Sometime around 1952, Jack opened the first Surf Shop in a garage across the Great Highway. He shaped a few balsa surfboards and sold accessories like paraffin wax and a few vests he started gluing together from neoprene. When the vests started selling, Jack decided to go into the wetsuit business. His friends laughed. They asked him what he planned to do for business after the handful of surfers in the area had bought one. Jack said he'd cross that bridge when he got to it.
The Surf Shop became a local gathering place, and the number of surfers began to grow. O'Neill flew talanted surfer/shapers like Phil Edwards to make boards, and wetsuit sales climbed. Jack developed designs for a shorty and a long john, and eventually a long-sleeved beaver-tail jacket. Soon surfers were riding more waves, and riding them better, in large measure because they could now enjoy longer sessions in cold water, thanks to Jack's neoprene suits.
As Jack improved his wetsuits - new styles, features, accessories etc, surfers's territories expanded. Northern California became a year-round surf zone. Guys were surfing New Hampshire and Rhode Island in January! Explorations and transplants opened up Oregon, Washington, and Canada. Meanwhile, divers, waterskiers, snow-skiers, and then windsurfers were wearing wetsuits. As business boomed, O'Neill relocated to 41st Avenue, where there was plenty of room for a large manufacturing facility, and he put all six kids to work: Mike helped dad design suits, Kathy got the whole operation computerised, Pat worked in promotion and organised Team O'Neill (marquee stars and hot young kids in a range of watersports) Bridget moved into a new sportswear division, Shawn tested and multi-tasked, and Tim ran all crews for ongoing product-testing expeditions and promotions, as O'Neill began to sponsor major competitions around the world.
By 1980, Jack O'Neill's surf shop had morphed into a thriving international company, dominating the world's wetsuit market and one of the leaders in beach lifestyles sportwear in the U.S., Japan, and Europe. In 1985, having run Team O'Neill for years and effectively coordinating the company's operations in Europe and Japan, Pat assumed the CEO position, freeing Jack to surf, sail, and work at a variety of environmental projects. Besides a strong interest in saving the great white shark from extinction, Jack has also developed the O'Neill Sea Odussey program - a free, educational cruise aboard the Team O'Neill catamaran that acquaints kids with the microbiology of the Monterey Marine Sanctuary, which begins at Jack O'Neill's doorstep.
REGIONAL HEADQUARTERS O'NEILL ASIA PACIFIC
13b Clearview place,
Brookvale NSW 2100
t. (02) 9438 6800
f. (02) 9438 6899
TERMS AND CONDITIONS OF TRADE
1. Acceptance of Order
O'Neill may accept any Order in whole or in part. Shipping by O'Neill of Products for delivery pursuant to an Order (whether by single or multiple delivery) shall be taken as acceptance to the extent shipped. Accepted Orders may not be varied or cancelled by the Customer and (subject to the conditions set out here in) there is no right of return.
The price of the Products shall be as displayed on the latest published price list, or otherwise such amount as indicated on invoices provided by O'Neill to the Customer regarding Products ordered. The latest published price list shall apply to all shipments after publication. Prior to acceptance of an Order, O'Neill may change its published prices at anytime without notice.
Products ordered from O'Neill are quoted ex Works Brookvale Warehouse, NSW. O'Neill may charge for freight and handling at rates dependent on distance and volume of Products supplied. The rates are subject to change at any time without notice.
Administrative fees may be charged for sales below certain dollar values as may be determined by O'Neill from time to time.
3. Credit Granting
O'Neill may accept an Order and allow credit for part or all of its value or may accept an Order and require pre‑payment as a condition of delivery. Credit approval once granted may be withdrawn at anytime. Where credit approval has not been granted, or is withdrawn, payment of all Products supplied is required before delivery. Where credit has been approved for the Customer, all invoices issued by O'Neill are due and payable no later than thirty (30) days from the end of the month in which the goods were delivered to you (or such other date for payment as the Customer and O'Neill may agree in writing).
