HARVEY TECHNOLOGY PTY LTD T/AS OUTBACK HQ

TERMS AND CONDITIONS OF SALE

 

  1. Definitions

In these Terms:

“ACL” means the Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth) and its associated Regulations as amended;

“Agreement” means any agreement for the provision of goods or services by the Seller to the Buyer and includes the Order, these Terms and any tax invoice issued by the Seller;

“Balance” means the figure stated in the ‘Balance’ section of the Order, being the total Order value less the Deposit and the Progress Payments;

“Business Days” means a day other than a Saturday, Sunday or public holiday on which trading banks generally are open for business in Melbourne, Victoria.

“Buyer” means the person(s) or entit(ies) acquiring goods or services from the Seller;

“consumer” is as defined in the ACL and in determining if the Buyer is a consumer, the determination is made if a Buyer is a consumer under the Agreement;

“Deposit” means the deposit as specified in the Order;

“Force Majeure Event” means an event beyond the reasonable control of a party including, without limitation, accident, acts of God, acts or  threats of terrorism or war, breakdown, epidemic, pandemic, supply chain disruptions, COVID-19 restrictions (which includes restrictions, regulations or directives imposed by the Federal Government and/or any State Government including but not limited to lockdowns and intrastate or interstate travel restrictions), import or export or travel restrictions, industrial disputes, lockouts or strikes, industrial disputes, industrial difficulties, labour difficulties (whether or not involving employees of the party concerned), work bans, riot, insurrection, national emergency (whether in fact or law), civil commotion, act of public enemy, blockades or picketing;

“goods” means the goods supplied by the Seller to the Buyer;

“Order” means a written order or quote and any tax invoice for the Seller’s goods and services, which forms part of the Agreement, in the Seller’s prescribed form (subject to variation from time to time);

“Progress Payments” means any interim payment, described and set out in the Order and/or Deposit receipt, that is due and payable by the Buyer between the date of the Agreement and delivery of the goods;

“Seller” means Harvey Technology Pty Ltd (ACN 057 929 754) Trading as Outback Hq;

“services” means services provided by the Seller to the Buyer;

“Purchase Price” means the total consideration payable by the Buyer for the Seller’s goods and services, as set out in the Order (or as varied by the Seller as necessary) and comprising the Deposit, Progress payments and the Balance; and

“Terms” means these Terms and Conditions of Sale, as amended or updated from time to time by the Seller.

 

  1. Basis of Agreement and Orders
    • Unless otherwise agreed by the Seller in writing, the Terms apply exclusively to every Agreement and cannot be varied or replaced by any other terms.
    • In consideration of payment of the Purchase Price, the Seller agrees to sell, and the Buyer agrees to buy the goods and services as described in the Order on the terms set out in the Agreement.
    • The Agreement becomes binding upon the parties once the Order is executed by the Seller and the Seller receives the Deposit in cleared funds. The date of the Agreement shall be the date the Seller executes the Order.
    • A Buyer’s specific requirements in relation to the Seller’s goods and services must be fully detailed in the Order.
    • An Order is subject always to suspension or cancellation by the Seller on the occurrence of a Force Majeure Event.
    • The Seller may at its absolute discretion for whatever reason (for instance the goods cannot be manufactured or made available for delivery) at any time before giving notification to the Buyer under clause 1 cancel any Order by giving written notice to the Buyer.

 

