eBay

PRODUCTS

About Us

About Us

About Outback Equipment

Started by a few mates with a shared passion for 4WDs and all things outdoors – Outback Equipment was built on the ideal of bringing old world service back to online shopping.

No flashy sales tactics, no gimmicky products – just good old-fashioned customer service and honest advice.

We only carry a range of products that we would personally use ourselves, products tried and tested for Australian conditions.

We cater to the broadest range of individuals, from the rookie 4WD and camper just getting started, to the saltiest of you outback veterans.

We help where we can and we are always open to suggestions from you who have been around the block a few times so we may better serve you.

We are 100% Australian owned and operated with our warehouse being located in Brisbane.

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Contact Us

Contact Us

Due to recent eBay policy changes we can no longer take calls directly to us. You can however still contact us directory via eBay messages. Click here.

Due to recent eBay policy changes we can no longer take calls directly to us. You can however still contact us directory via eBay messages.

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Returns

Returns

Outback Equipment is committed to customer satisfaction. If you are unhappy with any product you receive, simply contact us so we can work with you to resolve the issue as quickly as possible.

Broken or faulty products

If a product is found to be defective, please contact us as soon as you are made aware of the problem. A repair, replacement, or refund will be organised and will generally occur after consulting with the manufacturer or supplier.

Any repairs that may need to be carried out will be done so by the manufacturer and not by Outback Equipment. If a repair cannot be made, then Outback Equipment will endeavour to have the item replaced or a refund will be offered.

Note: Goods are only warranted for defects in manufacturing. The standard warranty across most products is 12 months unless otherwise specified by the manufacturer.

Change-of-mind or incorrect choice

For any purchases where a change-of-mind occurs or the customer has chosen an incorrect item, the customer has up to 30 days to request an exchange or a store credit. All exchanges, store credits, and refunds will be effected upon return of the item. Any arrangement made prior to the item being returned, will be made at the discretion of Outback Equipment. These items must be returned in their original, undamaged condition.

Return shipping

If a product is deemed faulty and is required to be returned, Outback Equipment will provide a Postage Paid label. This only applies to claims made within 60 days from purchase. Any claims made outside this period will be considered a warranty claim and postage will therefore need to be incurred by the customer.

For any change-of-mind or incorrectly chosen purchases that need to be returned, the cost of return postage will be incurred by the customer.

Our return address:

Will be advised once the ebay return process has begun.

Please contact Outback Equipment before returning any items.

Fitment or Assembly of Goods

For goods that require fitment or assembly our return policy cannot extend beyond the value/cost of the item ordered. This is in large part because the performance of these items is dependent on correct fitment, assembly, and operation. The part must only be fitted by a qualified person. Failure to comply with manufacturer’s specifications may result in property damage, severe injury, or death.

Goods should also be carefully inspected for marks, scratches, or any damage prior to installation. No warranty claims of this nature will be accepted once fitted.

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Delivery
Delivery
ALL ITEMS ARE SHIPPED FROM OUR BRISBANE WAREHOUSE

eBay Delivery Estimates:

Please note the delivery time frame estimates displayed are auto-generated by eBay and are sometimes inaccurate. Our courier services use the road network and while we dispatch daily it can take some time for items to be delivered depending on the postal location in relation to Brisbane. Please read the following for a more applicable estimate of Outback Equipment's shipping times.

Standard Shipping Orders will be dispatched within 1-3 business days of payment confirmation. Standard shipping delivery times will range from 2-5 business days in metropolitan cities and may take up to 8-12 business days in rural areas.

Express Shipping or expedited shipping is also available. Please contact us for further information.

Outback Equipment will ship internationally! However, at this moment in time our site cannot automate shipping for orders outside of Australia. Please contact us directly to organize alternative shipping arrangements. Apologies for the inconvenience.

