Terms of Trade – Eco Boats Australia Pty Ltd

PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF TRADE (“TERMS OF TRADE”) BEFORE ENGAGING THE SERVICES OF OR PURCHASING PRODUCTS FROM ECO BOATS AUSTRALIA PTY LTD.

By placing an order with, or by engaging the services of, Eco Boats, you confirm that you have read, understood, and agree to be legally bound by these Terms of Trade.

By agreeing to these Terms of Trade, you are entering into an agreement with Eco Boats Australia Pty Ltd (ACN 144 508 127), including its successors, assignees, and related bodies corporate (as defined in the Corporations Act 2001 (Cth)) (collectively referred to as “Eco Boats” or “we” or “us”), and you agree to comply with any and all applicable laws and regulations, whether domestic or international. You shall be collectively referred to as “you” or “your” in these Terms of Trade.

By engaging our services or placing an order, you warrant and represent to us that you have read, understand and agree to be bound by these Terms of Trade and that you are over the age of 18 years, have the right, authority and legal capacity to enter into a legally binding agreement and to abide by these Terms of Trade.

OPERATIVE PROVISIONS

1. Definitions and interpretation

1.1 Definitions

The following terms are defined in these Terms of Trade:

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Business Day means a day that is not a Saturday, Sunday, or a day on which banks are not open for business in New South Wales, Australia;

Delivery has the meaning set out in clause 2.6(a);

GST means the goods and services tax payable under the GST Law;

GST Law means the definition given to that term in the A New Tax System (Goods & Services Tax) Act 1999 (Cth).

Products means the goods provided or to be provided by us as specified in an Order;

Purchase Price means the amount charged by us for the Products, including any applicable taxes and costs of Delivery;

Related Body Corporate has the same meaning as it has in the Corporations Act 2001 (Cth);

1.2 Interpretation

In these Terms of Trade the following rules of interpretation apply unless the contrary intention appears:

(a) Headings are for convenience only and do not affect the interpretation of these Terms of Trade.

(b) The singular includes the plural and vice versa, and any gender includes any other gender.

(c) Where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings.

(d) The words “such as”, “including”, “particularly” and similar expressions are not used as nor are intended to be interpreted as words of limitation.

(e) When the day on which something must be done is not a Business Day, that thing must be done on the following Business Day.

(f) No rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of these Terms of Trade or any part of it.

(g) Any reference in these Terms of Trade to a statutory provision shall:

(i) include any subordinate legislation made from time to time under that provision;

(ii) be interpreted to mean references to those provisions as respectively amended or re-enacted from time to time;

(iii) include that provision as from time to time modified or re-enacted provided that in the case of modifications or re-enactments made after the date of these Terms of Trade the same shall not have effected a substantive change to that provision.

(h) A reference to:

(i) a person includes a natural person, partnership, joint venture, government or governmental agency, trust, estate, association, corporation or other body corporate;

(ii) a thing (including but not limited to a chose in action or other right) includes a part of that thing;

(iii) a party includes its successors and permitted assigns;

(iv) a document includes all amendments or supplements to that document;

(v) a clause, term, party, schedule or attachment is a reference to a clause or term of, or party, schedule or attachment to these Terms of Trade;

(vi) a law includes a constitutional provision, treaty, decree, convention, statute, regulation, ordinance, by-law, judgment, rule of common law or equity and is a reference to that law as amended, consolidated or replaced;

(vii) an agreement other than these Terms of Trade includes an undertaking, or legally enforceable arrangement or understanding whether or not in writing; and

(viii) a monetary amount is in Australian dollars.

2. Products, Orders, Delivery and Title

2.1 Supply of Products

(a) Eco Boats agrees to supply the Products as per these Terms of Trade, within an agreed time frame and to an agreed delivery address. All agreed delivery time frames are estimates only and if no time frame is agreed upon, delivery will occur within a reasonable period.

(b) Subject to clause 2.3 (g), Eco Boats agrees that at all times, and at its cost, it will comply with all applicable acts, ordinances, rules, regulations, other delegated legislation, codes, and the requirements of any Commonwealth, state, and local government departments (including in relation to importation), bodies, and public authorities, as far as the same may affect, or apply to us or to the Products.

