Terms of Use

FUSINE INVESTMENTS PTY LTD T/AS OUTBACK HQ
TERMS AND CONDITIONS OF SALE

1. Definitions

“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, import or export or travel restrictions, industrial disputes, lockouts, strikes, labour difficulties, work bans, riot, insurrection, national emergency, 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 in the Seller’s prescribed form;

“Progress Payments” means any interim payment due 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, comprising the Deposit, Progress Payments and the Balance;

“Terms” means these Terms and Conditions of Sale.

2. Basis of Agreement and Orders

• The Terms apply exclusively unless otherwise agreed in writing.
• The Seller agrees to sell, and the Buyer agrees to buy the goods/services described in the Order.
• The Agreement becomes binding when the Seller executes the Order and receives the Deposit.
• Buyer requirements must be detailed in the Order.
• Orders may be suspended or cancelled due to a Force Majeure Event.
• The Seller may cancel any Order at its discretion before notifying availability.

3. Price and Payment

• The price is as stated in the Order and exclusive of GST unless specified.
• The Seller may increase prices before delivery if input costs rise.
• The Buyer may cancel within 5 Business Days of a price increase notice.
• The Buyer must pay the Deposit, Progress Payments, and the Balance within 5 Business Days of notification that goods are ready.
• Payment is only received when funds clear.
• Dishonoured cheques may be treated as repudiation.
• Failure to pay on time results in:
  • All outstanding amounts becoming immediately due;
  • 15% per annum interest on overdue amounts;
  • Indemnity for legal and enforcement costs;
  • Suspension of manufacture or supply.
• Payment terms may be amended by written notice.
• Time for payment is of the essence.

4. Delivery

• The Seller will notify the Buyer when goods are ready.
• Delivery dates are estimates only.
• Services will be completed within a reasonable time.
• Unless agreed otherwise:
  • The Buyer must arrange collection from the Seller’s premises;
  • Delivery occurs when loading/hitching begins;
  • The Buyer is responsible for transport, freight, insurance.
• The Buyer must collect goods within 10 Business Days or storage fees apply.
• Buyers must have a suitable towing vehicle.
• The Buyer indemnifies the Seller against losses arising from delivery.

5. Pre-Delivery Inspection

• The Buyer must inspect goods on delivery.
• Claims must be made at the time of inspection.
• If accepted, the Seller may replace goods or refund the component price.

6. Title

• Title passes only when the Purchase Price is fully paid.
• Before full payment, the Buyer holds goods as fiduciary agent/bailee.
• If the Buyer improperly sells/encumbers goods:
  • They hold proceeds on trust for the Seller;
  • The Seller may enter premises to recover goods.

7. Risk

• Risk passes on delivery or 10 Business Days after notice of availability.
• The Buyer assumes all risks arising from use or possession.

8. Exclusion

• The Buyer has not relied on the Seller’s advice or recommendations.
• Towing suitability is the Buyer’s responsibility.

9. Liability

• No warranties apply except as stated in the Agreement or law.
• ACL consumer guarantees apply if the Buyer is a consumer.
• For on-supplied goods:
  • Liability is limited as per ACL sections 276A or 274.
• The Seller is not liable for indirect or consequential losses.
• Nothing excludes mandatory statutory rights.

10. Default

• The Seller may exercise remedies if the Buyer defaults, repudiates, or becomes insolvent.
• The Seller may terminate or affirm the Agreement and seek compensation.
• Upon termination the Seller may:
  • Forfeit the Deposit;
  • Sell the goods;
  • Recover losses including lost profits.

11. Force Majeure

• The Seller is not liable for delays caused by a Force Majeure Event.
• The Seller must notify, mitigate effects, and resume performance when possible.
• If the event exceeds 3 months, the Seller may terminate.

12. Miscellaneous

• Termination does not affect surviving terms.
• Goods cannot be returned without the Seller’s consent.
• Agreement is governed by Victorian law.
• The Buyer acknowledges full understanding and acceptance.
• Time is of the essence except for time of day for delivery.
• Failure to enforce terms is not a waiver.
• Unenforceable terms will be read down or severed.

POSTAGE & SHIPPING TERMS

Outback HQ uses Australia Post bags with tracking. Postage is calculated automatically at checkout.

Additional Courier Charges

Some items incur extra postage based on size/weight. We will contact you with a quote.

Postage Refund

Combined items may qualify for a refund if savings exceed $10.

Postage Address

Please ensure all shipping addresses are attended. Couriers charge redelivery fees.

Pickup

Pickup is available at:
Outback HQ, 1/640 Dorset Rd, Bayswater North, VIC 3153
Select pickup at checkout and you will be notified when ready.

Additional Terms

• Some custom parts may require up to 3 weeks to arrive.
• Buyers must ensure parts match their van model.
• If goods are faulty or not as described, consumer law applies.
• Incorrectly ordered or damaged items by the Buyer are not covered.
• Warranty claims must be returned to Outback HQ (postage not covered).