4. Prompt Payment Discount
A prompt payment discount will only apply if no other amount is overdue and the Customer and O'Neill agree in writing. Any discount will be credited to the Customer account when the associated payment is receipted.
O'Neill reserves the right to recover from the Customer any Products and Services Tax (GST) payable in respect of supply of Products. Unless expressly included all amounts expressed or described in any agreement, price list or in invoices are GSTexclusive.
Delivery of Products may not be refused by the Customer after an Order has been accepted by O'Neill. Where prices are stated as inclusive of delivery, delivery is to the delivery point accepted by O'Neill. The Customer shall make all arrangements necessary to accept delivery of the Products whenever they are tendered for delivery. In the event that the Customer is unable to accept delivery of the Products as arranged, then O'Neill shall be entitled to charge a reasonable fee for redelivery. Delivery of theProducts to a third party nominated by the Customer is deemed to be delivered to the Customer for the purposes of this agreement. The failure of O'Neill to deliver by a time specified by the Customer shall not entitle the Customer to treat that contract as breached or repudiated. O'Neill shall not be liable for any loss or damage or expense arising from failure by O'Neill to deliver the Products promptly or at all.
7. Retention of Title to the Products Pending Payment
Orders are accepted on condition that ownership of the Products shall remain with O'Neill and shall not pass to the Customer until O'Neill has received in full (cash or cleared funds) all sums due to it in respect of the Products and all other sums which are or which become due to O'Neill from the Customer on any account. Until ownership of the Products has passed to the Customer; the Customer shall keep the Products in question as fiduciary agent and bailee for and on behalf of O'Neill. The Customer shall store and segregate the Products (at no cost to O'Neill) in such a way that they can be identified as O'Neill's property, shall keep them properly stored, protected and insured and shall deliver them to O'Neill upon request and O'Neill shall be entitled to enter the premises where they are stored to retrieve them at any time and may resell such Products without the Customer's consent. The Customer will however be entitled to sell such Products within the ordinary course of business on condition that so long as title to such Products remain with O'Neill, that O'Neill shall legally and beneficially be entitled to the proceeds of sale that the Customer shall hold on trust for O'Neill in aseparate account or where applicable the Customer will assign or transfer to O'Neill the claims the Customer has in respect of such sales.
8. Passing of Risk
The Risk (but not title) in respect of Products sold passes to the Customer immediately upon delivery of the Products to the Customer or upon collection of the Products by the Customer, the Customer's agent or any courier as the case may be.
9. Personal Properties Securities
The Customer acknowledges that by virtue of clauses 7 and 20 O'Neill has a security interest in the Products for the purposes of the Personal Property Securities Act 2009 (Cth) (PPS Act) and to the extent applicable the PPS Act applies.
The Customer acknowledges that O'Neill may do anything reasonably necessary, including but not limited to registering any security interest which we have over the Products on the Personal Property Securities Register established under section 147 of the PPS Act Order to perfect the security interest and comply with the requirement of the PPS Act.The Customer agrees to do all things reasonably necessary to assist O'Neill to undertake the matters set out above. The Customer waives pursuant tos.157(3)(b) of the PPS Act the right to receive notice of a verification statement in relation to any registration on the register.
The Customer and O'Neill agree that, pursuant to section 115 of the PPS Act, the following provisions in the PPS Act do not apply in relation to a security interest in the goods to the extent, if any, mentioned (words in this provision have the same meaning as in the PPS Act):
i. section 129 (disposal by purchase);
ii. section 125 (obligation to dispose of orretain collateral) in that O'Neill may extend the time for delay as O'Neill considers appropriate;
iii. section 130 (notice of disposal), to the extent that it requires the secured party to give a notice to the grant or before disposal;
iv. subsection 132(4) (statement of account if no disposal);
v. section 135 (notice of retention);
vi. section 142 (redemption of collateral);
vii. section 143 (reinstatement of security agreement);
Any indent Product that has been specially ordered for a Customer (whether locally or from overseas) or which does not form part of the range in the current O'Neill published price list shall not in any case be eligible for return. The minimum indent order amount is $5,000.
