Components Of The Agreement
The Omeo Purchase Agreement (“Agreement”) is made up of the following documents:
- Terms & Conditions: These Terms & Conditions, which become effective on the date you place your order (”Order Date”).
- Purchase Invoice: The Purchase Invoice describes the Omeo that you ordered (“Omeo”), confirms the base price for your Omeo (“Base Price”) and any taxes, if applicable. The Purchase Invoice will be sent to you shortly after you make your order.
High-level summary of the order process (as set out in these Terms and Conditions):
- Order Date: The date you place your order (“Order Date”).
- Purchase Invoice : The Purchase Invoice will be sent to you shortly after you make your order, confirming your order and the Omeo Price, and any taxes if applicable.
- Deposit: In order for your order to be valid, you must pay us the Deposit in full on receipt of the invoice.
- Week 1 until delivery: We will prioritise assembly of your Omeo (unless we have one already in stock). We anticipate the commencement of assembly will take up to approximately 6 to 10 weeks.
- Delivery: We will endeavour to deliver your Omeo within 1 week provided payment has been made in full.
Terms & Conditions
1. Agreement To Purchase
1.1. Agreement: When you place an order you will purchase the Omeo from Adapt Ability Limited, authorised Omeo Distributor.
1.2. Authorised Distributor: When you place your order with us, you will be required to undertake a Pre-Trial Assessment and undergo a trial with the Omeo, and have a declaration signed by you and the relevant Authorised Agent, stating that you have demonstrated the ability to be a competent, safe and responsible user of an Omeo. Your order will not be confirmed as a valid order until both the assessment and trial have been completed.
1.3. Availability of features: Omeo is priced and configured based on features and options available at the time of order. Options or features released after you place your order may not be included in your Omeo.
1.4. Discontinuation: We may cancel your order and refund your payment, or part of your payment if we discontinue a product, feature or option after the Order Date.
2. Payments And Charges
2.1. Timing of payments:
2.1.1. Deposit: The Deposit is payable on receipt of the Purchase Invoice
2.1.2 Payment in full: The full amount is payable before delivery of your Omeo.
2.1.3. Delivery: Delivery of your Omeo will occur in accordance with clause 5 of this Agreement following payment in full of the Purchase Price.
3. Your deposit
3.1. Refundable: Your deposit will be held by us and applied against the Purchase Price. If your order does not proceed to a sale, your deposit will only be refunded to you where:
3.1.1 you withdraw your order within the time period set out in clause 4.1.1; or
3.1.2. you are not (and have not been) in breach of any of your obligations under this Agreement (including any payment obligation) and we fail to make your Omeo available for shipping to you in accordance with this Agreement.
4. Assembly Of The Omeo
4.1. The provisions of this clause 4 apply where you are purchasing an Omeo that has not yet been assembled as at the Order Date:
4.1.1 Week 1: We will submit your order production one (1) week after receipt of the payment in full. During this period prior to the submission of your order to our assembly plant, you may cancel your order or make any changes to your configuration without incurring any costs.
4.1.2. Week 2 until delivery: When we submit an instruction to the assembly plant for the assembly of your Omeo, your payment becomes earned and non-refundable, except to the extent you are entitled to a refund under clause 3.1 of this Agreement. Once the assembly of your Omeo is actually underway, changes to your configuration will be difficult, if not impossible, for us to accommodate. If you want to make changes to your configuration, we will try to accommodate your request. If we can accommodate your request, you will be subject to potential price increases for any pricing adjustments made since your original Order Date. Any changes made to your configuration, including changes to the Base Price, will be reflected in a revised Purchase Invoice confirmation that once prepared, will replace the original Purchase Invoice and form part of this Agreement.
5.1. Notification of shipping and delivery: We will notify you of when we expect your Omeo to be ready for delivery by email (or any other reasonable means of communication available to us) (“Delivery Notification”). We will arrange for your Omeo to be delivered to you (or you may pick up from us), so that we can induct you in the features and train you in the use of your Omeo (“Omeo Training”).
