By accessing or using this website, you agree to the terms of use of our website, which are set out below. The Terms of Use include our legal disclaimer and our privacy policy, and any other terms or conditions on this website.

We may change the Terms of Use at our discretion and without notice. A version of the current Terms of Use will always be available on this website. By continuing to use our website you accept the Terms of Use and any changes as they apply from time to time.

TERMS OF USE

  1. You and Your means the user of the Oates Welding Services website
  2. Our, Us, and We means Luka Industries Pty Ltd trading as Oates Welding Services
  3. Your access to and use of the Oates Welding Services website is subject to these terms and our privacy policy
  4. The policies on this web site apply to this website which is operated by Oates Welding Services, under the domain name www.oateswelding.com.au and other associated Oates Welding Services websites and online stores
  5. As the Oates Welding Services website develops and as technology evolves, Oates Welding Services will continue striving to provide you with better and more customised services and with a more effective website. Oates Welding Services encourages you to review the Privacy Policy periodically because the Privacy Policy may change from time to time

7.   You must use the www.oateswelding.com.au in accordance with the Terms of Use.

WHAT YOU MUST NOT DO

You must not:

  1. Use Oates Welding Services for any activities, or post or transmit to or via www.oateswelding.com.au any information or materials, which breach any laws or regulations, infringe a third party’s rights or privacy, or are contrary to any relevant standards or codes
  2. Use this website in a way, or post to or transmit to or via www.oateswelding.com.au any material, which interferes with other users or defames, harasses, threatens, menaces or offends any person or which inhibits any other user from using or enjoying www.oateswelding.com.au 
  3. Use this website to send unsolicited commercial or bulk electronic mail messages to anyone
  4. Make any fraudulent or speculative enquiries, bookings, reservations or requests using this website
  5. Use another’s name, personal information or payment details without permission
  6. Impersonate another person when using this website
  7. Post to or transmit to or via www.oateswelding.com.au any obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings
  8. Tamper with, hinder the operation of or make unauthorised modifications to the website
  9. Knowingly transmit any virus or other disabling feature to or via the website; and
  10. Attempt any of the above acts or permit another person to do any of the above acts

LINKS TO OTHER WEBSITES

This website may contain links to other websites, content or resources, which are owned or operated by third parties. These linked websites are not under our control and we are not responsible for the operation, availability or contents of any linked website or any link contained in a linked website. We provide these links to you for convenience only and the inclusion of any link does not imply our endorsement of the linked website. You access linked websites at your own risk. Subject to any non-excludable rights, we disclaim all warranties, express and implied, as to the accuracy, value, legality or otherwise of any materials or information contained on linked websites. You should carefully review the terms of use and privacy policies of all other party’s websites that you visit.

We reserve the right to prevent third parties from linking to this website.

TERMS OF SALE

Prices shown are in Australian dollars and include GST where applicable. Prices are subject to change. Images of products shown without any advertised price beside that image are not offered for sale. Unless otherwise stated, any accessories shown in any image of products are not included in the price. We reserve the right to correct any errors published on the website.

WEBSITE INFORMATION

Each product or service purchased is sold subject to its Product Description. We will take reasonable care to ensure that all details, descriptions and prices of products appearing on the Website are correct at the time when the relevant information was entered onto our system. Although we aim to keep the website as up to date as possible, the information, including Product Descriptions, appearing on this Website at a particular time may not always reflect the position at the exact moment you place an order.

We reserve the right to withdraw any products from this Website at any time and/or remove or edit any materials or content on this Website without notice.

Photographs of goods are for illustrative purposes only and while we do our best to ensure they match the product description, they may vary from the goods described. Images may include additional elements for demonstration purposes.

PAYMENT

All payments must be made in full prior to collection or delivery.

Payments must be made via Stripe or PayPal secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers.

If you have an account with Oates Welding Services that you wish to charge for a purchase, this can only be done via the telephone or in person.

REFUSAL OF TRANSACTION

We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any product from this Website whether or not that product has been sold, removing or editing any materials or content on the Website, refusing to process a transaction or unwinding or suspending any transaction after processing has begun. 

