In these terms and conditions, unless the context otherwise requires:
- “The Company” means THORNADO (A.B.N. 83 146 014 324), which expression shall include any or all companies related or any subsidiary successors and assigns of THORNADO.
- “The Customer” means the person (including his successors, representatives and permitted assign) purchasing equipment from the Company and where there is more than one Customer the covenants on their part contained herein shall be deemed joint and several covenants.
- “Equipment” means all or any equipment or any other goods of any kind whatsoever purchased by the Customer from the Company.
- The receipt of the Equipment by the Customer constitutes unconditional and complete acceptance of the Company’s terms and conditions. Any written acceptance of an order will constitute the creation of a contract binding the Customer to the Company’s terms and conditions.
- The Website means THORNADO official online commerce site, i.e. www.thornado.com.au.
- “Online Seller” means a THORNADO authorized Dealer or Onseller involved in online sales of THORNADO’s product in Australia via a Dealer/Onseller’s eCommerce website or a Merchant Shopping Site.
- “Contract” means the mutual agreements between the Company and the Buyer for or in relation to the sale and purchase of Goods and/or Services.
- The Company may collect personal information directly from the Customer to the extent necessary to provide the Customer with the Company’s products and/or services.
- Information collected disclosed in accordance with this Privacy Statement.
- Type of information collected includes but not limited to personal information, work-related details, financial account and details, credit check details, location details, usage and interaction on the Website information.
- The Company may use the information collected to provide direct marketing materials for the Customer, optimization of marketing and support services, training of the Company’s employee, internal accounting and billing requirements.
- The Company will not trade any personal information for monetary benefit to any third party.
- The Company may use personal information for solving disputes, enforcing contractual agreements, and establishing, exercising or defending legal claims. This may result in disclosing personal information to third party organization such as Solicitors, Business Partners, Affiliates, Auditors, and Debt Collectors, to the extent compliance to privacy standards.
- The Company, under certain circumstances, may required to disclose your personal information if required to do so by law or in response to valid requests by public authorities (e.g. a court or government agency).
- Information Disclosure exceptions apply under the Privacy Act and only limited to Australia.
- The following terms and conditions apply to all goods sold by the Company.
- These terms and conditions are deemed to be incorporated into all contracts for the supply of equipment and/or services to the Customer and supersede all terms and conditions previously issued by the Company.
- The Company is only prepared to sell goods and/or provide services upon these terms and conditions and no contract shall exist between the Company and the Customer except upon these terms and conditions unless their exclusion or modifications are agreed to in writing by the Company.
- Any order placed by the Customer is deemed to be an order incorporating these terms and conditions notwithstanding any inconsistencies in the Customer’s order.
- All Purchase Orders provided by the Customer are subject to acceptance by the Company.
- No variation or abrogation of these Conditions shall be effective unless it is evidenced in writing by the Company.
- The prices of Goods/Services provided or listed on the website are based upon current costs at the time of publication. Prices are not firm and may be subject to alteration without prior notice in accordance with the company’s current listed price in effect at time of delivery or dated on the Company’s invoice.
- Unless subject to prior quotation, any prices quoted for supply of goods will only be valid for a period of 30 days from effective date.
- Prices quoted (unless otherwise stated) are exclusive of goods and services tax (GST). GST will be charged at the appropriate rates, to tax office guidelines.
- All fees must be paid prior to the delivery or pick up the Goods/Services unless otherwise expressly agreed to by the Company. In cases where fees are being paid by bank transfer, a receipt of such transfer must be provided during collection in order to fulfill the order. The Company may refuse to release the Goods or not providing the agreed Services unless the evidence of a payment is present.
- Invoices under a credit account, which has been formally issued by the Company, payment in full is due 30 days after the end of month in which the Contract is invoiced.
- The Company may allocate a credit limit to the Customer’s account at any time. This limit will be advised in writing to the Customer and may be reduced by the Company at any time. Any credit provided in excess of the credit limit shall be repayable on demand.
- Unless otherwise agreed to by the Company Director, if payment under credit account is not received within:
- 60 days of statement date, credit facilities may be withdrawn until the entire account is paid.
- 90 days of statement date, credit facilities will be withdrawn, and legal proceedings will commence to recover all monies owing to the Company.
- The Company, at its discretion, may suspend supplies of Goods and/or Services to the Customers who are in default or have failed to make payment in accordance until full payment of all amounts due have been received.
- Any expenses, costs or disbursements incurred by the Company in retrieving any outstanding monies owing by the Customer, includes but not limited to debt collection fee, solicitors’ costs, commissions, will be paid by the Customer.
