- Rhinohide Pty Ltd (ABN 46 164 727 253) (“Rhinohide“) shall sell and you shall purchase the products and services offered for sale on this website (“Products“) in compliance with these Sale Terms. Rhinohide is entitled to appoint subcontractors to provide the Products and to perform any act of Rhinohide contemplated under these Sale Terms. All orders placed by you on this website (“Orders“) are accepted pursuant to the Sale Terms, which supersede any other terms relating to the sale of the Products appearing on this website or elsewhere and shall override any other terms referred to by you or in any course of dealing.
- An Order placed by you on this website is an offer by you to purchase a particular Product. Rhinohide reserves the right to accept or reject your Order for any reason, including, without limitation, an error in your Order or in the material on this website, or the unavailability of the Product. The contract to purchase a particular Product (“Contract”) only comes into existence upon acceptance by Rhinohide of your Order. Products are subject to availability. In the event of shortage, Rhinohide may allocate sales and deliveries in its sole discretion.
- Rhinohide will only accept Orders for delivery of the Products if the delivery address is a street address in Australia and only if you if you are a resident of Australia and over the age of 18 years. Rhinohide reserves the right to limit the quantity of Products purchased by you.
- The price of a Product shall be as stipulated on this website at the date of placement of your Order. Unless otherwise indicated on this website, all prices include all GST and other Australian taxes.
- You acknowledge that despite Rhinohide’s best efforts, Product may be displayed on the website with incorrect pricing or other information, or may be out of stock, due to an error or oversight. In such circumstances, Rhinohide reserves the right to notify you of the corrected price, and give you the option to pay the corrected price or cancel the Order or Contract. If you do not choose either of these options within 7 days, then Rhinohide may cancel your Order or Contract, in which case any payment received will be refunded.
- Rhinohide takes reasonable care to make this website secure. All payment transactions on this site are processed using third party service provider(s) which provide a secure online payment gateway that encrypts your card details in a secure host environment. Rhinohide will NOT store your payment details (including for example credit/debit card details) on our systems. Please do not send any payment information via email.
- The prices advertised on this website are for online purchases only, and may therefore differ from prices available at physical stores or third party distributors or resellers.
- Unless otherwise indicated on this website, you will be responsible for payment of all transport and delivery charges for your Products purchased on this website. Rhinohide shall endeavour to arrange to deliver the Products to the delivery point in Australia designated by you on your Order. Rhinohide will use its discretion in selecting a reputable carrier and appropriate means of shipment. Any dates quoted by Rhinohide or its subcontractors for delivery of the Products are estimates only and shall not form part of the Sale Terms.
- Rhinohide must receive full payment of the price of the Products contained in your Order, and any other charges (including delivery charges) that may apply to your Order, before they are delivered or supplied to you. You shall pay for the Products by using one of the payment methods available on this website.
- Where the Products are to be delivered by instalments, each instalment shall be deemed to be the subject of a separate agreement and no default or failure by Rhinohide in respect of any one or more instalments shall vitiate the Contract in respect of the Products previously delivered or undelivered Products. In the event that Rhinohide give notice to you that it is unable to deliver any instalment of the Products, you shall be deemed to have accepted those instalments already delivered but Rhinohide or its subcontractors may reimburse the price of the undelivered Products which have been paid for by you.
- If you fail to take delivery of the Products or any part of them when they are made available to you, or fail to provide accurate instructions, documents, licenses, consents or authorizations required to enable the Products to be delivered, Rhinohide shall be entitled, upon giving written notice to you, to store or arrange for storage of the Products, and then risk in the Products shall pass to you, delivery shall be deemed to have taken place, and you shall pay to Rhinohide or its subcontractors all costs and expenses (including storage and insurance charges) arising from your failure.
- Unless you notify Rhinohide to the contrary by telephone, facsimile transmission or the customer service email address provided on this website within seven (7) days of delivery and such notification is confirmed in writing within seven (7) days of its receipt by Rhinohide, the Products shall be deemed to have been accepted by you as being in good condition and in accordance with the Sale Terms.
- Title and risk of loss or damage to the Products shall pass to you on the physical delivery of the Products to the address identified by you in the Order.
- Nothing in these Sale Term excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition implied or imposed by the Australian Consumer Law which cannot be lawfully excluded or limited. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure.
