TIFCO GROUP PTY LTD (ACN 136 764 380)
TRADING AS ATVLIFEGUARDS.COM
WEBSITE TERMS OF SALE
DEFINITIONS
1.”ACL” means the Australian Consumer Law Schedule of the Competition and Consumer Act 2010 as amended from time to time;
2.”ATV” means an all terrain vehicle;
3.”Contract” means any contract for the provision of goods and services by Us to You;
4.”consumer” is as defined in the ACL and in determining if You are a consumer, the determination is made if You are a consumer under the Contract;
5.”goods” means goods supplied by Us to You;
6.”GST” means the Goods and Services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended;
7.”Lifeguard®” means the crush protection device offered for sale on this Site which can be fitted to most makes and models of ATVs;
8.”We”, “Us” or “Our”means Tifco Group Pty Ltd (ACN 136 764 380);
9.”services” means services supplied by Us to You;
10.”Site” means the e-store located at www.atvlifeguards.com;
11.”Terms” means these Terms of Sale;
12.”You” means the person, jointly and severally if more than one, acquiring goods or services from Us.
BASIS OF CONTRACT AND ORDERING
13.These Terms apply exclusively to every Contract and cannot be varied or replaced by any other terms.
14.Any quotation, displayed price, order list or order confirmation provided by Us to You for the proposed supply of goods or services is an invitation to treat only, and is subject to You placing an order which is Your offer to enter into a Contract with Us on these Terms.
15.A Contract is formed when We confirm our acceptance of Your order and receipt of Your payment.
16.We may, in Our absolute discretion, refuse to accept any order from You.
17.We may vary or amend these Terms by written notice to You at any time. Any variations or amendments will apply to orders made by You after the notice date.
18.You must not, without Our prior written consent, purchase the goods for the purpose of re-supply or cause the goods to be displayed on any on-line sale sites.
PRICING AND PAYMENT
19.Prices displayed for the supply of goods and services include GST, and any other taxes or duties imposed on or in relation to the goods and services.
20.Payment for the goods and services must be made strictly by credit card or electronic funds transfer immediately upon confirmation of Your order. Goods will not be dispatched and services will not be provided until full payment has been confirmed.
21.Goods displayed are subject to availability. If any goods are not available, We will inform You within 3 days.
22.In the case of non-availability of goods:
22.1You may request the provision of substitute or similar goods and We will make the appropriate adjustments to or refund of, the purchase price; or
22.2If the goods will become available at a later date, You may request to wait until the goods become available; or
22.3You may cancel Your order and We will make the appropriate adjustment to, or refund of, the purchase price.
RISK AND INSURANCE
23.The risk in the goods and all insurance responsibility for theft, damage or otherwise will pass to You immediately on the goods being dispatched from Our warehouse.
24.The goods are sold to You on the basis that You have obtained all necessary licences or permits under all relevant laws and regulations in relation to the goods.
25.You assume all risk and liability for loss, damage or injury to persons or to Your property or the property of third parties, arising out of the use or possession of any of the goods sold by Us, unless recoverable from Us on the failure of any statutory guarantee under the ACL.
DISCLAIMER
26.The Lifeguard® is designed to minimise the risk of permanent injury and death in the event that an ATV rolls over. We do not make any representations or guarantees that the Lifeguard® eliminates the risks arising from the use of an ATV.
27.You acknowledge that, notwithstanding the use of the Lifeguard®, there are inherent risks associated with the operation of an ATV that could result in serious injury or death, or damage to property or to third parties. These risks increase when the ATV is used for racing, stunt riding or on difficult terrain, public roads or paved surfaces.
28.You also acknowledge that ATV owners and users are responsible for the following:
28.1installation and use of the Lifeguard® in strict conformity with any instructions, including without limitation the Lifeguard Fitting Instructions supplied with the Lifeguard®;
28.2regular checks to ensure the torque settings of the Lifeguard® are in accordance with the Lifeguard Fitting Instructions;
28.3complying with all relevant laws, by-laws and regulations applicable to the use and operation of the ATV;
28.4ensuring that all operators have read the WorkSafe Handbook supplied with the Lifeguard® prior to using the ATV;
28.5maintenance of the ATV in good working condition;
28.6ensuring that the ATV is not operated for any purpose other than for which it was designed; and
28.7implementing appropriate safety measures, such as wearing protective clothing.
DELIVERY
29.We will arrange for the delivery of the goods to You to a nominated delivery address within Australia.
30.Subject to any special offers or promotions, You will be responsible for all costs associated with delivery, including postage or courier delivery, insurance and other charges arising from the point of dispatch of the goods to the point of delivery. Such delivery costs will be calculated and displayed prior to Your payment for the goods.
