Terms and Conditions for Online Purchase
1. Definitions
In these Conditions:
"Terms" means these Terms and Conditions of Trade, "Customer" means a person, firm or corporation, jointly and severally if there is more than one, acquiring goods or services from Outdoor Power;
"Goods" means goods or services supplied by Outdoor Power to the Customer;
"GST" means any goods or services or value added tax, including GST within the meaning of the Goods and Services Tax Act 1999;
"Intellectual Property" means all copyright, patents, trade marks, names, formulae, specifications, confidential information and all modifications, improvements and enhancements (whether registerable or not) owned by Outdoor Power or its parent company in respect of the Goods.
"Outdoor Power" means Clayton Investments Pty Ltd ABN 25 009 703 235 of 1/75 Kremzow Rd, Brendale and 24 Healey Road, Dandenong Victoria
"Price" means the price stated in Outdoor Power’ online store.
2. Basis of Contract
2.1 The Terms apply exclusively to every contract for the sale of Goods by Outdoor Power to the Customer and cannot be varied or supplanted by any other terms or conditions, unless agreed by Outdoor Power in writing.
2.2 Any order placed by the Customer is an offer. An order will not be accepted until Outdoor Power communicates acceptance to the Customer by electronic means or it has provided the Goods.
2.3 Where the particular model of a product ordered is no longer available and has been replaced by a new model, Outdoor Power may substitute the new model.
3. Privacy Policy
3.1 Outdoor Power value the privacy of our customers. Outdoor Power will protect all personal details and will not provide them to any other organisation or individual.
3.2 All information collected by Outdoor Power is only used for the purpose of processing the customers order and delivery of the requested goods. Unless specifically indicated.
3.3 Information provided for an order will not be held for future orders.
4. Pricing
4.1 Prices indicated on the online store is the supplied price inclusive of GST.
4.2 The freight price is fixed and is indicated by the quoted price.
4.3 All prices mentioned are quote in AUD. All transactions are processed in AUD.
5. Delivery and Shipping
5.1 Goods will be shipped by Australia Post or StarTrack Express within two working days of confirmation of the order.
5.2 Standard shipping costs of A$7.95 will be charged per product.
5.3 Goods will be delivered to the customers house or premises.
5.4 Goods are insured in transport from the Outdoor Power warehouse to the customers premises against theft or damage. Outdoor Power do not accept liability for goods once they are delivered to the house or premises. Final scanning of the delivered goods is proof that delivery has been made.
5.5 Goods will only be delivered within Australia.
5.6 If goods can not be shipped, the customer will be notified by email or phone within 2 working days.
6. Intellectual Property
6.1 The Customer acknowledges Outdoor Power’ title to the Intellectual Property in or related to any of its Goods and shall not claim any right, title or interest in the Intellectual Property nor use any of the intellectual Property other than necessary for the proper use of the Goods.
6.2 Documents pertaining to the Goods provided by Outdoor Power, such as illustrations, drawings and measurements are only approximate and are not binding.
7. Performance of contract
7.1 Any period or date for delivery of Goods stated by Outdoor Power is intended as an estimate only and is not a contractual commitment.
7.2 Outdoor Power may, at its discretion, make part delivery of the Goods.
8. Warranty & Returns
8.1 It is the Customer's responsibility to inspect all Goods delivered for shortages or damages.
8.2 The Customer must notify Outdoor Power in writing within 3 days of any short supply or damaged Goods. The Customer must comply with any instructions from Outdoor Power for the return of any Goods.
8.3 Outdoor Power provides a limited warranty on the terms of the Instruction Booklet provided with the Goods and the Leader Guarantee Policy provided on the Product Website.
8.4 If; through circumstances beyond its control, Outdoor Power is unable to affect delivery or provision of Goods or Services, then Outdoor Power may cancel the Customer's order (even if it has already been accepted) by notice in writing to the Customer.
8.5 Orders that have been accepted by Outdoor Power may not be cancelled by the Customer after the Goods have been dispatched by Outdoor Power.
9. Refund Policy
9.1 A full refund will be provided from Outdoor Power to the customer if the goods are returned to the Outdoor Power warehouse within 3 working days of purchase, if:
9.1.1 The goods deemed by Outdoor Power to have not been used.
9.1.2 All fittings and attachment sold with the products returned with the product.
9.1.3 Instruction Manual and packaging in 'as new' condition.
10. Liability
10.1 Except as specifically set out in these Terms, or contained in any warranty statement provided with the Goods, any term, condition or warranty in respect of the quality, merchantability, fitness for purpose, condition, description, assembly, manufacture, design or performance off the Goods, whether implied by statute, common law, trade usage, custom or otherwise, is expressly excluded.
10.2 Replacement or repair of the Goods or re-supply of the services is the absolute limit of Outdoor Power’ liability howsoever arising under or in connection with the sale, use of, storage or any other dealings with the Goods by the Customer or any third party.
10.3 Expenses is not liable for any indirect or consequential losses or expenses suffered by the Customer or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party.
10.4 Outdoor Power will not be liable for any loss or damage suffered by the Customer where Outdoor Power has failed to meet any delivery date or cancels or suspends die supply of Goods.
10.5 Outdoor Power will not be liable for any loss or damage suffered by the Customer or any third party where Outdoor Power has failed to meet any delivery date or cancels or suspends the delivery or provision of the Goods.
10.6 Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or supply of services which cannot be excluded, restricted or modified.
11. Miscellaneous
11.1 The laws of the State from time to time govern the Terms and the parties agree to the exclusive jurisdiction of the courts of the State, the Federal Court of Australia, and of courts entitled to hear appeals from those Courts.
11.2 Should one or more of the above clauses be void, this shall not affect the validity of the remaining provisions.
11.3 Headings are for convenience only and do not affect the interpretation of this agreement.
12. Security Policy
12. 1 When purchasing from Clayton Investments Pty Ltd your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology.128-bit SSL encryption is approximated to take at least one trillion years to break, and is the industry standard. If you have any questions regarding our security policy, please contact our customer support centre info@outdoorpower.com.au
Outdoor Power
A division of Clayton Investments Pty Ltd ABN 25 009 703 235
1/75 Kremzow Rd, Brendale Q 4500
Ph: (07) 3881 2770 Fax: (07) 3881 2780
24 Healey Rd, Dandenong Vic 3175
Ph: (03) 9706 9922 Fax: (03) 9706 9533
Document last revised June 2011
