Home / 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 1.80 metres 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 1.80 metres 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.

TERMS & CONDITIONS OF SALE – DOMESTIC
These terms and conditions contain hyperlinks to and incorporate documents from Oscillot’s website including Oscillot’s:-
1. Refund and Returns Policy;
2. Shipping Page;
3. Product Warranty; and
4. Privacy Policy
Should you require hard copies of any of these documents, please contact us on 1300 897 340.
These Terms & Conditions of Sale apply only to sales by Us by retail to Customers who are acquiring the Product for personal and domestic use.
1. Definitions
In these Terms & Conditions of Sale (‘Agreement’), unless the subject or the context otherwise requires:
1.1. “Customer” or “You” means the party or any person acting on behalf of and with the authority of the Customer that the Order is provided for.
1.2. “Indirect, Special or Consequential loss or damage” includes any loss of:
1.2.1. income, profit or business;
1.2.2. goodwill or reputation; and
1.2.3. value of intellectual property.
1.3. “Invoice” means any invoice for Products supplied to you.
1.4. “Order” means any order paced by the Customer for Products through our web site www.oscillot.com.au or by phone or email which order has been accepted by Oscillot by the issue of an Invoice.
1.5. “Price” is the amount invoiced for Products supplied to you.
1.6. “Products” means any products and/or materials provided by Oscillot pursuant to an Order.
1.7. “Supplier”, “Oscillot”, “we”, “us” and “our” all mean OSCILLOT PROPRIETARY LTD, ABN 25 625 733 879 of 7/490 Scottsdale Drive, Varsity Lakes QLD 4227,
1.8. In the interpretation of this agreement:
1.8.1. words importing the singular include the plural and vice versa;
1.8.2. words importing one gender include the other genders;
1.8.3. A reference to a monetary amount or to “$” is a reference to Australian dollars;
1.8.4. a reference to any party or other person includes that person’s successors and permitted assigns;
1.8.5. a reference to a statute, ordinance or other legislation includes any amendment, replacement or re-enactment thereof for the time being in force and includes all regulations, by-laws and statutory instruments made thereunder;
1.8.6. a reference to this or any other document includes a reference to that document as amended, supplemented, novated or replaced from time to time;
1.8.7. a reference to a recital, clause or schedule is a reference to a recital, clause or schedule of this agreement;
1.8.8. a reference to writing includes all means of reproducing words in a tangible and permanently visible form;
1.8.9. a reference to time is a reference to time in the State of Queensland;
1.8.10. a reference to a person includes a natural person, corporation, partnership, trust, estate, joint venture, sole partnership, government or governmental subdivision or agency, association, cooperative and any other legal or commercial entity or undertaking;
1.8.11. where a party comprises two or more persons any agreement or obligation to be performed or observed by that party binds those persons jointly and each of them severally, and a reference to that party is deemed to include a reference to any one or more of those persons; and
1.8.12. the headings in this agreement are not to affect its interpretation.
2. General
2.1. Every sale pursuant to an Order, and all variations to Orders agreed between Oscillot and the Customer shall be deemed to incorporate the terms of this Agreement.
2.2. If an inconsistency exists and/or exists between an Order and this Agreement, then this Agreement will prevail.
2.3. Subject to any legal obligations, we reserve the right to refuse to supply anyone for any reason at any time.
3. Product Information
3.1. The colour chart and product images on the website and on packaging constitutes a guide only.
3.2. 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.
3.3. You acknowledge that the colour of the Product supplied to you may not match the colour of your existing fence, capping etc.
4. Permissions
4.1. You must obtain all necessary permissions and consents (including any local Council approvals) to install Oscillot® on to your fence.
4.2. Oscillot makes no representation as to the requirement for any permits, approvals or permissions.
5. Placement of orders
5.1. Acceptance of your order will be communicated by the issue of an Invoice to you. When you have paid the Invoice in full, we will place an order for the Product.
5.2. An order for the production of your Products will be placed once the invoice is paid.
5.3. Oscillot reserves the right to decline requests for any Products not specified in an Order.
6. Price
6.1. The Price shall be the lower of:
6.1.1. the price set out on Oscillot’s website as at the date of Order; or
6.1.2. as detailed on the Order.
7. Order Processing
7.1. All Products are prepared and packaged to order.
7.2. Allow up to 5 business days for your order to be processed and packaged for despatch.
7.3. 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.
8. Delivery
8.1. We will use our best endeavours to have your Products delivered within the time set out on our Shipping Page.
8.2. You can give an ‘Authority to Leave’ (ATL) status for any order for less than 40 metres 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.