31.Any period or date for delivery of goods or provision of services stated by Us is an estimate only and not a contractual commitment.
32.We will use our reasonable endeavours to meet any estimated dates for delivery of the goods but will not be liable for any loss or damage suffered by You or any third party for failure to meet any estimated date.
33.If We cannot complete the services by any estimated date, we will complete the services within a reasonable time.
34.We may make part delivery of goods or provision of services.
35.A postage receipt, courier docket or driver’s manifest directing delivery to the address nominated by You will be proof of delivery of the goods.
36.You may be required to provide photo identification at the time of delivery of the goods.
37.You indemnify Us against any loss or damage suffered by Us as a result of delivery or failed delivery, except where You are a consumer and We have not used due care and skill.
LIABILITY
38.Except as the Terms specifically state, or as contained in any express warranty provided in relation to the goods or services, the Contract does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or services or any contractual remedy for their failure.
39.If You are a consumer, nothing in these Terms restricts, limits or modifies Your rights or remedies against Us for failure of a statutory guarantee under the ACL.
40.If You purchase the goods to on-supply to a person who is a consumer:
40.1if the goods or services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, then the amount specified in section 276A of the ACL is the absolute limit of Our liability to You;
40.2if the goods or services are of a kind ordinarily acquired for personal, domestic or household use or consumption, then payment of any amount required under section 274 of the ACL is the absolute limit of Our liability to You; howsoever arising under or in connection with the sale, installation, use of, storage or any other dealings with the goods or services by You or any third party.
41.If clauses 39 or 40 do not apply, then other than as stated in the Terms or any written warranty statement, We are not liable to You in any way arising under or in connection with the sale, installation, use of, storage or any other dealings with the goods or services by You or any third party.
42.We are not liable for any indirect or consequential losses or expenses suffered by You 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, except to the extent of liability imposed under the ACL.
43.Nothing in the Terms is to be interpreted as excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or services which cannot be so excluded, restricted or modified.
ACKNOWLEDGEMENTS
44.You acknowledge that:
44.1You have not relied on any service involving skill and judgment, or on any advice, recommendation, information or assistance provided by Us in relation to the goods or services or their use or application.
44.2You have not made known, either expressly or by implication to Us any purpose for which You require the goods or services and You have the sole responsibility of satisfying Yourself that the goods or services are suitable for Your use.
CANCELLATION
45.If We are unable to deliver or provide the goods or services, then We may cancel Your order (even if it has been accepted) by notice to You.
46.Where Your order is cancelled We will arrange the refund of Your purchase price.
47.No purported cancellation or suspension of an order or any part of it by You is binding on Us once the order has been accepted and payment confirmed.
WARRANTY AND RETURNS
48.Goods provided by Us may be subject to specific warranty terms, limitations and exclusions:
48.1that are supplied with the goods; and
48.2that are available from Us upon request.
49.These express warranty terms are in addition to and do not limit any right or remedy You may have under the ACL.
50.Subject to clause 53, We will not be liable for any shortages, damage or non-compliance with the specifications in the Contract unless You notify Us with full details and description within 72 hours of delivery otherwise You are deemed to have accepted the goods.
51.When any shortages, claim for damaged goods or non-compliance with the Contract specifications is accepted by Us, We may, at Our option, replace the goods, or refund the price of the goods.
52.Subject to clause 53, We will not under any circumstances accept goods for return:
52.1if You can not provide proof of purchase;
52.2that have been altered in any way, fitted, painted or damaged;
52.3that have been used; or
52.4that are not in their original condition and packaging.
53.If You are a consumer, nothing in these Terms limits any remedy available for a failure of the guarantees in sections 56 and 57 of the ACL.
FORCE MAJEURE
54.We are not liable in any way howsoever arising under the Contract to the extent that We are prevented from acting by events beyond its reasonable control including but not limited to industrial disputes, strikes, lockouts, accident, breakdown, import or export restrictions, acts of God, acts or threats of terrorism, or acts of war. If an event of force majeure occurs We may suspend or terminate the Contract by giving You written notice.
MISCELLANEOUS
55.The law of Victoria from time to time governs Your Contract with Us.
56.Our failure to enforce any of these Terms shall not be construed as a waiver of any of Our rights.
57.If any Term is unenforceable it shall be read down so as to be enforceable or, if it cannot be read down, the term shall be severed from the Terms without affecting the enforceability of the remaining terms.
58.A notice must be in writing and handed personally or sent by facsimile, email or prepaid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting. Notices sent by facsimile or email are deemed received on confirmation of successful transmission.