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Interpretation and Definitions

The following terms have the meaning explained below:
1. “Australian Consumer Law” means the law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended from time to time, and any equivalent State or Territory legislation.
2. “ATV” means an All-Terrain Vehicle, being a motorised four-wheeled vehicle designed primarily for off-road use, typically fitted with a straddle-type seat like that of a motorcycle and controlled via handlebar steering.
3. “Backorder” means an Order (or part of an Order) for Goods that are temporarily out of stock and cannot be dispatched immediately.
4. “Bailee” A person or entity who has Possession of goods belonging to another (the Supplier) for a particular purpose, under a bailment arrangement, but who does not have ownership of those goods.
5. “Business Day” means a day that is not a Saturday, Sunday, public holiday, or bank holiday in Charters Towers, Queensland, Australia.
6. “Confidential Information” means all non-public, proprietary, or commercially sensitive information of a party, whether oral, written, or electronic.
7. “Credit Account” means an arrangement allowing the Customer to make payment within a specified period after the date of Invoice, as approved by the Supplier.
8. “Credit Limit” means the maximum amount of credit that the Supplier has approved for the Customer’s account.
9. “Customer” means the person, company or entity buying the Goods as named on the Invoice.
10. “Delivery” means the transfer of Possession of the Goods from the Supplier to the Customer.
11. “Dispatch” the act of readying an Order for Delivery to the Customer.
12. “Event of Default” Any circumstance or event that constitutes a failure by the Customer to perform obligations under these Terms.
13. “Force Majeure Event” means an event outside the Supplier’s reasonable control.
14. “Goods” means all products, parts, or materials supplied by the Supplier to the Customer.
15. “GST” means Goods and Services Tax as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
16. “Insolvency / Insolvency Event” includes liquidation, administration, receivership, or inability to pay debts.
17. “Invoice” means a tax invoice issued by the Supplier to the Customer.
18. “Manufacturer” means the original manufacturer of the Goods supplied by the Supplier.
19. “On Hold” means temporary suspension of the Customer’s Credit Account or Order processing.
20. “Order” means any request, instruction, or agreement by the Customer to purchase Goods from the Supplier.
21. “Overdue Account” any Credit Account where payment is not received by the due date.
22. “Price” means the total amount payable by the Customer for the Goods.
23. “Possession” means the physical or constructive control or custody of Goods.
24. “Supplier” means Oz Bash Investments Pty Ltd trading as Aussie Powersports ABN 90 133 291 755.
25. “Terms” means these Terms & Conditions.
26. “UTV” means a Utility Terrain Vehicle, also referred to as a Side-by-Side Vehicle (“SXS”).
Application of Terms
1. These Terms apply to all sales of Goods by the Supplier.
2. Additional clauses apply to Credit Account Customers as set out in Clause 12.
3. These Terms override any inconsistent terms contained in purchase orders or other documents submitted by the Customer.
Orders and Acceptance
1. Orders for Goods can be placed online, over the phone, or by other methods approved by the Supplier.
2. The Supplier will reserve an Order for seven (7) Business Days:
  1. Payment must be made in line with Clause 7.
  2. The Price remains valid during that period.
  3. If payment is not received, the Supplier may cancel the Order.
Backorders
1. The Supplier may offer Backorders if Goods are temporarily unavailable.
2. The Supplier will notify estimated availability dates.
3. The Customer may cancel a Backorder within seven (7) Business Days.
4. Backorders will not be dispatched if the account is overdue.
5. Backordered Goods may be dispatched separately.
6. Risk in Backordered Goods passes upon Delivery.
7. Partial dispatch does not constitute full acceptance.
8. The Supplier may suspend dispatch if Credit Limits are exceeded.
Product Images
1. All images of Goods are indicative only.
2. Variations in appearance do not constitute breach of Terms.
3. Customers should rely on written specifications and datasheets.
Sale and Purchase
1. The Supplier may refuse transactions if fraud or Insolvency is suspected.
2. Once invoiced, the Customer must accept Delivery and pay for the Goods.
3. Title to Goods does not pass until full payment is received.
Pricing and Payment
1. Payment is due prior to Dispatch unless a Credit Account exists.
2. Prices are in Australian Dollars (AUD).
3. All Invoice items are payable by the Customer.
4. Prices are subject to change.
5. Accepted payment methods include EFT, credit card, and cheque.
6. The Customer must verify payment details before payment.
7. The Customer is responsible for any payment processing fees.
