TERMS AND CONDITIONS

These terms and conditions are between OZI4X4 PTY LTD (ABN 90 636 996 417), (we, us or our) and you, the party purchasing Goods and/or Services from us, together the Parties and each a Party. These terms and conditions form the entire agreement under which we will provide the Goods and/or Services to you.

1. OUR DISCLOSURES

1.1 Please read these Terms and Conditions carefully prior to making a purchase of any Goods or Services. By accepting these Terms and Conditions, you agree that:

(a) your ownership of the Goods is dependent on you paying the Price, but you are responsible for the Goods when the Goods are delivered to you or collected by you (as relevant) (see clause 8.4);
(b) your failure to pay the Price may result in us recovering or repossessing the Goods;
(c) subject to your Consumer Law Rights, you have not relied on any representations or warranties made by us prior to entering this Agreement that are not included in this Agreement (see clause 12.3);
(d) subject to your Consumer Law Rights, returns and refunds will be dealt with in accordance with these Terms and Conditions (clause 5) and change of mind refunds will be issued at our sole discretion; and
(e) subject to your Consumer Law Rights, we exclude our Liability for Consequential Loss and any Liability caused by incorrect installation that is not performed by us, and our Liability for the provision of the Goods and Services will be limited to, at our discretion the resupply of the Goods and/or Services or the repayment of the Price paid by you to us (see clause 11).

1.2 These Terms and Conditions do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.
2. ACCEPTANCE

2.1 By making any purchase from us, whether online, via telephone order or in person at our store, you accept these Terms and Conditions. The Terms and Conditions apply to the ordering, purchase, fulfilment and delivery of Goods and Services from us.
3. GOODS AND SERVICES

3.1 In consideration of your payment of the Price, we agree to provide you the Goods and/or Services in accordance with these Terms and Conditions, whether ourselves or through our Personnel.

3.2 You acknowledge and agree that any dates for delivery or for completion notified by us are estimates only. We agree to use reasonable endeavours to provide the Goods and Services within a reasonable time.

3.3 Certain Goods and Services may be available exclusively online through our website or exclusively in-store. Certain Goods and Services may not be available in all States or Territories.

3.4 Certain Goods and Services may have limited quantities and we may, at our sole discretion, impose limits on the quantities of any Good or Service that you may purchase.

3.5 If you purchase the Services, you acknowledge and agree that:
(a) you will provide us and our Personnel with sufficient access, free from harm or risk to health or safety, to your premises to enable us to perform the Services at the dates and times we agree in advance; and
(b) if we attend your premises to perform the Services at the dates and times we agreed in advance and you do not comply with your obligations under paragraph (a), you may be liable to pay for an additional call-out amount in connection with that failure to comply.
4. ORDERS

4.1 We reserve the right to refuse any order for Goods and/or Services that you place with us. In particular, we reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

4.2 When you make a purchase in person at our store or via phone order, you agree to provide current, complete and accurate purchase and account information.

4.3 Unless we agree otherwise, you must pay the Price for the Goods or Services at the time of ordering or in accordance with the terms of any invoice, as determined by us.

4.4 You accept that we reserve the right to refuse any refund or exchange of a product which is as a result of a change of mind.

5. RETURNS AND REFUNDS

5.1 This clause 5 is subject to clause 9 and nothing in this clause diminishes your Australian Consumer Law Rights. 
5.1(a) Any return or exchange of any product must be made within 30 days and must be in a resalable condition and returned in its original packaging. You will be responsible for the original and return shipping charges and a restocking fee of 20%. This also applies to orders cancelled during transit. If your original purchase price includes shipping, please contact us to confirm the original shipping cost. Returns will not be accepted if you contact us after 30 days of receiving the item.
5.1(b) Due to the current COVID situation, products which have been with customers for a period greater than 30 days will NOT be available for refund or exchange due to the risk of the spread of COVID by the returning product.

5.2 Upon delivery or collection, you should check the Goods to ensure that they are what you ordered and that they are not damaged or faulty. If this is not the case, you should contact us immediately. You must contact us prior to any installation in order to make a claim in connection with the Good.

5.3 Upon completion of any Services, you should inspect immediately to confirm that they are what you ordered. If this is not the case, you should contact us immediately.

5.4 If the Good is Defective, we will pay for return shipping costs

5.5 If you change your mind in relation to the purchase of any Goods or Services and would like to obtain a refund, you must notify us within 14 days, and you agree and acknowledge that the refund will be issued at our sole discretion.

