Bob Oram Design

Terms and Conditions of Sale.

By purchasing a product from Bob Oram design, you agree to the following terms and conditions.

1 .Sale and Purchase.

In consideration of payment of the price set forth in the attached Order Form the seller sells to    the buyer a license to use the plans hereinafter called “the plans” described in the attached Order Form upon these terms of sale.

 

2.  Passing of title.

Title to the licence to the plans sold shall pass to the buyer upon payment in full and delivery in accordance in clause 3 hereof.

 

3.  Delivery of goods.

The seller must make the plans available for collection by or delivery to the buyer at a date and time agreed by the parties and specified in the Order Form subject to the performance by the buyer of all the buyers obligations hereunder.

 

4. Copyright/ Design rights.

The copyright, design rights and all other intellectual property rights in the plans or boats or other goods sold pursuant to this agreement shall at all times remain the property of the seller. 

 

5. No Reproduction.

None of the plans sold may be copied in full or in part by the buyer unless specifically permitted in writing by the seller to do so.

 

6. Licence.

The buyer may use the plans purchased for the sole purpose of constructing one boat.

 

7. Further Payment.

If the buyer wishes to use the plans for constructing more than one boat then the buyer must seek the sellers written consent and pay the additional licence fee.

 

8. Liability.

a. The plans sold pursuant to this agreement are sold in good faith, having regard of  the technical knowledge and information available to the seller at the time of sale.

 

b. So far as may be permitted by law, the seller excludes any representations or warranties, whether expressed or implied, with respect to the plans sold, including but not limited to any warranty of merchantability, fitness for the purpose or otherwise and  will not, to the maximum extent permitted by law accept any liability for any loss, damage, or personal or other injury or liability, howsoever arising out of the sale or supply of the plans sold pursuant to

this agreement.

 

In the event of the buyer departing from the plans in the construction or maintenance of the boat without the express written authority of the seller then any warranty actual or implied as to the estimated performance or the fitness for the purpose of the plans or the boat shall be void and  unenforceable.

 

c. The seller reserves the right to deem a boat built by or on behalf of the buyer to be unworthy of being advertised, branded or otherwise promoted as a Bob Oram Design  boat, if the design has, in the opinion of the seller, been sufficiently altered or the plans have been deviated from to such an extent that the seller considers such alterations to be less than satisfactory and in that event the buyer will not advertise or otherwise nominate his boat as a Bob Oram Design.

 

9. Third party builder.

a. If the buyer purchases plans and engages a builder to build and or construct one or more boats pursuant to this agreement, the buyer shall  procure from the builder a covenant in favour of the seller that the builder will not copy, sell or otherwise use the plans.

 

b. The seller may refuse to deliver the plans until after the buyer has procured from the builder and provided to the seller the covenant required by sub-clause a. of this clause.

 

10. Restrictions on assignment.

The buyer must not without the prior written consent of the seller, which may be granted or refused absolutely or granted subject to conditions, transfer or assign his interest in the plans or goods sold pursuant to this agreement.

 

11. Jurisdiction.

The parties agree that the laws of the State of Queensland shall apply to this agreement and that the Courts of the State of Queensland shall have sole jurisdiction in respect to any dispute arising under this contract.

Web Design by Bob Oram and Art Malak

© 2018 Bob Oram Design

Queensland, Australia.