Use of Ozzie Garden Sheds website is covered by the terms and conditions set out below and linked to these related policies.
STANDARD CONDITIONS OF SALE
1. Terms of Payment
The terms of payment are Net Cash Only, unless otherwise agreed to by the company in writing.
All risk for loss or damage after delivery is to the account of the Purchaser.
Ozzie Garden Sheds Returns Policy
Ozzie Garden Sheds Pricing Policy
Ozzie Garden Sheds Delivery & Shipping Policy
Ozzie Garden Sheds Errors & Omissions
The Company may modify the design of its goods without notice.
Liability in the event of sale to non-consumers
In the case of goods or services which are supplied by the Company to a person or corporation who or which is not a
consumer within the meaning of the Trade Practices Act (Commonwealth) (a “Consumer”):
a) the Purchaser agrees that in purchasing the goods or requiring the services it has not relied on any inducement,
representation or statement made by or on behalf of the Company and that there are no implied conditions or
warranties herein and no collateral contracts in connection herewith (except such as may be in writing and signed
by a duly authorised representative of the Company);
b) no claim for shortage of or damage to goods will be entertained by the Company unless a claim in writing is
received within 14 days after delivery. The goods in respect of which any such claim is made shall be preserved
intact as delivered for a period of 14 days after such notice is given within which time the Company shall have the
right to attend and inspect the goods. Any breach of this Condition shall disentitle the Purchaser to any allowance
for a claim. The Company shall not be liable to make good any expenditure, damage and/or loss arising out of
any use or dealing with any goods delivered pursuant to this contract, however such expenditure, damages or
loss shall arise and whether from any defect in the goods or otherwise, the Company’s liability being strictly
limited to replacement of any defective goods on such defective goods being returned to the Company;
c) the Company shall not be liable for any special, consequential, direct or indirect loss, damage, harm or injury
suffered or incurred by the Purchaser. Goods delivered to the Company remain at Purchaser’s risk; and
d) in the event that the Purchaser duly calls upon the Company to indemnify the Purchaser pursuant to a right
accruing to the Purchaser under the Trade Practices Act in respect of any liability of the Purchaser to a Consumer
as a result of a breach of a condition or warranty implied by the Trade Practices Act in a contract for the supply of
goods by the Purchaser to that Consumer;
i) in respect of goods that are of a kind ordinarily acquired for personal, domestic or household use or
consumption, the foregoing provisions will not apply and the liability of the Company to the Purchaser is
limited to indemnifying the Purchaser in accordance with the Trade Practices Act, and
ii) in respect of goods other than goods of a kind ordinarily acquired for personal, domestic or household
use or consumption, the foregoing provisions will not apply and the liability of the Company to the
Purchaser is, subject to the Trade Practices Act, limited to a liability to pay the Purchaser an amount
equal to the cost of replacing the goods, or the cost of having the goods repaired, whichever is the
Liability in the event of sale to consumers
In the case of goods or services which are supplied by the Company to a person or corporation who or which is a
a) Except for any other conditions or warranties issued in writing by the Company and except for those conditions
and warranties implied by the Trade Practices Act or other sale of goods or consumer protection legislation which
may not be excluded, the Purchaser agrees that it has not relied on any inducement, representation or statement
made by or on behalf of the Company in purchasing the goods or requiring the services and that there are no
implied conditions or warranties herein or collateral contracts in connection herewith (except such as may be in
writing and signed by a duly authorised representative of the Company);
b) To the extent that the goods or services, the subject of these provisions are goods or services of a kind not
ordinarily acquired for personal, domestic or household use or consumption (within the meaning of the Trade
Practices Act) the liability of the Company to a Purchaser who is a Consumer for breach of any warranty or
condition (other than a warranty or condition implied by Section 69 of the Trade Practices Act) or for breach of any
duty of care shall in all cases be limited, at the option of the Company, in the case of goods, to any one or more of
the replacement of the goods or the supply of equivalent goods, the repair of goods, the payment of the cost of
replacing the goods or acquiring equivalent goods or the payment of the cost of having goods repaired, and, in
the case of services, the supplying of the services again or the payment of the cost of having the services
supplied again, and (without limiting the generality of the foregoing) shall not include any liability in respect of or
arising out of or in connection with any special, consequential, direct or indirect loss, damage, harm or injury
suffered or incurred as a result of breach; and
c) Goods delivered to the Company remain at the Purchaser’s risk.
