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Terms and Conditions of Sale

Terms and Conditions of Sale

Effective date: 13 July 2026
Last updated: 14 July 2026

1. Definitions

In these Terms and Conditions of Sale:

ACL means the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth), including as applied in Victoria.

Customer means the individual, business, company, trust, partnership or other entity purchasing or agreeing to purchase Goods from the Seller.

Goods means generators, batteries, electrical products, auto electrical parts, service parts, accessories and any other physical products supplied by the Seller.

Order means a request by the Customer to purchase Goods, whether placed through the website, by telephone, email, quotation, purchase order or another approved method.

Seller means Mick’s Gone Bush, ABN 65 108 997 577.

Special-Order Goods means Goods ordered, procured, configured, assembled, manufactured, modified or reserved specifically for the Customer.

2. Application of These Terms

These terms apply to sales of Goods by Mick’s Gone Bush unless different terms are expressly agreed in writing.

The following policies also form part of the sales agreement:

  • Terms of Service;
  • Refund Policy;
  • Shipping Policy;
  • Privacy Policy; and
  • any quotation, invoice, product listing or written product-specific terms provided before purchase.

If a written quotation, invoice or product-specific agreement contains terms that differ from these general sale terms, the more specific written terms will apply to the extent of the inconsistency, provided they comply with applicable law.

Microsoft 365 subscriptions, licensing and associated services are additionally governed by the Microsoft 365 provisions contained in the Mick’s Gone Bush Terms of Service and the applicable quotation or invoice.

Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the ACL.

3. Orders and Acceptance

An Order submitted by the Customer is an offer to purchase the relevant Goods.

An automated order confirmation acknowledges receipt of the Order but does not necessarily mean the Order has been accepted.

An Order is accepted when the Seller:

  • confirms acceptance in writing;
  • commences authorised procurement, manufacture, assembly or configuration of Special-Order Goods; or
  • dispatches the Goods.

The Seller may decline an Order before acceptance where reasonably necessary, including where:

  • the Goods are unavailable, discontinued or subject to prior sale;
  • payment cannot be verified or has not cleared;
  • the delivery destination cannot reasonably be serviced;
  • a material pricing, description, freight or inventory error has occurred;
  • fraud or unauthorised activity is reasonably suspected;
  • the Order would breach a legal, supplier or safety requirement; or
  • the Customer has engaged in abusive, threatening, fraudulent or unlawful conduct.

If the Seller declines an Order before supply, amounts paid for the affected Goods will be refunded, excluding any separately authorised and completed service or other amount that may lawfully be retained.

4. Product Availability and Special Orders

All Goods remain subject to availability and prior sale until the Order has been accepted and any required payment or deposit has cleared.

Special-Order Goods may have longer lead times than stocked products. Estimated lead times will be stated in the relevant product listing, quotation, invoice or order confirmation where available.

If Goods become unavailable or are materially delayed, the Seller will notify the Customer and provide any cancellation, refund or other remedy required under the ACL.

5. Pricing and GST

All prices are in Australian dollars.

Prices displayed to retail customers on the Mick’s Gone Bush website include applicable GST unless clearly stated otherwise.

Business quotations may show prices excluding GST where this is clearly disclosed. Applicable GST and the total amount payable will be identified before the transaction is completed or on the relevant quotation or invoice.

Items displayed as “POA”, “price on application” or “contact for price” require written price confirmation before an Order can be accepted.

Freight, installation, commissioning, unloading, specialist handling and other additional services are not included unless expressly stated.

Prices may change before an Order is accepted. A price change will not retrospectively alter an accepted Order unless the Customer agrees or the change is required by law.

6. Pricing and Listing Errors

If a material pricing, specification, freight or availability error is identified before an Order is accepted, the Seller may correct the error and offer the Customer the choice of:

  • proceeding on the corrected terms; or
  • cancelling the affected Order and receiving a refund.

If an error is identified after acceptance, the Seller will contact the Customer and seek a reasonable agreed resolution.

The Seller will not rely on this section merely because an accepted transaction later becomes less commercially favourable.

7. Payment

Full cleared payment is required before dispatch unless the Seller has expressly approved a deposit, credit account or other payment arrangement in writing.

Deposits and progress payments for Special-Order Goods will be identified in the relevant quotation or invoice.