2.2 Orders

(a) For certain Products, you will be required to complete and send us an order confirmation form. If you are required to send us an order confirmation form we will inform you and provide you with a copy. Each order confirmation must specify the goods to be supplied and pertinent details including, but not limited to, options, colours, extras, and delivery instructions and for other Products, if we send you an invoice and you accept the order by paying the invoice or otherwise acknowledging receipt of the invoice. In this case, you agree that no separate order confirmation will be provided. We may proceed with the order as indicated in the invoice and will consider it as accepted by you upon your payment or acknowledgment (Order).

(b) Any Order shall be confirmed only upon our receipt and acceptance of a signed Order and upon our confirmation of receipt of your payment of the full Purchase Price or deposit amount to a bank account nominated by us in writing, as the case may be. The confirmation will be communicated to you in writing, by email or other agreed means.

(c) Upon placing an Order, you will be required to pay the Purchase Price in full or make a deposit as specified in order to confirm your Order. The parties agree that each Order is deemed to incorporate and is governed by these Terms of Trade and constitutes an offer by you to purchase the Products, subject to the final invoice price, according to the terms and conditions outlined herein.

(d) The Terms of Trade and the Order govern each supply. In the event of any inconsistency between the two, the Terms of Trade will prevail.

2.3 Bespoke products

(a) We offer the option for you to customise certain Products according to their specifications (‘Bespoke Products’). By choosing to order Bespoke Products, you agree to provide clear, comprehensive instructions regarding the design, appearance, functionality, and any other relevant specifications for the Bespoke Products.

(b) Prior to the commencement of the production of Bespoke Products, we will provide you with design proofs, prototypes, or descriptions (‘Design Approval Documents’) of the proposed final product for review and approval. You are responsible for thoroughly reviewing all Design Approval Documents to ensure that they meet your requirements and expectations.

(c) Your written approval of the Design Approval Documents (‘Sign-off’) is required before production of the Bespoke Products can begin. Once the Sign-off is received, we will proceed with the production of the Bespoke Products based on the approved Design Approval Documents.

(d) You acknowledge and agree that upon providing Sign-off, you are fully responsible for any discrepancies between the Bespoke Products received and your expectations, provided that the delivered Bespoke Products are consistent with the approved Design Approval Documents. You understand that no returns, refunds, or exchanges can be made for Bespoke Products on the basis that the finished product did not meet your expectations, so long as the product matches the Sign-off specifications.

(e) Any request for modifications to the Bespoke Products after your Sign-off must be submitted in writing and may be subject to additional charges. We will endeavour to accommodate modification requests; however, we cannot guarantee that all modifications will be feasible depending on the stage of production. Any modifications agreed upon after Sign-off may also result in delays in the delivery of the Bespoke Products.

(f) By providing Sign-off for Bespoke Products, you acknowledge that you have had the opportunity to consult with us regarding the specifications of the Bespoke Products and that you are satisfied that these specifications meet your requirements and expectations.

(g) You are responsible for ensuring that the Bespoke Products comply with all relevant laws, regulations, and requirements from Commonwealth, state, and local authorities, including those related to safety. We are not obligated to perform any tests or compliance checks for the Bespoke Products unless we have agreed to do so in writing. This clause shall not affect your rights under the Australian Consumer Law, including but not limited to rights in relation to faulty or misdescribed goods.

2.4 Cancellations

(a) Please note that you cannot cancel or amend an Order once it has been placed, except as required by Australian Consumer Law, or unless otherwise agreed to by us in writing.

(b) If you cancel an Order, you may be liable for any loss we incur due to the cancellation, provided we’ve made reasonable efforts to mitigate such loss. Any claim for loss shall be supported by us by way of provision of appropriate documentation to you.

(c) All Orders are made subject to availability. Whilst we use our best efforts to ensure that Products are available for delivery, there may be some circumstances where Products are unavailable. Where we cannot fulfil your Order, or a part of your Order, we will notify you within a reasonable time after you complete your Order. Please note that we may need to reject your Order or reject part of your Order on this basis.

