Terms & Conditions of Sale

Thank you for choosing to buy the Oscillot® cat containment system for the perimeter fence of your domestic premises. Before purchasing Oscillot® please read this information;

• Oscillot® is designed to be installed on fences only.

• Every cat has different abilities and every yard and fence has variances which may aid in an escape attempt. What is set out below should contain most cats. However, in rare cases, even where this guide is followed, a cat may escape.

• The minimum recommended fence height for installation of Oscillot® is 6 feet from the ground level adjacent to the fence on your side of the boundary.

• A cat must not be able to jump from the ground to the top of the fence. It will be able to do if it has leverage on the way up from objects such as horizontal rails, trellis, vines, trees, sheds etc.

• Installation on fences lower in height than 6 feet increases the likelihood of a cat being able to scramble up the fence with enough leverage and steadiness to get a paw under or over the system and gain the traction required to get over the fence.

• Timber fences may need additional cat-proofing measures to limit the climbability of the fence. This can include using polycarbonate sheeting installed below Oscillot to prevent the cat getting leverage to scale up and over Oscillot®.

• Oscillot® installed around the perimeter of your yard can only be effective at containing your cats if all other means of exit have been closed off. This means that at a minimum you must:-

• prevent you cat from using outbuildings, trees, open doors or house roofs to exit your yard.

• Make sure your cats cannot dig/crawl under fences or barriers.

• Block off any spaces between fences and buildings where your cat may squeeze through.

• Remove items such as garbage bins, building materials, barbeques etc. that may assist your cat to scale fences, walls or barriers.

• Remove shrubbery, bushes and trees and tree branches near fences that your cat may use to escape.

• Install tree guards around trunks of trees with branches that overhang fences and buildings.

• The system has been extensively tested and proven to be consistently effective when installed according to our Installation Guide. Additional cat proofing may be required in rare circumstances.

• Although it can help deter stray cats, Oscillot® is not designed to keep stray cats out of your yard or for dog containment.

• You must check if council approval is necessary before you install Oscillot®.

• You must get written permission from anyone affected by the installation of Oscillot®. This may include:-

• your landlord if you are renting; and/or

• your neighbour if you wish to install Oscillot® on a shared fence; and/or

the common property owner if you are in an apartment or retirement village.

1. Acceptance

(a) This website (Site) is operated by 10256722 Canada Inc. DBA Oscillot North America (we, our or us). It is available at: https://oscillotamerica.com and may be available through other addresses or channels.

(b) By accessing and/or using the Site you:

(1) warrant to us that you have reviewed these terms and conditions including our Website Terms of Use, our Refunds & Returns Policy, our 3 Year Product Warranty, our 60 Day Money Back Guarantee and you have read our Privacy Policy (available on the Site);

(2) warrant to us that you have the legal capacity to enter into a legally binding agreement with us; and

(3) agree to use the Site in accordance with the Terms.

2. Orders

(a) You may order products from us as set out on the Site. Any order placed through the Site is an offer by you to purchase a particular product or products for the price notified (including the delivery and other applicable charges and taxes) at the time you place your order.

(b) We may, at our absolute discretion, accept or reject an order. We will endeavour to notify you of a rejection at the time of the order or within a reasonable time thereafter.

(c) Each order that we accept results in a separate binding agreement between you and us for the supply of products in accordance with the Terms.

(d) It is your responsibility to check the order details, including selected products and pricing, before you submit your order through the Site.

(e) When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, an order ID, the delivery and billing addresses and a description of what was ordered.

3. Product Information and Permissions

(a) The colour chart and product images on the website and on packaging constitutes a guide only.

(b) The colours depicted on the website or packaging may be differ to the colour that is supplied to you because of batches of powder coating, changes in lighting etc.

(c) You acknowledge that the colour of the product supplied to you may not match the colour of your existing fence, capping etc.

(d) You must obtain all necessary permissions and consents (including any local Council approvals) to install Oscillot® on to your fence.

(e) We make no representation as to the requirement for any permits, approvals or permissions.

4. Price and payments

(a) You must pay us the purchase price of each product you order plus any applicable delivery costs based on the delivery options selected by you as set out on the Site (the Price) in accordance with this clause. All amounts are stated in USD and are inclusive of sales tax (where applicable). We display delivery costs separately from the product price.

(b) You must pay the Price using one of the methods set out on the Site.

(c) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the Price.

(d) If we offer payment via a third party payment processor, the payment may be subject to the payment processor’s terms and conditions.

(e) Where you order the products for delivery outside Australia, you may need to pay custom charges or taxes in addition to the Price.

(f) We may from time to time issue promotional discount codes for certain products on the Site. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site. The conditions of use relating to promotional discount codes will be specified on the Site at the time they are issued. We may also from time to time run competitions on the Site or associated social media platforms. Such competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.

5. Availability and Cancellation

(a) All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products.

(b) We reserve the right to cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order.

6. Delivery, Title and Risk

(a) If possible we will deliver the products to the delivery address you provide when making your order.

(b) Delivery costs are set out on the Site.

(c) All products are prepared and packaged to order. We normally dispatch products within 5 business days of receiving an order, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company.

(d) If you request any changes to an order including colour change, change in quantity, change of fixing screws and or change in brackets, in addition to any changes in cost, a $33 restocking charge will be applied

(e) You can give an ‘Authority to Leave’ (ATL) status for any order for less than 60 feet of paddles. This means that the courier may leave your order at the front door of your shipping address. If an ATL is not given, you will need to make arrangements with the courier for re-delivery.

(f) An order containing more than 60 feet of paddles may require more than one person to unload the consignment from the delivery truck and an ATL will not be provided.

(g) Title to the products will remain with us until you have paid us the Price in full in accordance with the Terms. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.

(h) Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order. Where an ATL is not given and delivery cannot be effected, risk will pass when the first unsuccessful delivery is attempted.

7. Returns and Refunds

(a) Any returns or refunds will be made in accordance with our Refund and Returns Policy, available on the Site.

8. Intellectual property

(a) All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms and the products) will at all times vest, or remain vested, in us.

(b) You must not, without our prior written consent:

(1) copy or use, in whole or in part, any of our intellectual property;

(2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or

(3) breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of our intellectual property; causing any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.

9. Domestic Sales Only

(a) These terms and conditions apply to sales of the product where you are a “consumer” as defined under the Consumer Law.

(b) We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

(c) We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

10. Limitations

(a) Nothing in the Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Consumer Law. In North America, our goods come with guarantees which cannot be excluded under the Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.

(b) Despite anything to the contrary, to the maximum extent permitted by law and without limiting your rights as a consumer under the Australian Consumer Law:

(1) our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim; and

(2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,

whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

(c) Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:

(1) loss of, or damage to, the products, or any injury or loss to any person;

(2) failure or delay in providing the products; or

(3) breach of the Terms or any law, where caused or contributed to by any:

(4) event or circumstance beyond our reasonable control; or

(5) act or omission of you or your related parties,

and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the products.

11. General

(a) Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).

(b) Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

(c) Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.

(d) Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.

(e) Photographs: If you provide us with photographs of the products, including via email or by tagging us on social media, you consent to us publishing such photographs and details (including but not limited to your name, location and date) for our marketing purposes including on the Site and social media.

(f) Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.

(g) Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.

(h) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

(i) Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.

(j) Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.

(k) Governing law: These Terms are governed by the laws of Canada. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Canada and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Canada and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Canada. If you access the Site from outside Canada, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.