Payments must be made through an approved payment method or to the bank account identified on an official Mick’s Gone Bush invoice.

A payment-card surcharge may only be charged where permitted by law and will not exceed the Seller’s reasonable cost of accepting that payment type. Any applicable surcharge will be disclosed before payment.

8. Overdue Business Accounts

This section applies only where the Seller has approved credit or account terms.

Invoices are payable by the due date shown on the invoice.

If an undisputed invoice remains unpaid after its due date, the Seller may issue written notice requiring the account to be brought up to date.

After written notice, the Seller may charge simple interest on an overdue undisputed amount at a rate of 10% per annum, or the maximum lawful rate if lower, calculated from the due date until cleared payment is received.

The Customer may also be responsible for reasonable external debt-recovery and legal costs actually incurred by the Seller because of the Customer’s payment default, to the extent permitted by law.

Interest and recovery charges will not apply to an amount that is subject to a genuine dispute notified to the Seller in writing, while that dispute is being addressed reasonably and in good faith.

9. Customer Cancellations

A Customer may request cancellation before an Order is accepted. Where reasonably practicable, the Seller will cancel the Order and refund the amount paid.

Once an Order has been accepted, cancellation requires the Seller’s written approval.

If cancellation is approved after the Seller has incurred costs, the Customer may be responsible for reasonable, identifiable and unrecoverable costs directly caused by the cancellation, including:

  • supplier cancellation charges;
  • Special-Order Goods already procured or manufactured;
  • customisation, configuration or assembly work already completed;
  • freight or handling costs already incurred;
  • non-refundable third-party payment charges; and
  • reasonable administrative work specifically required to unwind the Order.

Cancellation charges will not operate as a penalty and will not exceed the Seller’s reasonable loss and unrecoverable costs arising from the cancellation.

An Order cannot be cancelled as a change-of-mind request after dispatch.

This section does not restrict any cancellation or refund right arising from the Seller’s failure to comply with the ACL.

10. Change-of-Mind Returns

Mick’s Gone Bush does not accept returns, exchanges, store credits or refunds where the Customer has changed their mind.

This includes circumstances where the Customer:

  • no longer wants or requires the Goods;
  • ordered the Goods by mistake;
  • ordered the incorrect product, model, size, voltage, capacity, specification or quantity;
  • selected Goods that are incompatible with their vehicle, engine, equipment or application;
  • found the Goods available elsewhere at a lower price; or
  • experienced a change in personal, financial or business circumstances.

The complete change-of-mind and product-claim conditions are contained in the Mick’s Gone Bush Refund Policy.

This section does not restrict rights or remedies available under the ACL.

11. Product Selection and Fitment

The Customer is responsible for checking product compatibility, part numbers, voltage, capacity, dimensions, output, fitment, specifications and suitability before placing an Order.

When requesting product-selection or fitment assistance, the Customer must provide complete and accurate information, including any relevant:

  • vehicle make, model and year;
  • engine model or engine number;
  • equipment model and serial number;
  • existing part number;
  • electrical system voltage;
  • installation configuration; and
  • intended application or operating requirements.

The Seller is not responsible for incorrect product selection caused by incomplete, inaccurate or misleading information supplied by the Customer.

Where the Seller makes a specific written recommendation based on complete and accurate information supplied by the Customer, and the Customer reasonably relies on that recommendation, applicable ACL rights remain unaffected.

12. Delivery

Dispatch and delivery timeframes are estimates unless the Seller expressly agrees to a guaranteed date in writing.

Delivery, tracking, authority-to-leave, missed-delivery, heavy-freight and transit-damage arrangements are governed by the Mick’s Gone Bush Shipping Policy.

Where the Seller arranges freight, providing a tracking number confirms dispatch but does not transfer the Seller’s legal responsibilities to the carrier.

Where the Seller arranged the freight, the Seller will investigate Goods that are lost, damaged, incorrectly delivered or materially delayed and provide any remedy required under the ACL.

Delivery of heavy or oversized Goods is generally to a safe and reasonably accessible kerbside or freight-access point unless additional delivery or unloading services are expressly included.

The Customer is responsible for disclosing site-access restrictions and arranging suitable unloading equipment where required.