Alterations to orders will not be accepted once production of the goods has commenced.
Alteration of Contract
Unless expressly acknowledged by the Company in writing, any variations to this contract are not accepted and will be
treated as inapplicable.
The Company will, upon request, and at the cost of the Purchaser, assign to the Purchaser such guarantees or
warranties from equipment suppliers and sub contractors as it receives and are capable of assignment.
This contract shall be governed by the laws of the State of New South Wales and the parties submit to the jurisdiction of
a) Title to and property in the goods shall not pass to the Purchaser until the Purchaser has paid the Company the
total purchase price of the goods under this contract and all monies outstanding under any other sale of goods
contract with the Company.
b) Until payment of the total purchase price (or all monies outstanding), the Purchaser shall store the goods as
bailee is such a way that clearly identifies the goods as being the property of the Company.
c) Until payment of the total purchase price (or all monies outstanding), the Purchaser is to insure the goods with all
proper care. Any insurance claims in respect of damage to or destruction of the goods are hereby assigned to the
Company. The Purchaser hereby indemnifies the Company against any loss or damage to the goods however
d) The Purchaser is entitled to resell the goods in the usual course of its business but, in such case the Company is
to be entitled to receive from the proceeds of such sub-sale payment of the total purchase price (or all monies
outstanding), which proceeds to the extent of the amount of the total purchase price outstanding (or all monies
outstanding) shall be kept in a separate account and held by the Purchaser in trust for the Company.
e) The Purchaser shall, on request, disclose to the Company all relevant information regarding the goods and any
sub-sale by the Purchaser.
f) The Purchaser shall inform the Company immediately of any levy of execution to attempt the levy execution by
any third party against the goods the title to which is reserved to the Company pursuant to this contract or any
other sale of goods contract with the Company.
g) If the Purchaser fails to pay the Company the total purchase price on the due date for payment or any of the
events referred to in Clause 13 occur, then without prejudice to any other remedy, the Company shall be entitled
to retake possession of the goods or any part of the goods without notice or demand and for the purpose the
Purchaser authorises the Company by its servants or agents to enter any premises owned, leased or otherwise
occupied by the Purchaser for the purpose of taking possession of the goods and authorises the Company by its
servants or agents to use all reasonable force to obtain such possession. In the event that the goods are not
situated on premises owned, leased or otherwise occupied by the Purchaser, the Purchaser shall arrange that the
Company be entitled to collect the goods wherever they are situated.
The Company is not obliged to deliver the goods or any part of the goods if:-
a) The Purchaser is in default of any of its obligations under this contract or any other sale of goods contract with the
b) The Purchaser (or if the Purchaser is a partnership, a partner in the Purchaser) being a natural person, commits
an act of bankruptcy and/or becomes insolvent, bankrupt or calls a meeting of its creditors;
c) The Purchaser, being a company goes into receivership or liquidation or is wound up or dissolved or enters into
any scheme or arrangement with its creditors or any class thereof or is placed under official management or a
receiver or manager or a receiver and manager of its assets is appointed or an inspector or investigator is
appointed pursuant to the Corporations Law or is deregistered; or
d) The Company has reasonable grounds for suspecting that the Purchaser may be in default of this contract or any
other sale of goods contract with the Company, or shall become insolvent, bankrupt or call a meeting of creditors,
or go into receivership, official management or liquidation (except for the purpose of voluntary re-organisation).
a) The Company shall appropriate payments by the Purchaser for goods under this contract or any other sale of
goods contract with the Company as it thinks fit, notwithstanding any purported appropriation by the Purchaser to
b) Payments made by cheque shall not be considered to have been made until the cheque is honoured.
Any provision of this contract which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be
ineffective to the extent of such prohibition or unenforceability but that shall not invalidate the remaining provisions of this
contract or affect the validity or enforceability of such provision in any other jurisdiction.
“Company” means Ozzie Garden Sheds Pty Limited A.C.N.145 011 150 and/or any of its related corporations as defined in Section 9
of the Corporations Law.
This agreement contains the entire agreement of the parties with respect to its subject matter. Except as set out in this
agreement, there are no representations or warranties that have been relied upon by the Purchaser in entering into this