11. Mail Order and Internet
All Products purchased from O'Neill are prohibited from resale by mailorder or through the internet unless prior written consent is given by O'Neill.
12. Credit Card recovery of costs
A service fee may be added to the price where payment is made by way of a credit card.
O'Neill warrant that for the warranty period listed in paragraph 14, from the date of purchase of the original Product it willreplace or repair, at its sole discretion, any of its Products that are defective in materials or workmanship, as follows:
a. Due to the nature of many of its Products, O'Neill reserve the right to replace any faulty Product with what it fairly judges to be a similar style as available, should this be necessary;
b. This warranty does not apply to Products that have been altered, broken or damaged by misuse, tampered with in any way or where the fault arises from a failure to follow the recommended storage, display, product care or maintenance instructions provided with the Products;
c. O'Neill does not warrant against normal wear and tear were the Product was not defective when shipped for delivery;
d. In no event shall the liability of O'Neill for defective Products exceed the invoiced price of the Products concerned.
14. Warranty Periods
a. Wetsuits 12months from the date of delivery
b. Other Products 3 months from the dateof delivery
15. Claims and Returns
The Customer will inspect and check all Products received and within 7 days notify O'Neill in writing of any shortage in quantity, defect, incorrect specification, damage or Products not in accordance with the Customer's Order. The Customer is responsible for checking that Products comply with those Ordered prior to use. The Customer agrees that it will not return any of the Products without first requesting or applying to O'Neill so that a Return Authorisation number (RA) may be issued by O'Neill forvalid returns.
Where a RA has been issued, those Products to which it relates must be returned within ten (10) business days of issue of the RA.The returned Products must be unmarked, clean, dry and in a saleable condition and must include the original packaging.
No credit or replacement will be given unless and until Products so returned have been verified as being valid for return or are defective and are returned with a valid purchase order/receipt. O'Neill reserves the right to recover its costs where the returned Products prove not to be valid for return or are not defective. O'Neill does not accept colour orsize exchanges. Products bought as discontinued lines or sales and seconds may not be returned.
Returned Products must be returned to O'Neill at 13B Clearview Place Brookvale NSW 2100 Australia or to Reply Paid 113 Brookvale NSW 2100. All freight, handling and other charges in relation to returning Products (other than Products defective or not ordered) are the responsibility of the Customer.
16. Intellectual Property
O'Neill is the owner and/or licensee of various trade marks an all copyright, design and other intellectual property rights associated with the Products sold to the Customer (IP Rights).The customer acknowledges that it has no right or interest in any of the IP Rights and that it will not use or deal with the Products or the IP Rights other than by selling or promoting the sale of the Products in a way which does not damage the image or reputation of O'Neill or its Products.
If the Customer defaults under any of these Terms and Conditions of Trade, the Customer must, if requested by O'Neill, at anytime:
a. Immediately stop marketing and selling the Products;
b. Immediately stop displaying or using any material (including packaging, point of sale and advertising material) containing any IP Rights and destroy or return that material as directed by O'Neill;
c. Give O'Neill a detailed inventory of all Products in its possession or control within 3 days of such request;
d. Return to O'Neill, at the Customers expense, any Products not paid for; and/or
e. Sell and deliver to O'Neill or its nominee any other Products as nominated by O'Neill for the price at which O'Neill sold the Products to the Customer less an allowance for any damage to the Products.
The Customer shall notify O'Neill immediately if it becomes aware of the infringement of any IP Rights in the Products by any person.
The Customer shall not be entitled to set off against or deduct from the price of Products sold any sums owed or claimed to be owed to the Customer by O'Neill.
18. Disputed Charges
If the Customer objects to any invoiced item, the Customer may withhold payment of the disputed amount, but only if on or before payment or the due date for payment (whichever first occurs), the undisputed amount is paid in full and notice in writing of the dispute is given to O'Neill, setting out the details of the amount disputed, the reasons for the dispute, and the basis for calculating the disputed amount. O'Neill will investigate all disputes. If the amount is found to be payable (in whole or in part) then the Customer must pay the due amount within 7 days of receiving notice and the basis of the decision. Invoiced amounts that are not objected to in writing within 30 days of the invoice date will be deemed to be correctly charged.