5.6 In the event that we agree to issue a refund in accordance with clause 5.4:

(a) you will organise and pay for the return of the item, which must be in a resalable condition and in its original packaging;
(b) no refunds will be provided for the return delivery cost of an item;
(c) no refunds will be provided or amounts paid for costs incurred as a result of the installation of a product; and
(d) a restocking fee equal to 20% of the Price will be applied and deducted from the Refund.

5.7 If you would like to:

(a) cancel the purchase of any Goods or Services;
(b) seek a refund in accordance with clause 5.5;
(c) make a claim in relation to a defective Good or Service,
you must contact the Operations Manager at operations@ozi4x4.com.au and include the following information:
(d) the order number for your purchase;
(e) the reasons for the cancellation, request for refund or details about the claim and any further material as may be applicable to your refund; and
(f) whether you are seeking a refund or replacement.

5.8 Returned Goods must be delivered to Unit 2/19 Chifley Street, Smithfield NSW 2164 between Monday and Friday 830am – 430pm.

5.9 In relation to any Good that you arrange for the return of to us under this clause 5, risk in the Goods will only pass to us on actual delivery to the address in clause 5.8 and you are responsible for the Good until that time.
In the event that delivery is made outside the times stipulated in clause 5.8, we will only assume risk at the point of time when we first take charge of the Good within the times stipulated in clause 5.8.

6. PRICE AND PAYMENT

6.1 In consideration for us providing the Goods and/or Services, you agree to pay us the Price, and any other amount payable to us under these Terms and Conditions. All amounts are stated in Australian dollars and are inclusive of GST (unless otherwise stated).

6.2 If and when applicable, GST payable on the Price will be set out in our invoice. You agree to pay the GST amount at the same time as you pay the Price.

6.3 We reserve the right to change the prices of Goods and Services at any time without notice to you. However, the price displayed at the time you purchase the relevant Goods and/or Services will apply to the purchase of the product.

6.4 You accept that there may be instances where the delivery charge changes and you will be notified of the change so that further consideration can be given to any additional delivery charges. This may occur in stances where the cost of the freight has changed due to the availability of a forklift for the delivery of your product.

6.5 If delivery is available in connection with the Goods you purchase, you will also need to pay the listed or notified delivery charge in connection with that delivery (“Delivery Charge”). The Delivery Charge will be listed in your online cart or otherwise communicated to you at the time of purchasing the Good or Service.

7. ESTABLISHING AND USING AN ONLINE ACCOUNT

7.1 If you purchase Goods or Services online, you will need to create an Account with us, unless you utilise the “Guest Checkout” option.

7.2 Your Account is personal and you must not transfer it to others, except with our written permission. You agree to maintain accurate, complete and up-to-date information in your Account. You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.

7.3 By creating an Account or providing your details in the “Guest Checkout” you agree that we may contact you via communication channels, such as text message, phone call or email, in connection with your purchase.

7.4 At our sole discretion, we may refuse to allow any person to register or create an Account.

8. DELIVERY, TITLE AND RISK

8.1 If there is an option to have the Goods delivered and you elect to have the Goods delivered:

(a) we will use reasonable endeavours to deliver the Goods to the Delivery Location;
(b) you acknowledge that delivery may be affected by factors outside of our control, including third party delivery provider services, traffic and adverse weather conditions; and
(c) any delivery time estimate we provide is an estimate only and subject to change.

8.2 If you purchase the Goods from us in person at our store, you must comply with any policies and procedures which apply at the store at the time of your purchase.

8.3 If there is option to purchase the Goods either via telephone or online and for you to collect:

(a) we will use reasonable endeavours to make available the Goods at the Collection Location by the Collection Time;
(b) you will use reasonable endeavours to collect the Goods from the Collection Location and by the Collection Time; and
(c) you will comply with any policies and procedures which apply at the Collection Location from which you collect the Goods.

8.4 Title in the Goods will remain with us until all amounts due and payable to us under these Terms and Conditions are paid by you in full. Risk in the Goods will pass to you on delivery of the Goods to the Delivery Location or collection of the Goods by you at the Collection Location (as applicable).

8.5 Where all amounts due and payable to us under has not been paid by in full in accordance with these Terms and Conditions, we may repossess the Goods.

9. YOUR CONSUMER LAW RIGHTS

9.1 Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the Goods and Services which cannot be excluded, restricted or modified (Consumer Law Rights). Nothing in these Terms and Conditions excludes your Consumer Law Rights.

9.2 Our Goods and Services come with guarantees that cannot be excluded under the ACL. For major failures with the Service, you are entitled:

(a) to cancel the Service with us; and
(b) to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with Goods. If a failure with the Goods or a Service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the Goods and to cancel the Service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the Goods or Service.