- The Company reserves the right to refuse to provide Goods and/or Services to the Customer if the Customer fails to comply with the Company’s terms of payment.
- Unless otherwise agreed in writing by the Company, a freight charge will be made on each delivery unless the Goods are dispatched on the Customer’s carrier or picked up from the Company’s store/warehouse.
- The Goods sold may not be available for immediate delivery, i.e Non-Stock Goods. See Non-Stock terms.
- The Customer may opt to collect purchased Goods at the Company’s store/warehouse upon received collection confirmation by the Company.
- For ‘Store Pickup’ option, the Company reserves the right to verify the Customer and Customer’s identity by any means needed to do so.
- The Company will endeavor to dispatch the Goods within 1 business day after payment has been confirmed, subjected to Goods availability.
- The Customer is responsible for the cost of delivery of Goods and the Customer must pay the delivery charges stipulated by the Company from time to time. The Company may, in its absolute discretion, determine the method of transport.
- The times quoted for delivery are estimates only and the Company accepts no liability for failure or delay in delivery of Goods.
- The Company will do its best to deliver the Goods on the date agreed with the Customer and will use its reasonable endeavors to notify the Customer of any likely delays in advance, but under no circumstances will the Company be liable in any way whatsoever for any loss, damage or expense suffered or incurred by the Customer arising out of or in connection with the non-availability, delay in delivery, non-delivery, or non-supply of the goods, including but not limited to any Force Majeure event.
- Bulky or oversized Goods may require a shipping quote to be calculated and emailed after order placement.
- No responsibility will be accepted for breakage, damage or loss in transit. Unless otherwise the Customer opted additional insurance package to the delivery. Insurance may cover full or partly of the Goods cost, subjected to the courier’s Terms and Conditions.
- Risk in the Goods passes to the Customer on delivery to the Customer:
- at or in the near vicinity of an address specified by the Customer.
- into possession of the Customer or its carrier at the premises of the Company.
- into possession of a carrier at the premises of the Company, engaged by the Company to deliver the Goods to the Customer.
- to the wharf, railyard, or other transport loading station specified by the Customer.
- Goods may be delivered by instalments in any amount at the discretion of the Company.
- If the Goods are returned due to insufficient address or unsuccessful delivery, the Company will charge another shipping fee to resend the Goods. If the initial delivery of the Goods is unsuccessful, the Customer must pick up the Goods from the local depot. If the Customer would prefer a second delivery/redelivery, the Customer will need to contact the Company to authorize a second delivery, which may incur additional charges.
- The Customer shall notify the Company within 7 days of delivery of any shortfall in or loss or damage to the Goods delivered. Failure to do so shall disentitle the Customer to any remedy in respect to the shortage, loss or damage.
- To the extent permitted by law, notwithstanding any other clause in these Terms, non stock items, being goods not stocked by the Supplier and ordered by the Supplier from its supplier in accordance with the Customer’s specifications, are not returnable by the Customer to the Supplier.
- The Company reserved the rights to cancel the Contracts due to inability to supply Non-Stock Goods to the Customer, without liability. In such case, the Company will notify the Customer.
Warranty & Liability
- The Company, to the extend allowed by the Competition and Consumer Act 2010, shall be limited liable to the replacement or repair of the Goods, or a refund of the purchase price, and shall not extend to any consequential loss or damaged incurred by any person.
- The Warranty is provided by the Company for the Customer sole benefit. The Company guarantees that the Goods sold will be free from defects caused by faulty materials or poor workmanship for a period no longer than twelve months from the date of delivery, except for Goods included in Warranty Limitations & Exclusions.
- The Warranty period for the Goods sold commences on the date of sale and expires at the end of the applicable period set out:
- For personal, domestic or household use – 12 months.
- For professional, commercial and government use (including use in contracting, forestry, farm forestry, industrial applications, hire and rentals) – 3 months.
- The Warranty applies only to the original retail purchaser (the Customer).
- The Goods to be warrantied must be returned to the Company at the Customer’s expense, unless otherwise agreed to such a term in writing by the Company. The Company is not liable for any delays, damage or loss in transit on returning for Warranty claim.
- Repaired Goods will be warranted for the remainder of the original Warranty Period, or 30 days from the date of repair, whichever is longer.
- The Customer must notify the Company as soon as the warranty claim arise and provide a written description of the fault.
- The Customer must retain the proof of purchase and present it at the claim along with a Return Merchandise Authorization (RMA) form supplied by the Company upon notification. The Company reserve the right to reject any warranty claim, wherein the Goods returned with no RMA form supplied and/or no prior notification to the Company, and thus the Company will not be liable for any associated cost.
- The Goods required to be return to the Company for inspection prior claim approval.