Delivery Times:

Same State Metropolitan = 3-4 Business Days

Country Locations = 4-8 Business Days

Other States Metropolitan (Excluding Perth, Tasmania & Darwin) = 3 – 6 Business Days

Between other Capital Cities = 5 – 10 Business Days

Interstate Country = 4 – 14 Business Days

Free shipping only applies for marked items.

Please note that some bulky and heavy items will not be eligible for free shipping.

Outback Equipment utilises Australia Post, Express Post, Fastway Couriers, and Toll Group.

Please note: Oversized items that cannot be serviced by Fastway due to area restrictions will be sent via Toll.

All orders sent via Toll will automatically be given an Authority to Leave at the specified shipping address.
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Terms & Conditions of Trade

Terms & Conditions of Trade

1. Definitions
1.1 ACL means the Australian Consumer Law Schedule
to the Competition and Consumer Act 2010 (Cth)
and its associated Regulations as amended.
1.2 Agreement means any agreement for the provision
of goods or services by the Supplier to the Client;
1.3 Client means the Client (or any person acting on
behalf of and with its authority) as described on any
quotation, work authorisation or other form as
provided by the Supplier to the Client.
1.4 Consumer is as defined in the ACL.
1.5 Goods means all Goods supplied by the Supplier to
the Client as described on the invoices, quotation,
work authorisation or any other forms as provided
by the Supplier to the Client.
1.6 Guarantor means that person (or persons) who
agrees to be liable for the debts of the Client on a
principal debtor basis.
1.7 Price means the Price payable for the Goods and
Services as agreed between the Supplier and the
Client in accordance with clause 4 of this contract.
1.8 Services means all Services supplied by the
Supplier to the Client under this Agreement.
1.9 Supplier means Outback Equipment (Aust) Pty Ltd,
its successors and assigns or any person acting on
its behalf and with its authority.
2. Competition and Consumer Act 2010 (CCA) and
Fair Trading Acts (FTA)
2.1 Nothing in this Agreement is intended to have the
effect of contracting out of any applicable provisions
of the CCA or the FTA in each of the States and
Territories of Australia (including any substitute to
those Acts or re-enactment thereof), except to the
extent permitted by those Acts where applicable.
2.2 Where the Client buys Goods or Services as a
consumer, these terms and conditions shall be
subject to any laws or legislation governing the
rights of consumers and shall not affect the
consumer’s statutory rights.
3. Acceptance
3.1 Any instructions received by the Supplier from the
Client for the supply of Goods or Services and/or
the Client’s acceptance of Goods or Services
supplied by the Supplier shall constitute acceptance
of the terms and conditions contained herein.
3.2 Where more than one Client has entered into this
agreement, the Clients shall be jointly and severally
liable for all payments of the Price and all other
monies due under this Agreement.
3.3 Upon acceptance of these terms and conditions by
the Client, the terms and conditions are binding and
can only be amended with the written consent of the
Supplier.
3.4 The Client shall give the Supplier not less than
fourteen (14) days prior written notice of any
proposed change of ownership of the Client, or any
change in the Client’s name and/or any other
change in the Client’s details (including but not
limited to, changes in the Client’s address, facsimile
number, or business practice). The Client shall be
liable for any loss incurred by the Supplier as a result
of the Client’s failure to comply with this clause.
3.5 Goods and Services are supplied by the Supplier
only on the terms and conditions herein to the
exclusion of anything to the contrary in the terms of
the Client’s order notwithstanding that any such order
is placed on terms that purport to override these
terms and conditions.
4. Price and Payment
4.1 At the Supplier’s sole discretion the Price shall be
either:
(a) as indicated on invoices provided by the
Supplier to the Client in respect of Goods and
Services supplied;
(b) the Supplier’s current price at the date of
delivery of the Goods or provision of the
Services according to the Supplier’s current
Price list; or
(c) the Supplier’s quoted Price (subject to clause
4.2) which shall be binding upon the Supplier
provided that the Client shall accept the
Supplier’s quotation in writing within fourteen
(14) days.
4.2 The Supplier reserves the right to change the Price in
the event of a variation to the Supplier’s quotation.
Any variation from the plan of scheduled works or
specifications (including, but not limited to, any
variation due to unforeseen circumstances, or due to
fluctuations in the currency exchange rate, or as a
result of increases to the Supplier in the cost of
materials and labour) will be charged for on the basis
of the Supplier’s quotation and will be shown as
variations on the invoice. Payment for all variations
must be made in full at their time of completion.
4.3 Where there is any change in the costs incurred by
the Supplier in relation to Goods or Services, and the
Supplier proposes to increase its price to take
account of any such change, it must notify the Client
and the Client may:
(a) accept the change in price, and continue under
the Agreement; or
(b) reject the change in price, and cancel the
Agreement.
4.4 Payment for approved Clients must be made in full by
the end of the month immediately following the date
of invoice.
4.5 Time for payment shall be of the essence and will be
stated on the invoice or any other forms. If no time is
stated then payment shall be due seven (7) days
following the date of the invoice.
4.6 Payment must be made by cash, or by cheque, or by
bank cheque, or by credit card (plus a surcharge of
no more than the cost of acceptance for that card
type), or by direct credit, or by any other method as
agreed to between the Client and the Supplier.
4.7 GST and other taxes and duties that may be
applicable shall be added to the Price except when
they are expressly included in the Price.