(d) If your Order is rejected or cancelled, we will refund in full all amounts you have paid in respect of such unavailable Products. Alternatively, we may contact you to advise you of a delay in restocking a particular good and a delay in delivery of your Order. In this case, you may elect to proceed with your Order based on the delayed delivery date, cancel your Order, or select an alternative good. If you do not vary or cancel your Order within two (2) business days of notification, you are deemed to have accepted the delay.

2.5 Purchase Price

(a) In consideration for your purchase of the Products, you agree to pay the Purchase Price in full (including any deposit amount) as agreed in writing between the parties. You may be required to pay the deposit amount upon confirmation of your Order. Any balance amount of the Purchase Price, plus the price of any additional items ordered and supplied during assembly or any additional fees as to delivery or shipping as informed to you in writing, shall be payable before the Products can be released for shipment from the factory or per the due date on the invoice.

(b) Subject to Australian Consumer Law, you agree that upon confirmation of the Order and delivery of the Products to you by us, all sales are final and non-refundable, except where we provide otherwise in writing. For the avoidance of doubt, nothing in these Terms of Trade is intended to exclude any right or remedy that you may be entitled to under Australian Consumer Law.

(c) If you become or, in our reasonable opinion, you are in jeopardy of becoming subject to any form of insolvency or bankruptcy, you agree and acknowledge that:

(i) you have breached these Terms of Trade;

(ii) you forfeit any deposit amount paid to us by you; and

(iii) we may terminate these Terms of Trade in accordance with clause 6.

(d) The parties acknowledge and agree that if the specification of an order is varied in writing with the consent of both parties, then additional costs shall be invoiced to you and payable in the same manner as set out in this clause, unless otherwise agreed in writing.

(e) Where your Order involves Products that are manufactured and imported in accordance with your specifications or requirements, we will provide you with a quote or invoice based on the prevailing exchange rate (Initial Prevailing Exchange Rate) at the time, which shall be disclosed to you. You agree and acknowledge that currency is often subject to fluctuations and we have no control over the exchange rate and thus the exchange rate at the time of your deposit or payment (Actual Exchange Rate) may be different from the Initial Prevailing Exchange Rate upon which we based our calculation of the Purchase Price. You agree and acknowledge that where the Actual Exchange Rate is 1% more than the Initial Prevailing Exchange Rate, the Purchase Price shall be varied or adjusted accordingly. You agree and acknowledge that such variance or adjustment is reasonable in the circumstances, and we will promptly notify you of any such adjustment.

(f) You agree to pay the full Purchase Price to a bank account we nominate in writing before we deliver the Products.

2.6 Delivery, Shipping and Title

(a) We only deliver to addresses within Australia. We do not deliver to overseas locations. We also offer free collection or pick up from our locations. Please contact us to organise collection.

(b) You agree that you may be charged a fee for shipping of the Product and that an additional nominal fee may apply if delivery is required to your door. All such fees will be notified to you in writing prior to your Product being shipped.

(c) The parties will agree in writing during the Ordering process the relevant details in relation to shipping and delivery, including without limitation whether the Product will be delivered to you or whether you (or your nominee) will collect the Product from us. Any changes to the delivery method must also be agreed upon in writing by both parties.

(d) Products that are held in stock will be delivered to you on the date specified in the Order or as otherwise agreed between the parties in writing. If there is any expected delay, we will notify you immediately with a revised delivery date.

(e) For Products that are made-to-order or imported-to-order, we will inform you about the expected lead time and expected delivery times. Please note that delivery to remote areas is generally estimated to take longer than delivery to metropolitan areas. You acknowledge and agree that the said delivery times are estimates only and that time is not of the essence in relation to delivery of Products. You acknowledge and agree that we, our importers, suppliers, or agents are not liable for any delays in delivery of the Products caused by events beyond our control. However, we will notify you immediately if there is any significant delay beyond the estimated delivery time.