19. Credit Policy and Default
O'Neill may charge interest on all amounts not paid by the Customer within the term for payment at a rate of 2% per calendar month calculated from the due date and accruing monthly there from until the date of payment. If the Customer defaults in payment of any invoice when due and payable, the Customer shall indemnify O'Neill from and against all expenses costs and disbursements incurred by O'Neill in pursuing the debt including all reasonably charged legal costs on a "solicitor and own client" basis and the fees charged to O'Neill by any mercantile agency. If the Customer fails to pay for the Products in accordance with invoices issued to the Customer, O'Neill may at its sole discretion:
a. cancel any provision of credit to the Customer;
b. reverse any rebates and discounts allowed;
c. require cash pre‑payment for any further Products ordered;
d. provide to a credit reporting agency details of the payment default;
e. commence legal proceedings against the Customer (and any guarantors) for all outstanding amounts, interest and costs;
f. decline to supply Products to the Customer and terminate any other agreement with the Customer; and
g. exercise any other rights at law.
A certificate of debt signed by a representative of O'Neill shall be prima facieevidence and proof of money owing by the Customer to O'Neill at that time.
Not withstanding any other provision to the contrary, if any amount is not paid by the Customer within the term for payment, O'Neill reserves the following rights in relation to the Products until all amounts owed by the Customer to O'Neill in respect of the Products and all other Products and services supplied to the Customer by O'Neill at anytime are fully paid:
a. legal and equitable ownership of the Products;
b. to retake possession of the Products; and
c. to keep or resell any of the Products repossessed.
The Customer hereby grants full leave and irrevocable license without any liability to O'Neill and any person authorised by O'Neill to enter any premises where the Products may for the time being be placed or stored for the purpose of retaking possession of the Products.
21. Returned Cheques
An administration fee of $50 plus all associated bank charges may be applied to any cheque payment returned unpaid by the bank for whatever reason.
22. Disclaimer and Limitation of Liability
The Trade Practices Act and various State Acts imply certain warranties into transactions which incertain circumstances cannot be excluded. Not withstanding this (but subject to such laws as necessarily apply) the Customer acknowledges that it has not relied on any advice given or made by or on behalf of O'Neill in connection with the Products. O'Neill excludes all implied conditions and warranties from this agreement, except any conditional warranty (such as conditions or warranties implied by the Trade Practices Act and State Acts) to the extent that they cannot be excluded ("Non Excludable Conditions"). O'Neill limits its liability:
a. for breach of any Non‑Excludable Conditions to the extent that liability for such breach can by law be limited to the invoice cost of the Products supplied; and
b. for any error or omission in delivery of the Products caused by O'Neill to (at O'Neill's sole discretion) resupply of the Products affected by the breach, or the payment of the cost of resupply.
Subject to this Clause, O'Neill excludes all other liability to the Customer for any costs, expenses, losses and damages suffered or incurred by the Customer in connection with this agreement whether that liability lies in contract, tort (including O'Neill's negligence) or understatute. Without limitation, O'Neill will in no circumstances be liable for any indirect or consequential losses, including loss of profits, loss of revenue and loss of business opportunity. The Customer indemnifies O'Neill and its officers, employees, contractors and agents against any costs, expenses, losses, damages and liability suffered or incurred arising from the Customer's breach of this agreement and any negligent or unlawful act or omission of theCustomer in connection with the Products.
The Customer may not assign or subcontract any contract for the purchase of Products or its obligations under this agreement.
24. Force Majeure
O'Neill will have no liability to the Customer inrelation to any loss, damage or expense caused by O'Neill's failure to complete an order or delivery or contract as a result of fire, flood, tempest, earthquake, riot, civil disturbance, theft, crime, strike, lock‑out, war or the inability of O'Neill's suppliers to supply necessary materials or any other matter beyond O'Neill's control.
