1. License Terms

  1. By agreeing to these terms and conditions the Purchaser understands that he/she/it is purchasing a single user license for any Safe Work Method Statement, Safe Work Procedures or OHS System documentation (‘Documentation’).
  2. A single user license can only be used by the person/company purchasing the Documentation for internal Occupational Health and Safety compliance.
  3. The Documentation cannot be assigned, sub-licensed or transferred to a third party or resold for any reason whatsoever without the expressed written consent of OHS Documents Australia Pty Ltd.
  4. The Purchaser can only reproduce the Documentation for the sole use of the Purchaser.
  5. The Purchaser (and his/her/its safety consultants) is required to obtain a separate license in order to supply OHS Documents Australia Pty Ltd products to a third party.

2. Warranties

  1. OHS Documents Australia Pty Ltd warrants;
    1. all due care and consideration is made during the development of the Documentation; and
    2. the Documentation is format compliant pursuant to the Occupational Health and Safety Act 2000, meeting the Australian standards.

3. Compliance and Acknowledgements

  1. Modifications to the Documentation should be made so that it is specific to the associated work site, risks and hazards.
  2. It is the sole responsibility of the Purchaser and not OHS Documents Australia Pty Ltd to;
    1. complete the mandatory fields of the Documentation.
    2. include in the Documentation any additional duties and working conditions, being contingencies outside the scope of the Documentation.
  3. The Purchaser acknowledges;
    1. the Documentation is supplied on a non-site specific, generic basis only, and risk assessments are to be conducted prior to any implementation of the Documentation.
    2. on site Occupational Health and Safety Auditing and Gap Analysis assessments should be performed before and after implementation to ensure any site specific risks are identified and eliminated or reduced where possible.
    3. Consultation with workers and or contractors and opportunity for discussion is fundamental in implementing an effective Occupational Health and Safety system.

4. Liability

  1. The Purchaser acknowledges that he/she/it has not relied on any advice given or representation made by or on behalf of OHS Documents Australia Pty Ltd.
  2. OHS Documents Australia Pty Ltd excludes all implied conditions and warranties from these terms, except any condition or warranty (such as conditions and warranties implied by the Trade Practices Act and equivalent State acts) which cannot by law be excluded ('Non-Excludable Condition').
  3. OHS Documents Australia Pty Ltd limits its liability:
    1. for breach of any Non-Excludable Condition (to the extent that liability for such breach can by law be limited); and
    2. for any other error or omission in the Documentation caused by OHS Documents Australia Pty Ltd, to (at OHS Documents Australia Pty Ltd’s option) the re-supply of the Documentation affected by the breach, or payment of the cost of re-supply.
  4. Subject to clauses 4.b. and 4.c., OHS Documents Australia Pty Ltd excludes all other liability to the Purchaser for any costs, expenses, losses and damages suffered or incurred by the Purchaser in connection with these terms, whether that liability arises in contract, tort (including by OHS Documents Australia Pty Ltd’s negligence) or under statute. Without limitation, OHS Documents Australia Pty Ltd will in no circumstances be liable for any indirect or consequential losses, including loss of profits, loss of revenue and loss of business opportunity.
  5. The Purchaser indemnifies OHS Documents Australia Pty Ltd and its officers, employees, contractors and agents (the 'Indemnified') against any costs, expenses, losses, damages and liability suffered or incurred by the Indemnified arising from the Purchasers breach of these terms and any negligent or unlawful act or omission of the Purchaser in connection with the Documentation.

5. Tendering

  1. Documents purchased from OHS Documents Australia Pty Ltd may be submitted for tender application purposes on a confidential basis, and at no time are documents to be used for public distribution.

6. General

  1. These terms represent the entire agreement of the Purchaser and OHS Documents Australia Pty Ltd in relation to the purchasing of the Documentation and cannot be varied except in writing by an authorised officer of OHS Documents Australia Pty Ltd. No purchase order or other document issued by the Purchaser will vary these terms.
  2. The Purchaser will seek the assistance of OHS Documents Australia Pty Ltd should the Purchaser be uncertain of any content found within the Documentation.
  3. These terms are governed by and takes effect and will be constructed in accordance with the laws of New South Wales, and the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales and courts entitled to hear appeals there from.