(f) Some items may be delivered to you directly by our suppliers, in which case our suppliers will organise shipping and/or delivery. Where shipping and/or delivery is undertaken by our suppliers, importers or shipping/transport agencies, they will ship or deliver the Products to you in their capacity as an agent for the purchaser (i.e. you). Where delivery is organised in the manner set out in this clause 2.5(f), risk in the Products passes to you once you or your nominee actually receive and take possession of the Products.

(g) Where we undertake delivery via our internal delivery process, the Products are deemed to have been delivered to you when we actually deliver the Products to the address agreed upon by the parties in writing (Delivery). If the Products cannot be delivered due to circumstances outside of our control, such as the absence of the recipient at the agreed address, the cost of any subsequent delivery attempts shall be borne by you, and we will notify you promptly to arrange for an alternative delivery date or pickup arrangement.

(h) We will endeavour to provide you with an estimated time of arrival and tracking number, provided that the same is available to us. However please note that these are estimates only and are not guaranteed.

(i) We use various postal and courier services for shipping and freight and often require a signature from someone at the designated delivery address upon delivery. Please note that if there is no one available to provide a signature, a card may be left at the delivery address and the parcel may be redirected to the nearest post office or courier depot. To avoid circumstances like this, we recommend that you provide a delivery address that is occupied or attended during normal business hours as this may aid in minimising the possibility of redeliveries, delays and/or additional fees.

(j) We hold the risk and title to the Products until Delivery. Title and risk in the Products pass to you upon Delivery, provided you’ve paid the full Purchase Price and any associated costs.

(k) If Delivery of the Products may be delayed, we shall immediately notify you of the same and will take all reasonable acts to minimise any delay and have the Product delivered to you as soon as possible.

3. Returns and Refunds

3.1 Faulty Products

(a) Certain products may differ slightly from the product description due to releases of newer models, changes in color schemes, and the addition or removal of features. These differences do not affect the product’s overall functionality or usability in its intended purpose. You agree and acknowledge that such minor variations are beyond our control and accept that they are not considered defects.

(b) Upon delivery of Products to you, you shall within three (3) days of delivery inspect the Products and notify us of any defect, shortage in quantity, damage or failure to comply with the description or quote.

(c) You shall provide us an opportunity to inspect the Products within a reasonable time after the same has been returned to us.

(d) If you fail to notify us within three (3) days of delivery as set out in this clause, then the Products shall be deemed to be free from any defect and damage.

(e) If an item is faulty, wrongly described, incorrect, or otherwise in breach of Australian Consumer Law, we will meet our legal obligations. This may include refunding the Purchase Price and delivery charges or repairing the faulty Product or providing a replacement (as determined by us in our sole discretion), provided that you produce satisfactory evidence of the faulty or damaged item and a valid proof of purchase as outlined in these Terms of Trade.

(f) We can assist you with a repair, replacement or refund, upon assessment by us, provided that:

(i) the Product is considered damaged, broken, faulty, or in breach of Australian Consumer Law; or

(ii) the Product varies significantly from the description and/or images in our brochure or website; or

(iii) the Product delivered is not the item that was ordered.

Please see clause 4.4 for further information.

(g) Please note that we shall not accept liability for Products which have been stored or used in an improper manner at any time after delivery.

3.2 Product Returns

(a) Due to the nature of the Products we sell, we do not accept returns or provide refunds for change of mind or incorrect product choice made by you.

(b) Under certain circumstances, to be assessed on a case-by-case basis and at our sole discretion, we may allow for a return in the event of change of mind or incorrect product choice, provided that the Product is unused and undamaged, in its original packaging and free from defects arising from your actions, negligence or omissions. We reserve the right to charge a fee of 15% of the value of the Product to cover our administration and re-stocking costs arising from a return of product in the event of change of mind or incorrect product choice made by you. Please note that additional charges may apply if the Products are returned in damaged, incomplete or non-original packaging.

