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Terms and Conditions of Sale

Onyx Expeditions Pty Ltd (ACN 680 845 167)

Trading as Onyx Canopies & Trays

Scope of Agreement

1.1 These Terms and Conditions apply to all sales and supply of goods and/or services by Onyx Expeditions Pty Ltd (ABN 55 680 845 167 ), referred to in this document as "Onyx," to any purchaser ("you").

1.2 The full agreement between Onyx and the customer includes:

(a) These Terms and Conditions; and

(b) Any formal order or accepted proposal specific to the goods or services provided.

1.3 The agreement becomes binding when:

(a) Onyx formally accepts a purchase order;

(b) You accept a quote/proposal provided by Onyx;

(c) You receive delivery of part or all of the goods/services; or

(d) A payment is made by you towards any Onyx invoice.

Quotes, Orders and Confirmations

2.1 Onyx may issue written proposals or quotes outlining the potential supply of goods and/or services. These are subject to change or withdrawal unless otherwise specified.

2.2 Acceptance of a proposal must occur within the time period stated or within 14 days if no date is specified. Acceptance beyond this timeframe may require updated confirmation by Onyx.

2.3 All orders are subject to review and written confirmation by Onyx, who may reject any order at their discretion.

2.4 Any additional terms proposed by you outside of pricing or order specifics will not be binding unless Onyx provides explicit written agreement referencing this clause. Pricing and Tax 3.1 Unless stated otherwise, all prices quoted are in Australian dollars and exclude GST. You agree to pay any relevant taxes, levies, insurance, freight, or other costs in addition to the stated price.

3.2 Invoices will be issued upon confirmation of your order or agreement. A valid tax invoice will be provided as required by Australian tax law.

Payment Terms

4.1 A deposit of 50% is required upfront unless otherwise agreed. Deposits must be paid before manufacturing or scheduling begins.

4.2 The remaining balance must be paid in full upon substantial completion of the goods or services, as determined by Onyx.

4.3 Payment must be made by direct bank transfer to Onyx’s nominated account unless otherwise agreed. A surcharge applies for credit card payments.

4.4 Onyx reserves the right to charge additional fees to recover costs incurred in debt recovery for overdue amounts.

4.5 Any credit offered by Onyx is at its sole discretion and may be withdrawn without notice.

4.6 You are not entitled to withhold payment or set off any claims against amounts payable to Onyx.

Late Payments and Interest

5.1 If you fail to pay any amount when due, Onyx may apply interest at a rate of the current RBA cash rate plus 4%, calculated daily and compounded.

5.2 Any payment received will first be applied to accrued interest before reducing the outstanding principal.

Termination 6.1 Onyx may terminate any agreement if you:

(a) Become insolvent or bankrupt;

(b) Fail to comply with agreed terms; or

(c) Are subject to any event that compromises your financial position.

6.2 Upon termination:

(a) All outstanding amounts become immediately due;

(b) Onyx retains the right to pursue any remedies it is entitled to at law. Delivery, Title and Risk 7.1 Goods will be delivered to the agreed location, your nominated agent, or via a third-party carrier.

7.2 Onyx is not liable for delays outside its control and makes no guarantee of exact delivery dates.

7.3 Legal ownership of goods remains with Onyx until full payment is received.

7.4 You assume all risk once goods leave Onyx’s premises or are installed in your vehicle. It is your responsibility to ensure appropriate insurance coverage.

Warranties

8.1 Onyx warrants that:

(a) Goods will conform to any specifications provided;

(b) Services will be delivered with reasonable skill and within reasonable timeframes; and

(c) All fabricated products come with a 5-year structural warranty effective from 1 January 2025. This includes locks, seals, hinges, struts, runners, tanks, and related hardware.

8.2 This warranty is valid only to the original purchaser and for the original installation. It does not cover:

(a) Electrical components or appliances such as lights, fridges, compressors;

(b) Damage from misuse or modifications;

(c) Accessories not supplied by Onyx.

Modifications to Vehicle Equipment

9.1 Where Onyx relocates sensors, cameras, or safety systems, it will use reasonable care to reinstall them in an appropriate location.

9.2 Exact replication of factory-installed geometry is not guaranteed. Onyx accepts no liability for issues arising from such repositioning.

Liability and Limitations

10.1 Subject to applicable laws, Onyx excludes all other warranties not expressly set out herein.

10.2 Onyx’s liability is limited (at its election) to:

(a) Replacement or repair of the goods;

(b) Re-performance of the services; or

(c) Payment of equivalent cost for replacement or services.

10.3 Onyx is not liable for:

(a) Consequential or indirect loss;

(b) Acts beyond its control;

(c) Failures arising from non-Onyx products.

Australian Consumer Law (ACL) Compliance

11.1 If you are a consumer under the ACL, you may have statutory rights that cannot be excluded. These Terms operate alongside those rights.

11.2 Nothing in these Terms excludes or limits rights under the ACL or Northern Territory consumer legislation.

GST and Tax Invoices

12.1 Prices exclude GST unless explicitly stated.

12.2 You agree to pay GST in addition to the agreed price. A tax invoice will be issued for all taxable supplies.

12.3 If goods are supplied by a third party, Onyx will request them to provide a valid tax invoice where required.

Force Majeure

13.1 Onyx is not liable for delays or non-performance caused by circumstances beyond its control, including (but not limited to) acts of God, government orders, supply shortages, internet or system failures, or transport issues.

Assignment

14.1 Onyx may assign, transfer, or subcontract any of its rights or obligations under this agreement.

14.2 You may not assign or transfer your rights without prior written consent.

Governing Law

15.1 These Terms are governed by and interpreted under the laws of the Northern Territory, Australia. Both parties agree to submit to the jurisdiction of Northern Territory courts.

Definitions 16.1 In these Terms:

"Agreement" means the arrangement outlined in clause 1.2;

"Business Day" means any day that is not a weekend or NT public holiday;

"Goods" means any item supplied by Onyx;

"Services" means any work or installation performed by Onyx;

"Proposal" means a quote or written offer by Onyx;

"Order" means your request to purchase Goods or Services;

"Default Event" means events as outlined in clause 6.1;

"GST" has the same meaning as under the A New Tax System (Goods and Services Tax) Act 1999 (Cth)