Terms and Conditions
Your access to and use of the omp.com.au website (the Website) and the purchase of any product offered on the Website are subject to the following terms and conditions (Terms and Conditions). L.O’Reilly Pty Ltd ABN 19 007 840 208 trading as O’Reilly Model Products (OMP) (Us or We) recommend you read these Terms and Conditions prior to making a purchase and we reserve the right to update the Terms and Conditions on the Website at any time.
Your use of the Website and/or the placement of an order through the Website will be taken to constitute your acceptance of, and agreement to be bound by, the Terms and Conditions in force at the relevant date.
Part 1 Pricing
2. We reserve the right to change the pricing on a product at any time (in which case the Website will be promptly and clearly updated with new pricing information). You will be charged the price displayed on the Website at the time that you place your order, subject to the product being available at that time (refer to Part 3 below).
Part 2 Product Information
Part 3 Product Availability and Backorders
5. If you wish to order an out of stock product, we will put it on backorder. In this case, we will use our best endeavours to procure the product from suppliers and have it available to you within 30 days from the date that you placed the order. For you the Approved Dealer, this guarantees the price for the product on back-order.
6. If your order includes a Backorder Product, we will ship all available products to you immediately (unless your Backorder Products are expected to be available within 3 business days in which case we will hold your entire order and ship it when all items are available). Otherwise, your Backorder Products will be sent to you free of charge as soon as they are available.
7. You can track all your back-ordered stock online via the “My Account” function under the Dealer login part of the Website, and we will also send out a monthly backorder report to notify you of status. Please regularly check and update your backorders (for example if you no longer require items from the backorder list, you may cancel them in which case you will be provided with a refund for the purchase price paid).
8. In the rare circumstance that an error is made as to product availability (ie a product is purchased via the Website when it is actually unavailable and cannot be put on backorder), you will be informed of the unavailability and you will be entitled to cancel your order. We accept no liability for any claims or damages whatsoever in the event of the unavailability of products displayed on the Website.
Part 4 Delivery
Part 5 Warranty on Products
11. In addition to any legal rights and remedies that may be available to you at law, our products are sold with a warranty against manufacturing faults and defects (Manufacturing Warranty) on the terms and conditions set out in paragraph 15 and for the period of time stated in the warranty information sent to you with the product.12. You or the end-user to whom the product is sold by you (End-User) may make a claim under the Manufacturing Warranty through this Website or by telephone or post (details under the “Contact Us” hyperlink).
13. The Manufacturing Warranty is subject to the following terms:-
- you or the End-User must notify us of your claim within the term of the Manufacturing Warranty.
- you or the End-User must return the product to us at your cost. If it is not practicable to return the product due to size, please contact us and we will arrange for an alternative means of assessment.
- you or the End-User must provide us with proof of purchase, being your receipt or Website confirmation of purchase email. Please note bank and credit card statements cannot be accepted as proof of purchase unless the purchase of the relevant product is clearly identifiable in the statement.
- we will process the claim as quickly as possible and if accepted, subject to paragraph (f), will attempt to (at our election) repair or replace the product within 7 days of its being returned provided you have supplied your proof of purchase and the parts for repair (or replacement) of the product are available. This time frame may be affected by things outside of our control, including part availability or manufacturer/distributor delay. The product/replacement product will be delivered to free of charge.
- the Manufacturing Warranty does not cover:-
- misuse or use of the product for a purpose for which it was not intended.
- commercial or industrial use when the product is not designed for commercial or industrial use;
- consumables such as tyres, belts, filters;
- blockages of filters, carburettors and rotating parts like tail rotors(or damage to the product as a result of such blockages);
- damage to the product caused by misuse of the product or any part of it; or
- damage to the product otherwise caused by the user including without limitation damage caused by the use of unauthorized parts in the product.
