AOH INDUSTRIES PTY LTD – TERMS AND CONDITIONS
These Terms and Conditions form a binding agreement between AOH Industries Pty Ltd (“AOH Industries”, “we”, “our”, or “us”) and any customer (“you”, “your”, or “Buyer”) who engages with our products or services. This agreement defines the scope of services, responsibilities, and payment terms.
Definitions
- Seller: AOH Industries Pty Ltd.
- Buyer: Any party that enters into an agreement with AOH Industries for product procurement, facilitation, or services.
- Partner Manufacturers: Third-party manufacturing facilities with whom AOH Industries collaborates to facilitate customer orders.
Nature of Our Services
AOH Industries acts as a consultant and logistics coordinator for the importation and delivery of goods. We are not the manufacturer or primary seller of the goods unless expressly stated otherwise. Our services may include:
- Consulting on specifications and order requirements;
- Liaising with selected manufacturers on your behalf;
- Organising international freight, customs clearance, and domestic delivery;
- Offering optional in-house assembly services for an additional fee.
By engaging our services, you acknowledge that AOH Industries facilitates the procurement and transport process on your behalf.
Any services provided directly by AOH Industries—such as consulting, freight coordination, or assembly—are delivered with due care and skill as required under the ACL. We are not responsible for the quality, compliance, or performance of goods supplied by third-party manufacturers unless a warranty or guarantee is expressly provided in writing by AOH Industries.
Order Process & Delays
Orders are processed in batch builds to secure factory rates. Estimated delivery timeframes may vary due to production schedules, supplier availability, shipping conditions, port congestion, and customs processing. While delays of up to four (4) months are possible, AOH Industries will take all reasonable steps to deliver goods within a reasonable timeframe as required under the ACL.
Delivery dates are estimates and are not guaranteed. We are not responsible for delays caused by factors beyond our control, including but not limited to:
- Industrial actions, wars, or civil unrest
- Pandemics or government-imposed restrictions
- Supplier, freight, or port delays
- Natural disasters or accidents
If a significant delay occurs and goods are not delivered within a reasonable time, customers may be entitled to remedies under the ACL. Once production begins, cancellations may not be possible due to the custom nature of the order, but we will offer resale support where applicable and assess refund or remedy requests in line with consumer rights.
Payment Terms
Payment in full is required before your build enters production or is included in a batch order. No work will commence until full payment is received, unless otherwise agreed in writing.
Please note that payment in advance does not affect your rights under the ACL, including consumer guarantees and remedies.
Liability & Risk Acknowledgement
AOH Industries acts as a facilitator and consultant but is not the manufacturer of the goods supplied. We are not responsible for design flaws, certification issues, or build errors caused by third-party manufacturers beyond our control.
Buyers must review public product specifications carefully and notify AOH Industries in writing of any custom requirements or certifications before production begins.
To the extent permitted by law, AOH Industries’ total liability for any loss or damage arising from the supply of goods or services is limited to the value of the goods supplied. We exclude liability for consequential losses such as loss of profit or third-party contract losses.
Buyers are responsible for engaging qualified certifiers, engineers, or relevant local authorities to ensure compliance with applicable laws, regulations, and approval for there product builds.
Certifications and Compliance
If compliance with specific building codes, standards, or regulations is required, the Buyer must notify AOH Industries in writing before production begins. Certification and compliance verification are not included by default and may incur additional charges.
AOH Industries will provide certifications or compliance documentation only when explicitly agreed upon in writing. Except where required by law, AOH Industries does not guarantee or warrant compliance with Australian or other national standards unless specified in the contract.
Container Builds: You must engage your own engineer and certifier prior to building for your plans.
Transport & Delivery
AOH Industries is responsible for freight damages only when goods are transported using our in-house carrier, TS Truck Transport, and subject to the terms of that service.
If a third-party freight provider is used, their insurance policies and terms and conditions will apply, and AOH Industries does not accept liability for loss or damage once goods are in their custody.
Risk and responsibility for the goods pass to the Buyer once the goods are delivered to the nominated delivery address or picked up by the Buyer or their carrier. From that point, the Buyer is responsible for appropriate handling, loading, transport materials, and insurance coverage.
