Terms and Conditions of Trade

These Terms and Conditions of Trade govern all transactions between OCVO VISIONS PTY LTD (ABN 37 651 497 166 ) and its clients. By placing an order or engaging our services, you agree to these terms.

1. Definitions

  • Company: Refers to OCVO VISIONS PTY LTD, including any representatives or affiliates.
  • Client: Refers to the person or entity purchasing goods or services from the Company.
  • Goods: Refers to any items provided by the Company to the Client.
  • Services: Refers to any work provided by the Company to the Client.

2. Acceptance of Terms

  1. These Terms and Conditions apply to all goods and services supplied by OCVO VISIONS PTY LTD unless otherwise agreed in writing.
  2. Any amendments to these terms must be agreed upon in writing by both parties.

3. Orders

  1. All orders are subject to acceptance by OCVO VISIONS PTY LTD.
  2. The Company reserves the right to decline or cancel any order at its sole discretion.

4. Pricing

  1. Prices are quoted in AUD and are exclusive of GST unless otherwise stated.
  2. The Company reserves the right to change prices without notice, except for orders already confirmed.
  3. Additional charges may apply for delivery, special handling, or installation, and will be disclosed at the time of sale.

5. Payment Terms

  1. Payment is due within 7 days of the invoice date unless otherwise agreed in writing.
  2. Late payments will incur interest at a rate of 5% per month, compounded monthly, on the outstanding balance.
  3. The Client is responsible for any legal or collection fees incurred in recovering overdue payments.

6. Delivery and Risk

  1. Delivery dates are estimates only. OCVO VISIONS PTY LTD is not liable for any delays in delivery.
  2. Risk in the goods passes to the Client upon delivery.
  3. Title to the goods remains with OCVO VISIONS PTY LTD until full payment is received.

7. Warranties and Liability

  1. OCVO VISIONS PTY LTD warrants that the goods provided are free from defects at the time of delivery.
  2. Any claims for defects must be made within 7 days of delivery.
  3. To the extent permitted by law, the Company’s liability is limited to the replacement, repair, or refund of defective goods, at the Company’s discretion.
  4. OCVO VISIONS PTY LTD is not liable for any indirect, special, or consequential damages arising from its goods or services.

8. Returns and Refunds

  1. Goods may be returned only with prior written consent from OCVO VISIONS PTY LTD.
  2. A restocking fee may apply, and goods must be returned in original condition and packaging.
  3. Refunds will be processed in accordance with Australian Consumer Law.

9. Intellectual Property

  1. All intellectual property rights in the goods and services provided by OCVO VISIONS PTY LTD remain the property of the Company.
  2. The Client may not reproduce, copy, or distribute any of the Company’s intellectual property without written consent.

10. Confidentiality

  1. Both parties agree to keep confidential any proprietary information disclosed in connection with the trade, except as required by law.

11. Force Majeure

  1. OCVO VISIONS PTY LTD is not liable for any delays or failures in performance due to circumstances beyond its reasonable control, including but not limited to natural disasters, government actions, or labor disputes.

12. Governing Law

  1. These Terms and Conditions are governed by the laws of Victoria, Australia, and both parties submit to the jurisdiction of its courts.

13. Amendments to Terms

  1. OCVO VISIONS PTY LTD reserves the right to amend these Terms and Conditions at any time. Any changes will be effective immediately upon posting on the Company's website or notifying the Client in writing.
  2. Continued engagement in trade after notification of changes constitutes acceptance of the updated terms.

14. Default by the Client

  1. If the Client fails to comply with any of these Terms and Conditions or becomes insolvent, bankrupt, or undergoes any analogous event, OCVO VISIONS PTY LTD may:
    • Suspend or terminate any outstanding orders or agreements;
    • Recover any unpaid goods from the Client’s possession;
    • Recover costs incurred in the enforcement of these terms, including legal fees.

15. Limitation of Liability

  1. To the fullest extent permitted by law, OCVO VISIONS PTY LTD is not liable for any indirect, incidental, or consequential damages arising from its goods or services.
  2. OCVO VISIONS PTY LTD’s total liability for any claim is limited to the purchase price of the goods or services supplied.

16. Retention of Title

  1. Title to the goods does not pass to the Client until OCVO VISIONS PTY LTD receives full payment.
  2. Until payment is made, the Client holds the goods as bailee for OCVO VISIONS PTY LTD and must keep the goods identifiable and separate from other goods.
  3. If payment is not received by the due date, OCVO VISIONS PTY LTD reserves the right to enter the Client’s premises to recover its goods.

17. Personal Property Securities Act (PPSA)

  1. The Client agrees that these terms constitute a security interest in favor of OCVO VISIONS PTY LTD under the Personal Property Securities Act 2009 (Cth) (PPSA).
  2. The Client agrees to do all things necessary, including signing any further documents, to enable OCVO VISIONS PTY LTD to perfect its security interest and comply with PPSA requirements.
  3. The Client waives their rights to receive any notices or statements under sections 95, 118, 121, 130, 132, 135, and 157 of the PPSA.

18. Dispute Resolution

  1. Any disputes arising out of or in connection with these Terms and Conditions shall be resolved, in good faith, through negotiations between the parties.
  2. If negotiations do not resolve the dispute within 30 days, the parties agree to engage in mediation before proceeding to litigation.
  3. Any litigation shall be conducted in the courts of Victoria, Australia, unless otherwise agreed in writing.

19. Severability

  1. If any provision of these Terms and Conditions is found to be unenforceable, illegal, or invalid, that provision shall be severed to the extent necessary. The remaining provisions shall remain enforceable to the fullest extent permitted by law.

20. Entire Agreement

  1. These Terms and Conditions represent the entire agreement between OCVO VISIONS PTY LTD and the Client with respect to the sale of goods and provision of services.
  2. No prior or subsequent negotiations, statements, or agreements, unless in writing and signed by both parties, shall modify or supersede these terms.