- in some cases, depending on the nature of the product or the fault, the product may be referred to the manufacturer or distributor to determine whether the fault is covered by the Manufacturing Warranty and if so, whether the product will be repaired or replaced (depending on the nature and severity of the fault). This may impact upon the length of time taken to process the claim.
- we will notify you or the End-User if a warranty claim is not accepted and in that case you or the End-User as relevant may be given the option to have the product repaired, serviced or replaced at your election and you will be responsible for any and all associated costs.
14. If products are damaged in transit or not in working order on arrival then you must notify us within 10 days of delivery of the product. Please refer to our “Delivery Policy” which sets out detailed instructions as to what you should do in this circumstance. Unless we determine that the damage has arisen in circumstances described under paragraph 15(e), you may be entitled to a refund or to have the product replaced or repaired.
15.Before a product with which an End-User is experiencing difficulty is returned, we encourage that you one or more of the following (or suggest that the End-User do one or more of the following):-
- double check the manual;
- contact our customer service team to troubleshoot the product over the phone;
- consumables such as tyres, belts, filters;
- visit the ‘FAQ’ section of the Website or the specific information page on the product for more information.
16. If any goods being returned are capable of retaining user generated data such as files stored on a transmitter or electronic programming memory, the repair or replacement of the goods may result in loss of such data. You must request that End-Users back up data to prevent data loss and remove associated data from the device. We will not be held liable for any such data loss.
17. Notwithstanding any other provision of these Terms and Conditions, where any law implies any term, condition or warranty which cannot be excluded, restricted or modified at all or only to a limited extent, such term, condition or warranty will apply except to the extent it can be excluded or limited.
18. Our liability for any breach of such term, condition or warranty shall be limited, to the extent it can be limited, to any one of the following (at our election):--
- the replacement of the product with an equivalent product;
- the repair of the product;
- the cost of repairing the product; or
- the cost of replacing the product with an equivalent product.
Part 6 Refunds and Exchanges
20. Nevertheless we do aim for 100% customer satisfaction and so we may consider, upon request, allowing an exchange of the product or a return for a credit note to the value of the product returned (however this will not be considered if the product is not returned in saleable condition together with your proof of purchase).
21. Where a refund or exchange is requested, you may return the goods for assessment by post (refer under ‘Contact us’ hyperlink).
22. Where a refund is applicable, it will be made via the same method of payment you used to make your purchase.
Part 7 Use of the Website
24. You agree that when using this website you will not:-
- engage in any activity that interferes with or disrupts the Website or the servers and networks that host this Website.
- attempt to, circumvent, disable or otherwise interfere with security-related features of this Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of this website or the content.
- you understand that and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. We may stop (temporarily or permanently) providing access to the Website to you or anyone else at our discretion and without prior notice.
25. The Website may contain links to third party websites not under our operation or control. Such links are provided as a convenience only and cannot, and should not be interpreted as, an express or implied endorsement of such third part websites or any products or services offered on those sites. You may only provide a link to this Website if expressly authorised in writing by us.
Part 8 Intellectual Property
27. You must not reproduce, by any means or process (except as expressly provided herein), totally or in part, distribute, publish, transmit, create derivative works based on, modify, or sell any material contained on the Website.
28. All marks and logos of OMP (including all copyright throughout the world), whether or not registered, displayed on the Website, as well as the domain name www.omp.com.au are and will remain our exclusive property. Any reproduction, distribution, transmission, modification or use of these marks for any purpose without our prior, written consent is strictly prohibited.
29. You may not remove any copyright, trademark or other content contained on the Website. You may make a single copy of web pages published on the Website for your own private, personal and non-commercial use, provided that any such copy of web pages shall retain all copyright and other proprietary notices contained therein.
30. Nothing contained on this Website is to be interpreted as a recommendation to use any information in a manner which infringes the intellectual property rights of any person. We make no representations or warranties that your use of the information on the Website will not infringe such intellectual property rights.
31. If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the contact of your communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on this Website and developing your ideas and suggestions for improved products.