Terms and Conditions of Supply

1. Business Identity

These Terms and Conditions of Supply apply to goods and services supplied by OMP LMT PTY LTD trading as OMP, ABN 70 644 229 541, located at 30 Camfield Drive, Heatherbrae NSW 2324, New South Wales, Australia.

In these terms, "OMP", "we", "us" and "our" means the supplier identified above. "Customer", "you" and "your" means the person, company or entity requesting a quote, placing an order, supplying materials or drawings, or otherwise instructing OMP to perform work.

2. Our Services

OMP is a Newcastle-based manufacturing business providing laser cutting, CNC folding, sheet metal fabrication, powder coating and related manufacturing support services from its facility in Heatherbrae, NSW.

These terms set out the basis on which OMP supplies its services and the practical limits of what can be guaranteed given the nature of metal, supplied materials, manufacturing processes, surface preparation, coating systems, transport, installation and end-use conditions.

3. Application and Acceptance

These terms apply to all quotations, orders, goods and services supplied by OMP unless OMP agrees otherwise in writing.

A customer accepts these terms by requesting a quote, accepting a quote, issuing a purchase order, paying a deposit or invoice, supplying drawings or materials, instructing OMP to proceed, collecting completed goods, or otherwise receiving goods or services from OMP.

Where a written quote, purchase order or project-specific agreement contains specific terms that are inconsistent with these general terms, the specific written terms apply to the extent of the inconsistency.

4. Quotations and Pricing

Quotations are provided in good faith based on the information available to OMP at the time of enquiry. Quotes remain valid for the period stated on the quote.

OMP may revise a quote if material costs, specifications, quantities, drawings, tolerances, finishing requirements, delivery requirements, site requirements or job scope changes after the quote is issued.

Unless expressly stated otherwise, a quote does not include additional drafting, engineering certification, testing, packaging, freight, special handling, installation, site work, rework caused by customer-supplied information, or changes requested after work has commenced.

5. Payment Terms

Payment is due in accordance with the terms stated on the invoice, quote, account arrangement or any other written agreement between OMP and the customer.

Late payment may result in delayed release of goods, delayed production, suspension of further work, suspension of account privileges, or recovery action until the account is brought current.

OMP may require payment of outstanding amounts before releasing completed goods or commencing further work, except to the extent prohibited by law.

6. Customer Responsibilities

The customer is responsible for ensuring that all drawings, specifications, measurements, materials, colours, quantities, intended uses, site requirements, approval details and delivery requirements supplied to OMP are accurate, complete and suitable for the intended job.

OMP relies on customer-supplied information when quoting, drafting, programming, cutting, folding, fabricating, coating and delivering work.

OMP is not responsible for defects, delays, rework, additional cost or unsuitability caused by inaccurate drawings, incorrect measurements, incomplete specifications, unsuitable customer-supplied materials, undisclosed site conditions, incorrect colour selection, or changes requested after work has commenced, except to the extent required by law.

7. Drawings, Drafting and Design Assistance

OMP may provide drafting or file-preparation assistance where a customer does not have production-ready drawings. Drafting and file-preparation work is charged at the rate stated on the quote or otherwise agreed in writing.

Unless expressly agreed in writing, OMP's drafting assistance is limited to preparing drawings, files or production information for OMP's manufacturing processes. It does not include engineering certification, structural design, compliance certification, site measurement verification, design validation, or confirmation that the item is suitable for a particular installation or end use.

Customers must review and approve drawings, dimensions, quantities, materials, finishes and specifications before production. OMP is not responsible for design choices, site fitment, engineering suitability, or customer-approved dimensions except to the extent required by law.

8. Variations, Changes and Cancellations

Any change to drawings, quantities, specifications, colours, materials, delivery requirements or job scope after a quote is accepted may result in additional charges and revised lead times.