- Save for any rights you may have at law which cannot be excluded, limited or modified, including your consumer guarantee rights contained in the Australian Consumer Law (and referred to above):
- Rhinohide is not responsible for any personal injury or property damage that occurs as a result of your failure to follow the instructions or to heed any warnings provided with the Product;
- You agree to indemnify Rhinohide for any loss or damage the subject of a third party claim arising out of, or in connection with, your failure to follow the instructions provided with the Product, your failure to heed any warnings provided with the Product or your use of the Product for anything other than uses for which it was designed;
- Rhinohide will not be liable under the Sale Terms for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising, whether caused by tort (including negligence), breach of contract or otherwise;
- Rhinohide’s maximum aggregate liability under the Sale Terms whether in contract, tort (including negligence) or otherwise, save for any rights you may have at law which cannot be excluded, limited or modified ( including your consumer guarantee rights contained in the Australian Consumer Law) shall in no circumstances exceed the amount payable by you to Rhinohide in respect of the Products in question;
- Rhinohide shall not be liable for any delay or failure in its performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labour difficulties, equipment failures, or any other causes beyond its reasonable control;
- Products are manufactured for use in accordance with supplied instructions and warnings and are not intended to be sold or licensed for use in critical safety systems or in situations where uninterrupted performance is crucial. Rhinohide will not be liable for any personal injury or property damage caused while using the Products for any use other than uses for which they are intended, and in accordance with instructions and warnings; and
- If any Order is for Products which in the circumstances are not of a kind ordinarily acquired for personal, domestic or household use or consumption, the maximum cumulative liability of Rhinohide under a Contract in respect of a failure to comply with an Australian Consumer Law will be the cost of repairing or replacing the relevant Product(s).
- In addition, all Products are covered by a limited warranty according to the terms and limitations specified in the Warranty Statement, and bundled with the Products.
- Without limiting the application clause 15, you acknowledge that:
- Rhinohide Protective Panels are designed and intended only for off-road use at wind speeds of less than 80km per hour (in low wind conditions, this is equivalent to a vehicle speed of 80 km per hour; in high wind conditions the vehicle speed should be reduced accordingly). Panels are connected to the applicable vehicle with magnets. Though unlikely, external forces/objects may cause the Panels to detach from the vehicle during use. You must therefore ensure that the Protective Panels are only used in situations where they are not capable of causing injury to people, animals or property in the unlikely event they become detached from the vehicle during use.
- All Rhinohide Protective Panels are designed for specific vehicles (make, model and year) and will not operate as intended on any other vehicle. A complete list of vehicles suitable for each Protective Panel product is available on the Rhinohide website www.rhinohide.com.au.
The above instructions and warnings may be added to from time to time. The current instructions and warnings for use of the Protective Panels are available here.
- To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by Rhinohide will be subject to correction without any liability on the part of Rhinohide.
- Rhinohide may update, or discontinue any Product and/or revise prices for any Product listed as available on this website at any time. You agree that changes may occur between any Product shipped to you and the Products described in marketing materials. In particular, while Rhinohide has taken care to ensure that the Product illustrations, colours and information on this website are accurate, Product images on the website are representations only; the appearance of the actual Products may vary.
- You agree and warrant that the purpose of purchasing the Products is for your own internal or personal use only, and not for resale. Rhinohide shall be entitled to refuse to accept orders placed by you if you breach or Rhinohide, on reasonable grounds, suspects that you will breach this warranty. You shall not remove components from the Products for resale.
- You agree to comply with all applicable export laws, regulations and orders of Australia. Specifically, but without limitation, you agree not to re-export or ship, directly or indirectly, any Products or technical data in any form without first obtaining Rhinohide’s prior written consent and the appropriate export or re-export licenses from the Government of Australia.
- An attempt by you to enter an Order which is subject to additional or altered terms and conditions shall be null and void.
- The trademarks, logos, and service marks (collectively the “Trademarks”) listed below and any other product names, service names or logos of Rhinohide, are trademarks of Rhinohide and/or its affiliates. Any other Trademarks used in this website are trademarks of their respective owners. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right of use any Trademark displayed on this website without the express written permission of Rhinohide or such third party owner. The Trademarks of Rhinohide include those set out below:
- Rhinohide reserves all, and does not transfer, any rights, titles or interests in any intellectual property rights (including but not limited to the Trademarks referred to above) that it holds. In addition, you agree not to use Rhinohide’s intellectual property unless previously authorised in writing by Rhinohide.
- Products presented for repair may be replaced by new or reconditioned or refurbished or comparable versions of the same type of goods rather than being repaired. New or reconditioned or refurbished or comparable versions of parts may be used to repair the goods.
- The process for effecting returns of Products in accordance with these Terms of Sale are specified in the Return Policy.
- (a) Subject to clause 27(b), if a provision of these Sales Terms is illegal or unenforceable in any relevant jurisdiction, it may be severed for the purposes of that jurisdiction without affecting the enforceability of the other provisions of these Sales Terms.
(b) Clause 27(a) does not apply if severing the provision:
(i) materially alters the:
(A) scope and nature of this document; or
(B) the relative commercial or financial positions of the parties; or
(ii) would be contrary to public policy.
- These Terms of Sale will be governed by and construed in accordance with the laws in force in Western Australia, and you unconditionally submit to the non-exclusive jurisdiction of the courts of Western Australia.
Dated: February 14th 2017