13. Risk

Where the Seller selects and engages the carrier, risk of accidental loss or transit damage remains with the Seller until the Goods are correctly delivered to the nominated delivery address in accordance with the agreed delivery instructions.

Where the Customer independently selects, contracts with and pays their own carrier, risk generally passes to the Customer when the Goods are collected by that carrier, except to the extent that loss or damage was caused by the Seller, including through incorrect supply or inadequate packaging.

If the Customer authorises delivery without a signature, the Customer accepts the increased risk of theft, weather exposure or unauthorised access after the Goods have been correctly delivered in accordance with the approved authority-to-leave instructions.

Authority to leave does not remove rights where Goods were lost before delivery, delivered to the wrong address, left contrary to instructions or damaged in transit.

14. Title and Retention of Ownership

Legal title to Goods supplied before full payment remains with the Seller until all amounts owing for those Goods have been paid in cleared funds.

Until title passes, the Customer must:

  • keep the Goods identifiable as Goods supplied by the Seller;
  • take reasonable care of the Goods;
  • not create or permit an unauthorised security interest over the Goods; and
  • notify the Seller promptly if the Goods are seized, damaged, lost or subject to an insolvency event.

Risk and title are separate. The time at which title passes does not determine responsibility for delivery or transit damage.

If the Customer defaults, the Seller may exercise lawful rights relating to unpaid Goods, including rights available under the Personal Property Securities Act 2009 (Cth).

The Seller will not enter private property, repossess Goods or otherwise enforce its rights unlawfully.

15. Personal Property Securities Act

This section applies where an arrangement creates a security interest under the Personal Property Securities Act 2009 (Cth), including where Goods are supplied on credit or before full payment.

The Customer grants the Seller a security interest in the Goods supplied under that arrangement and, where legally applicable, their identifiable proceeds, to secure payment of amounts owing in connection with those Goods.

The Seller may register that security interest on the Personal Property Securities Register.

The Seller may claim a purchase money security interest only where the security interest legally qualifies as a purchase money security interest.

The Customer must promptly provide accurate information reasonably required for a valid registration and must notify the Seller of any change that could affect the registration.

The Seller will release or amend a registration when legally required and after the secured obligations have been discharged.

Any enforcement of a registered or unregistered security interest will be undertaken in accordance with applicable law.

16. Australian Consumer Law

Our Goods come with guarantees that cannot be excluded under the ACL.

The Customer may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

The Customer may also be entitled to have Goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

Consumer guarantees may apply to purchases made by businesses as well as individuals where the transaction falls within the ACL.

17. Product Claims and Assessment

A Customer who believes that Goods are faulty, unsafe, incorrectly supplied, materially different from their description or otherwise fail to meet an applicable consumer guarantee should contact the Seller in accordance with the Refund Policy.

The Seller may reasonably inspect or assess the Goods before determining the appropriate remedy.

Assessment may be undertaken by the Seller, manufacturer, distributor, authorised service agent or another suitably qualified technician.

The Seller may reasonably request:

  • proof of purchase;
  • the order number;
  • product model, part or serial numbers;
  • photographs or video;
  • a description of the reported problem;
  • diagnostic information; and
  • installation and maintenance details.

Original packaging is not required for a valid ACL claim, although returned Goods must be packaged safely to prevent avoidable transit damage.

If Goods are confirmed to have a problem covered by the ACL, the Seller will meet or reimburse reasonable return-transport costs as required by law.

If assessment confirms that there is no product fault, or that the problem was caused by misuse, incorrect installation or another non-covered cause, the Customer may be responsible for reasonable assessment and return-delivery costs where those potential charges were disclosed beforehand.

18. Manufacturer and Voluntary Warranties

Some Goods may include a manufacturer’s, distributor’s or supplier’s voluntary warranty. Warranty availability, duration and conditions vary by product and brand.

The Seller does not represent that every product automatically includes a 12-month manufacturer warranty unless that warranty is stated for the relevant Goods.

A manufacturer or voluntary warranty is additional to, and does not replace or restrict, rights under the ACL.

Customers may contact the Seller regarding a product problem even where a manufacturer warranty also applies.

19. Installation, Use and Maintenance

Goods must be installed, operated, serviced and maintained in accordance with:

  • manufacturer instructions and specifications;
  • applicable Australian Standards;
  • electrical, workplace and safety requirements; and
  • any licensing requirements applying to the work.