5.0 Delivery of Goods

5.1 Subject to clause 5.9, the Supplier will arrange for
the delivery of the Goods to the Client.
5.2 Subject to the remainder of this clause 5, delivery of
the Goods shall take place when the Client takes
possession of the Goods at the Client’s nominated
address (in the event that the Goods are delivered
by the Supplier or the Supplier’s nominated carrier).
5.3 Unless otherwise agreed, the costs of delivery are:
(a) in addition to the Price; and
(b) payable by the Client.
5.4 The Client shall make all arrangements necessary
to take delivery of the Goods whenever they are
tendered for delivery. In the event that the Client is
unable to take delivery of the Goods as arranged
then the Client shall be deemed to have taken
delivery of the Goods and the Supplier shall be
entitled to charge a reasonable fee for redelivery.
5.5 Delivery of the Goods to a third party nominated by
the Client is deemed to be delivery to the Client for
the purposes of this Agreement.
5.6 The Supplier may deliver the Goods by separate
instalments. Each separate instalment shall be
invoiced and paid in accordance with the provisions
in these terms and conditions.
5.7 Subject to the ACL:
(a) the failure of the Supplier to deliver shall not
entitle either party to treat this contract as
repudiated; and
(b) an estimated delivery time is an estimate only,
and the Supplier shall not be liable for any loss
or damage whatsoever due to failure by the
Supplier to deliver the Goods (or any of them)
in accordance with that estimate.
5.8 The Client indemnifies the Supplier against any loss
or damage suffered by the Supplier, its subcontractors or employees as a result of delivery,
except where the Client is a consumer and the
Supplier has not used due care and skill.
5.9 If agreed that the Client will collect the Goods:
(a) the Client must collect the Goods within 7 days
of being advised they are ready;
(b) if the Client does not collect the Goods within
this time, the Client is deemed to have taken
delivery of the Goods and is liable for storage
charges payable monthly on demand.
6. Risk
6.1 Even where the Supplier retains ownership of the
Goods following delivery, all risk for the Goods
passes to the Client on delivery.
6.2 If any of the Goods are damaged or destroyed
following delivery but prior to ownership passing to
the Client, the Supplier is entitled to receive all
insurance proceeds payable for the Goods. The
production of these terms and conditions by the
Supplier is sufficient evidence of the Supplier’s
rights to receive the insurance proceeds without the
need for any person dealing with the Supplier to
make further enquiries.
6.3 Where the Client expressly requests the Supplier to
leave Goods outside the Supplier’s premises for
collection or to deliver the Goods to an unattended
location, then such Goods shall be left at the Client’s
sole risk and it shall be the Client’s responsibility to
ensure the Goods are insured adequately or at all.
6.4 The Client indemnifies the Supplier against any loss
or damage suffered by the Client, any third parties,
the Supplier and the Supplier's sub-contractors and
employees as a result of delivery, except where the
Client is a consumer and the Supplier has not used
due care and skill.
6.5 The Client assumes all risk and liability for loss,
damage or injury to persons or to property of the
Client, or third parties arising out of the use,
installation or possession of any of the Goods sold by
the Supplier, unless recoverable from the Supplier on
the failure of any statutory guarantee under the ACL.
7. Title
7.1 The Supplier and the Client agree that ownership of
the Goods shall not pass until:
(a) the Client has paid the Supplier all amounts
owing for the particular Goods; and
(b) the Client has met all other obligations due by
the Client to the Supplier in respect of all
contracts between the Supplier and the Client.
7.2 Receipt by the Supplier of any form of payment other
than cash shall not be deemed to be payment until
that form of payment has been honoured, cleared or
recognised and until then the Supplier’s ownership or
rights in respect of the Goods shall continue.
7.3 It is further agreed that:
(a) where practicable the Goods shall be kept
separate and identifiable until the Supplier shall
have received payment and all other obligations
of the Client are met;
(b) until such time as ownership of the Goods shall
pass from the Supplier to the Client the Supplier
may give notice in writing to the Client to return
the Goods or any of them to the Supplier. Upon
such notice the rights of the Client to obtain
ownership or any other interest in the Goods
shall cease;
(c) the Supplier shall have the right of stopping the
Goods in transit whether or not delivery has
been made;
(d) if the Client fails to return the Goods to the
Supplier then the Supplier or the Supplier’s
agent may (as the invitee of the Client), in
addition to its rights under the Personal Property
Securities Act 2009 (PPSA) enter upon and into
land and premises owned, occupied or used by
the Client, or any premises where the Goods are
situated and take possession of the Goods;
(e) the Supplier will exercise its right of entry
(including the use and extent of force) in
accordance with applicable laws;
(f) the Client is only a bailee of the Goods and until
such time as the Supplier has received payment
in full for the Goods, the Client shall hold any
proceeds from the sale or disposal of the Goods,
up to and including the amount the Client owes
to the Supplier for the Goods, on trust for the

