Terms

MAXTRAX Online Purchase Terms

By proceeding with this purchase You ("You") agree to purchase a product and be bound by the following agreement between You and Gunshot Creek Unit Trust t/a MAXTRAX ABN 25 912 211 564 ("We", "Us") governing Your purchase and use of the MAXTRAX ("Product"). These terms must be read in conjunction with any other applicable terms and conditions governing the use of this Website, including our General Website Terms of Use.

If You do not agree to these Supply Terms, please cancel your purchase.

1. Product Information

We will use reasonable endeavours to ensure that all product information is accurate. However, it is Your responsibility to verify that the Product You have selected is suitable for Your intended purposes.Please note that in some cases the Product may look different from the illustration posted on the Site.

If for any reason You are unable to complete Your purchase successfully, please contact our technical support at admin@maxtrax.com.au

2. Pricing Information

You acknowledge that despite Our reasonable precautions, products may be listed at an incorrect price, or with incorrect information, due to typographical errors or oversight. In these circumstances, We reserve the right to cancel the transaction, even if Your order has been confirmed and Your credit card has been charged. We reserve this right up until We deliver the Product.

If a cancellation of this nature occurs after Your credit card has been charged for the purchase, We will immediately issue a credit to Your credit card account for the amount in question.

3. Your Obligations

You must complete payment online at the time of ordering unless You have made a separate agreement with Us for payment terms.You must ensure that the Product is used in accordance with its instructions and this agreement.

We do not make any representations or warranties regarding any Product or its fitness for any purpose, or any matter relevant to You buying the Product other than the representations or warranties expressed in this agreement.

4. Cancellation

To cancel an order You must contact Us immediately.We cannot cancel orders once the Product has been shipped. You indemnify Us for all losses resulting from Your cancelling an order.We reserve the right to charge an administration levy of up to $50 for any cancellation.

5. 7 Day Returns Policy

Within 7 days of delivery, You can contact Us to return a Product and get a refund if the Product is unused and in original condition.

6. Delivery

You must supply a street address for delivery.We cannot deliver to a post office box.

The delivery times We give to You are estimates only and We are not liable for late delivery or non-delivery, or for any loss, damage or delay arising from late or non-delivery.

You must ensure that the delivery instructions You supply to Us are correct.

We reserve the right to make a reasonable charge for additional delivery and storage if You do not provide Us with proper delivery instructions at the time of ordering, or if no one is available to accept delivery.

Freight costs will be added onto Your invoice as advised on the Site at time of purchase.

7.Loss or damage in transit

You should check the Product carefully for damage before signing the delivery docket.Once You have accepted delivery of the Product as being undamaged, You cannot make a claim for loss or damage in transit (if insured).

To make a claim for loss or damage in transit You must tell Us immediately about the damage.

You authorise Us to complete any forms or take any action necessary for lodging a claim with the relevant carrier or insurance company to make a claim for compensation for damage in transit.

We will issue a credit to Your credit card or Your account with Us for the amount We recoverfrom the carrier or insurance company.

8. Payment

You must pay any goods and services tax (GST), or other taxes or duties of any kind applicable to the Product.

If You do not pay any amount when due to Us, or if any payment is subsequently cancelled, then without prejudice to any other right or remedy:

  • all outstanding money carries interest on daily balances until paid at a rate of interest per annum equal to 12%; and
  • We may recover the price of the Product together with all interest from You as a liquidated debt in a court of tribunal of competent jurisdiction irrespective of any claim that You may have against Us for any thing or matter related to the Product.

We retain ownership of the Product until all accounts You owe Us are fully paid:

Despite the provisions above We shall be entitled to maintain an action against You for the purchase price and the risk in the Product shall pass to You upon the earlier of:

  • actual or constructive delivery of the Product to You; oro collection of the Product from Us or Our bailee or agent by Your agent, carrier or courier.delivery.

9. Limitation, Exclusions, Indemnities

You acknowledge and agree that We are not liable to You or to anyone else for any loss or damages including, but not limited to, claims for faulty design, negligent or misleading advice, arising out of or in connection with:

  • the use of the Site, the Service or the Product;o the use by Us of any information provided by You to Us through the Site; or
  • any such loss or damage which may arise should You be unable to access the Site, for any reason, and however arising, including negligence.

To the extent permitted by law, We expressly limit Our liability for breach of a condition or warranty implied by virtue of any legislation to (at Our sole discretion) the repair, replacement or refund of any Product in accordance with this agreement.

In no event shall We be liable for any other claims or damages or loss arising from the use of the Product, and any indirect, special or consequential damages or injury to any person, corporation or other entity.

You acknowledge and agree to indemnify Us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to:

  • Your use or purported use of the Product;o Your breach or non-observance of any term of these conditions of use or instructions accompanying the Product; oro any breach or inaccuracy in any of Your representations or warranties;

You agree to indemnify, keep indemnified, defend and hold harmless Us, and Our officers, employees, agents and contractors from all and any liability or for any claims, including personal injury or injury to property associated with or arising from the use or misuse of the Product by You or by anyone to whom You allow access to the Product, whether or not the damage or injury arises from our negligence or breach.

We are not liable for default or failure in performance of Our obligations pursuant to this agreement resulting directly or indirectly from any cause beyond Our reasonable control.

10. General

This agreement supersedes all prior agreements, arrangements and undertakings between the parties and constitutes the entire agreement between the parties relating to the Product.

This agreement shall be governed by and construed in accordance with the laws for the time being in force in Queensland, Australia and the parties agree to submit to the jurisdiction of the courts and tribunals of that State.

Should any part of this agreement be or become invalid, that part shall be severed from this agreement. Such invalidity shall not affect the validity of the remaining provisions of the agreement.