(c) Once you have contacted us about a faulty, damaged, incorrect or broken item, we will provide instructions on either how to safely dispose of the item or, where relevant, how to return it to us at our expense. Please do not post a faulty, damaged, or broken item to us unless expressly instructed by us to do so. We take no responsibility for any item returned to us by post if it is not received by us, is lost, or is damaged in transit. Eco Boats Australia will not be liable for any costs associated with unauthorized returns.

3.3 Replacements and Exchanges

(a) If a product is out of stock, we may not be able to offer a replacement or exchange. In such cases, we will provide alternatives such as a full refund or store credit, as per Australian Consumer Law.

(b) Please note that where we or our supplier have agreed to a replacement, such replacement shall be limited to the specific stand-alone item where the fault may reside. For the avoidance of doubt, this may not involve a replacement of the whole Product or unit.

3.4 Refund Tender

(a) Refunds

(i) If you are entitled to a refund for the original purchase, the refund will be returned in the same manner as the original payment method. For purchases made by credit or debit card, the refund will be processed to the same card used for the original purchase.

(ii) Processing of refunds may take up to seven (7) business days to appear on the Customer’s account, depending on the processing times of different payment providers.

3.5 Consumer Guarantees

(a) Nothing in this clause is intended to replace or exclude any rights available to you under the Australian Consumer Law (‘ACL’). You retain your statutory rights under the ACL in addition to any rights provided under these Terms of Trade.

(b) If you believe an item purchased from us is faulty, you may have rights under the Australian Consumer Law. If there is a major failure with the item, you may choose a refund, exchange, or repair, and compensation for any other reasonably foreseeable loss or damage directly resulting from the major failure. You are also entitled to have the item repaired or replaced if the item fails to be of acceptable quality and this failure does not amount to a major failure. We will not provide a refund, exchange, or repair for items damaged through misuse or normal wear and tear.

(c) Certain legislation, including the Australian Consumer Law and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees, and remedies relating to the provision of goods or services by us which cannot be excluded, restricted, or modified. Our liability is governed solely by the ACL, these Terms of Trade, and any terms and conditions specified on our website, provided that any updates to such terms will be clearly communicated to you and mutually agreed upon where required by law.

4. Warranty

4.1 What is included in our warranty

(a) Our warranty covers hardware faults and defects in manufacturing or design that results in the Product being unable to function as intended by us.

4.2 What is excluded from our warranty

(a) Our warranty does not cover damage caused by accident, improper installation, unauthorised repair or modification, misuse, neglect and normal wear and tear.

(b) We exclude liability for any incidental or consequential loss, including but not limited to any costs associated with towing, slipway costs, labour costs, telecommunications, loss of earnings and time spent, arising from a fault.

4.3 Battery warranty

(a) Any batteries supplied by us shall be covered by the warranty, subject to the rest of this clause. Instructions in relation to proper use, charging and storage of batteries are provided to you in the relevant user manual. You are required to follow the instructions contained in such user manual in order to ensure proper and safe use of the batteries and battery health. This warranty shall not apply to any fault or damage arising as a result of your failure to adhere to the instructions contained in the user manual.

(b) Please note that all batteries naturally lose their ability to hold charge over the product lifetime. The available power output and run time of batteries shall decrease proportionately with the age of the battery, even if the battery remains unused for any particular period of time. Please note that this is normal and to be expected.

4.4 Warranty process

(a) Subject to the ACL, we and our supplier(s) retain the right to decide (in our sole discretion) whether faulty parts may be repaired or replaced. We are entitled to refuse a warranty claim if:

(i) the Product was not dealt with in accordance with instructions;

(ii) the safety, operating and care instructions in any manual provided to you were not observed;

(iii) the Product was altered or modified in any manner;

(iv) parts and accessories were added to the Product and that was not expressly permitted or recommended by us;

(v) previous services or repairs were carried out by entities or firms that were not authorised by us or parts that were not original were used.

(b) If you have purchased your Product from us directly, please send us an email to info@ecoboats.com.au to lodge your warranty claim along with the following information:

(i) original order details, including order number, invoice number and purchase date;

(ii) Product serial number;

(iii) proof of purchase in the form of your confirmation email, order invoice or original receipt;

(iv) description of the fault;

(v) photos or videos of the faulty Products and demonstrating the fault; and

(vi) any other pertinent details as to the defect, damage or non-fulfilment of the Order as agreed.