- Batteries are not included by the Warranty.
- Exterior (cosmetic) finish damage will not be included under the Warranty.
- Deterioration of any item due to normal use, fair wear and exposure, or normal service replacements items, i.e. (but not limited to) spark plugs, oil and air filters, fuses, recoil string.
- Product used exceed the working specification listed on the item data sheets or published technical specifications.
- Repaired parts will be warranted for the remainder of the initial Warranty Period, OR for 30 days from the date of repair, whichever is longer.
- Cosmetic damage such as the exterior finish that do not affect the functionality of the Goods.
- The Warranty voided if product has been subjected to misuse, misapplication, abuse and negligence, accidental damage, improper maintenance and storage, modification or tampering, in a manner contrary to the law,
- Warranty Period will not be extended, renewed, or transferable with subsequent resale, repair or replacement of the item.
- Incorrect use of fuel or fuel and oil mix for the engine or incorrect chain and bar oil for the oil pump, or incorrect lubricating oil in a four-stroke engine, exposure to abnormally corrosive conditions.
- Warranty does not cover service costs in replacing and maintaining consumable part which have ceased working through normal wear and tear.
- Warranty does not cover unauthorized assembly, repair or modification, unless otherwise agreed in writing by the Company.
- The Customer provide misleading information regarding the use of the Goods.
- If Warranty applies, the Company will at its own’s assertion and cost:
- provide you the same or (if product is no longer available) similar product,
- or repair the product and return to you,
- or refund the price you paid, less the shipping cost. Item purchased with free postage, freight costs at 20% of the item’s cost will be deducted on the total refund.
NOTE: These warranty conditions apply to Australia only. Any outstanding cost (if any) must be paid to the Company prior returning goods to customer. In a case when return goods have been repaired, Customer will be notified and must collect the repaired goods in 60 days.
- Additional Warranty costs may apply, if:
- freight costs were incurred by the Company to return customer’s item for inspection, reimbursement to the Company will be required prior to releasing the goods.
- service costs occurred in replacing and maintaining consumable part which have ceased working through normal wear and tear during Warranty repairs.
- There are few things to note if Warranty claim is rejected:
- Any outstanding cost occurred on Warranty claim process must be paid within 14 days from when customer received notification that Warranty claim is rejected.
- Cost of returning the goods back is the responsibility of the owner.
- If, in such circumstances, you wish us to repair or replace your goods and/or send them back to you, we will provide you with details of the costs of doing so.
- The Company reserves the right to write off any uncollected goods if customer has not pick up or arrange return transport within 60 days from when customer received notification that Warranty claim is rejected.
Credit Claim & Return/Exchange
- The Company Returns and Exchanges policy that do not affect your statutory rights under the Australian Customer Laws.
- Customer must contact the Company as soon as practically possible to arrange returns or exchanges via email or phone call to discuss the nature of returning. Any Goods returned prior contact to the Company will not be accepted, and any cost associate is at the Customer’s expense.
- The Company will issue Return Merchandise Authorization (RMA) Form to the Customer. Simply fill up and attached it on the returning goods.
- Returning goods must be accompanied with the RMA form and purchase invoice attached to it. The Customer must take reasonable care of the returning Goods in order to exercise the consumer rights. All returns must be in its original packaging with tags (if any) and fit for resale.
- The Company strongly suggest having tracking on the returning goods, as the Company is not liable for any goods lost in transit. A quality assessment for every returned item will be performed by the Company and the Customer will be notified via e-mail on the status of the return.
- found the product cheaper elsewhere.
- delivery costs.
- were aware of the relevant fault before buying the product – for example, if the fault was written on the product’s tag, or for online purchases, indicated in any photos or descriptions of the item online.
- as the result of product misuse.
- used the product for a long time and the problem is as a result of usual wear and tear.
- commercial quantities are not generally available for change of mind returns or exchanges.
- Cut length hoses or steel pipes, other than coil length (i.e. 20 meters for suction hose, 100 meters for layflat, etc), are not available for return or exchange.
- Goods specially manufactured or assembled to customer specifications will not be accepted.
- For product exchanges, place a new order for the correct item and return the old item for a refund.
- The Company, in its absolute discretion, may accept Goods returned for credit, other than faulty or incorrectly delivered items, be subject to a restocking fee of no less than 20% of the items invoiced value, or a minimum A$50 (GST exclusive) applies, whichever higher. Such charges are including costs of labour processing, materials and transport.
These terms and conditions and the contract governed thereby shall be governed by and construed in accordance with the laws from time to time, of the State of NSW which is where the head office of the Company is located and any proceedings shall be brought and heard in Sydney.