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OMP - Trade Terms and Conditions of Sale (Effective 1/04/2009) General
All orders placed with O’Reilly Model Products ABN 19 007 840 208 are accepted subject to these Terms and Conditions of Sale. Any person, entity or corporation (Dealer) placing orders for goods/products or services with O’Reilly Model Products (Distributor) are bound by these Terms and Conditions. No other terms or conditions will apply to the supply of goods/products or services by O’Reilly Model Products unless they are accepted in writing by O’Reilly Model Products.
Prices
All prices listed/printed by O’Reilly Model Products are current at the time of listing/printing. O’Reilly Model Products will endeavour to maintain prices as specified, but reserves the right to change the price of any good/product or service without notice. Any prices quoted by O’Reilly Model Products in writing will be valid for 7 days from the date of offer. All prices specified by O’Reilly Model Products exclude GST and the Dealer must pay all applicable GST in addition to the specified price. Goods exported by O’Reilly Model Products are exempt from GST.
Pricing Errors
If an error is made and a product is listed at an incorrect price, O'Reilly Model Products shall maintain the right to refuse or cancel any orders placed at the incorrect price. If the order has been confirmed and charged to you, O'Reilly Model Products shall immediately issue a credit in the amount of the incorrect price.
Retention of Title
Title of goods shall only pass to the Dealer following full payment of the relevant O’Reilly Model Products invoice. O’Reilly Model Products reserves the right to collect the goods from the Dealer’s premises if the invoice is not paid within the terms of this contract and the Dealer hereby gives consent for the authorized agent of O’Reilly Model Products to enter the Dealer’s premises for this purpose. The Dealer shall not have any power to mortgage, charge or in any way encumber the goods/products or services whilst in its possession or otherwise until full payment has been made.
Orders
O’Reilly Model Products reserves the right to decline to trade with any person, entity or corporation. O’Reilly Model Products will use every reasonable endeavour to meet delivery estimates, but in no circumstances will it be liable to compensate the Dealer for late or non-delivery.
Minimum Order Value
Orders under $100 may attract a surcharge, and orders under $20 will not be accepted under any circumstances. Back Order
Products not in stock at the time of the receipt of the order by O’Reilly Model Products will automatically be placed on back order unless otherwise requested.
Delivery
All goods are invoiced on an ex-works basis and freight is charged at cost. O’Reilly Model Products has negotiated competitive freight rates with major carriers and O’Reilly Model Products will use these preferred carriers unless specifically requested by the Dealer to use alternate carriers. Freight will be sent Freight Collect with these alternate carriers and the insurance responsibility for the goods passes to the Dealer at the time the goods/products or services are transferred to the carrier of their choice.
Missing or Damaged Shipments
Please be sure to reconcile the number of boxes shipped with the number of boxes received. On occasion carriers may deliver boxes separately. Please note that ground and air shipments are often assigned to separate trucks and may arrive at different times of the day.
Please do not accept boxes with exterior damage. If the box has been delivered without your signature, contact the carrier before opening the package. The carrier will need to inspect the box and verify any damage before refund or replacement can occur.
Returning Items
We want you to be completely happy with our products. So we do everything we can to assure you get the exact merchandise you order, delivered on time. If for any reason you are not satisfied with your order, we will be happy to accept returns within 14 days under the following guidelines:
Returned Goods
Service Centre Repair Request Form.pdf
(must be completed for Service/Warranty to be completed) (Downloadable from www.omp.com.au > Service and Warranty)
Returns Policy
Returned merchandise must be in unused condition and in its original packaging. The mounting of engines and accessories, running fuel through engines, cutting or pushing out the balsa sheets in kits, and other similar actions constitutes used merchandise. Radios must be returned with unmounted servos and switch harness. When packing your order for return, please be sure all the original packing material and instruction papers and/or manuals are included. We will be unable to process your return if parts are missing, or if items are not packed properly to avoid damage to products and their boxes and/or packages. ARF kits are specially packaged to insure safe shipping of all contents. In order to receive credit for a returned ARF, the contents must be returned in the original plastic covers and arranged in a manner that will not damage the contents or packaging.
Freight charges will not be refunded. The DEALER is responsible for insured shipping back to O'Reilly Model Products. Returns sent COD will not be accepted. Returns sent without Service Centre Repair Request Form (above – ‘Returned Goods’) will not be accepted.
Damaged Merchandise
If a package has been damaged in shipping and it is apparent when the package arrives at your door, please REFUSE the delivery. If you have already accepted a package, and then discover that it has been damaged, call us immediately. We'll take it from there. Be sure to save all paperwork and packing material with the damaged goods. The carrier may wish to inspect it before processing the claim. Please do not return damaged-in-shipment merchandise yourself. It could jeopardize your claim and keep you from receiving credit for the return.