(Warranty Claim).

(c) If you have purchased your Product from one of our dealers, please present the information contained in clause 4.4(b) to the relevant dealer so that they may forward the same to us.

(d) Once we receive your Warranty Claim, we will endeavour to respond within 10 business days with our proposed course of action. This may involve a repair or replacement of the faulty product, where it is determined that there is a manufacturer’s fault or product fault.

(e) We reserve the right to deny claims lodged under warranty for faults or damages that do not, in our opinion, fall within the scope of clause 4.1.

(f) You must contact us at info@ecoboats.com.au prior to sending any products for assessment.

(g) When sending a Product to us for warranty assessment, you are responsible for arranging the initial shipping. You must ensure that the Product is packed appropriately, preferably in its original packaging where practicable. Please note that lithium batteries should be shipped as ‘Dangerous Goods’ (DG) and in accordance with the directives of the courier/postal service. Any damages incurred during shipping shall not be covered by the warranty. Where the Product cannot be handled by Australia Post, please contact us at info@ecoboats.com.au to discuss alternative shipping options. Where your warranty claim is accepted by us, we will send the repaired or replacement product to you at no extra charge and will further reimburse you for the cost of shipping the Product to us for the purposes of warranty assessment, provided that you are able to produce valid invoices. If your warranty claim is rejected, you will not be entitled to any refund or reimbursement of the shipping charges and will be liable to pay for any shipping costs necessitated in order to return the Product to you.

5. Taxation

5.1 Payment of GST

(a)  Unless specified otherwise, the Purchase Price payable under these Terms of Trade and displayed on our website includes GST. Applicable GST will be clearly specified on the payment invoice (the "GST Amount").

(b) The party making the supply must promptly provide a tax invoice or receipt in a form approved for GST purposes, for any supply for which the party making the supply is entitled to recover GST.

(c) If a party incurs a GST payable cost, they may claim the cost plus GST, unless they are entitled to an input tax credit for that GST.

(d) Any GST Amount must be paid within the same time frame as the consideration on which the GST Amount is calculated. However, the party receiving the supply is not required to pay the GST Amount until seven (7) days after receiving a tax invoice.

6. Termination

6.1 Without prejudice to any other remedies, we may:

(a) cancel all or any part of any Order or suspend or terminate the supply of Products to you with written notice if, at any time you are in breach of any obligation (including those relating to payment) under these Terms of Trade; or

(b) terminate these Terms of Trade, in our absolute discretion, at any time and without notice to you and in such instance will complete or cancel, and refund, any Orders placed prior to the date of termination, at our election.

6.2 If we cancel an Order and you are not in breach of these Terms of Trade we will issue you with a full refund of the purchase price of any Products paid for but not supplied.

6.3 Without prejudice to any other remedies, we may terminate these Terms of Trade by written notice to you, if you become or, in our reasonable opinion, are in jeopardy of becoming subject to any form of insolvency or bankruptcy.

6.4 To the maximum extent permitted by law, we will not be liable to you for any indirect, special, incidental, or consequential loss or damage you suffer because we have exercised our rights under this clause or these Terms of Trade.

7. Liability

7.1 To the maximum extent permitted by law, neither we, nor any of our employees or agents, will be liable for any loss, damage or injury whatsoever (including for negligence, death, injury or illness and special, indirect or consequential loss or damage such as loss of profits, loss of revenue, loss of goodwill, loss of opportunity, unavailability of systems or loss of data), whether in contract, tort or otherwise, arising from or in connection with any Goods or services supplied by us or these Terms of Trade or any breach of these Terms of Trade, except to the extent caused by our gross negligence or willful misconduct.

7.2 You agree to be responsible for any consequences resulting from your actions, omissions, negligence, or use of the Products.

