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Terms and Conditions of Sale

TERMS AND CONDITIONS OF SALE

1. DEFINITIONS
In these terms and conditions:
1.1 “Company” refers to Mick’s Gone Bush ABN 65 108 997 577.
1.2 “Customer” means any person or entity purchasing goods from the Company.
1.3 “Goods” includes diesel generators, parts, accessories, and any other products supplied.
1.4 “ACL” means the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

2. APPLICATION
These terms apply to all sales made by the Company unless otherwise agreed in writing.

3. ORDERS
3.1 Orders are binding once accepted in writing by the Company.
3.2 No cancellation or variation is permitted without written consent.

4. PRICING AND PAYMENT
4.1 All prices are in AUD and exclude GST unless specified.
4.2 POA (Price on Application) items require written confirmation.
4.3 Payment is due prior to dispatch unless otherwise agreed.
4.4 Late payments attract 10% p.a. interest calculated daily.
4.5 Freight is additional unless otherwise stated.

5. DELIVERY
5.1 Delivery times are estimates only.
5.2 Risk passes to the Customer upon dispatch.
5.3 Delivery is to kerbside unless arranged otherwise.
5.4 The Company is not liable for carrier delays or force majeure events.

6. TITLE
6.1 Title remains with the Company until full payment is received.
6.2 The Company may repossess unpaid goods without notice.
6.3 The Customer agrees the Company may lodge a PPSA registration and consents to do so.

7. RETURNS AND REFUNDS
7.1 Change-of-mind returns are not accepted on generators or used goods.
7.2 Returns must be authorised within 14 days and returned unused in original packaging.
7.3 A 25% restocking fee applies to approved non-faulty returns.
7.4 Once a generator is started or the hour meter has moved, it is considered used and non-returnable.
7.5 All freight costs for returns are the responsibility of the Customer.

8. WARRANTY
8.1 All Goods are covered by manufacturer warranty under ACL.
8.2 Warranty excludes misuse, tampering, incorrect installation, and flat batteries.
8.3 Proof of fault (e.g. photos/videos) must be provided for assessment.
8.4 Important battery care notice: Electric start and auto start generators may draw standby current from the battery. Mick’s Gone Bush recommends using a trickle charger or solar charger to maintain battery life. If storing for long periods, use a battery isolator or disconnect the battery. Failure to do so may void warranty related to battery failure.

9. LIMITATION OF LIABILITY
9.1 To the maximum extent permitted by law, liability is limited to:
(a) Replacement of the Goods;
(b) Repair of the Goods; or
(c) Reimbursement of the cost of repair or replacement.
9.2 The Company is not liable for indirect or consequential loss including loss of profits or downtime.

10. FORCE MAJEURE
10.1 The Company is not liable for failure or delay due to events beyond its control.

11. PPSA
11.1 The Customer grants the Company a purchase money security interest (PMSI) over all Goods supplied.
11.2 The Customer consents to registration on the PPSR and waives notice requirements.

12. GENERAL
12.1 These terms may be updated with notice on the website.
12.2 If any provision is unenforceable, the rest remain in effect.
12.3 These terms override any conflicting terms submitted by the Customer.

13. GOVERNING LAW
13.1 These terms are governed by the laws of Victoria, Australia.
13.2 Any disputes will be subject to the exclusive jurisdiction of the Victorian courts.

14. CONTACT
Mick’s Gone Bush
ABN 65 108 997 577
Email: [email protected]
Website: https://www.micksgonebush.com.au