1. TERMS OF PURCHASE:
1.1. By purchasing items from electricwinchshop.com.au you hereby agree to abide by these terms and conditions set out on this page. We will endeavour to do our best to provide you good customer service and a good quality of product.
In these terms and conditions (“Conditions”) the following words and expressions shall have the following meanings:-
electricwinchshop.com.au, EWS, Electric Winch Shop whose registered office is at 2/144 Victor Road, Dee Why, NSW, 2099
the contract between the Company and the Customer for the sale and purchase of the Goods, incorporating these Conditions;
the person firm or company who purchases the Goods from the Company;
the goods to be supplied to the Customer by the Company (including any instalment of the goods or part of them) under the terms of the Contract;
the order placed by the Customer with the Company for purchase of the Goods;
3. THE CUSTOMER:
3.1. Will at all times be courteous and at no point will they threaten, abuse or in anyway try to intimidate members of the electricwinchshop.com.au team. If the customer feels there are issues then they are to inform us of these by means of written correspondence. We will do our best to address these in a timely fashion.
3.2. The customer will provide any information that is requested of them and will be try to be as honest as possible about the cause of any faults as this helps to identify and solve these faults as quickly as possible.
3.3. The customer will be responsible for obtaining any relevant training and experience prior to installing, using or servicing equipment. No responsibility can be held by the company for injuries or damage to either or both property or equipment. Failure to do so may also invalidate any warranties provided.
4.1. Our products are sent with Fastway, Australia Post and FedEx within Australia. Orders are normally processed and dispatched within 24/48 hours depending on the order. (Special orders i.e. extra welding and special colours may take longer) Standard shipping is based on a 24/72 hour service for local deliveries but vary depending on the area of the country they are being shipped to.. Parcels must be checked thoroughly on receipt and missing items and damage must be reported immediately in writing.
4.2. Whilst the majority of orders are delivered successfully on time, delivery dates are not guaranteed and parcels are not considered delayed, missing or lost until they are 48hrs past the expected delivery window.
4.3. We try to keep our postage and packaging prices as transparent as possible and unlike some other companies we do not make a profit on postage and packaging costs. However, our delivered prices are based on zones which are set by the carriers so if you live in a remote location or a offshore part of Tasmania we reserve the right to charge additional carriage charges. If you think you may be in a remote location please contact us prior to making your purchase.
4.4. The Express shipping option is not a guaranteed next business day service.
5.1. We offer a no quibble 7 day money back guarantee for all goods shipped correctly that are not required, proof of purchase required. The buyer will be responsible for the return postage and packing charges and any original shipping charges are non refundable, this includes items that are sold with "free shipping" an amount will be deducted, It is assumed that "free shipping" means that the shipping fee is included in the original purchase cost of the item. If items are returned damaged then this is also chargeable. (For advise on repacking please contact us at email@example.com). Items need to be returned in there original packaging with all components present, failure to do this will incur charges equivalent to the cost of replacing the missing parts or packaging. Refunds will be processed within 48/72 of completion of the inspection of the returned products.
5.2. If the wrong item is received it is the responsibility of the customer to notify us in writing within 7 days of receipt. Arrangements will then be made for the incorrect item to be collected and a replacement item to be dispatched.
6.1. All of our products are supplied with a 12 month return to base warranty unless otherwise stated in the product details (See below for specific warrantys). If a product is found to be faulty on receipt, it is the responsibility of the buyer to notify us in writing within 14 days. Once the nature of the fault has been determined the company will either (A) make arrangements for the faulty item to be collected, Inspected and either repaired or replaced .or (B) make arrangements for replacement parts to be shipped in order to rectify the fault. The company reserves the right to choose the most cost effective outcome for them.
6.2. After this 14 day period it will be the responsibility of the buyer to contact the company in writing, after which the company will either (A) request that the customer mail, ship or otherwise deliver the item to a Mainland Australia Address specified by us (the seller) at time of claiming. Subject to the buyers compliance with the warranty procedure, any products that are found to be defective will be repaired/replaced (at our discretion) and returned to the customer without charge. or (B) make arrangements for replacement parts to be shipped in order to rectify the fault. The company reserves the right to choose the most cost effective outcome for them.
6.3. This warranty does not apply to defects caused by normal wear and tear, failure to comply with any installation or maintenance instructions provided (including but not limited to any supplied Owners Manual or as detailed within the listed product information, alteration or modification by any parties other than the manufacturer (or anyone authorised in writing by the Electric Winch Shop Oz), misuse, abuse, neglect, accidents, Acts of God, terrorism or any other causes beyond the control of the Seller after delivery.
6.4. Consumable components and accessories such as winch ropes, batteries, cables, hooks etc are not covered under this warranty once they have been used or incurred general wear and tear.
6.5. Due to the nature and intended use of the products the Powder coated, Painted, Galvanised and Zinc plated finishes will be covered for a period of no longer than 30 days from delivery and acceptance of the order.
6.6. Goods which are manufactured specifically for an order and shipped correctly are not returnable.
7. TITLE TO GOODS:
7.1. The Goods shall remain Consignor's property until sold to Consignee's customers, and title to the proceeds of the sales of the Goods shall vest in and belong to Consignor and be held in trust for Consignor's benefit until accounted for and remitted to Consignor.
7.2. Where images display more products or items than that described in either the title or the description it is assumed that this has been done to further demonstrate the product and that no ownership of these items will pass to the customer once an order has been placed.
8. ADDITIONAL COSTS
8.1. The Customer agrees to indemnify the Company on demand against any loss or extra cost incurred by the Company through the Customer’s instructions or lack or instructions or through any act or default on the part of the Customer its servants or employees.
9. CONSEQUENTIAL LOSS:
9.1. electricwinchshop.com.au cannot be held liable for any direct, indirect, special or consequential loss or damage (whether due to loss of profit, loss of business, depletion of goodwill or otherwise) and/or any claims for costs, expenses or other claims for consequential compensation whatsoever (whether caused by the negligence of the Company, its employees or agents or otherwise) even if such loss was reasonably foreseeable or the Company was advised of the possibility of the Customer incurring the same and any liability which arises due to any delay or shortage in the delivery of the Goods
10. FORCE MAJEURE:
10.1. The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Customer (without liability to the Customer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials Provided that, if the event in question continues for a continuous period on excess of 3 months, the Customer shall be entitled to give notice in writing to the Company to terminate the Contract.
11.1. electricwinchshop.com.au has a policy of continuous improvement and reserves the right to alter Product Specifications, Designs, Product Prices and Terms and Conditions as the need arises.
11.2. Whilst the Company endeavours to supply accurate product descriptions, product dimensions and advice it is done as a guide only. The Company cannot be held responsible for any inaccuracies in these descriptions or alterations made by suppliers without prior notification.
11.3. All rights reserved by electricwinchshop.com.au. No part of the Website, EbAY site, Written Literature or Products may be Copied, Stored, Transmitted or Reproduced by any means unless written permission is first obtained.
12.1. Orders accepted by the Company cannot be cancelled or suspended by the Customer except by agreement with the Company upon terms which indemnify the Company against all losses, claims, expenses or damages incurred by the Company as a direct or indirect result of such cancellation.