Professional installation by a suitably qualified or licensed technician is recommended and may be required for particular Goods.

A product claim or voluntary warranty may not apply to the extent that the reported problem was caused by:

  • misuse, neglect or abnormal use;
  • incorrect installation, wiring, configuration or commissioning;
  • unauthorised modification or attempted repair;
  • use with incompatible equipment;
  • failure to perform required maintenance;
  • accidental or external damage; or
  • use outside the stated product specifications.

These circumstances do not remove rights relating to a separate defect that was not caused or contributed to by the Customer.

20. Generator Battery Care

Electric-start and auto-start generators may draw a small standby current from the starting battery.

The Customer must follow the manufacturer’s battery charging, testing, isolation, maintenance and replacement instructions.

Depending on the installation and usage pattern, appropriate battery-maintenance equipment may include a compatible maintenance charger, charging system or battery-isolation arrangement.

A voluntary warranty claim may be declined to the extent that battery or starting-system failure was caused by a failure to perform required maintenance.

This does not exclude ACL rights relating to an unrelated product defect or a battery that failed to meet an applicable consumer guarantee.

21. Limitation of Liability

Nothing in these terms excludes or limits liability, rights or remedies that cannot lawfully be excluded or limited.

To the extent permitted by law, the Seller is not liable for loss to the extent that the loss was caused or contributed to by:

  • incorrect or incomplete information supplied by the Customer;
  • the Customer’s misuse, negligence or unlawful conduct;
  • incorrect or unauthorised installation or modification;
  • failure to follow product instructions or maintenance requirements;
  • use outside the stated product specifications; or
  • third-party systems or services outside the Seller’s reasonable control, except where the Seller remains legally responsible.

For a transaction that is not a consumer transaction under the ACL, and to the extent permitted by law, the Seller will not be liable for indirect or consequential commercial loss, including loss of profit, revenue, production or business opportunity, unless the loss was caused by the Seller’s fraud, wilful misconduct or negligence.

Where the law permits liability for a consumer guarantee to be limited, and it is fair and reasonable to do so, liability may be limited to one or more of the following:

  • replacement of the Goods;
  • supply of equivalent Goods;
  • repair of the Goods; or
  • payment of the reasonable cost of replacement or repair.

22. Force Majeure

The Seller is not responsible for delay or non-performance caused by circumstances outside its reasonable control, including severe weather, natural disaster, fire, flood, war, civil disturbance, industrial action, government restriction, transport-network disruption, widespread telecommunications failure or major supplier interruption.

The Seller will take reasonable steps to minimise disruption and resume performance.

If the Seller cannot supply the Goods within an agreed or reasonable time, the Customer retains any cancellation, refund or other rights available under the ACL.

23. Customer Terms and Purchase Orders

Terms printed or referred to in a Customer purchase order, procurement portal or other document will not automatically vary these terms.

A variation will apply only where the Seller expressly agrees to it in writing.

This section does not allow the Seller to disregard negotiated terms or representations that form part of the sales agreement.

24. Changes to These Terms

The Seller may update these terms to reflect changes in its operations, products, systems or legal obligations.

Updated terms will be published with a revised effective date and will generally apply to Orders placed after that date.

An accepted Order remains governed by the terms applying when it was accepted unless:

  • the Customer agrees to the change;
  • the change benefits the Customer without imposing additional obligations; or
  • the change is required by law.

25. Severability and Waiver

If a provision of these terms is invalid or unenforceable, it will be read down to the minimum extent necessary or severed where it cannot be read down.

The remaining provisions will continue to operate.

A failure or delay in enforcing a right does not waive that right.

26. Governing Law

These terms are governed by the laws of Victoria, Australia and applicable Commonwealth laws.

The parties submit to the courts and tribunals having jurisdiction in Victoria, subject to any right a consumer has to bring proceedings in another jurisdiction.

27. Contact Information

Mick’s Gone Bush
ABN 65 108 997 577
Phone: 1300 933 822
Email: [email protected]
Website: www.micksgonebush.com.au

Administrative office:
17/31 Queen Street
Melbourne VIC 3000
Australia

Office only: No showroom, retail counter or customer collections are available at this address.

Effective date: 13 July 2026
Last updated: 14 July 2026