All products provided by Osenses are intended for research purposes only, not for diagnostic or therapeutic use.
Osenses Pty Ltd will sell to the customer of the products from its catalogue (s) and web-site ("the products") subject to these terms and conditions, which supersede any standard terms of business of the Customer. No variation of these terms and conditions will be binding upon Osenses unless it is in writing and is signed by Osenses' authorised representative. Osenses will consider orders it receives placed in either of the following ways:
2.2 by written request (in the Customer header paper giving a purchase order) delivered to Osenses address by post or by fax or by e-mail.
2.3 by a telephone request giving the purchase order number, provided that a written request clearly marked "confirmation" is written within seven days.
2.4 by submission of the on-line order form, duly completed, by the Customer (which occurs when the Customer clicks on "Submit Credit Card or Account Order"); or
2.5 by a copy of the on-line order form, duly completed, faxed by the Customer to Osenses. The Customer and Osenses' order will form the basis of a contract between the Customer and Osenses only when Osenses accepts the Customer's order, or when the Products are delivered to the Customer, whichever occurs first.
Delivery will be at the shipping address on the order form or, if none is specified, to the billing address on the order form, but Osenses may choose the method of delivery. Time is not of the essence in the contract between Osenses and the Customer. Products are normally available from stock and Osenses (if it chooses to accept the order) use its reasonable endeavours to deliver the Products within 12 days after the date on which the order was received by Osenses; but Osenses will not be liable to compensate the Customer for late delivery.
Osenses retains ownership of any and all Products delivered to the Customer, which must be held by the Customer to Osenses' order, until Osenses has received unconditional payment in full for the Products and for any other goods or services supplied by Osenses to the Customer. The Customer shall have the power to sell or otherwise deal with the Products in the ordinary course of business. Risk of damage to or loss of the Products shall pass to the Customer upon delivery to the Customer.
The prices quoted for products do not include packing and carriage charges, customs/import duties or insurance and are exclusive of GST, sales and similar taxes. A packing charge (for example for wet or dry ice) may be added to the price of the Products by Osenses. Osenses will provide the Customer with an estimate of the packing charge on receipt of the order. Prices are shown for the most commonly used packing size. Unless the Customer requests otherwise, Osenses will fulfill orders for intermediate quantities with multiples of the standard package sizes. Osenses can supply the Customer with prices for quantities in excess of those listed on this catalogue on request. Customs forms for all international packages will list the value of the Customer's order, the contents of the package, and a description of the Products. Osenses Pty Ltd reserves the right to amend prices and product specifications without notice.
Osenses will deliver an invoice for the Products supplied to the Customer to the billing address shown on the order form unless the Customer later notifies Osenses in writing of a different billing address. The Customer will pay the invoice within thirty days after the date shown on the invoice. If any part of an invoice remains outstanding after the date payment, Osenses may do either or both of the following:
6.1 terminate the contract with the Customer
6.2 charge interest
The Customer indemnifies and will keep Osenses, its directors, officers, employees and agents indemnified from and against any threatened or actual claims, causes of action, suits, proceedings, losses, penalties, liabilities, costs, expenses, damages or fees (including legal fees and expenses) asserted against or incurred by Osenses, its directors, officers, employees or agents which arise out of the handling (other than handling in accordance with the Data sheets), use or application of any Products by the Customer or any person or entity other than Osenses, whether or not such Products are handled, used or applied alone or in combination with other articles or substances, or are handled, used or applied in any ,manufacturing process.
Osenses Pty Ltd warrants material to be of the stated quality at the time of sale. The buyer assumes all responsibility for the use and handling of the products and any liability for consequential, special, indirect or incidental damage eventuating from use. Osenses makes no warranty of the product's suitability for any purchaser's particular use; suitability for use must be determined by the purchaser or user of the products. If a problem should arise, Osenses' sole obligation is to replace the material up to the amount of the purchase price. This applies only to the products in their original containers and does not apply to products which have been tampered with or altered in any way or which have been misused or damaged by accident or through negligence.
Osenses' products are sold for experimental use only and are not intended for use in humans, neither for medical nor diagnostic purposes. We do not search for existing patents on products. Customers are responsible for determining the existence of such patents, and whether their use of the material will constitute an infringement of these patents. Osenses is an South Australian company. The operation of our business falls under the jurisdiction of the state of South Australia, city of Adelaide.
Nothing in these terms and conditions excludes or limits the liability of Osenses for death or personal injury caused by Osenses' negligence, or for fraudulent misrepresentation. If the Products are unsatisfactory, Osenses will, at its option, replace the Products or refund the purchase price to the Customer, provided that the Customer:
10.1 provides Osenses with the purchase order number, invoice number, and product's catalogue number;
10.2 stores the Products in accordance with any instructions given by Osenses to the Customer;
10.3 notifies Osenses of the defect within seven days after delivery; and
10.4 retains the defective Product and return it to Osenses on request.
The remedy stated above is the sole remedy of the Customer if any Product is defective. Osenses believes that the Data sheet and any other information given to the Customer about the Products are accurate, but accepts no liability for any inaccuracies or omissions in that information.
No warranty or condition is to be implied into the contract between the Customer and Osenses that the Products or the information supplied to the Customer do (es) not infringe any patents or other intellectual property rights of any third party.
In any event, Osenses will not be liable to the Customer for any indirect or consequential losses or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise) sustained or claimed by the Customer as a result of any defects in the Products or as a result of any breach by Osenses of these terms and conditions or of any terms and conditions implied by law.
Osenses' liability to the Customer arising out of the contract governed by these terms and conditions or otherwise will not exceed the aggregate of all sums paid by the Customer to Osenses in respect of a particular order.
11. Use of www.osenses.com website
Access to www.osenses.com is free of charge. All users of this website are deemed to have accepted these terms and conditions:
11.1 Unless otherwise noted, all text, images, graphics, photographs, designs, icons, sounds, information, data and other materials (the Content) on the www.osenses.com website are protected by copyright, trade or service marks. The Customer may use the Content solely for the limited purpose of placing an order with Osenses.
11.2 Osenses does not nor will monitor the content of the external websites linked to or from www.osenses.com website. Hence, Osenses is not responsible for the content of any other sites. Any link of other companies or websites to Osenses does not constitute or imply Osenses' endorsement or recommendation of the company/websites or its products and services.
11.3 The www.osenses.com may include typographical errors, technical inaccuracies or other error and omissions. Hence, Osenses can not be liable for the Customer's reliance on this website for any purposes. The Customer assumes all responsibility and risk of loss resulting from the use of www.osenses.com website, even if Osenses has been advised of the possibility of indirect or direct damages.
11.4 Osenses may modify or supplement information in its website without notice. Hence, the Customer may wish to visit www.osenses.com periodically to determine the current information and or terms and conditions.
11.5 If any provision in these terms and conditions is held to be invalid, illegal or unenforceable for any reason, the remaining terms and conditions shall remain effective to the fullest extent permitted by applicable law.
11.6 These terms and conditions shall be governed by the laws of Australia.
The contract between the Customer and Osenses is governed by Australian law, and these terms and conditions will be interpreted accordingly.