25. Privacy Information
O'Neill may give information about the Customer, its guarantors, directors or proprietors to a credit reporting agency for the following purposes:
a. to obtain a consumer credit report about the Customer, its guarantors, directors or proprietors;
b. allow the credit reporting agency to create or maintain a credit information file containing information about the Customer, its guarantors, directors or proprietors; and
c. to obtain commercial credit information about the Customer, its guarantors, directors or proprietors from a credit reporting agency.
26. Waiver of terms of agreement
The failure by O'Neill to exercise, or delay inexercising, any right, power or privilege available to it under this agreement will not operate as a waiver thereof or preclude any other or further exercise thereof or the exercise of any right or power.
27. Proper Law
The agreement is governed by and will be construed in accordance with the laws of the State of NSW and the parties agree to submit to the exclusive jurisdiction of the Courts of the State of NSW.
28. Entire Agreement
This document represents the entire agreement between the parties and may not be amended except in writing signed by each of the parties.
O'Neill may serve any notice or Court document onthe Customer by forwarding it by ordinary pre-paid post to the address of the Customer last known to O'Neill, or where a fax number or an email address has been supplied by the Customer, by sending it to that number or address.
If any term of this agreement shall be invalid, void, illegal or unenforceable, the remaining provisions shall not be affected, prejudiced or impaired.
O'Neill may assign or licence or subcontract all or any parts of its rights and obligations hereunder without the Customer's agreement or consent.
All amounts quoted or invoiced are in Australian dollars. Payments remitted in foreign currency must include all related bank charges and currency conversion costs.
Except as otherwise agreed in writing, these terms and conditions shall apply to all sales to Customers by O'Neill. To the extent that these terms and conditions (as published on the website of O'Neill) may be varied over time by O'Neill then the conditions current at the time of acceptance of any specific order or part of an order shall apply. O'Neill shall not be required nor responsible to notify the Customer of the existence or content of any such variation.
In the event that the Customer sells or otherwise disposes of its business (or any part thereof), the Customer shall be responsible to immediately notify O'Neill in writing of such sale to enable the account to be closed. If the Customer fails to so notify then the Customer shall be jointly and severally liable with the third party acquiring the business (or part thereof) to O'Neill for the payment of Products subsequently sold to the third party on the Customer's account before O'Neill received such notice as if the Customer had ordered the Products itself.
"O'NEILL" means O'NEILL AUSTRALIA PTY LTD (ABN 49 097 384 757).
"Customer" means the party placing the Order with O'Neill.
"Order" means an offer by a Customer to purchase Products from O'Neill.
"Products" includes any Products, services or materials.
General Warranty Information and Policy
If the product is found to be defective under normal use and proper care, O'Neill will repair or replace the product at our sole discretion. The decision to replace or repair a product is made by the O'Neill Warranty Department after receipt of the defective product. At no time does O'Neill offer refunds. Defective product should be returned clean and dry, postage prepaid, with a completed O'Neill Warranty Repair Tag. The repair tag should include product description, product defects, requested action, return address (be sure to include postal code ), daytime phone number with area code, customer's name and a copy of the purchase receipt sent to the address below.
Suits without a copy of the purchase receipt will NOT BE COVERED UNDER WARRANTY.
The following will not be Covered Under Warranty
• Products classified as seconds
• Fading from sunlight
• Materials over 1 year (from date of original purchase), or 90 days for accessories
• Repairs or alterations done by anyone other than O'Neill or an O'Neill authorized repair facility
• Warranty request without original receipt
For warranty return information: 1-800-107-766
All flat-stitched products, glued and blindstitched products,
and fluid seam weld products:
• Limited 1-year warranty (from date of original purchase)
on workmanship and materials.
Neoprene Dry Suits, Waterproof Zipper Excluded:
• Limited 1-year warranty (from date of original purchase)
on workmanship and materials.