  1. Price and Payment
    • The price and description of the goods and services the Buyer offers to purchase from the Seller is described in the Order. The prices if not specified in the Order are in Australian Dollars and exclusive of GST.
    • Notwithstanding anything in the Agreement, the Seller may by written notice to the Buyer increase the price of its goods and/or services after the Seller has accepted an Order but before delivery of such goods and/or services, if the increases in Purchase Price is due to an increase in the price of an input which comprise part of the Seller’s business including (but not limited to) any increase in any applicable taxes, duties or levies imposed by any government agency or other regulator, any increase in freight, insurance, customs duties, currency exchange rate, shipping expenses, sorting and stacking charges, cartage, rate of water, cost of materials, energy costs, rents, wages, rates, government regulations and standards and other charges affecting the cost of production and/ or subject to any rise and fall, foreign exchange adjustment, currency fluctuation of the Australian Dollar.
    • If the Buyer receives a written notice from the Seller pursuant to clause 6, the Buyer may cancel the Order within 5 Business Days from the day the written notice is given to the Buyer. If the Buyer does not cancel the Order within 5 Business Days, it is deemed to have accepted the increases in price and must pay such increases in the Purchase Price as notified by the Seller pursuant to clause 3.2.
    • The Buyer will pay:
      • the Deposit on or prior to entry into the Agreement;
      • the Progress Payments as and when due;
      • the Balance within 5 Business Days of the date the Buyer is notified by the Seller that the goods are available for delivery, pursuant to clause 1.
    • Payment of any amount will not be deemed to have occurred until the Seller receives the relevant amount in cleared funds.
    • If any cheque issued by the Buyer or by any third party in payment for the goods is dishonoured the Seller is entitled to treat the dishonour of the Buyer’s cheque as repudiation of the Contract and may exercise the rights afforded to the Seller upon default as provided under clause 10
    • Failing payment by the dates required in this clause 3:
      • all money which would become payable by the Buyer to the Seller at a later date on any account becomes immediately due and payable;
      • interest will be payable by the Buyer to the Seller at the rate of 15% per annum on any amount outstanding until payment is made in full;
      • the Buyer must indemnify the Seller from all costs and expenses (including legal costs on an indemnity basis) incurred by the Seller resulting from the default and the Seller taking any action to enforce compliance with the Terms and the Agreement; and
      • the Seller may cease or suspend the manufacture of the goods and the supply of the services.
    • Payment terms may be revoked or amended at the Seller’s sole discretion immediately upon giving the Buyer written notice.
    • The time for payment is of the essence.

 

  1. Delivery
    • The Seller will notify the Buyer (which notification may be oral) once the goods are ready for delivery to the Buyer.
    • The Buyer acknowledges that any estimated dates for the delivery of goods specified on the Order are not binding and agrees that the Seller, whilst using its best endeavours to effect delivery, will not be liable for any loss or damage occasioned by the Buyer or any third party for failure to meet any estimated date. Further the Buyer acknowledges that any such delay shall not entitle the Buyer to terminate the Order.
    • If the Seller cannot complete the services by any estimated date, it will do so within a reasonable time.
    • Unless otherwise agreed in writing:
      • the Buyer is responsible to arrange for the collection and transportation of the goods from the Seller’s premises, being the point of collection;
      • delivery of the goods will be deemed to occur at the commencement of the loading or hitching of the goods onto the Buyer’s (or that of the Buyer’s agent or contractor) transport/towing vehicle; and
      • the Buyer is responsible for all costs associated with delivery, including freight, insurance and other charges arising from the point of collection of the goods.
    • The Buyer must take delivery of the goods no later than 10 Business Days from receiving notification under clause 1 above unless the Seller agrees to an extended delivery date. If the Buyer does not collect the goods within this time frame the Buyer will be deemed to have taken delivery and will be liable for storage charges payable weekly on demand.
    • The Buyer acknowledges that, where the goods are a caravan or camper trailer, the Buyer will not be entitled to take delivery of the goods from the Seller’s premises unless the vehicle which the Buyer uses to tow the goods from the Seller’s premises is of suitable towing capacity and has appropriate brake controller, electrical and other towing connections fitted.
    • The Buyer indemnifies the Seller against any loss or damage suffered by the Seller, its sub-contractors or employees as a result of delivery.
  1. Pre-Delivery Inspection
    • The Buyer must inspect the goods for any shortages, damage or non-compliance with the specifications in the Agreement at the time of delivery.
    • The Seller will not be liable for any shortages, damage or non-compliance with the specifications in the Agreement unless the Buyer notifies the Seller at the time of inspection, otherwise the Buyer will be deemed to have accepted the goods.

Where any shortages, claim for damaged goods or non-compliance with the Order specifications is accepted by the Seller, the Seller may, at its option, replace the goods (or a component of the goods), or refund the price of the goods (or the component).