ORDERS

  1. Please choose carefully we recommend you carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order.
  2. You and Oates Welding Services may enter into a contract for the sale and supply of products and services by you making an offer via the website to purchase a product or service at the price advertised on the website by:
  3. placing an electronic Order for the products or services using the website;
  4. you confirming the Order details in accordance with the procedure on the website;
  5. you making payment in full (plus any applicable delivery charges) on the website; and
  6. the acceptance of that offer by Oates Welding Services.
  7. When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the product(s) and/or service(s) only when:
  8. any requirements set out in these terms have been met;
  9. the electronic instruction containing the offer from you enters and is recorded in our database;
  10. a record is created and stored in our database; and
  11. Oates Welding Services receives in its account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.
  12. You acknowledge that:
  13. the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by Oates Welding Services for reasons beyond either parties’ reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website provider or systems;
  14. to the extent permitted by law, Oates Welding Services is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;
  15. Oates Welding Services may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and
  16. Oates Welding Services may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
  17. You will receive an email from Oates Welding Services as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact us via our website.
  18. If your Order is not accepted by Oates Welding Services, We will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.
  19. Oates Welding Services may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your Order.
  20. Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If Oates Welding Services cannot supply a particular product, Oates Welding Services will notify you by telephone or email as soon as possible.
  21. Oates Welding Services will be deemed to have accepted your Order on the first to occur of issue to you by email of a tax invoice for the sale and the fulfilment of your Order.

SUPPLY & DELIVERY

Subject to you complying with these Terms and acceptance of your Order by Oates Welding Services, We will sell and supply the products and/or services to/for you as shown on your Order confirmation.

Oates Welding Services aims to despatch all product orders within 1-2 business days. In the unlikely event that this is not possible you will be contacted at the earliest opportunity. Oates Welding Services will aim to advise if there are any known delays in processing time before the purchase is made. This information will be available on the delivery page and it is the responsibility of the user to seek this information.

During the order process you will be prompted to select whether you wish to collect your Order from the Oates Welding Services Store or whether you wish the goods to be delivered and accept the delivery charges accordingly.

Orders will only be delivered to Metro Melbourne.

Welding machine repairs will not be given shipping options as it is a service completed at Our store. It is your responsibility to delivery machines for servicing and repair.

COURIER DELIVERY ORDERS

The terms of this clause apply where you select Courier Delivery to have your goods delivered to a specified address. The rate will depend on the order weight and dimensions.

The delivery address must be an address within Metro Melbourne and cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes or parcel lockers.

On acceptance of your Order by Oates Welding Services, Oates Welding Services will aim to despatch to your specified delivery address generally within 1-2 business days.

You will be required to be available in person to accept delivery of your Order.

Oates Welding Services will endeavour to deliver your Order within any stated timeframes for despatch, however Oates Welding Services does not warrant that these timeframes will always be met, as many factors may affect these timeframes.

Oates Welding Services cannot and will not accept responsibility for delivery failures or delays by our third party delivery contractor.

For more information on delivery visit our delivery page.

DELIVERIES THAT REQUIRE A FORKLIFT OR LOADING DOCK

For Courier Delivery, if you are ordering a large item that requires a forklift or loading dock for delivery, it is your responsibility to provide these facilities. Oates Welding Services will advise if these facilities are required for delivery on the product descriptions for relevant items. By ordering an item that specifies these facilities as a requirement and selecting the Courier Delivery option, you are agreeing to have these facilities available at time of delivery. Please note, if when the delivery arrives these facilities are not available, the delivery will be aborted and you will be charged a re-delivery fee. Your original delivery charges will not be refunded.

IN STORE COLLECTION ORDERS

The terms of this clause apply where you select In Store Collection for your products order nominating that you wish to collect the products from the Oates Welding Services Store.

If you select to collect your goods from the Oates Welding Services Store, you will receive an email to notify you when the Order is available for collection.

Orders for collection at the Oates Welding Services Store must be collected within 14 days of you receiving the email that your Order is available for collection. If your Order is not collected within this time, Oates Welding Services has the right to allocate those goods to another customer and reorder the goods for you.

When collecting your items, you are required to supply or present the following:

  • A copy of your order confirmation email
  • Present the credit/debit card that was used to make the purchase. The card name must match the details on the original tax invoice (order confirmation email)
  • Present photographic ID such as a driving licence to confirm that you are the person that has placed the order. The identification must match the billing name and address details listed on the order.

We will only hand goods over if we can be sure that the person collecting is the person who has placed the order. If you are placing an online order on behalf of a company and cannot physically pick-up the order, you will need to supply a driver’s license and written consent authorising a secondary person to act on your behalf in picking up your order. This can be sent via email to info@oateswelding.com.au

If the above procedure is not followed, We reserve the right to not release your order to you.

