep supplying you.
Using our products
Please use cleaning chemicals and other products as their labels direct. Safety Data Sheets for the chemical products we supply are available on request. Some products in our range, including our compostable sugarcane line, have particular temperature, storage or disposal requirements; ask us if you are unsure whether a product suits your use.
Privacy
We handle personal information about you and your staff in line with our privacy policy.
Changes to these terms
We may update these terms. We will give account customers at least 30days’ notice by email before a change takes effect. A change does not apply to an order we accepted before it took effect. If you do not agree with a change, you may close your account before it takes effect, and we will settle any amount owed either way on the existing terms.
General
- These terms are governed by the law of New South Wales, and both of us submit to the courts of New South Wales.
- Notices may be given by email to the address on your account, or to sales@ozihp.com.au for us.
- If part of these terms is unenforceable, it is read down or severed and the rest continues to apply.
- If we do not enforce a right straight away, we have not given it up.