Terms & Conditions – Aussie Outboard

Last Updated: 14th April 2024.

1. Agreement to Terms

1.1 Acceptance

By accessing and using the Aussie Outboard website (www.aussieoutboard.com) or purchasing products from Aussie Outboard Pty Limited ACN 002 827 165 ABN 19 090 470 312 (“Aussie Outboard”, “we”, “us”, “our”), you agree to be bound by these Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.

1.2 Eligibility

You must be at least 18 years old and capable of entering into legally binding contracts to use this website and purchase products. By using our services, you represent and warrant that you meet these requirements.

1.3 Changes to Terms

We reserve the right to update or change these Terms of Service at any time. Changes are effective immediately upon posting. Your continued use of the website following any changes constitutes acceptance of those changes.

2. Products and Pricing

2.1 Product Information

  • We strive to display product information accurately, including descriptions, specifications, and images.
  • Outboard motor specifications are based on manufacturer data and may vary.
  • Colors shown on screen may differ from actual products.
  • We reserve the right to correct any errors, inaccuracies, or omissions

2.2 Pricing

  • All prices are in Australian Dollars (AUD) and include GST unless otherwise stated.
  • Prices exclude delivery charges unless specified as “Sail Away” pricing.
  • We reserve the right to change prices without notice.
  • If a pricing error occurs, we will contact you before processing your order

2.3 Availability

  • Product availability is subject to stock on hand.
  • We reserve the right to limit quantities purchased.
  • Some products may have extended lead times from manufacturers.
  • We will notify you if ordered products become unavailable

3. Orders And Payment

3.1 Order Acceptance

  • Placing an order constitutes an offer to purchase.
  • We reserve the right to accept or decline any order.
  • Order confirmation email does not constitute acceptance.
  • A binding contract occurs only when we dispatch your goods

3.2 Payment Methods

We accept:

  • Bank Transfer
  • PayID

3.3 Payment Security

  • All payment information is processed securely.
  • We do not store credit card details.
  • Transactions are protected by SSL encryption

4. Delivery and Risk

4.1 Delivery Areas

  • We deliver throughout Australia.
  • Remote areas may incur additional freight charges.
  • Some heavy items require special transport arrangements.
  • International shipping is not available

4.2 Delivery Times

  • Standard delivery: 5-10 business days (metropolitan areas).
  • Regional delivery: 7-14 business days.
  • Outboard motors may require additional handling time.
  • Delays may occur due to circumstances beyond our control

4.3 Risk And Title

  • Risk passes to you upon delivery.
  • Title (ownership) passes when payment is received in full.
  • You must inspect goods immediately upon delivery.
  • Report any damage to the carrier and us within 48 hours

4.4 Delivery Charges

  • Calculated based on weight, size, and destination.
  • Free delivery promotions may apply (conditions apply).
  • Installation and pre-delivery are additional unless specified.

5. Returns And Refunds

5.1 Change Of Mind Returns

  • 30-day return period from delivery date.
  • Products must be unused, unopened, and in original packaging.
  • Return shipping costs are your responsibility.
  • Restocking fee of 15% may apply.
  • Refund processed within 14 days of receiving returned goods

5.2 Faulty Products

  • Covered by Australian Consumer Law guarantees.
  • We will repair, replace, or refund at our discretion.
  • Return shipping covered for genuine warranty claims.
  • Report faults promptly for best resolution

5.3 Non-Returnable Items

The following cannot be returned:

  • Installed or used outboard motors
  • Custom-ordered products
  • Hazardous materials (oils, batteries)
  • Products damaged through misuse
  • Clearance or sale items (unless faulty)

6. Warranties

6.1 Manufacturer Warranties

  • Outboard motors include manufacturer warranty
  • Warranty periods vary by brand and model
  • Registration required for warranty activation
  • Service requirements must be met to maintain warranty

6.2 Australian Consumer Law

  • Our goods come with guarantees under Australian Consumer Law
  • These guarantees cannot be excluded
  • You are entitled to replacement or refund for major failures
  • Compensation may be available for reasonably foreseeable loss

