Terms & Conditions

Welcome to the ONEMOMENT.com.au website terms and conditions. Please read through them carefully before placing your order. By using this website and/or placing an order, you agree to be bound by the terms and conditions set out below. Please also read our Privacy Policy provided.

  1. TERMS AND CONDITIONS TO GOVERN: These terms and conditions represent the final and complete agreement and no terms or conditions in any way modifying or changing the provisions stated herein shall be binding upon ONE MOMENT™ unless made in writing and signed and approved by an officer or other authorized person at ONE MOMENT™. No modification of any of these terms shall be made unless agreed to by writing by ONE MOMENT™. If any term, clause or provision is declared to held invalid by a court of competent jurisdiction, such declaration or holding shall not affect the validity of any other term, clause or provision herein contained.
  2. ACCEPTANCE OF ORDERS: All orders are subject to written price verification by authorized ONE MOMENT™ personnel. Shipment of goods without written price verification does not constitute acceptance of the price contained in the order.
  3. SUBSTITUTION: ONE MOMENT™ reserves the right, without prior notification, to substitute an alternative product of like kind, quality and function.
  4.  PRICE: Prices quoted (not including any transportation charges), are valid for the day an order is made. A price designated as firm for a specific period may be revoked by ONE MOMENT™ if the revocation is in writing and is emailed to the Buyer prior to the time a written acceptance of the price is received by ONE MOMENT™.
  5. TRANSPORTATION: Unless otherwise provided, ONE MOMENT™ shall use its judgment in determining carrier and routing. In either case, ONE MOMENT™ shall not be liable for any delays or excessive transportation charges resulting from its selection.
  6. PACKING: Unless otherwise provided, ONE MOMENT™ will comply only with its minimum packing standards for the method of transportation selected. The cost of all special packing, requested by Buyer will be paid for by Buyer. All cost of shipment shall be paid for by Buyer.
  7. PAYMENT TERMS: ONE MOMENT™ requires advance payment to be made for the goods by direct deposit by the Buyer to our nominated bank account. If Buyer fails to make payment in accordance with terms of this agreement, or any collateral agreement, or fails to comply with any provisions hereof no transfer would take place and no item would be shipped to Buyer until payment has been made by Bank Transfer to our nominated bank account.
  8. TAXES AND IMPORT/EXPORT LICENSES: Prices include GST tax. Other taxes, when applicable, are to be paid by Buyer, unless it provides a valid exemption certificate acceptable to the taxing authority, or unless ONE MOMENT™ is forbidden by law from collection from Buyer. Import or export licenses are to be secured by Buyer.
  9. TITLE AND RISK OF LOSS: Delivery to carrier shall constitute delivery to Buyer, and thereafter risk of loss or damage shall pass to Buyer. Any claim of Buyer relative to damage during shipping or delivery should be made directly to the carrier. Any claims by Buyer against ONE MOMENT™ for shortage or damage occurring prior to such delivery to carrier must be made within fifteen (15) days after receipt of the goods and accompanied by original transportation bill signed by carrier noting that carrier received the goods from ONE MOMENT™ in the condition claimed. Notwithstanding passage of the risk of loss to Buyer, title and right of possession to the goods sold hereunder shall remain with ONE MOMENT™ until all payments hereunder, shall have been made, and Buyer agrees to do all acts necessary to perfect and maintain such right and title in ONE MOMENT™.
  10. RETURN OF PRODUCTS: Goods cannot be returned or exchanged and orders once accepted by ONE MOMENT™ cannot be cancelled, except upon approval of ONE MOMENT™.
  11. FORCE MAJEURE: ONE MOMENT™ shall not be liable for failure to perform its obligations resulting directly or indirectly from, or contributed to by acts of God; acts of Buyer, civil or military authority, delays in transportation; lack of or inability to obtain raw materials (including energy sources), components, labor, fuel or supplies; or other circumstances beyond ONE MOMENT™ reasonable control, whether similar or dissimilar to the foregoing. If certain quantities are affected and other quantities are not, the quantities affected shall be eliminated without liability, but the agreement shall remain unaffected. ONE MOMENT™ may during any period of shortage due to any of said causes, allocate its supply of such raw materials among its various users thereof in any manner which ALL Companies deems fair and reasonable. In no event shall ONE MOMENT™ be liable for special or consequential damages for any delay for any cause.
  12. LIABILITY: ONE MOMENT™ shall not be responsible, obligated, or liable for any injury or damage resulting from an application or use of its products, either singularly or in combination with other products, arising out of acceptance of this order. ONE MOMENT™ shall have no liability for errors in weight or quantity delivered unless claim is made by Buyer within fifteen (15) days after receipt of shipment and accompanied by original transportation bill signed by carrier noting that carrier received the goods from ONE MOMENT™ in the condition claimed. If such timely claim is made by Buyer, and the claim is deemed valid by ONE MOMENT™, ONE MOMENT™ may fulfill its responsibility by either shipping the quantity necessary to make good the deficiency, or at ONE MOMENT™ option, crediting Buyer with the invoice price of the deficiency.
  13.  WARRANT: All goods sold by ONE MOMENT™ are warranted to Buyer to be free from defects in material and workmanship, and manufactured in accordance with industry standards. The foregoing warranty is non-assignable and in lieu of and excludes all other warranties not expressly set forth herein, whether express or implied by operation of law or otherwise including but not limited to any implied warranties of merchantability or fitness. No agent, employee, or representative of ONE MOMENT™ has any authority to bind ONE MOMENT™ to any representation, affirmation, or warranty concerning the goods and any such representation, affirmation, or warranty shall not be deemed to have become a part of the basis of this agreement and shall be unenforceable. Any claimed defect in material or workmanship shall be deemed waived by Buyer unless submitted to ONE MOMENT™ in writing within fifteen (15) days from the date the goods are received by Buyer.

