The standard terms and conditions apply to all sale of products or provisions of services by Omni Plus Pty Ltd ABN 25 605 167 968 (“Omni Plus”) to any customer (“the Customer”).

This page (together with the documents referred to on it) informs you of the terms and conditions in which we supply any of the product (“Products”) listed on our website kulbardi.com.au (“Site”/ “Website”) to you. Please read these terms and conditions (“Terms”) carefully before ordering any Products from the Site. By ordering any of our Products, you agree to be bound by these Terms.

1. Property and Risk

Until the purchase price of the products and all other sums due by the Customer to Omni Plus upon any account whatsoever have been paid or satisfied in full:

• the products shall remain the property of Omni Plus notwithstanding the delivery of the products and the passing of risk of loss or damage to the product to the Customer;
• Omni Plus may at any time recover the products if they are in the Customer’s possession and re-sell the products if any payment owed by the Customer on any account is overdue;
• in order to recover the products, Omni Plus, its servants or agents may enter the Customer’s or other premises upon which the products are located;
• the Customer shall possess all products on a fiduciary basis only; and
• the Customer has the right to dispose of the products during its business for the account of Omni Plus and to pass good title to the products to its customer being a bona fide purchaser for value without notice of Omni Plus’s rights. If the products are on-sold prior to Omni Plus being paid in full then the sale proceeds are to be held in trust by the Customer for Omni Plus.

2. Liability

In the case where the products or services are not of a kind ordinarily acquired for personal, domestic or household use, Omni Plus hereby limits the amount of its liability, at its option, to:

• (a) For products, any one or more of the following:
  • the replacement of the products or the supply of equivalent products;
  • the repair of the products;
  • the payment of the cost of replacing the products or of acquiring equivalent products; or
  • the payment of the cost of having the products repaired; and
• (b) For services:
  • the supplying of the services again; or
  • the payment of the cost of having the services supplied again.

Subject to the above, under no circumstances will Omni Plus be liable for any loss or damage to persons or property of any nature thus, direct or indirect, of any defect, deficiency or discrepancy in products or services sold or supplied by Omni Plus. It is the Customer’s sole responsibility to ensure that the products or services supplied are sufficient and suitable for the purposes of the Customer.

The Customer waives any claims, demands, causes of action or recoveries for punitive, exemplary, indirect or consequential damages arising under this Agreement, or otherwise with respect to the sale of goods or services, and completely indemnifies Omni Plus, without limitation, for any lost revenues or profits, consequential or incidental damages, injury to persons or property, business interruption or damage to business reputation, including any tort or statutory causes of action, in relation to the supply to it by Omni Plus of any goods and services, including any liquor related products, which Omni Plus may supply to the customer.

3. Supply of Products

• (a) Omni Plus will supply the Products to you in accordance with these Terms.
• (b) You may order Products from us at any time on the Site. Your order will constitute an offer to buy the Products and Omni Plus will confirm acceptance to you by sending you an email confirming that the Product has been successfully ordered (“Confirmation”). Any contract between you and Omni Plus will be formed when Omni Plus sends you the Confirmation.
• (c) While every effort has been made to ensure the accuracy of prices, images and information displayed on this site, Omni Plus is not responsible for any error and reserves the right to accept or reject your offer for any reason, including without limitation, the unavailability of any product, an error in the price, image or the product description posted on this Site, or an error in your order. We may require additional verification or information before accepting any order.
• (d) Omni Plus is not bound to fulfil any order until the order is accepted into Omni Plus’s computer system. Omni Plus reserves the right to accept any order in whole or in part.
• (e) No order may be cancelled after it has been accepted into Omni Plus computer system without acceptance from Omni Plus.

4. Prices

All prices listed on the Site are exclusive of GST, and GST is applied at checkout if applicable. Prices displayed are current at the time of issue, but may change at any time and are subject to availability.

5. Payment

• (a) For each order, Omni Plus will invoice you.
• (b) Subject to being approved a 30 day trading account, you must pay each invoice within 30 days of the end of the month in which the invoice was issued unless you dispute that invoice in accordance with clause 6.
• (c) Interest at the rate of 1.5% per calendar month (or part thereof) may be charged on all overdue amounts.
• (d) Credit card payments may incur a fee.
• (e) Recovery of legal costs and collection expenses by Omni Plus
  • In the event of non-payment of Omni Plus’s Tax Invoice, Omni Plus reserves the right to commence collection action and stop delivery of goods and/or services.
  • Legal action will include recovery of the whole debt including any and all legal costs and disbursements incurred by Omni Plus on a solicitor/client basis, and any collection expenses incurred.
  • The Customer shall indemnify Omni Plus in respect of, and must pay to Omni Plus on demand, any costs and expenses incurred by Omni Plus in enforcing any Charge, Guarantee, Mortgage, or Other Security, given by the Customer to Omni Plus, including and not limited to collection costs and expenses, and legal costs incurred as a result of non — payment of Omni Plus’s tax invoices, court or tribunal issue fees, solicitor costs and expenses on a solicitor/client basis, witness expenses in relation to any defended action, barrister’s fees, expert witness fees if required, adjudicator’s expenses, and the like. The Customer agrees and acknowledges that such collection expenses do not constitute a penalty but Omni Plus’s genuine and anticipated expenses incurred if legal and/or collection action is commenced
  • The Customer shall also indemnify Omni Plus in respect of, and must pay to Omni Plus on demand, any taxes or stamp duties or other fees which may became due and payable in respect of any Charge, Guarantee, Mortgage, or other security given by the Customer to Omni Plus.