5.2. Extension: If you are unable to take delivery at the specified delivery date, please contact us to request additional time, which we may grant at our sole discretion.
5.3. Estimate: The estimated delivery dates of your Omeo is an estimate only and is not a guarantee of when your Omeo will actually be delivered.
6.1. Warranty: Subject to clause 7.1, the Omeo Technology New Omeo Warranty set out at Schedule 1 and updated from time to time (the “Warranty”) will apply upon delivery of you Omeo.
6.2. Except as specified in schedule 6.1 and to the extent that we cannot exclude any warranty implied by law, you acknowledge and agree that we provide no additional warranties in respect of your Omeo.
7. Limitation Of Liability
7.1. Omeo Training: if you do not undertake the Omeo Training referred to in clause 5.1:
7.1.1. to the extent permitted by law, you will be deemed to have waived your rights to claim under any Warranty which arises as a consequence of your use of your Omeo, where such claim would not (or would be unlikely to) have arisen had you undertaken Omeo Training (as determined by us, acting reasonably);
7.1.2. you acknowledge and agree that we (and our associates and Agents) shall have no responsibility or liability to you whatsoever in respect of your use of your Omeo or any loss or damage suffered or incurred by you in connection with your use of your Omeo; and
7.1.3. you will indemnify us (and our Authorised Agents and affiliates) (“indemnified persons”) against any loss, liability, cost or claim suffered or incurred by an indemnified person (“Loss”) as a consequence of your use of your Omeo, where such Loss would not (or would be unlikely to) have arisen had you undertaken Omeo Training (as determined by us, acting reasonably).
7.2. No consequential damages: We accept liability to you for our breach of contract or negligence under the principles applied by the courts and for breach of any non-excludable rights under consumer protection laws and otherwise on the terms of this Agreement but, to the maximum extent permitted by law, we are not liable for any incidental, special, consequential or punitive damages.
7.3. Liability cap and time limit: Our aggregate liability under this Agreement is capped at the price actually paid to us by you under this Agreement. Any claim against us under this clause 7 must be made within one (1) year from the occurrence of the first event giving rise to that claim.
7.4. Application of consumer law: If you are, or hold yourself out to be, acquiring the Omeo for business purposes, the provisions of the Consumer Rights Act 2013 shall not apply.
8.1. No resale: You acknowledge and agree that we sell Omeos directly to end consumers for personal use, and that you are not purchasing the Omeo for any other purpose, including the purposes of resale or reverse engineering (or to enable another person to carry out that purpose). We may unilaterally cancel any order that we believe (in our sole discretion) has been made for this purpose (or a similar purpose) or has otherwise been made in bad faith, without compensation to you.
9.1. Severability: If one or more provisions of this Agreement are held to be unenforceable under applicable law, such provision shall be excluded from this Agreement and the balance of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms.
9.2. Force Majeure: Despite any other provision of this Agreement, we will not be liable to you under this Agreement to the extent that any breach of this Agreement by us was caused by an event (or events) outside of our reasonable control, including acts of God, war, civil unrest, sabotage, epidemics, legislative change, labour stoppages or disputes, and electrical or telecommunications faults.
9.3. Assignment: We may assign this Agreement, at our sole discretion, by notice to you.
9.4. Entire Agreement: The terms of this Agreement constitute the entire understanding and agreement in relation of the subject matter of this Agreement between us and you. Terms not expressly contained herein are not binding.
10. Returns Policy
10.1. Returns: Following the delivery of the Omeo from Adapt Ability, a return can be made subject to the following conditions:
10.1.1. A request for return is made within 60 days of delivery.
10.1.2. There is no evidence of use and the packaging remains in good condition.
10.1.3. A handling fee of 10% of the purchase price will be charged between the 15th and 25th day.
10.1.4. Between 25-60 days a handling fee of 15% will be charged.
10.1.4. There will be an additional collection charge of £25 – £200 if the item requires collection from a customer.