Terms & Conditions
1. APPLICATION
a. These terms and conditions apply to all sales of electrical appliances or products (the "Goods") sold on gen4hire-sales.com.au (“website”) by Wholesale Bros Pty Ltd (ACN 664 465 141) trading as GEN4HIRE ("we" or "us") to you ("you", “your” or "the Customer"). These terms and conditions replace and supersede any previous terms and conditions.
b. If you do not accept these terms, you must refrain from using this website or making a purchase from this website.
2. USER AGREEMENT
a. By accessing and/or using the website, you accept these terms and agree to be bound by them, and an agreement is formed between us and you.
b. These terms may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of the website following such amendment of these terms will represent an agreement by you to be bound by these terms as amended.
3. ORDERS
a. “Order" means an offer made by you in response to an invitation to treat made by us via the website.
b. By placing an Order with us, you warrant that you are at least 18 years old and have the legal capacity to enter into a binding contract with us. We reserve the right to take legal action and seek compensation from the parent or guardian of a minor who causes an Order to be placed, for any loss or damage we may suffer as a result of a transaction entered into by a minor.
c. Representations of products for sale made by us via the website do not constitute an offer to sell but an invitation to treat.
d. A contract of sale is entered into between the Customer and us for the purchase of the Goods by:
i. Making an Order via the website by selecting the Goods you wish to purchase and providing the requested details including full name, contact number and delivery address;
ii. Paying the purchase price and any applicable delivery fees;
iii. The acceptance of your offer by us by email confirmation.
e. Once you have placed your Order, you cannot cancel or revoke your Order.
f. When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the Goods only when the electronic instruction containing the offer from you enters and is recorded in our database and we receive in our account full payment from you for the Goods (including any applicable delivery fees) and confirmation of that payment is received by us.
g. To the extent permitted by law, we are not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an Order through the website, or any failure to receive the Order for whatever reason and we may act on and process all completed Orders transmitted or issued through the website without further consent from or reference to you.
4. CANCELLATION OF ORDERS
a. We may in our sole and absolute discretion accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your Order.
b. Any representations made about stock availabilities are accurate to the last known stock level and are subject to change.
5. PRICE AND PAYMENT
a. All prices are in Australian dollars and include GST unless otherwise stated.
b. We reserve the right to change the prices of our Goods at any time without notice.
c. Prices do not include delivery charges.
d. Payment must be made in full at the time of purchase.
e. We may accept payment by the following methods:
i. Visa, Mastercard, PayPal, Zip Pay, After Pay, Latitude Pay, Google Pay, and Apple Pay.
6. TITLE AND RISK
a. Title to the Goods will not pass to you until we have received full payment for the Goods.
b. Risk in the Goods passes to you upon delivery.
7. DELIVERY
a. We will use our reasonable efforts to deliver the Goods to you within a reasonable time after receipt of your Order.
b. We will deliver the Goods to the address provided by you at the time of purchase.
c. If we are unable to deliver the Goods to you, we may, at our discretion, cancel your Order and provide you with a refund.
d. For avoidance of doubt, delivery which occurs within 30 days from confirmation of acceptance of your Order will be deemed a reasonable time.
e. Delivery times advertised on the website are indicative only and we are not bound to deliver within those timeframes.
f. You will be required to be available in person to accept delivery of your Order. If you are unavailable you may authorise us to leave the delivery for collection at the address provided (unattended as the case may be) or with another person but risk passes to you upon such delivery.
g. If you are unavailable to collect the Goods or the delivery contractor deems it too difficult to deliver than you will be liable for any extra charges including redelivery fees.
h. We do not accept responsibility for delivery failures or delays by our third party delivery contractor.
i. Orders may be completed in multiple deliveries.
8. LIABILITY
a. To the extent permitted by law, our liability for any loss or damage (including consequential loss or damage) arising from:
i. Any breach of these terms and conditions by us;
ii. The supply, use, or inability to use the Goods;
iii. Any act or omission by us or our employees, agents, or contractors; or
iv. Any other matter relating to the Goods or their supply, is limited to the lesser of:
v. The purchase price of the Goods; or
vi. The cost of repairing or replacing the Goods.
b. To the extent permitted by law, we exclude all other liability for any loss or damage (including consequential loss or damage) arising from the supply or use of the Goods.
c. This clause does not limit or exclude any liability that cannot be limited or excluded by law, including liability under the Australian Consumer Law.
d. We strongly recommend that you insure the Goods against loss or damage during delivery or transit.
9. MANUFACTURER’S WARRANTY
a. If the Goods sold through our website come with a manufacturer's warranty, you agree to first rely on that warranty for any claims relating to the Goods (including any claim for refund or repair).
10. RETURNS AND REFUNDS
a. If you believe that the Goods are faulty, damaged, or not as described, please contact us as soon as possible. We may require you to provide evidence of the fault or damage, such as photographs or a description of the issue.
b. If we agree that the Goods are faulty, damaged, or not as described, we will provide you with a refund or replacement as soon as practicable.
c. Goods to be returned because they are faulty, damaged, or not as described will need to be delivered to a location provided by us at your cost.
d. We do not provide refunds or exchanges for change of mind or if you have simply Ordered the wrong product.
11. FORCE MAJEURE
a. We will not be liable for any delay or failure to perform our obligations under these terms and conditions if such delay or failure is due to a force majeure event, including but not limited to acts of God, war, terrorism, civil unrest, or natural disasters.
12. GOVERNING LAW
a. These terms and conditions are governed by the laws of Queensland, Australia. Any disputes arising from or in connection with these terms and conditions will be resolved in accordance with the laws of Queensland.
13. AMENDMENTS
a. We may amend these terms and conditions from time to time by posting the amended terms and conditions on our website. The amended terms and conditions will be effective from the date they are posted on our website.
14. SALE OF GOODS
a. To the extent permitted by law, we exclude the application of the Sale of Goods Act 1986 (Qld) to any purchase of Goods made through our website.
15. SEVERABILITY
a. If any provision of these terms and conditions is found to be invalid, illegal
or unenforceable, the remaining provisions will remain in full force and effect to the extent permitted by law.
b. If any invalid, illegal or unenforceable provision would be valid, legal or enforceable if some part of it were deleted or modified, the provision will be deemed to be modified to the extent necessary to make it valid, legal and enforceable.
c. The modification or deletion of any provision under this clause will not affect the validity and enforceability of the remaining provisions.
16. WAIVER
a. Any failure by us to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by us.