6.3 Warranty Exclusions

Warranties do not cover:

  • Normal wear and tear
  • Damage from misuse or neglect
  • Unauthorized modifications or repairs
  • Commercial use (unless commercial warranty purchased)
  • Consequential losses

7. Use of Website

7.1 Acceptable Use

You agree not to:

  • Use the website for unlawful purposes
  • Attempt to gain unauthorized access
  • Interfere with website operation
  • Transmit viruses or harmful code
  • Scrape or harvest data
  • Infringe intellectual property rights

7.2 Intellectual Property

  • All content is owned by or licensed to Aussie Outboard
  • Trademarks and logos are protected
  • You may not reproduce content without permission
  • Product images are for illustration only

7.3 User Content

  • You grant us license to use any content you submit.
  • You warrant content doesn’t infringe third-party rights.
  • We may remove content at our discretion.
  • You remain responsible for your content

8. Privacy and Data Protection

8.1 Privacy Policy

  • Your use is subject to our Privacy Policy
  • We collect and use data as described in the Privacy Policy
  • We protect your personal information
  • You consent to data collection by using our services

8.2 Marketing Communications

  • You may opt-out of marketing at any time
  • Transactional emails will still be sent
  • We don’t sell your data to third parties

9. Limitation of Liability

9.1 Exclusions

To the maximum extent permitted by law:

  • We exclude all implied warranties and conditions
  • We are not liable for indirect or consequential losses
  • Our liability is limited to the purchase price
  • We don’t warrant uninterrupted website access

9.2 Indemnification

You agree to indemnify us against any claims arising from:

  • Your breach of these terms
  • Your use of products
  • Your website activities
  • Your violation of laws or third-party rights

9.3 Force Majeure

We are not liable for delays or failures due to:

  • Natural disasters
  • Government actions
  • Labor disputes
  • Supplier failures
  • Other events beyond reasonable control

10. Safety and Compliance

10.1 Safety Warnings

  • Outboard motors are powerful machinery
  • Professional installation recommended
  • Follow all manufacturer safety guidelines
  • Use appropriate safety equipment
  • Ensure proper boat capacity and compatibility

10.2 Compliance

  • You must comply with all marine regulations
  • Registration may be required for certain motors
  • Environmental regulations apply
  • Age restrictions may apply
  • Professional licensing may be required

11. Dispute Resolution

11.1 Contact Us First

  • Most issues can be resolved directly
  • Contact our customer service team
  • We aim to resolve complaints within 7 days
  • Escalation procedures available if needed

11.2 Australian Consumer Law

  • You have rights under consumer protection laws
  • Contact relevant state consumer affairs if needed
  • ACCC provides guidance on consumer rights

11.3 Governing Law

  • These terms are governed by Victorian law
  • You submit to Victoria courts’ jurisdiction
  • Australian Consumer Law applies nationally

12. General Provisions

12.1 Entire Agreement

  • These terms constitute the entire agreement
  • Supersede all prior agreements
  • Modifications must be in writing
  • Our representatives cannot vary these terms

12.2 Severability

  • Invalid provisions will be severed
  • Remaining terms continue in force
  • Court may modify terms to be enforceable

12.3 Waiver

  • Failure to enforce doesn’t constitute waiver
  • Waivers must be in writing
  • Single waiver doesn’t waive future breaches

12.4 Assignment

  • You cannot assign your rights
  • We may assign to successors or affiliates
  • Terms binding on permitted assigns

13. Contact Information

Aussie Outboard Pty Limited
ACN 002 827 165
ABN 19 090 470 312

Address:
14/141 Taren Point Rd, Caringbah NSW 2229, Australia

Customer Service:
Email: sales@aussieoutboard.com
Phone: +61 3 9917 6232
Hours: Monday-Friday 9:00 AM – 5:00 PM AEST

Website: www.aussieoutboard.com

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