Supplier in a separate account with a bank to

whom the Client has not given security;
(g) the Client shall not deal with the money of the
Supplier in any way which may be adverse to
the Supplier;
(h) the Client shall not charge the Goods in any
way nor grant nor otherwise give any interest
in the Goods while they remain the property of
the Supplier;
(i) the Supplier can issue proceedings to recover
the Price of the Goods sold notwithstanding
that ownership of the Goods may not have
passed to the Client; and
(j) until such time that ownership in the Goods
passes to the Client, if the Goods are
converted into other products, the parties agree
that the Supplier will be the owner of the end
products.
8. PPSA
8.1 Notwithstanding anything to the contrary contained
in these Terms, the PPSA applies to these Terms.
8.2 In this clause:
(a) financing statement has the meaning given to it
by the PPSA;
(b) financing change statement has the meaning
given to it by the PPSA;
(c) security agreement means the security
agreement under the PPSA created between
the Client and the Supplier by these terms and
conditions; and
(d) security interest and Purchase Money Security
Interest have the meanings given to them by
the PPSA.
8.3 Upon assenting to these terms and conditions in
writing the Client acknowledges and agrees that
these terms and conditions:
(a) constitute a security agreement for the
purposes of the PPSA; and
(b) create a Purchase Money Security Interest in:
(i) all Goods previously supplied by the
Supplier to the Client (if any); and
(ii) all Goods that will be supplied in the
future by the Supplier to the Client
8.4 The security interest created is a continuing interest
irrespective of whether there are monies or
obligations owing by the Client at any particular
time.
8.5 The Client undertakes to:
(a) promptly sign any further documents and/or
provide any further information (such
information to be complete, accurate and upto-date in all respects) which the Supplier may
reasonably require to:
(i) register a financing statement or
financing change statement in relation to
a security interest on the Personal
Property Securities Register;
(ii) register any other document required to
be registered by the PPSA; or
(iii) correct a defect in a statement referred
to in clause 1.1(a)(i) or 1.1(a)(ii);

