Terms of Sale of “Rhino-Rack” branded products at the National 4x4 Outdoors Show Brisbane
1. These terms of sale apply to all purchases of “Rhino-Rack” branded products (“Products”) at the National 4x4 Outdoors Show Brisbane (17 March 2023 -19 March 2023) (“Show”). By proceeding with the purchase, the purchaser acknowledges that it has read and agrees to be bound by these terms.
2. The Products are sold subject to these terms to the exclusion of any other terms and conditions. No amendments to these terms are binding unless approved in writing by Rhino-Rack.
3. All purchases at the Show are final, subject to the warranty terms set out below. Rhino-Rack does not accept returns of Products for change of mind or incorrect purchase.
4. The purchaser warrants that the Product is purchased for personal use and not in the course of a business.
5. Before proceeding with the purchase, the purchaser must satisfy itself as to the identification, content, quantity and price of each Product to be purchased. The purchaser warrants and acknowledges that the purchase is correct, accurate and complete.
6. All prices are stated exclusive of any applicable duties, charges, levies, fees and taxes (including the GST), unless stated otherwise.
7. The purchaser agrees to pay all applicable shipping, delivery and handling charges which are in addition to the price for the Products.
8. If applicable, payment for the Products and delivery must be made in full before the purchaser takes possession of the Products or before delivery of Products to the purchaser. Rhino-Rack will arrange delivery of Products to the delivery address nominated by the purchaser. The Products will be delivered by a carrier selected by Rhino-Rack.
9. Upon sale of the Products, Rhino-Rack will issue a tax invoice for the Products purchased and any delivery charges.
10. Title to and risk in the Products passes to the purchaser upon delivery of the Products to the purchaser. Delivery occurs when possession or control of the Products passes to the purchaser, its representative, agent or carrier.
11. Any dates specified by Rhino-Rack for delivery of the Products are intended to be an estimate only. Rhino-Rack will not be liable for any delay in delivery of the Products.
12. Upon delivery of Products, the purchaser shall inspect the Products and packaging for the quantity and quality and immediately notify Rhino-Rack if the delivery is incorrect or deficient. Rhino-Rack’s content description, weights and measurements shall govern unless proven to be incorrect.
13. The purchaser must comply with any Product manual, specification or instruction when using, installing and handling the Product.
14. The purchaser shall keep records of each purchase, showing the date of purchase or supply and the quantity received or supplied.
15. Nothing in these terms shall be interpreted as an attempt to modify, limit or exclude terms or warranties which are imposed by statute (including but not limited to the Competition and Consumer Act 2010 (Cth)) and which cannot be modified, limited or excluded.
16. Other than as specifically set out in these terms, and to the extent permissible by law, all representations and warranties implied by statute or law are excluded.
17. Rhino-Rack warrants that the Products are of merchantable quality and free from defects. The Products are supplied subject to the warranty terms available at https://www.rhinorack.com/en-au/warranty-terms Any claims relating to the quality of a Product must be made within the warranty period applicable to that Product. Proof of purchase must be presented when a warranty claim is made.
18. The purchaser can only return the Product if Rhino-Rack accepts that the Product is defective. The purchaser shall contact customerservice@rhinorack.com.au if the purchaser considers the Product to be defective. The purchaser shall not return any Product to Rhino-Rack unless Rhino-Rack confirms acceptance of a request for such return in writing and provides a return note and any specific instructions for return of the Product.
19. If Rhino-Rack establishes that the Product is defective, Rhino-Rack will provide an instruction on the return of the Product. A refund or replacement will be issued when the Product is returned to Rhino-Rack and Rhino-Rack satisfies itself that the Product is defective.
20. In the event the purchaser returns a non-defective Product, Rhino-Rack reserves the right not to refund the amount of the purchase.
21. To the extent permitted by law, the liability of Rhino-Rack for breach of these terms, for negligence or other tort and for breach of statutory duty, implied term or warranty about the Products sold, shall be limited, at the option of Rhino-Rack, to: (a) the replacement of the Products; (b) the repair of the Products; (c) the payment of the cost of replacing the Products; or (d) the payment of the cost of having the Products repaired.
22. The limitations and exclusions of liability set out hereto also apply to loss incurred in respect of personal injury and loss arising from wilful acts and omissions.
23. If any provision of these terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and the remainder of the provisions in question will not be affected. 24. The purchaser acknowledges and agrees that it has read and consents to Rhino-Rack’s privacy policy available at https://www.rhinorack.com/en-au/privacy-policy
Last updated: 07 March 2023