Warranty Terms
All products supplied are covered by the manufacturer’s warranty. Warranty documentation will be provided with your order. Any warranty claims related to the products should be lodged directly with the manufacturer unless otherwise agreed in writing.
For container builds, materials sourced from Australian suppliers such as Bunnings or Reece are subject to their respective trade warranties. Claims for such materials should be directed to the relevant supplier.
It is the Buyer’s responsibility to inspect workmanship and materials upon delivery or via images/videos provided promptly. To assist timely resolution, any claims relating to workmanship or materials should be reported to AOH Industries as soon as possible and no later than immediately after unloading.
Nothing in these terms limits or excludes the rights and guarantees afforded to consumers under the ACL, including guarantees as to acceptable quality, fitness for purpose, and remedies for faulty goods or services.
Refunds & Resale Assistance
Due to the custom nature of our products, once production has begun, cancellations and refunds may be limited because of costs incurred for raw materials, factory labor, and shipping.
However, this does not affect your rights under the ACL. If a product is faulty, not delivered within a reasonable time, or does not meet consumer guarantees, you may still be entitled to a refund, replacement, or other remedies.
If you wish to cancel or resell your unit, AOH Industries can assist by providing resale support to help you recover part or all of your investment. Since units are typically priced at factory rates, resale at retail value may be possible.
Returns Process
To lodge a return request for faulty or not-as-described goods:
- Notify us in writing within 7 days of receipt.
- Include supporting images, description, and documentation.
- Returns must be shipped to our workshop at your cost unless otherwise agreed.
Build Specifications
Units are constructed according to the specifications provided by the Buyer at the time of ordering. If no specifications are provided, the standard unit design will apply.
It is the Buyer’s responsibility to ensure that the specifications supplied meet their requirements, including consulting with qualified builders, engineers, or other relevant professionals as needed.
AOH Industries relies on the accuracy of the specifications provided and is not responsible for any issues arising from incorrect, incomplete, or unsuitable specifications supplied by the Buyer.
Nothing in these terms limits or excludes the guarantees or rights available to consumers under the ACL, including that goods will be fit for purpose and match the description.
Aftercare & Manufacturer Support
For post-purchase support or warranty service, AOH Industries will assist in connecting you with the relevant manufacturing partner. The manufacturer is responsible for handling any aftercare, repairs, or service-related concerns in accordance with their warranty terms.
Privacy & Data Use
We collect and use your personal information in accordance with our Privacy Policy, which complies with the Australian Privacy Act 1988 (Cth). This includes using your contact details, delivery address, and order information to fulfil our services and communicate with you.
We do not sell or share your personal information with third parties except as necessary to perform our services or where required by law.
Force Majeure
We are not liable for any failure or delay in performance of our obligations due to events beyond our reasonable control, including but not limited to:
- Natural disasters
- War or terrorism
- Government restrictions
- Industrial strikes
- Supply chain disruptions or port closures
Where such delays occur, we will take all reasonable steps to resume performance as soon as possible.
Intellectual Property
All intellectual property, including plans, designs, technical drawings, specifications, or documentation created or supplied by AOH Industries, remains our property unless otherwise agreed in writing.
You may not reproduce, modify, or share these materials without our express written consent.
Legal Clauses
- Assignment: Neither party may assign or transfer their rights or obligations under this agreement without the prior written consent of the other party, except where permitted by law.
- Modifications: These Terms and Conditions may only be amended or varied by a written document signed by both parties.
- Governing Law: This agreement is governed by and construed in accordance with the laws of Queensland, Australia.
- Dispute Resolution: In the event of a dispute arising under or in connection with this agreement, the parties agree to first attempt to resolve the matter through good faith negotiation or mediation before commencing any formal legal proceedings.
- Severability: If any part of this agreement is held to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.
Consumer Law Disclaimer
Nothing in these terms excludes, restricts, or modifies any consumer rights or guarantees that cannot be excluded under the Australian Consumer Law. Where goods or services are not of acceptable quality, not fit for purpose, or not delivered within a reasonable time, you may be entitled to remedies including repair, replacement, or refund.