(b) indemnify, and upon demand reimburse, the
Supplier for all expenses incurred in registering
a financing statement or financing change
statement on the Personal Property Securities
Register established by the PPSA or releasing
any Goods or Equipment charged thereby;
(c) not register a financing change statement in
respect of a security interest without the prior
written consent of the Supplier;
(d) not register, or permit to be registered, a
financing statement or a financing change
statement in relation to the Goods in favour of a
third party without the prior written consent of the
Supplier; and
(e) immediately advise the Supplier of any material
change in its business practices of selling Goods
which would result in a change in the nature of
proceeds derived from such sales.
8.6 The Supplier and the Client agree that sections 96
(retention of accession when person has interest in
the whole), 115 (contracting out of enforcement
provisions), 125 (obligation to dispose of or retain
collateral) and 129 (disposal by purchase) of the
PPSA do not apply to the security agreement created
by these terms and conditions.
8.7 Where permitted by the PPSA, the Client hereby
waives its rights to receive notices or other
documentation under sections 95 (notice of removal
of accession), 118 (enforcing security interests in
accordance with land law decisions), 121(4) (notice
to grantor in enforcement of security interests in liquid
assets), 130 (notice of disposal of collateral),
132(3)(d) (statements of account following disposal) ,
132(4) (statements of account if no disposal) and
135 (notice of retention of collateral) of the PPSA.
8.8 The Client waives its rights as a grantor and/or a
debtor under sections 142 (entitled persons’
redemption of collateral) and 143 (entitled persons’
reinstatement of security agreement) of the PPSA.
8.9 Unless otherwise agreed to in writing by the Supplier,
the Client waives its right to receive a verification
statement in accordance with section 157 of the
PPSA.
8.10 The Client shall unconditionally ratify any actions
taken by the Supplier under clauses 8.3 to 8.6.
9. Inspection
9.1 The Buyer must inspect the external integrity of the
Goods upon receipt before signing for the delivery.
9.2 Any damage must be noted on the delivery
consignment note provided by the carrier.
9.3 The Client must inform the Supplier of any external
damage within one (1) business day.
10. Liability
10.1 Except as these terms and conditions specifically
state, or as contained in any express warranty
provided in relation to the Goods or Services, the
Agreement for the provision of Goods or Services by
the Supplier to the Client does not include by
implication any other term, condition or warranty in
respect of the quality, merchantability, acceptability,
fitness for purpose, condition, description, assembly,