If a customer cancels or pauses work after OMP has ordered materials, commenced drafting, programmed machines, cut material, folded material, fabricated components, prepared surfaces, coated items or otherwise allocated resources, the customer may be charged for work performed, materials purchased, committed costs and reasonable administration costs.

OMP will take reasonable steps to minimise unnecessary cost after receiving a cancellation or change instruction, where practical.

9. Cutting, Folding and Fabrication

Laser cutting, CNC folding and sheet metal fabrication are carried out to standard commercial tolerances appropriate to the material, thickness, process, machine capability and job requirements.

Variations in material grade, mill tolerance, surface condition, internal stress, flatness, customer-supplied stock or drawing quality may affect cut accuracy, fold accuracy, weld quality, alignment, surface finish or final fit.

Press brake forming capacity depends on the combination of material thickness, bend length, tooling, bend radius and material type. OMP will advise where a specified requirement appears to fall outside the practical capability of its equipment before proceeding, where reasonably identifiable before production.

10. Customer-Supplied Materials and Substrate Conditions

Where the customer supplies materials, components, fabricated items, second-hand items, castings, galvanised items, extrusions, assemblies or pre-treated parts, OMP relies on those items being suitable for the requested work.

OMP is not responsible for coating, cutting, forming, fabrication or finishing defects to the extent caused by qualities inherent in, or already present in, customer-supplied materials or components, including outgassing, porosity, inclusions, hidden defects, existing corrosion, pitting, surface damage, sharp or unrounded edges, weld spatter, pinholes, oil, silicone, lubricant, chemical residue, prior coatings, or incompatible prior treatments.

OMP may reject or require further preparation of supplied materials where they appear unsuitable for the requested process.

11. Powder Coating, Surface Preparation and Finish Limitations

Powder coating outcomes depend on substrate condition, part geometry, preparation method, powder type, curing behaviour, handling, transport, installation and the environment in which the item is used.

Internal cavities, enclosed sections, overlapping surfaces, seams, recesses, sharp edges and hard-to-reach areas may limit preparation, coating film build, coating coverage, adhesion or long-term corrosion resistance.

Assemblies that trap moisture, contaminants or blasting media between overlapping surfaces, or that are not fully seal-welded or suitably drained, may develop corrosion, staining, outgassing, bubbling, coating failure or contamination in service that is not attributable to OMP's workmanship.

Where abrasive blasting is part of surface preparation, OMP takes reasonable care to remove blasting media before coating. Depending on part geometry, residual media may remain trapped in cavities, seams, overlaps or inaccessible areas and may become apparent after coating.

OMP is not responsible for coating adhesion, curing, appearance or durability issues to the extent caused by oils, silicones, lubricants, contaminants, prior treatments, unsuitable substrates, incompatible materials, trapped blasting media, inaccessible geometry, design limitations or post-handover handling and exposure.

12. Heat-Related Distortion

Some materials and fabricated items may warp, twist, move or distort during cutting, welding, fabrication, blasting, curing or heating due to internal stresses, material thickness, prior welding, prior manufacturing processes, part geometry or unsupported spans.

OMP is not responsible for heat-related movement or distortion to the extent caused by pre-existing stresses, material characteristics, design geometry, prior fabrication or customer-supplied materials, rather than OMP's own handling or workmanship.

13. Colour, Gloss and Finish Variation

Minor variations in colour, gloss, texture, orange peel, metallic effect, surface appearance or finish can occur between powder suppliers, powder batches, production runs, part geometry, substrate types, curing conditions, touch-up work and viewing conditions.

Colours shown on screens, printed charts, photographs, third-party colour reference sites or supplier images are guides only. OMP recommends that customers request or approve a physical swatch or sample before committing to a colour or finish for a critical application.

Unless OMP expressly agrees in writing to a project-specific finish standard, minor commercial variation in colour, gloss, texture or appearance is not treated as a defect.

14. Inspection of Finished Goods

Customers should inspect all items at collection or delivery and notify OMP of any visible damage, shortage, incorrect item or apparent defect within 5 business days.