 

  1. Title
    • Until payment of the Purchase Price has been made in full in cleared funds, title in the goods will not pass to the Buyer.
    • Should the Buyer take possession of the goods prior to payment of the total Balance, the Buyer does so as the fiduciary agent and bailee of the Seller and must not sell, transfer or otherwise encumber the goods until title in the goods has passed.
    • If in breach of clause 2 the Buyer sells, transfers or otherwise encumbers the goods, the Buyer does so as a fiduciary of the Seller and:
      • the Buyer will receive all proceeds whether tangible or intangible, direct or indirect, of any such dealing with goods in trust for the Seller and will keep such proceeds in a separate account until all liability to the Seller is discharged; and
      • the Seller may without notice, enter any premises where it suspects the goods are and remove them, notwithstanding that they may have been attached to other goods not the property of the Seller, and for this purpose the Buyer irrevocably licences the Seller to enter such premises and also indemnifies the Seller from and against all costs, claims, demands or actions by any party arising from such action.

 

  1. Risk
    • Risk in the goods and responsibility for loss damage or injury to persons or to property of the Buyer, or third parties, passes to the Buyer upon the earlier of:
      • actual or constructive delivery of the goods to the Buyer, and constructive delivery is deemed to take place 10 Business Days from notification by the Seller to the Buyer that the goods are available for collection from the Seller pursuant to clause 1; or
      • collection of the goods from the Seller, the Seller’s premises or any bailee or agent of the Seller by or on behalf of the Buyer.
    • The Buyer assumes all risk and liability for loss, damage or injury to persons or to property of the Buyer, or third parties arising out of the use or possession of the goods sold by the Seller.

 

  1. Exclusion
    • The Buyer acknowledges that:
      • it has not relied on any service involving skill and judgement, or on any advice, recommendation, information or assistance provided by the Seller in relation to the goods or their use or application; and
      • without limiting the extent of clause 1(a), advice, recommendation, information or assistance includes advice, recommendation, information or assistance regarding the capacity, capability or suitability of any particular vehicle to tow the goods and in this regard the Buyer is solely responsible to ensure that the goods are within the legal towing limit requirements of the vehicle with which the Buyer intends to tow the goods.

 

  1. Liability
    • Except as the Agreement specifically states, or as contained in any express warranty provided in relation to the goods, the Order 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 the services, or any contractual remedy for their failure.
    • If the Buyer is a consumer nothing in these terms restricts, limits or modifies the Buyer’s rights or remedies against the Seller for failure of a statutory guarantee under the ACL.
    • If the Buyer on-supplies goods to a person who is a consumer:
      • if the goods are not of a kind ordinarily acquired for personal, domestic or household use or consumption, then the amount specified in section 276A(1) of the ACL is the absolute limit of the Seller’s liability to the Buyer;
      • otherwise, payment of any amount required under section 274 of the ACL is the absolute limit of the Seller’s liability to the Buyer;

howsoever arising under or in connection with the sale, installation, use of, storage or other dealings with the goods or services by the Buyer or any third party.

  • If clause 2 or 9.3 do not apply, then other than as stated in the Agreement or any written warranty statement the Seller is not liable to the Buyer in any way arising under or in connection with the sale, use of, storage or any other dealings with the goods or the services by the Buyer or any third party.
  • The Seller is not liable for any indirect or consequential losses or expenses suffered by the Buyer 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, other than if the Buyer is a consumer, but then only to the extent the loss was reasonably foreseeable.
  • Nothing in these Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or supply of services which cannot be excluded, restricted or modified.

 

  1. Default
    • The Seller shall be entitled to exercise the remedies provided from this clause 10 in the event of:
      • any default by the Buyer of any obligation under the Agreement;
      • any repudiation of the Agreement by the Buyer;
      • the Buyer becoming bankrupt or insolvent or entering into any arrangements with its creditors or taking or suffering any similar action in consequence of debt, prior to payment of the full Purchase Price.
    • Upon occurrence of any of the events referred to in clause 1, without prejudice to any other rights or remedies the Seller may have, the Seller is entitled to elect between terminating the Agreement or affirming the Agreement, and in each case, claiming and recovering compensation for loss or damage suffered by the Seller from the Buyer, including interest and costs.
    • Without limiting clause 2, should the Seller elect to terminate the Agreement, without prejudice to any rights or remedies the Seller may have, the Seller may:
      • forfeit the Deposit;
      • sell the goods to other third party; and
      • recover from the Buyer all loss (including any indirect or consequential losses) it incurs as a result of such default by the Buyer, whether by way of liquidated damages (which includes but not limited to all loss of profit and reasonable expenses and costs incurred) or otherwise.

