Terms and Conditions

By using this website, submitting an enquiry, or accessing the Open Dock client platform (the "Platform"), you agree to these terms. If you are agreeing on behalf of a business, you warrant that you are authorised to bind that business ("you", "the Client").

Where you and Open Dock sign a separate services agreement, order confirmation or statement of work, that document prevails to the extent of any inconsistency.

Website content is provided for general information. Figures, timeframes and savings shown are indicative examples based on typical engagements and are not a promise of outcome. You must not misuse the site, attempt to gain unauthorised access, scrape it at scale, or interfere with its operation.

All quotes are indicative and non-binding until Open Dock issues a written order confirmation and you accept it. Quotes are valid for 14 days unless stated otherwise and assume supplier pricing, exchange rates and freight rates current at the time of quoting.

An order is formed only when a written order confirmation is accepted and any required deposit is received.

Open Dock acts as your procurement and supply chain manager. Unless expressly agreed in writing, we contract with suppliers as your agent, or as principal for resale where the order confirmation says so. We are not the manufacturer of the goods.

Our obligation is to exercise due care and skill in sourcing, vetting, negotiating, inspecting and coordinating logistics. We do not guarantee that any supplier will perform, only that we will manage the relationship diligently and pursue remedies on your behalf.

You are responsible for approving the specification and any pre-production sample. Once approved, that sample and specification are the agreed standard against which goods are inspected.

Inspection is conducted on a sampling basis using recognised AQL standards unless 100% inspection is agreed and quoted. Sampling reduces, but does not eliminate, the risk of defects. Minor variation in colour, finish, weight and dimension within industry tolerance is not a defect.

Prices are quoted in Australian dollars unless stated otherwise. Landed-cost estimates include our best assessment of freight, duty and clearance at the time of quoting. Where exchange rates, freight rates, fuel or emergency surcharges, duties or supplier input costs move by more than 3% between quote and shipment, we may pass the variation through with written notice and supporting evidence before it is incurred where practicable.

Unless otherwise agreed: a deposit is payable on order confirmation, with the balance payable before dispatch or on the terms in the order confirmation. Invoices are due within the stated terms. Overdue amounts accrue interest at 2% above the RBA cash rate, calculated daily, and we may suspend work or withhold release of goods while an amount is overdue. Fees are exclusive of GST unless stated.

Estimated lead times and transit times are estimates only. Open Dock is not liable for delays caused by supplier capacity, port congestion, carrier schedule changes, weather, customs inspection, quarantine holds, industrial action or other events outside our reasonable control.

You are responsible for duties, taxes, quarantine and clearance charges, demurrage and storage unless the order confirmation states they are included. You must provide accurate information for customs declarations; we rely on the information you supply.

Risk in goods passes according to the Incoterm stated in the order confirmation. Where Open Dock supplies as principal, title in goods passes only on receipt of payment in full, and until then you hold the goods as bailee. We may register a security interest under the Personal Property Securities Act 2009 (Cth).

You are responsible for confirming that the goods, their labelling, packaging and intended use comply with Australian law, including mandatory safety and information standards, electrical and gas approvals, and any industry-specific requirements. We will advise on known requirements and arrange testing where instructed, but we do not provide legal or regulatory certification advice.

You warrant that the goods you ask us to source do not infringe third-party intellectual property and are not subject to sanctions or import prohibition.

You must inspect goods on arrival and notify us in writing of any shortage, damage or non-conformity within 10 business days of delivery, with photographs and the affected quantities. Latent defects must be notified within 60 days of delivery. Claims outside those windows may be unrecoverable from the supplier or insurer and we cannot accept them.

Where a claim is valid, our remedy is to pursue replacement, repair, credit or refund from the supplier or insurer on your behalf, and to pass through what is recovered.

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy under the Australian Consumer Law that cannot lawfully be excluded. Where our liability can be limited, it is limited at our option to resupplying the services or paying the cost of having them resupplied.

Subject to the above, our aggregate liability arising out of or in connection with an order is capped at the total fees paid to Open Dock for that order. We are not liable for indirect or consequential loss, loss of profit, loss of revenue, loss of anticipated savings, loss of opportunity, or business interruption.

You indemnify Open Dock against claims arising from specifications you supplied, your breach of these terms, or your breach of law.

Each party must keep the other's confidential information confidential and use it only for the engagement. You retain ownership of your designs, drawings, brand assets and specifications, and grant us a licence to use them to perform the services. We retain ownership of our processes, templates, supplier network data and the Platform.

Supplier identities, pricing structures and our internal assessments are our confidential information and must not be disclosed or used to contract around us during the engagement or for 12 months after it ends.

Where we grant you access to the Platform, access is non-exclusive, non-transferable and for your internal business use only. You are responsible for the security of your credentials, for the actions of your users, and for notifying us immediately of any suspected compromise.

You must not:

• Share accounts, or allow access by anyone outside your organisation.
• Attempt to access data belonging to another client.
• Probe, scan, penetration-test or reverse engineer the Platform without written consent.
• Upload malicious code, or content that is unlawful or infringing.
• Use automated extraction of data beyond the features we provide.

Your order, shipment and document data remains yours. We provide the Platform on a commercially reasonable availability basis without a formal uptime guarantee unless one is stated in your agreement, and may perform maintenance with reasonable notice. On termination we will make an export of your data available for 30 days.

Neither party is liable for failure to perform caused by events outside its reasonable control, including natural disaster, epidemic, war, sanctions, cyber attack on third-party infrastructure, government action, port closure or carrier failure. Payment obligations for work already performed are not suspended.

Orders may be cancelled before supplier production commences, subject to costs already incurred, including tooling, samples, deposits and our fees for work performed. Once production has commenced, cancellation is subject to the supplier's terms. Either party may terminate an ongoing engagement on 30 days' written notice, or immediately for material breach that is not remedied within 14 days.

These terms are governed by the laws of New South Wales, Australia, and both parties submit to the exclusive jurisdiction of its courts. If a provision is unenforceable it is severed and the rest continues. A failure to enforce a right is not a waiver of it. We may update these terms; the version published at the time you place an order applies to that order.

For how deposits, cancellations and refunds are handled, see our Deposits, Cancellations and Refunds policy. To raise an issue, see our Complaints and Dispute Resolution policy.

Questions: info@opendock.com.au, Sydney NSW, Australia.