Transfer of Goods: Dispatch, Delivery and Title
1. The Supplier is not obliged to Dispatch Goods until payment is received.
2. The Supplier will Dispatch Goods as soon as practicable.
3. The Supplier may fulfil Orders in multiple shipments.
4. The Supplier will select a reputable freight carrier.
5. Delivery occurs when:
  1. Goods are collected from the warehouse, or
  2. Goods are dispatched to the nominated address.
6. Risk passes to the Customer upon Delivery.
7. Title remains with the Supplier until payment is complete.
8. If Goods are possessed before payment:
  1. Goods must be stored securely.
  2. Goods must remain identifiable as Supplier property.
  3. Goods must not be resold unless permitted.
9. The Supplier may repossess Goods if payment is overdue.
10. Possession rights cease if the Customer becomes Insolvent.
11. Delivery times are estimates only.
12. The Customer is responsible for accepting delivery.
Returns, Replacements and Refunds
1. Faulty Goods or incorrect deliveries must be reported within five (5) Business Days.
2. The Customer may need to provide supporting evidence.
3. The Supplier will assess claims within seven (7) Business Days.
4. The Supplier will notify the Customer of the outcome.
5. The Supplier covers return shipping for faulty Goods.
6. Change-of-mind returns are at the Supplier’s discretion.
7. Returned Goods must be unused and in original packaging.
8. The Supplier may refuse returns for damaged or altered Goods.
Warranty, Liability and Exclusions
1. The Supplier warrants Goods against manufacturing defects for 12 months.
2. Warranty remedies may include:
  1. replacement,
  2. repair, or
  3. equivalent product provision.
3. The Supplier is not liable for damage arising from:
  1. misuse,
  2. improper maintenance,
  3. competition or racing use,
  4. modifications, or
  5. exposure to harmful materials.
4. The Supplier makes no additional warranties unless required by law.
5. Manufacturer warranties apply where different.
6. Liability is limited to the Price paid for the Goods.
7. Australian Consumer Law guarantees apply where required.
Customer Acknowledgements
1. The Supplier is a reseller and not the Manufacturer.
2. The Goods are intended for off-road use only.
3. The Customer accepts all warranty limitations.
4. The Customer acknowledges risks associated with Goods use:
  1. Operators must be properly trained and equipped.
  2. The Supplier is not liable for injury except where liability cannot be excluded.
  3. The Customer indemnifies the Supplier against claims arising from injury or death.
5. Second-hand Goods may carry limited or no warranty.
6. The Supplier is not responsible for incorrect fitting or installation.
7. The Customer must comply with all laws and Manufacturer guidelines.
8. Improper use voids warranties and releases Supplier liability.
Credit Account Terms
1. Credit Accounts are subject to approval.
2. Applications must follow Supplier procedures.
3. The Credit Limit is determined by the Supplier.
4. Payment terms are 30 days end of month (EOM).
5. Exceeded Credit Limits may result in On Hold status.
6. Overdue Accounts:
  1. May incur 5.0% interest per annum.
  2. Interest accrues daily.
  3. The Supplier may suspend supply.
  4. Interest will not exceed the outstanding balance.
  5. The Customer is liable for recovery costs.
7. The Supplier may suspend or cancel Credit Accounts.
8. The Customer must promptly notify disputes.
9. The Supplier may require guarantees or security.
10. The Supplier may require updated credit assessments.
General
1. This Agreement is governed by the laws of Queensland, Australia.
2. Australian Consumer Law guarantees apply.
3. Invalid provisions are severable.
4. Confidential Information must remain secure.
5. This Agreement constitutes the entire understanding.
6. Failure to enforce provisions is not a waiver.
7. Neither party is liable for Force Majeure delays.
Disputes
1. The parties must first attempt amicable resolution.
2. Disputes unresolved within twenty (20) Business Days proceed to mediation.
3. Unresolved mediation disputes may proceed to arbitration or court.
4. Mediation or arbitration costs are shared equally unless agreed otherwise.
Acceptance of Terms
1. By Ordering, accepting Delivery, or using the Goods, the Customer agrees to these Terms.
2. If the Customer does not accept these Terms:
  1. The Supplier must be notified in writing, and
  2. The Goods must be returned within ten (10) Business Days.
3. Customised or specially ordered Goods may not be eligible for return or refund.

Products

Recommended products

Questions?

Find your local dealer

Terms & Conditions

Interpretation and Definitions

Application of Terms

Orders and Acceptance

Backorders

Product Images

Sale and Purchase

Pricing and Payment

Transfer of Goods: Dispatch, Delivery and Title

Returns, Replacements and Refunds

Warranty, Liability and Exclusions

Customer Acknowledgements

Credit Account Terms

General

Disputes

Acceptance of Terms

Privacy Policy