6. Invoice Dispute

If you notify Omni Plus that you dispute the validity of any invoice:

• (a) you must notify Omni Plus within 7 days of the date of the invoice;
• (b) you must pay the undisputed amount in the invoice; and
• (c) the parties must continue to perform their other obligations under these Terms.

7. Delivery

• (a) Omni Plus delivers products using a combination of dedicated Omni Plus drivers and 3rd party transport companies, depending on your location. Delivery costs may be influenced by the size and weight of the product(s) and your location. Delivery costs are calculated in the shopping cart and will be added to the order total before checkout. Orders are generally dispatched within 1 business day. Delivery times are estimated at between 1 and 3 business days depending on your location.
• (b) Omni Plus is not liable for any delay in delivery of products or services ordered or any unavailability of products or services ordered.
• (c) Omni Plus reserves the right to charge for delivery of products.

8. Special Buy Ins

Special Buy Ins are products sourced specifically or made specifically for the Customer. These products are not returnable once ordered. The Customer warrants that any logos, photographs or other material provided by the Customer about Specific Buy Ins do not infringe any rights of third parties and the Customer agrees to indemnify Omni Plus from any claims, liability or expense relating to any breach of this warranty.

9. Clearance Products

No other discount is valid with these offers. These products are not returnable once ordered. Back orders are not possible on clearance products.

10. Furniture, Print and Promotional Items

• (a) For all Furniture, Print and Promotional Items, the Customer may be required to pay to Omni Plus a Deposit, as specified by Omni Plus to the Customer, and prior to Omni Plus processing the Order(s).
• (b) Any Deposit paid by the Customer to Omni Plus is non-refundable. The balance of the agreed price is to be paid by the Customer to Omni Plus as directed by Omni Plus, either prior to delivery and installation of the goods, or otherwise in accordance with Omni Plus’s normal terms of payment.
• (c) Furniture as a category is generally non-returnable. Read our Returns Policy for more information.

11. Customer Specific Stock

• (a) Customer specific stock refers to stock purchased by Omni Plus on behalf of the Customer for purchase by the Customer over time. Examples include: promotional marketing products, workwear and printed products with Customer specific branding.
• (b) Where the Customer does not comply with the agreed timeframe(s) for purchase (or 30-day notice from Omni Plus in the absence of an agreed timeframe) then at Omni Plus’s option any one or more of the following may apply:
  • Omni Plus is entitled to charge a storage fee for such stock;
  • Omni Plus may invoice the Customer for the whole (or any part) of the stock; and
  • Omni Plus may arrange for the stock to be destroyed or otherwise disposed of (or used) if the Customer fails to pay for and collect or take delivery of the stock, and all costs so incurred shall be a debt due to Omni Plus by the Customer.

12. Return/Credits

Any returns should be made in accordance with Omni Plus’s Returns Policy which is to be read in conjunction with these Terms.

13. Inconsistencies

Any orders placed with Omni Plus are based on these terms and conditions unless otherwise expressly agreed in writing by Omni Plus. In the event of any inconsistency between any terms and conditions in the Customer’s order and these terms and conditions, Omni Plus will be deemed, by delivering the product to the customer or supplying services to the Customer, to have made an offer to the Customer, to sell the products or to supply the services pursuant to these terms and conditions, which offer will be deemed to have been accepted if the Customer retains the products or accepts the services.

14. Notice Details

Name: Omni Plus Pty Ltd
ABN: 25 605 167 968
Short form name: Omni Plus
Notice details
Address: 18A Hubert Street, Belmont, WA 6104
Email: orders@omniplus.com.au
Telephone: 1300 466 640

15. Scope

The Site is only intended for use for people residing in Australia. Omni Plus does not accept orders from and does not deliver to addresses outside of Australia.

16. Governing Law

These terms and conditions are governed by the laws of Western Australia, Australia each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Western Australia, Australia.

17. Revisions to Terms of Use

• (a) Omni Plus has the right to revise and amend these Terms from time to time at its absolute discretion by posting revised terms.
• (b) Any revisions will be effective immediately. By continuing to use the Site after any revision becomes effective, you agree to be bound by the revised Terms.
• (c) A provision or part of a provision of these Terms that is illegal or unenforceable may be severed from these Terms and conditions and the remaining provisions or parts of the provisions of these Terms continue in force.

18. Intellectual Property

• (a) This Site and all materials on the Site, including, but not limited to, images, illustrations, posts, audio clips, video clips (Materials) are the property of Omni Plus and its affiliates and licensors.
• (b) The Materials are protected from unauthorised copying and dissemination by copyrights that are owned or licensed by Omni Plus and by copyright law, trademark law, international conventions and other intellectual property laws. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from this Site, or any other web site owned or operated by Omni Plus without the prior written permission of Omni Plus.
• (c) No trademark (whether registered or otherwise) that is contained on this Site or otherwise used by Omni Plus may be used without our prior, specific, written permission or that of the trademark owner.

19. Third Party Websites

• (a) This site may contain information from or hyperlinks and other pointers to internet websites operated by third parties. Such information or websites are not under the control of Omni Plus and Omni Plus is not responsible for the contents of any such information or website. Omni Plus provides such information and hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Omni Plus. You rely on such information or websites entirely at your own risk.
• (b) You are referred to the relevant third-party websites for all information regarding the third parties' products and/or services. Third parties are solely responsible to you, subject to their conditions, for all issues relating to their website including information, goods, services, prices and the delivery of any goods or services you purchase on the third-party website.