This notice period helps OMP investigate visible issues promptly. It does not exclude, restrict or modify any rights the customer may have under the Australian Consumer Law or any other law that cannot be excluded.

Claims made after installation, modification, transport, storage or use may be harder to assess. OMP may take those circumstances into account when determining whether the issue was caused by OMP's workmanship, customer handling, transport, installation, use, storage, environmental exposure or another external cause.

15. Transport, Handling and Handover

Unless OMP has agreed in writing to arrange transport or delivery, risk in completed items passes to the customer when the items are collected by the customer, the customer's representative, or the customer's carrier.

OMP is not responsible for damage caused after handover by loading, unloading, transport, installation, storage, misuse, modification, environmental exposure or later handling, except to the extent OMP is responsible under law.

Customers should photograph items at collection or delivery where there is any concern about damage, shortage or condition.

16. Storage and Uncollected Goods

Completed items must be collected within 10 business days after OMP gives notice that the job is ready for collection, unless otherwise agreed in writing.

If items are not collected within that period, OMP may charge reasonable storage fees after giving the customer written notice. Any storage fee will be stated before it starts accruing.

OMP is not responsible for deterioration, dust, handling marks, corrosion, environmental exposure or damage caused by extended storage where the customer has failed to collect goods within a reasonable time, except to the extent required by law.

17. Australian Consumer Law and Consumer Guarantees

Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy that applies under the Australian Consumer Law or any other law and cannot lawfully be excluded, restricted or modified.

Where OMP supplies goods or services to a customer who is a "consumer" for the purposes of the Australian Consumer Law, those goods and services come with guarantees that cannot be excluded.

These terms apply only to the extent permitted by law. If any part of these terms is inconsistent with a non-excludable consumer guarantee, right or remedy, that part applies only to the maximum extent permitted by law.

18. Limitation of Liability

OMP takes reasonable care in performing its work. However, the outcome of cutting, folding, fabrication, surface preparation and coating depends on factors that may be outside OMP's control, including customer-supplied materials, customer-supplied drawings, substrate condition, design geometry, hidden defects, prior treatments, transport, installation, storage, use and environmental exposure.

To the extent permitted by law, OMP's liability for any claim arising out of or connected with goods or services supplied by OMP is limited to one or more of the following, at OMP's election where lawful: re-performing the service, repairing the goods, replacing the goods, supplying equivalent goods, or paying the reasonable cost of having the service re-performed or the goods repaired or replaced.

This limitation does not apply to the extent it would exclude, restrict or modify any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.

19. Indirect, Consequential and Economic Loss

To the extent permitted by law, OMP is not liable for indirect, consequential or economic loss, including loss of income, downtime, production delay, third-party claims, removal costs, reinstallation costs, freight costs, loss of opportunity, or loss arising from delay, except to the extent such loss cannot lawfully be excluded.

Nothing in this clause excludes any right to compensation for reasonably foreseeable loss or damage where that right applies under the Australian Consumer Law or another law.

20. Website Information

Information on OMP's website is provided as general information about OMP's capabilities, services and processes. Website content is not a binding quote, technical specification, engineering certification, warranty, guarantee of fitness for a particular purpose, or promise that a particular job can be performed unless confirmed by OMP in writing.

Machine capability, lead times, service availability and process suitability may vary depending on material, dimensions, thickness, drawings, workload, tooling, equipment availability, finishing requirements and other job-specific factors.

21. Amendments

OMP may update these terms from time to time. The version current at the time OMP accepts the customer's order applies, unless otherwise agreed in writing.

Changes to these terms do not retrospectively change an accepted quote or order unless the customer and OMP agree in writing.

22. Governing Law

These terms are governed by the laws of New South Wales, Australia. The parties submit to the jurisdiction of the courts and tribunals of New South Wales.

23. Questions

For questions about these terms, contact OMP at info@omp.net.au or (02) 4983 2025.