8.3. An Order containing more than 40 metres of paddles may require more than one person to unload the consignment from the delivery truck and an ATL will not be provided.
8.4. The Customer must inspect the Products on or immediately after delivery. If the Customer becomes aware that any Products are Defective as at the time the Products are delivered, the Customer may make a claim against Oscillot in accordance with our Refund and Returns Policy.
8.5. Transit times are an estimate only, please allow a maximum 20 business days from dispatch date for Australian and 30 business days for international delivery from dispatch date in rare circumstances where delivery issues arise.
9. Payment
9.1. Customer must make full payment of the Price to Oscillot on receipt of an Invoice.
9.2. Payment may be made electronically through the Supplier’s payment gateway on the website or by credit card or electronic funds transfer to the account set out on Oscillot’s Invoice.
10. Title and risk
10.1. Title will pass to the Customer upon despatch of the Products to the Customer.
10.2. Risk in the Products shall pass upon delivery to the Customer.
10.3. Where an ATL is not given and delivery cannot be effected, risk will pass when the first unsuccessful delivery is attempted.
10.4. Unless otherwise agreed, delivery will occur at the address set out in the Order.
11. Goods and Services Tax
11.1. GST refers to Goods and Services tax under the A New Tax System (Goods and Services Tax) Act 1999 (“GST Act”) and terms used herein have the meanings contained within the GST Act.
11.2. The Price for Oscillot expressed in this Agreement is inclusive of Oscillot’s liability of GST.
11.3. On sale:
11.3.1. the Customer will pay to Oscillot, in the total purchase Price, the amount payable by Oscillot of GST on the taxable supply made by Oscillot under this Agreement; and
11.3.2. Oscillot shall deliver to the Customer a Tax Invoice for the supply in a form which complies with the GST Act.
11.4. Should any taxes or other statutory charges be imposed or if there is a change in the rate of any tax or statutory charge imposed between the date of the invoice and the date of payment, the difference will become the responsibility of the Customer and the Customer will be invoiced for the extra charge by Oscillot.
12. Liability
12.1. The Customer acknowledges that Oscillot shall not be liable for, and the Customer releases Oscillot to the fullest extent permitted by law from any demands, claims, actions, suits, costs and expenses now or later arising in relation to:
12.1.1. faulty or defective Products; and
12.1.2. physical, mental, or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of the Products.
12.2. Except as provided in clause 13 all express and implied warranties, guarantees and conditions under statute or general law as to merchantable quality, description, quality, suitability or fitness of the Products for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded.
12.3. Oscillot does not represent that it will provide and/or deliver any Products unless it is included in the Order.
12.4. Subject to the Customer’s rights under clause 13.2, the Customer acknowledges that in the event of any breach of this Agreement or negligence by Oscillot the remedies of the Customer shall be limited to damages (including indirect, special or consequential loss), that under no circumstances shall exceed the Price.
13. Warranties & Consumer Guarantees
13.1. Products are covered by the Product Warranty published on its website at the time of the Customer’s purchase.
13.2. The Product comes with guarantees that cannot be excluded under the Australian 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.

13.3. For further information or to make a claim, contact –

Oscillot Proprietary Ltd
7/490 Scottsdale Drive
Varsity Lakes
QLD 4227
AUSTRALIA
Phone: 1300 897 340
Email: info@oscillot.com.au

14. Indemnity
The Customer agrees to indemnify, defend and hold harmless Oscillot its partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal costs, made by any third-party due to or arising out of the Customer’s breach of these Terms and conditions or the documents they incorporate by reference, or the Customer’s violation of any law or the rights of a third-party.
15. Domestic Sales Only
15.1. These terms and conditions apply to sales of the Product where the Product is to be used by you for your personal and domestic purposes.
15.2. We reserve the right to refuse any Order you place with us.
15.3. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
15.4. 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.
15.5. If we make a change to or cancel an Order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
16. Privacy
16.1. The terms of Oscillot’s Privacy Policy are incorporated into this Agreement.
17. Cancellation & Returns
17.1. Cancellation by Supplier:
17.1.1. Oscillot may cancel any Order or cancel delivery of Products at any time before the Products are delivered, by giving written notice to the Customer. Such may occur where stock is unavailable or where in Oscillot’s reasonable opinion, the Customer proposes to on-sell Products. On giving such notice Oscillot shall repay to the Customer any sums paid in respect of the Price. Oscillot shall not be liable for any loss or damage or consequential loss or damage whatever arising from such cancellation.
