This Agreement is between Bush Barrier Pty Ltd (ACN 636 527 029) (“Bush Barrier”) and you, the customer. In this Agreement you will be referred to as“you” or the “Customer”, (being the individual, company, partnership or other entity that has entered into this Agreement). This Agreement is a legally binding agreement between Bush Barrier and you, the Customer, and is effective from the date on which you purchase the Product from Bush Barrier’s website by clicking on the “I agree” buttons to these Terms of Sale.
- To place an order for our magnetic car panel covers (the “Product”), you agree to follow and abide by the order process on the Bush Barrier websitecurrently located at bushbarrier.com.au (the “Website”) and provide the information requested during the order process, including, but not limited to the make, model, sub-model and year of the vehicle and details of any accessories or badges on the vehicle and provide other information about your vehicle requested by Bush Barrier.
- Bush Barrier reserves the right to reject or cancel an order at its absolute discretion. Upon such rejection or cancellation Bush Barrier will promptly, and in any event within 20 business days, return any payment made by you viapayment providerfrom which the payment was received.
- You may cancel an order at any time before we advise that the manufacture of the Product has commenced.
- Where you cancel an order in accordance with clause 3, we will refund the payment made by you within 20 business days via the payment provider from which the payment was received.
- You agree, acknowledge and understand that it is your responsibility to provide Bush Barrier with any information that may affect the manufacture of the Product, such as any modifications required to accommodate any accessories or badges on your vehicle. Bush Barrier will manufacture the Product you order based on the information you provide to Bush Barrier including, but not limited to that provided during the order process, as referred to in clause 1. As such, Bush Barrier will not be responsible, liable for and expressly excludes any damages, losses, costs and expenses suffered, incurred or caused by the Product, including, but not limited to, the costs and expenses of any modifications required to the Product to accommodate accessories or badges on your vehicle.
- The price of the Product will be as per the price published on the Website on the day on which you order the Product.
- All payments must be in Australian dollars.
- The Products shall, unless otherwise indicated, be offered for prices that include GST at the prevailing rate, currently 10%.
- Any delivery charges shall be added to the cost of an order and subject to acceptance of those costs by you before the order process will proceed.
- Payment for the Product, GST and any delivery charges must be made at the time of the order and the Product will not be allocated to your order until such time as payment has been received by Bush Barrier in clearer funds from your payment provider.
- Payment may only be made by a preferred payment provider, being VISA, MasterCard, PayPal or any other automated payment systems referred to as acceptable on the payment screen of the Website at the time of order.
- Bush Barrier reserves the right to withhold delivery of Product ordered where your payment provider does not make the payment or requests return of the payment made by you, for whatever reason.
- Delivery of the Product shall be to the address given by you during the order process and will be via a third party courier and as such Bush Barrier cannot guarantee a date of delivery, however, it seeks to complete delivery within 20business days from the date of receipt of payment by Bush Barrier in cleared funds by your payment provider.
- Title in the Product ordered passes to you on the date on which payment is received by Bush Barrier in cleared funds from your payment provider.
- Risk in the Product ordered passes to you at the date and time that the Product is collected by the third partycourier from Bush Barrier’s premises.
Cleaning, Installation,Storage and Use of the Product
- You understand, acknowledge and agree that the Product is designed for use in off-road environments to protect your vehicle from scratches caused by vegetation brushing against the vehicle and as such the Product should not be used on a vehicle that will be travelling at speeds of greater than 80km/h.
- You understand, acknowledge and agree that all magnetic surfaces of the Product must, when in use on your vehicle, be in contact with the vehicle’s panels and no accessories, badges, other surface decoration or fittings must interfere with or prevent the adherence of the Product to the panels of your vehicle.
- The Product must not be used on any panels of the vehicle that are not metallic or which do not permit or support magnetic adherence of magnetic materials. This includes any use on any panels that have had any previous defects or damage repaired using a non-metallic, non-magnetic substances.
- Prior to installation on the vehicle, you must ensure that the panels of your vehicle to which the Product will be applied are free of dust, dirt and moisture and any other substance that may scratch or mark the paint finish of the vehicle.
- Prior to installation on the vehicle, you must ensure that the magnetic side of the Product is free of dust, dirt and moisture and any other substance that may scratch or mark the paint finish of the vehicle.
- The Product should be removed from the vehicle daily and cleaned and dried thoroughly before re-application to the vehicle.
- The Product should not be used in environments of excessive temperature outside the range of 10° to 30° Celsius.
- After use, the Product should be cleaned by rinsing off any excess dirt and dust, washing with a soft sponge and then rinsed again.
- The Product should be dried before being stored. The magnetic surfaces of the various panels of the Product should not be stored in direct contact to each other and the Product’s panels should be stored flat and not folded. The Product will tolerate being stored by being rolled up for short periods of time not exceeding 5 days at a time.
- Whilst long term and/or constant use of the Product is not recommended, constant and/or long-term use of the Product may result in uneven fading of the vehicle’s painted finishes as the Product does not cover the edges of the panels to which it is applied.
- Nothing in this Agreement shall be construed as seeking to exclude any of the consumer guarantees or their operation.
- Other than as expressly provided in this Agreement or as required under the consumer guarantees, Bush Barrier makes no promises, undertakings, representations, warranties, guarantees or indemnities in relation to the Product and its use in relation to your vehicle, including its fitness for purpose or non-infringement of intellectual property or other rights.
- Bush Barrier shall have no liability for any losses, damages, costs and expenses (including any legal costs and expenses) suffered or incurred as result of the use of the Product that does not comply with clauses 5 and/or clauses 16 to 26(inclusive) of this Agreement.
- Other than in relation to breaches of the consumer guarantees or as otherwise prohibited by law, Bush Barrier’s maximum aggregate liability to you, under this Agreement, or under any tort (including negligence or breach of statutory duty) in relation to any losses, damages, costs and expenses (including reasonable legal costs and expenses) caused by,suffered or incurred as a result of, the Product shall be limited to the cost of replacement of the Product and/or the repair of the damage to the vehicle caused by the Product.
- If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be deemed to be deleted from this Agreement and to the extent possible, the remainder shall continue to be legally binding.
- This Agreement shall be governed by and construed under the laws of New South Wales.