manufacture, design or performance of the Goods
or Services or any contractual remedy for their
failure.
10.2 If the Client is a consumer nothing in these terms
and conditions restricts, limits or modifies the
Client's rights or remedies against the Supplier for
failure of a statutory guarantee under the ACL.
10.3 If the Client on-supplies the Goods to a consumer
and:
(a) the Goods or Services are not of a kind
ordinarily acquired for personal, domestic or
household use or consumption, then the
amount specified in section 276A(1) of the ACL
is the absolute limit of the Supplier's liability to
the Client;
(b) the Goods or Services are of a kind ordinarily
acquired for personal, domestic or household
use or consumption, payment of any amount
required under section 274 of the ACL is the
absolute limit of the Supplier's liability to the
Client;
Howsoever arising under or in connection with the
sale, installation, use of, storage or any other
dealings with the Goods or Services by the Client
or any third party.
10.4 If clause 10.2 or 10.3 do not apply, then other than
as stated in the terms and conditions or any written
warranty statement the Supplier is not liable to the
Client in any way arising under or in connection with
the sale, installation, use of, storage or any other
dealings with the Goods or Services by the Client or
any third party.
10.5 The Supplier is not liable for any indirect or
consequential losses or expenses suffered by the
Client or any third party, howsoever caused,
including but not limited to loss of turnover, profits,
business or goodwill or any liability to any other
party, except to the extent of any liability imposed by
the ACL.
10.6 The Client acknowledges that:
(a) it has not relied on any service involving skill
and judgement, or on any advice,
recommendation, information or assistance
provided by the Supplier in relation to the
Goods or Services or their use or application.
(b) it has not made known, either expressly or by
implication, to the Supplier any purpose for
which it requires the Goods or Services and it
has the sole responsibility of satisfying itself
that the Goods or Services are suitable for the
use of the Client.
10.7 Nothing in the Terms is to be interpreted as
excluding, restricting or modifying or having the
effect of excluding, restricting or modifying the
application of any State or Federal legislation
applicable to the sale of goods or supply of services
which cannot be excluded, restricted or modified.
11. Shortages and Exchanges
11.1 Subject to clause 11.2 and 11.7, the Supplier will
not be liable for any shortages, damage or noncompliance with the specifications unless the Client
notifies the Supplier with full details and description
within 3 days of delivery otherwise the Client is
deemed to have accepted the Goods.
11.2 When any shortages, claim for damaged Goods or
non-compliance with the specifications is accepted by
the Supplier, the Supplier may, at its option, replace
the Goods, or refund the price of the Goods.
11.3 Subject to clause 11.7, the Supplier will not under
any circumstances accept Goods for return that:
(a) are non-stocklist items;
(b) have been specifically produced, imported or
acquired to fulfil the Client's order;
(c) are discontinued Goods or no longer stocked by
the Supplier;
(d) have been altered in any way;
(e) have been used; or
(f) are not in their original condition and packaging.
11.4 The Client must obtain a Return Authorisation from
the Supplier before returning the Goods.
11.5 The Goods must be returned at the Client’s cost (if
that cost is not significant) within seven (7) days of
the issue date of the Return Authorisation.
11.6 The Supplier may accept the return of Goods
incorrectly ordered by the Client within fourteen (14)
days of delivery but this may incur a restocking fee of
the greater of twenty percent (20%) of the value of
the returned Goods or fifty dollars ($50.00) including
GST, plus any freight costs.
11.7 If the Client is a consumer, nothing in this clause 11
limits any remedy available for a failure of the
guarantees in sections 56 and 57 of the ACL.
12. Intellectual Property
12.1 Where the Supplier has designed Goods for the
Client, then the copyright in any designs and
drawings and documents shall remain vested in the
Supplier, and shall only be used by the Client at the
Supplier’s discretion. At no time shall ownership of
the Supplier’s intellectual property transfer to the
Client.
12.2 Trademarks belonging to the Supplier shall always
remain the Supplier’s property and prior written
approval from the Supplier is required at all times if
the Client wishes to use any of the Supplier's
trademarks.
12.3 The Client warrants that all designs or instructions to
the Supplier will not cause the Supplier to infringe
any patent, registered design or trademark in the
execution of the Client’s order and the Client agrees
to indemnify the Supplier against any action taken by
a third party against the Supplier in respect of any
such infringement.
12.4 The Client agrees that the Supplier may use any
documents, designs, drawings or Goods created by
the Supplier, even if for the Client, for the purposes of
advertising, marketing, or entry into any competition.
13. Default and Consequences of Default
13.1 Interest on overdue invoices shall accrue daily from
the date when payment becomes due, until the date
of payment, at a rate of two and a half percent (2.5%)
per calendar month (and at the Supplier’s sole