Fabric Dry Suit, Waterproof Zipper and Latex Seals Excluded:
• Limited 1-year warranty (from date of original purchase)
on workmanship and materials.
• Limited 90-day (from date of original purchase)
warranty on workmanship and materials.
General Repair Information
For repairs received from the dealer or end user, O'Neill offers a:
• 5-Business Day Turnaround for warranty Stitched Suits
• 10-Business Day Turnaround for warranty Glued Suits
• 20-Business Day Turnaround for warranty Fluid Seam Welded Suits
• 30-Business Day Turnaround for all Fabric Dry Suits
• 30-Business Day Turnaround for all Non-Warranty Repairs
Repairs are to be returned clean and dry, postage paid with the O'Neill Warranty Repair Tag completely filled out. Please include the name and a daytime phone number with area code, return address (be sure to include postal code), product description, and requested action. Send (UPS is our suggested shipper) the suit with the tag to:
O'Neill Warranty Repair
13b Clearveiw Place,
Brookvale, NSW 2100
Examples of suits that will be rejected for repair
The following suits will be rejected for repair and returned to the customer. Even if the customer is willing to pay for the repair, we will not accept the suit, as doing so will take away resources from valid repairs, jeopardizing their turnaround time.
Home repairs have been done, including but not limited to:
• Re-gluing of seams using Aqua Seal, or like product.
• Patching of seams using duct tape, rubber patches, or like product.
• Re-sewn seams with sewing machine or by hand using needle and thread.
The suit is clearly worn and should be retired; some symptoms include but are not limited to:
• Cracked, dry neoprene
• Product has been misused or improperly cared for
Generally, any excessive repairs considering the condition and age of the suit.
1. O'Neill does not accept color or size exchanges.
2. Any return will be charged a 20% restocking fee.
3. Product may not be returned without obtaining a Return Authorization("RA") number from O'Neill. The RA number may be obtained by calling O'Neill Customer Service at 1-800-107-766. This RA number must be clearly visible on the outside of all returned packages. The issuance of RA's is subject to the sole discretion of O'Neill.
4. All return requests must be accompanied by the invoice/customer order number on which the goods were shipped.
5. All returned products must be shipped freight prepaid. Unauthorized and freight collect returns will be refused.
6. Authorized returns will be credited back to dealer including the discount terms after receipt of product Changes or additions to existing RA's must be approved by an O'Neill Sales Manager. Unauthorized changes or additions will be returned.
7. O'Neill has the right to refuse any returned product that is damaged by any means including but not limited to improper packing or improper display methods at dealer's location, or damage caused by customers.
8. "Discounted," "Discontinued," "Seconds", and "Altered" suits are FINAL SALES ONLY. NO RETURNS FOR ANY REASON WHATSOEVER
O'Neill New Zealand
Unit B, 11 Douglas Alexander Parade
Al Boom Marine
Showroom 7, 212 Al Ramoul,
32-34 Royal Road,
X Games (Wind N' Surf Intl. Ltd)
Shop 8-9, UG Car Po Commercial Building
18-20 Lyndhurst Avenue, Central.
13b Clearview Place
Brand Marketing Department 2,
Section 1, 1-3, Kyutaro-machi,
4 Chome, Chuo-ku,
Japan / Wetsuits
Mobby Dick, INC.
345 Kayemon, Kanomata,
Yangjaedong Guendong Bld.1F
Republic Of Korea
VGO Corporation Limited
10 Changi South Lane
Eunice Tow (GM Sports dividion)
Singapore / Malaysia / Wetsuits
Xtreme Board Sports
Ghim Moh Estate Post Office
P.O Box 160,
W.O.S World of Sports (M) Sdn Bhd
No. 17 Jalan 13/142
Taman Orkid Desa
Fang Chee Ming
Pure Apparel Sport CC
1st floor, San Angelo Building
218 Stamford Bill/Matthews Meyiwe Road
Berea, Durban 4001
Xtreme 1 Inc.
9F-3, No 369
Fu Hsing North Road
Taipei, Taiwan 104