It is your responsibility as a dealer to inspect the internal packaging for damage on stock purchased from O’Reilly Model Products. Claims for damaged product are not valid past 14 days, nor are they valid after point-of-sale to your customer. It is the dealer’s responsibility to ensure the product is in suitable saleable condition, with all components intact before selling to the customer.
Defective Merchandise
If you receive defective merchandise, please call us for return instructions. In most cases, we will accept returns and make adjustments. Defects found after the product is in use usually fall under our end user warranty relationship. An O'Reilly Model Products representative will be happy to help you determine which procedure is appropriate for you.
Lost Boxes
If you feel a box has been lost in transit, please call with the order or invoice number and a list of the missing items. A tracer will be initiated at that time. A claim number will be issued if the carrier does not show delivery within 10 days of the scheduled delivery date. A Credit will be issued for the missing merchandise when we obtain the claim number from the carrier.
Missing Parts
Should you receive merchandise that is missing a part, please contact us. We will ensure that you are sent the part from our stock as appropriate.
General Errors
O'Reilly Model Products makes every effort to ensure the accuracy of the information published in our catalogues and on our Web site(s). However, the documents and graphics published may contain technical inaccuracies or typographical errors. O'Reilly Model Products makes no representations about the suitability of the information and graphics presented. All such documents and graphics are provided "as is" without warranty of any kind.
Warranty and Service
If it is necessary for the product to be returned for our Warranty or Service assessment please include the completed Service Centre Repair Request Form accompanying the goods in question as well as the original invoice number.
Service Centre Repair Request Form.pdf
(must be completed for Service/Warranty to be completed) (Downloadable from www.omp.com.au > Service and Warranty) Please note that if this is not completed then the assessment process will be further delayed or not completed.
Product End User Warranty Relationship (OUR DEALERS)
O'Reilly Model Products trusts your expertise and judgment as a dealer of our products. If a warranty claim should arise with your customer, please assess and discuss the issues/problems with your customer in-store. Our relationship exists as O'Reilly Model Products the distributor and you as the dealer of our product. We do not deal directly with public inquiries, claims or warranty problems, but endeavour to give you the best possible chance to satisfy your customer and further extend that already existing customer relationship.
Note: The sequence for Product End User Warranty should occur as follows: CUSTOMER > DEALER (YOU) > O'REILLY MODEL PRODUCTS Given the complex and high quality nature of our products, O’Reilly Model Products expects that the Dealer will provide suitable product support before, during and after the sale of our products. The sale of our products on some internet based facilities may not meet these standards and may be grounds for the closure of your account.
Liability / Responsibility
We'll go all out to help you choose the right combination of products for your customer’s needs. And we'll bend over backwards to make sure you're satisfied. But there's a limit to everything. And here's ours:
We cannot accept responsibility for injury and/or crash damage or loss of kits, engines and accessories, parts and materials that occurs during the use of any radio-controlled model. The user shall determine the suitability of the product for his or her intended use and shall assume all risk and liability in connection therewith. If you substitute or replace normal kit hardware and/or radio components with after-market accessories, O'Reilly Model Products cannot be held responsible for problems or equipment failure caused by incompatibility or modifications. This includes all other products sold by O'Reilly Model Products.
 Grey/Parallel Importing O'Reilly Model Products are the sole authorised distributors for JR, Spektrum, E-flite, Blade, Parkzone, Losi, Hangar 9, Electrix RC, Force RC, Sebart, Schultz, Doohan, Dualsky, EG Aircraft, Graupner, Hobbyzone, MS Heli, and Proboat.
Parallel and Grey Imports are described as product imported directly into a country by a company or persons other than the manufacturer's authorised distributor in that country.Â
For an example of the risks associated with Parallel or Grey Imported products please see the following article - http://www.theage.com.au/articles/2008/07/28/1217097135143.html Please note that OMP does not provide any warranty or guarantee for parallel/grey imports.  We will not honour any warranty or guarantee supplied by parallel importers.  Products sourced from America and Japan requiring battery chargers, etc, will not meet Australian electrical standards. Plugs will require an adaptor. Adaptors supplied by parallel /grey importers are often not electrically approved.
In many instances products supplied for Australia have special modifications for the Australian market. Some Transmitters for example have a different operating system to the unit supplied in the USA/Japan. If you purchase parallel grey imported product you risk purchasing product that may not easily work under Australian conditions.
O'Reilly Model Products operates in a global market place. The lines we represent in Australia are globally competitive in price. The savings by purchasing from parallel/grey importers are small. The risks are great. |
