Terms & Conditions
IMPORTANT NOTICE
These Terms and Conditions are intended to comply with Australian Consumer Law (ACL). Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot be lawfully excluded.
1. About Us
Our Privacy Statement is set out on the Site and shall apply to You and Your use of the Site and the Service.
2. Acceptance of Terms
By accessing or using this website, requesting quotations, placing orders, or acquiring goods or services from us, you agree to be bound by these Terms and Conditions.
3. Contract Formation & Priority
These Terms apply to all supplies unless otherwise agreed in writing. Any customer terms (including purchase order terms) are excluded unless expressly accepted in writing by us. In the event of inconsistency, our quotation, invoice and these Terms prevail.
4. Privacy
Our Privacy Policy forms part of these Terms.
5. Quotations & Orders
All quotations are valid for 30 days unless stated otherwise. Orders are binding only once accepted in writing.
6. Pricing & Payment
Prices are in AUD and exclusive of GST unless stated. Payment terms are as stated on the invoice. Late payments accrue interest at 2% per month. We may suspend supply for overdue accounts.
7. Supply of Goods & Services
We supply hydraulic systems, components, upgrade kits and associated services. Customised goods may not be cancelled once manufacture has commenced.
8. Delivery, Risk & Title
Delivery dates are estimates only. Risk passes on delivery. Title remains with us until full payment is received. We may register our interest under the PPSA.
9. Inspection & Claims
The customer must inspect goods within 7 days of delivery and notify us of any visible defects or shortages.
10. Installation & Use
Unless expressly agreed, we are not responsible for installation. The customer must ensure compliance with all laws and standards.
11. Performance Information
Any performance or efficiency data is indicative only and not guaranteed.
12. Australian Consumer Law
Our goods come with guarantees that cannot be excluded under the ACL.
13. Warranties
Express warranties apply only as stated in writing. Warranties do not apply to misuse, unauthorised modification, incorrect installation or contamination.
14. Limitation of Liability
To the maximum extent permitted by law, our liability is limited to repair, replacement or resupply. We are not liable for indirect or consequential loss.
15. Intellectual Property
All intellectual property remains our property or that of our licensors.
16. Website Use
You must not misuse this website or introduce malicious code.
17. Indemnity
You indemnify us against losses arising from misuse of goods or breach of these Terms.
18. Force Majeure
We are not liable for failure to perform due to events beyond reasonable control.
19. Termination
We may suspend or terminate access or refuse supply if these Terms are breached.
20. Governing Law
These Terms are governed by the laws of Victoria, Australia.
Definitions & Interpretation
- ACL means the Australian Consumer Law.
- Agreement means these Terms together with any quotation or invoice.
- Goods means all hydraulic equipment and components supplied.
- Services means all services supplied.
- Loss includes loss of profit, revenue or opportunity.
- PPSA means the Personal Property Securities Act 2009 (Cth).
- Website means www.hydpower.com.au.