    ONE MOMENT™ shall not be liable under the foregoing warranty if any loss or damage is caused by improper application or use of the goods. ONE MOMENT™ disclaims all liability with respect to the design of the goods and makes no warranty with respect to such design. This warranty is in lieu of and excludes all other warranties, whether express, implied, or statutory, including implied warranties of merchantability or fitness.

  14. REMEDIES AND LIMITATION OF LIABILITY: ONE MOMENT™ shall not be liable for incidental or consequential losses, damages, or expenses arising directly or indirectly from the sale, handling or use of the goods, or from any other cause relating thereto. ONE MOMENT™ liability, in any case, including for claims of breaches of warranty or negligence is exclusively limited, at ONE MOMENT™ option, to the replacement of goods not complying with this agreement, the repayment of, or crediting Buyer with, an amount equal to the purchase price of such goods, or repairing or arranging for repair of the goods. If ONE MOMENT™ requests the return of the goods, the goods will be redelivered to ONE MOMENT™ in accordance with ONE MOMENT™ instructions. The remedies contained in this paragraph constitute the sole recourse of Buyer against ONE MOMENT™ for breach of any of ONE MOMENT™ obligations, whether of warranty or otherwise. As long as ONE MOMENT™ makes a good faith effort to rectify any breach, the remedies provided for herein shall be deemed satisfied.
  15. SELECTION: Buyer represents that the goods sold hereunder are fit for their actual or intended use and that Buyer placed no reliance on ONE MOMENT™ skill or judgment in selecting suitable goods or materials or in the design of suitable goods and materials. Buyer represents that the use and installation of the goods shall be made in compliance with all applicable government requirements. Buyer will defend, indemnify and hold harmless ONE MOMENT™, its successors, assigns and subsidiaries from and against all costs (including attorney’s fees), damages and liabilities resulting from actual or alleged claims asserted or any penalties proposed or assessed ONE MOMENT™ for any alleged violation of any federal, state or local law, rule, regulation or standard, by reason of or in connection with any use of the goods delivered hereunder.
  16. CHOICE OF LAW: This agreement and matters connected with the performance thereof shall be construed in accordance with, and governed by, the law of the State of NSW, Australia.