 

  1. Force Majeure
    • The Seller shall not be liable in any way under the Agreement to the extent that it is prevented from acting by a Force Majeure Event. If a Force Majeure Event occurs the Seller may suspend the Agreement by written notice to the Buyer.
    • If the Seller is prevented from acting by a Force Majeure Event, it must:
      • promptly notify the Buyer of the existence and expected duration of the Force Majeure Event;
      • take all reasonable steps to alleviate or remedy the effect of the Force Majeure Event; and
      • subject to clause 3, resume performance of the obligation prevented by the Force Majeure Event as soon as practicable after the Force Majeure Event ceases.
    • If a Force Majeure Event prevents performance of an obligation for more than 3 months, the Seller may terminate the Agreement by written notice to the Buyer.

 

  1. Miscellaneous
    • Any termination of the Agreement shall not affect the provisions in these Terms which expressly or impliedly are intended to survive termination of the Agreement.
    • The Buyer must not return the goods unless the Seller consents to the return of the Goods.
    • The Terms and the Agreement are governed by the Laws of the State of Victoria.
    • The Buyer acknowledges that the Buyer has read, understands and agrees to be bound by the Agreement (including the Terms).
    • Time is of the essence of this contract, except regarding any agreement between the parties on a time of day of delivery.
    • The Seller’s failure to enforce a term of the Agreement (including these Terms) shall not be construed as a waiver of any of the Seller’s rights.

If any term is unenforceable it must be read down to be enforceable or, if it cannot be read down, the term must be severed from these terms and conditions without affecting the enforceability of the remaining terms.

 

___________________________________________________________________________________________

 

 

Outback HQ uses Australia Post bags, based on the weight and size of the items which include tracking with each dispatch. The postage total is calculated automatically in the cart section prior to confirming the order and a tracking number is sent to you after the item is posted.

Additional postage charges – Courier:

Some items within the “Store” will incur an additional postage fee, based on size, weight and destination.

The specific page will note that additional charges will apply, we will obtain a postage quote, contact and charge you the exact amount required (less our standard postage fees).

Postage refund:

Many items packaged together are eligible for a postage discount.

Outback HQ will refund the difference at the time of postage providing the difference is in excess of $10.

If you wish to apply for a postage discount, please make this known in the further instructions field at the time of checkout.

Postage Address:

Please ensure that all postage addresses are attended for delivery. Our courier will charge a re-delivery fee if the goods can not be delivered. This charge will be billed to you.

Pickup:

Yes, we do allow pickup. – Select this method at time of check out.

You will be notified when goods are ready for pickup, which depends upon availability. Please ensure you state that you want to pick up the goods in the Additional notes field.

Pickup address: Outback HQ, 1/640 Dorset Rd, Bayswater North, VIC, 3153

TERMS AND CONDITIONS:

  • Outback HQ doesn’t always keep stock of custom parts on hand; there can be up to a 3 week wait on delivery. However, we will inform you of stock availability as soon as your order has been processed, usually within 2 working days of order.
  • Please read product descriptions and categories to ensure that you are purchasing parts to suit your van. Outback HQ is not responsible for incorrectly ordered goods.
  • If the product doesn’t match its description, isn’t fit for purpose or is incomplete; Outback HQ is bound by consumer law to replace or exchange the goods. However, if you have incorrectly ordered or have broken / damages the goods in a manner which exceeds reasonable use, Outback HQ doesn’t have to exchange or replace the goods. To claim warranty on goods, please return to Outback HQ, 1/640 Dorset Rd, Bayswater North 3153. Outback HQ isn’t liable for any postage costs incurred.