Organising Your Own Courier

If you have selected In Store Collection with the intention of organising your own courier to collect the order and deliver it to you without facilitation of Oates Welding Services, you will also be subject to any terms and conditions of the provider you select. Oates Welding Services is not liable for any costs associated with delivery of orders that select the In Store Collection option. 

You will be required to organise your own collection and delivery and advise these details to Oates Welding Services in advance of collection. This information must be emailed to info@oateswelding.com.au within 5 business days of you being notified your order is available for collection.

The courier you hire must collect the order within Oates Welding Services business hours. Oates Welding Services will be unavailable for collection attempts outside these hours and We are not liable for any costs associated with a new collection time.

When collecting your items, the courier is required to supply or present the following:

  • Proof that they are there to collect your order
  • Present photographic ID such as a driving licence to confirm that they work for the organisation you have hired to collect your order. The identification must match the information you provided in advance.

We will only hand goods over if we can be sure that the person collecting is a person associated with the organisation who has been nominated to collect the order.

If the above procedure is not followed, the store reserves the right to not release your order.

Oates Welding Services will provide facilities needed to load the order at time of collection. Once the order has been collected by the private courier, Oates Welding Services is no longer liable for any loss or damages to the products.

ORDERS FOR WELDING MACHINE REPAIRS

  1. Prices for welding machine repairs are an initial upfront cost only. This charge includes 1 hours labour to assess, determine requirements for repair and complete any repairs possible without the need of additional parts. Further charges may be applicable based on labour and parts required. These charges will be quoted to you separately after the initial sale and will not be linked to the Oates Welding Services website. You will be liable for any additional charges should you agree to proceed with the repair.
  2. Welding machine repairs do not guarantee the machine will be repaired. This is subject to possibility of repair and agreement for you to cover any additional associated costs. If the machine is not able to be repaired for any reason, the initial charge is non-refundable.
  3. Welding machine repairs must be delivered to the Oates Welding Services store in order to be serviced and/or repaired. It is the sole responsibility of you to ensure it is delivered. Oates Welding Services is not liable for any costs associated with delivering or collecting the machines to the Oates Welding Services store and is not liable for any damages incurred in the process of delivering or return of the machines.
  4. Welding machines must be delivered to the Oates Welding Services store within 14 days of you receiving an order confirmation. If the machine has not arrived within this time, Oates Welding Services reserves the right to cancel the repair and refund you the amount charged less 10% to cover credit card fees and processing time.
  5. We aim to assess all machine repairs within 5 business days however this is subject to change without notice. Any major delays in assessing the machine will be advised by Oates Welding Services as soon as possible. 
  6. Oates Welding Services is not liable for any losses incurred by you as a result of the machine being out of service for assessment, servicing and/or repair.
  7. Once the machine is ready for collection you will receive an email to notify you to collect the machine within 30 days.
  8. If you fail to collect the machine after 30 days of notification, you will be charged a monthly storage fee of $20 AUD that must be paid in full before the machine is released to you. This amount will not be pro rata and will be calculated by calendar month. Failure to pay this fee will result in Oates Welding Services continuing to store the machine which will incur more storage fees. Oates Welding Services is not liable for any losses incurred by you while holding the machine due to failure to pay storage fees.
  9. If the machine is considered uncollected according to Consumer Affairs Victoria, Oates Welding Services reserves the right to dispose of the machine as We see fit and in line with CAV regulations.
  10. Additional information on Uncollected Goods can be found here.

TITLE & RISK IN GOODS

Title and risk in the products, such as loss and damage, pass to you once payment has been completed, on delivery or collection, as the case may be.

PAYPAL AND CREDIT CARD FRAUD

The website employs Stripe and PayPal secure payment gateway to secure our payment systems. We reserve the right to request additional identification from customers, and to reject orders where the ID is not supplied or does not meet our criteria. 

To the extent permitted by law, Oates Welding Services will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card or PayPal account is fraudulently used or is used in an unauthorised manner.

DISCLAIMER AND INDEMNITY

  1. To the extent permitted by law, Oates Welding Services excludes all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
    1. errors, mistakes or inaccuracies on the website;
    1. you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
    1. personal injury or property damage of any kind resulting from your access or use of the website;
    1. any unauthorised access to or use of the website’s secure servers;
    1. any interruption or cessation of transmission to or from the website;
    1. any bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; and/or
    1. the quality or fitness for any purpose of any linked sites.
  2. Except as expressly provided in these terms, and to the fullest extent allowed by the law, Oates Welding Services and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.
  3. You will at all times indemnify, and keep indemnified, Oates Welding Services and each of their related bodies corporate, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms.
  4. This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (Cth).