7.3 To the maximum extent permitted by law, our liability under these Terms of Trade shall be limited to any one or more of the following:

(a) the replacement of the Products or re-supply of equivalent Products;

(b) the repair of such Products;

(c) the payment of the cost of replacing the Products or of acquiring equivalent products or a refund of the Purchase Price; or

(d) the payment of the cost of having the Products repaired.

7.4 To the extent permitted by law, we expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, unless expressly stated in these Terms of Trade or if required under Australian Consumer Law. Nothing in these Terms of Trade purports to exclude any rights or remedies in respect of goods or services under the Australian Consumer Law which cannot be excluded, restricted, or modified.

7.5 In addition, we do not provide any guarantees or warranties, express or implied, that the Product (including any Bespoke Products) will meet your specific expectations, requirements, or needs. Given that the successful performance of a Product is open to interpretation and dependent on a myriad of factors including but not limited to weather conditions or the other goods or products you use in conjunction with the Product, we do not warrant or guarantee that you will be satisfied by the performance of your Product. Any statements or representations made regarding the Product are for informational purposes only and should not be construed as assurances of performance, quality, or suitability for any particular purpose. It is your responsibility to ensure that the Product meets your individual needs and requirements before making a purchase from us.

7.6 To maximum extent permitted by law, our total aggregate liability to you under or in any way connected with these Terms of Trade or a Product, or the performance or non-performance of these Terms of Trade is limited to the total amount paid for any Products purchased by you in the three (3) month period immediately preceding the date on which the relevant claim arose.

7.7 You acknowledge and agree that we do not carry out installations of electric drive systems. We provide an installation and user manual with your system. For low-voltage systems, you can choose to self-install or have it installed by a qualified electrician. High-voltage systems and 240V AC systems must be installed by a licensed electrician. You agree and acknowledge that it is solely your responsibility to engage a licensed electrician to install the system in accordance with good practices and safety measures. We disclaim any liability for damages, losses, or issues arising from improper installation, including but not limited to those resulting from failure to follow installation procedures or safety standards.

7.8 This clause survives termination of these Terms of Trade.

8. Release and Indemnity

8.1 You agree to release, indemnify, and hold us harmless from any claims, losses, and damages arising from your use of the Products or any third party use resulting from your act or omission, unless due to our negligence or statutory breach. This includes reasonable legal fees, unless deemed legally unreasonable.

8.2 This clause survives termination of these Terms of Trade.

9. Dispute Resolution

9.1 If a dispute arises out of or relates to these Terms of Trade, a party must not commence any court or other proceedings relating to the dispute unless it has first complied with the following procedure: (a) If the parties cannot agree on a dispute resolution method, timetable, or independent person within 30 days (or such further period as they may agree in writing), the parties must refer the matter to mediation under the Mediation Rules of the Law Society of the Applicable State and Territory or, if no such Mediation Rules exist, the New South Wales Law Society.

(a) the party claiming that a dispute has arisen must give written notice to the other party specifying the nature of the dispute;

(b) on receipt of that notice by that other party, the parties must endeavour in good faith to resolve the dispute using informal dispute resolution techniques such as mediation, expert evaluation, arbitration or similar methods agreed by them;

(c) if the parties do not agree within one (1) month of receipt of the notice (or such further period as the parties agree in writing) as to:

(i) the dispute resolution method and procedures to be adopted;

(ii) the timetable for all steps in those procedures; and

(iii) the selection and compensation of the independent person required for such method,

the parties must mediate the dispute in accordance with the Mediation Rules of the Law Society of New South Wales.

9.2 Nothing in these Terms of Trade will prejudice the right of a party to seek injunctive or declaratory relief in respect of a dispute or any matter arising under these Terms of Trade.

10. General

10.1 Assignment: You cannot assign, transfer, or novate your rights or obligations under these Terms of Trade without our prior written consent. Any such action without consent is void. A change in control, as defined in the Corporations Act, is a deemed assignment.

10.2 Costs: Where applicable, each party must pay its costs of entering into and negotiation of these Terms of Trade.

10.3 Counterparts: These Terms of Trade may be executed in any number of counterparts, each being an original, but all comprising the same agreement. A counterpart is effective once each party has executed one.