17.1.2. Without prejudice to Oscillot’s other remedies at law, Oscillot shall be entitled to cancel all or any part of any Order of the Customer which remains unfulfilled and all amounts owing to Oscillot shall, whether or not due for payment, become immediately payable in the event that:
17.1.2.1. any money payable to Oscillot becomes overdue and after a request for payment in writing has been made; or
17.1.2.2. the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
17.1.2.3. a receiver, manager, liquidator or similar person is appointed in respect of the Customer or any asset of the Customer or any judgment is taken out against the Customer and remains unpaid for more than seven days.
17.2. Cancellation by Customer:
17.2.1. The Customer may cancel any Order up to seven days before the Products are delivered by giving written notice to Oscillot.
17.2.2. Subject to clause 17.2.3 if the Customer cancels an Order less than seven days before delivery of Products, the Customer shall be liable for any loss incurred by Oscillot (including, but not limited to, any loss of profits) up to the time of cancellation.
17.2.3. If the Customer places an Order with Oscillot and Oscillot places an Order with a third party Supplier, to meet the Customer’s request, and if the Customer cancels the Order and the Products have already been dispatched and/or sub-contracted works already performed, the Customer shall be liable for:
17.2.3.1. the Price of the Products ordered; and
17.2.3.2. any other charges associated with the sub-contracted work.
17.3. Change of Mind Returns
17.3.1. Oscillot offers a change of mind returns policy for all non-defective paddles, brackets and posts, provided that they do not comprise a special order.
17.3.2. Any non-defective paddles, brackets and posts must be returned to Osciullot in saleable condition and be accompanied by the original Invoice within 60 days of despatch.
17.3.3. The Customer must pay the return shipping costs.
17.3.4. If, in Oscillot’s its reasonable opinion the goods are in a saleable condition, a refund of the purchase price for goods returned pursuant to this clause 17.3 will be made within 15 business days of the goods being received by Oscillot.
17.3.5. If Oscillot determines not to refund the purchase price under this clause, the Customer may notify Oscillot in writing within 10 business days of being so notified not to receive a refund of the purchase price but for the returned products be re-delivered to the Customer at the Customer’s cost. Goods not collected within 30 days of return to Oscillot will be deemed to have been abandoned.
18. Set-off
18.1. The Customer shall have no right of set-off in any suit, claim or proceeding brought by Oscillot against the Customer for default in payment.
18.2. The Customer acknowledges that Oscillot can produce this clause in bar of any proceeding for set-off.
19. Disputes / claims
19.1. The Customer agrees that should a dispute arise regarding the Products, the dispute must be addressed with Oscillot in the manner set out in the Refunds and Returns page.
20. Jurisdiction
20.1. This Agreement is deemed to be made in the State of Queensland and all disputes hereunder shall be determined by the appropriate courts of Queensland.
21. Intellectual property
21.1. Oscillot owns or has the right to use for the purposes of its business all present and future rights to intellectual property in its Products, its branding on its Products and all related Documents, including inventions and improvements, trade marks (whether registered or common law trade marks), patents, designs, copyright, and any corresponding property rights.
21.2. The Customer may not use Oscillot’s trade marks, including the trade mark ‘Oscillot’ (words and logo) in connection with any product or service that is not Oscillot’s in any manner without Oscillot’s written permission.
21.3. All other intellectual property (including trade marks) not owned by Oscillot that appear on Oscillot’s Products and its website, is the property of respective third parties, who may or may not be affiliated with or connected to Oscillot.
22. Entire agreement
22.1. This Agreement and any documents referred to in this Agreement, including the Refunds & Return Policy, and Product Warranty posted by us on our site at constitute the entire agreement and understanding between you and us and govern the sale of our products.
22.2. Any ambiguities in the interpretation of this Agreement shall not be construed against the drafting party.
22.3. The parties expressly waive all prior representations made by them or on their behalf, whether oral or written, that are in conflict with any terms in this Agreement (including, but not limited to, any prior versions of the Terms & Conditions of Sale).
23. Severance
23.1. If any words of this Agreement shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired and the offending words shall be deemed as severed from this Agreement.
24. Waiver
The failure by Oscillot to enforce any provision of the Agreement shall not be treated as a waiver of that provision, nor shall it affect Oscillot’s right to subsequently enforce that provision.
25. Contact information
Questions about the Terms & Conditions of Sale should be sent to us via email at info@oscillot.com.au.