discretion such interest shall compound monthly at
such a rate) after as well as before any judgment.
13.2 In the event that the Client’s payment is
dishonoured for any reason the Client shall be liable
for any dishonour fees incurred by the Supplier.
13.3 If the Client defaults in payment of any invoice when
due, then the Client shall indemnify the Supplier
from and against all costs and disbursements
incurred by the Supplier in pursuing the debt
including legal costs on a solicitor and own client
basis and the Supplier’s collection agency costs.
13.4 Without prejudice to any other remedies the
Supplier may have, if at any time the Client is in
breach of any obligation (including those relating to
payment), then the Supplier may suspend or
terminate the supply of Goods and Services to the
Client and any of its other obligations under the
terms and conditions. The Supplier will not be liable
to the Client for any loss or damage the Client
suffers because the Supplier has exercised its rights
under this clause.
13.5 If any account remains overdue after thirty (30) days
then an amount of the greater of twenty dollars
($20.00) or ten percent (10%) of the amount
overdue (up to a maximum of four hundred dollars
($400.00)) shall be levied for administration fees
which sum shall become immediately due and
payable.
13.6 Subject to any applicable statutory stay of
proceedings and without prejudice to the Supplier’s
other remedies at law, the Supplier shall be entitled
to cancel all or any part of any order of the Client
which remains unfulfilled and all amounts owing to
the Supplier shall, whether or not due for payment,
become immediately payable without notice in the
event that:
(a) any money payable to the Supplier becomes
overdue, or in the Supplier’s opinion the Client
will be unable to meet its payments as they fall
due;
(b) where the Client is a natural person and
becomes bankrupt or enters into any scheme
of arrangement or any assignment or
composition with or for the benefit of his or her
creditors or any class of his or her creditors
generally; or
(c) where the Client is a corporation and, it enters
into any scheme of arrangement or any
assignment or composition with or for the
benefit of its creditors or any class of its
creditors generally, or has a liquidator,
administrator, receiver or manager or similar
functionary appointed in respect of its assets,
or any action is taken for, or with the view to,
the liquidation (including provisional
liquidation), winding up or dissolution without
winding up of the Client.
14. Cancellation
14.1 If the Supplier is unable to deliver or provide the
goods or services, then the Supplier may cancel any
order (even if it has been accepted) before the
Goods are delivered or Services provided by giving
written notice to the Client. On giving such notice the
Supplier shall repay to the Client any sums paid in
respect of the Price. The Supplier shall not be liable
for any loss or damage whatsoever arising from such
cancellation.
14.2 In the event that the Client purports to cancel an
order, the Supplier is under no obligation to accept
the purported cancellation. If the purported
cancellation is accepted, the Client shall be liable for
any loss incurred by the Supplier (including, but not
limited to, any loss of profits) up to the time of
cancellation.
14.3 The Client expressly acknowledges that cancellation
of orders for Goods made to the Client’s
specifications or non-stocklist items will not be
accepted, once production has commenced.
15. Privacy Act 1988
15.1 The Client and/or the Guarantor/s (herein referred to
as the Client) agree for the Supplier to obtain from a
credit reporting agency a credit report containing
personal credit information about the Client in relation
to credit provided by the Supplier.
15.2 The Client agrees that the Supplier may exchange
information about the Client with those credit
providers either named as trade referees by the
Client or named in a consumer credit report issued by
a credit reporting agency for the following purposes:
(a) to assess an application by the Client; and/or
(b) to notify other credit providers of a default by the
Client; and/or
(c) to exchange information with other credit
providers as to the status of this credit account,
where the Client is in default with other credit
providers; and/or
(d) to assess the creditworthiness of the Client. The
Client understands that the information
exchanged can include anything about the
Client’s creditworthiness, credit standing, credit
history or credit capacity that credit providers are
allowed to exchange under the Privacy Act
1988.
15.3 The Client consents to the Supplier being given a
consumer credit report to collect overdue payment on
commercial credit.
15.4 The Client agrees that personal credit information
provided may be used and retained by the Supplier
for the following purposes (and for other purposes as
shall be agreed between the Client and Supplier or
required by law from time to time):
(a) the provision of Goods and Services; and/or
(b) the marketing of Goods or Services by the
Supplier, its agents or distributors; and/or
(c) analysing, verifying and/or checking the Client’s
credit, payment and/or status in relation to the
provision of Goods; and/or
(d) processing of any payment instructions, direct
debit facilities and/or credit facilities requested
by the Client; and/or
(e) enabling the daily operation of Client’s account
and/or the collection of amounts outstanding in