9.3 You agree that our Liability for the Goods and Services is governed solely by the ACL and these Terms and Conditions.

9.4 Subject to your Consumer Law Rights, we exclude all implied warranties, representations and guarantees of any kind (whether statutory or otherwise), unless expressly stipulated in these Terms and Conditions.

9.5 Subject to your Consumer Law Rights and the Return Policy, all amounts paid by you for the Goods and Services are non-refundable.
Offer may not be combined with any other coupons, discounts, offers, or promotions.

10. ADDITIONAL WARRANTIES

10.1 In addition to your Consumer Law Rights, particular Goods and Services may come with further warranties (or the option to purchase further warranties) (“Extended Warranties”).

10.2 Extended Warranties only apply in certain situations and may be provided by, and subject to the conditions of, third party manufacturers.
10.3 If an Extended Warranty is included for a Good or Service, this will be made clear in-store or on our website.

10.4 The availability of Extended Warranties, and the relevant conditions that they are subject to, may vary from time. You must make sure you are aware of the details of any Extended Warranty at the time you purchase the Good or Service.

11. LIMITATION OF LIABILITY

11.1 Limitation of Liability: Despite anything to the contrary, to the maximum extent permitted by law, and subject to your Consumer Law Rights:

(a) neither Party will be liable for any Consequential Loss;
(b) a Party’s liability for any Liability under these Terms and Conditions will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of its Personnel), including any failure by that other Party to mitigate its loss; and
(c) our aggregate liability for any Liability arising from or in connection with these Terms and Conditions will be limited to us resupplying the Goods and Services to you or, in our sole discretion, to us repaying you the amount of the Price paid by you to us in respect of the supply of the relevant Goods and Services to which the Liability relates.

11.2 Exclusion of Liability: We exclude liability in relation to:

(a) damage to a Good that is caused by incorrect installation (by a party other than us); and
(b) damage to a vehicle or other property that is caused by incorrect installation (by a party other than us).

12. GENERAL

12.1 Amendment: We reserve the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on our website. The Terms and Conditions that apply at the time you make your purchase are the Terms and Conditions that will apply to your purchase.

12.2 Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms and Conditions, to a debt collector, debt collection agency, or other third party.

12.3 Entire agreement: Subject to your Consumer Law Rights, this Terms and Conditions contain the entire understanding between the Parties, and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms and Conditions, and these Terms and Conditions supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.

12.4 Privacy: Our policy on the collection, use and disclosure of your personal information is set out in our Privacy Policy, which forms part of these Terms and Conditions.

12.5 Force majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms and Conditions if such delay or failure is caused or contributed to by a Force Majeure Event. This clause will not apply to a Party’s obligation to pay any amount that is due and payable to the other Party under these Terms and Conditions.

12.6 Governing law: These Terms and Conditions are governed by the laws of NSW. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in NSW and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

12.7 Joint and several Liability: Where you constitute two or more individuals or entities, you will each be jointly and severally liable under these Terms and Conditions.

12.8 Relationship of Parties: These Terms and Conditions are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.

12.9 Severance: If a provision of these Terms and Conditions is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms and Conditions without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms and Conditions.

12.10 Website: Your use of our website is governed by our Website Terms of Use.

13. INTERPRETATION & DEFINITIONS

13.1 Any reference to “Goods and Services” may mean “Goods and/or Services”, as the case may be.


13.2 In these Terms and Conditions:


Business Days means a day on which banks are open for general banking business in NSW, excluding Saturdays, Sundays and public holidays.
Collection Location means the location where the Goods are to be collected.

Collection Time means the time for the collection of the Goods.

Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. The Parties acknowledge and agree that your obligation to pay us the Price and any other amounts due and payable by you to us under these Terms and Conditions will not constitute “Consequential Loss” for the purposes of this definition.
Delivery Location means the location where the Goods are to be delivered, as agreed between the Parties.

Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.

Goods means the goods we agree to provide under these Terms and Conditions.

GST has the meaning which it is given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms and Conditions or otherwise.

Personnel means, in respect of us, any of our employees, consultants, suppliers, subcontractors or agents.

Price means the price for the provision of the Goods and Services.

Privacy Policy means the policy dealing with our approach to privacy and your personal information, which is available on our website.

Return Policy means the policy dealing with our approach to returns which is available on our website.

Services means the installation services we agree to perform under these Terms and Conditions.

14. Discounts

Offer may not be combined with any other coupons, discounts, offers, or promotions.