the Client’s account in relation to the Goods or
Services.
15.5 The Supplier may give information about the Client
to a credit reporting agency for the following
purposes:
(a) to obtain a consumer credit report about the
Client;
(b) allow the credit reporting agency to create or
maintain a credit information file containing
information about the Client.
15.6 The information given to the credit reporting agency
may include:
(a) personal particulars (the Client’s name, sex,
address, previous addresses, date of birth,
name of employer and driver’s licence number;
(b) details concerning the Client’s application for
credit or commercial credit and the amount
requested;
(c) advice that the Supplier is a current credit
provider to the Client;
(d) advice of any overdue accounts, loan
repayments, and/or any outstanding monies
owing which are overdue by more than sixty
(60) days, and for which debt collection action
has been started.
(e) that the Client’s overdue accounts, loan
repayments and/or any outstanding monies are
no longer overdue in respect of any default that
has been listed;
(f) information that, in the opinion of the Supplier,
the Client has committed a serious credit
infringement (that is, fraudulently or shown an
intention not to comply with the Clients credit
obligations);
(g) advice that cheques drawn by the Client for
one hundred dollars ($100) or more, have been
dishonoured more than once;
(h) that credit provided to the Client by the Supplier
has been paid or otherwise discharged.
15.7 The Client agrees that the Supplier may conduct a
search of the Personal Property Securities Register
for the purpose of assessing its application for
commercial credit.
16. Unpaid Supplier’s Rights
16.1 Where the Client has left any item with the Supplier
for repair, modification, exchange or for the Supplier
to perform any other Service in relation to the item,
and the Supplier has not received or been tendered
the whole of the Price, or the payment has been
dishonoured, the Supplier shall have:
(a) a lien on the item;
(b) the right to retain the item for the Price while
the Supplier is in possession of the item;
(c) a right to sell the item.
16.2 The lien of the Supplier shall continue despite the
commencement of proceedings, or judgment for the
Price having been obtained.
17. General
17.1 If any provision of these terms and conditions shall
be invalid, void, illegal or unenforceable the validity,
existence, legality and enforceability of the
remaining provisions shall not be affected, prejudiced
or impaired.
17.2 If any provisions of these terms and conditions are
inconsistent with the PPSA, the PPSA shall prevail to
the extent of that inconsistency.
17.3 These terms and conditions and any contract to
which they apply shall be governed by the laws of
New South Wales and are subject to the jurisdiction
of the courts of New South Wales and the courts
entitled to hear appeals from those courts.
17.4 The Supplier shall be under no liability whatsoever to
the Client for any indirect and/or consequential loss
and/or expense (including loss of profit) suffered by
the Client arising out of a breach by the Supplier of
these terms and conditions except to the extent of
any such liability imposed by the ACL.
17.5 The Client shall not be entitled to set off against, or
deduct from the Price, any sums owed or claimed to
be owed to the Client by the Supplier nor to withhold
payment of any invoice because part of that invoice is
in dispute.
17.6 The Supplier may license or sub-contract all or any
part of its rights and obligations without the Client’s
consent.
17.7 The Client agrees that the Supplier may review these
terms and conditions at any time. If, following any
such review, there is to be any change to these terms
and conditions, then that change will take effect from
the date on which the Supplier notifies the Client of
such change and will apply to any orders or requests
for Goods or Services made after such notice is
provided. The Client shall be under no obligation to
accept such changes except where the Supplier
supplies further Goods or Services to the Client and
the Client accepts such Goods or Services.
17.8 Neither party shall be liable for any default due to any
act of God, war, terrorism, strike, lock-out, industrial
action, fire, flood, storm or other event beyond the
reasonable control of either party.
17.9 The failure by the Supplier to enforce any provision of
these terms and conditions shall not be treated as a
waiver of that provision, nor shall it affect the
Supplier’s right to subsequently enforce that
provision.

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