Terms & Conditions of Sale
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://ultimateoffroad.com.au website (the “Service”) operated by Ultimate Offroad (Vic) (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. You warrant that you are at least 18 years old, and you are legally capable of entering into binding contracts. If you are under 18 years old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
No shipments will be forwarded C.O.D.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain personally identifiable information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, email and your shipping information. If we have trouble processing an order, we will use this information to contact you.
It is the customers responsibility to supply all the relevant information of a vehicle before the purchase of products on our website.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
The Service is not designed to provide qualitative advice regarding the fitness for purpose and merchantability of any products or services. We strongly advise you to exercise caution and do your own due diligence in conducting any transactions through the Service.
Shipping & Handling
The price of freight and packaging is not included in the sale price.
Ultimate Offroad can arrange freight on your behalf should you require cartage of your goods to your premises.
Shipping costs are calculated based on the size and weight of the product(s) in your shopping cart and the distance from the Service’s dispatch warehouse and your nominated address.
If you choose to nominate your own freight company, this must be stated in writing along with an account number or the shipment will not be forwarded. If merchandise is lost or damaged while in transit, please contact the carrier involved as the responsibility will be with the nominated freight company.
Damaged claims or shortages should be filed promptly. Insurance of goods in transit is the responsibility of the purchaser and the carrier after they leave the company’s factory. If any goods are lost or damaged in transit, please contact us for shipping details and we will attempt to rectify the situation as quickly as possible.
All processed shipments generate a tracking number that you can use to monitor the status and location of your order. All shipping and handling costs are in Australian Dollars and include GST.
Terms of Payment
Payment shall be made by cleared funds on or before delivery of the Goods to you. Payment shall not be deemed to have been made until Ultimate Offroad has received cleared funds.
All payments must be made free of any set-off or counterclaim and without deduction or withholding whatsoever.
Ultimate Offroad reserves the right to charge a fee on any payment that attracts a transaction fee for Ultimate Offroad.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Ultimate Offroad and its licensors. The Service is protected by copyright, trademark, and other laws of both the Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Ultimate Offroad. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.
Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us in disrepute.
You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by any other users are those of the respective authors or distributors and not of us.
Returns & Cancellation Policy
Unless otherwise required by the Australian Consumer Law or other binding legislation, Ultimate Offroad may at its discretion accept for credit, return of Goods subject to this clause and provided that:
- Goods for credit must be returned to Ultimate Offroad Centre 1871 Ferntree Gully Road, Ferntree Gully Victoria 3156 Australia within 14 days of the purchase date;
- Proof of purchase must accompany any goods returned as well as a valid reason for the return;
- The Goods have not been damaged in any way by the Customer; and
- The Goods have not been used and the Goods and/or the packaging of the Goods has not been handled, damaged or I interfered with to an extent inconsistent with a, reasonable examination by you,
- The Goods have not been ordered or manufactured specifically by Ultimate Offroad for you or items which are Ultimate Offroad non-stock Lines;
- Engine mount and bracket kits are not refundable unless proven to be faulty;
- Goods that have been specially machined or imported cannot be returned unless they are proved to be faulty. Goods that have been ground, drilled, or modified in any way will not be accepted;
- All goods returned will be subjected to a restocking fee of up to 20% except in the case of faulty goods;
- Individual items from kits that are not used cannot be returned for credit;
- The cost of returning any product to Ultimate Offroad is your responsibility. In the event we have made a mistake, the item is not as described, or the product is faulty we will refund reasonable return freight costs;
- The cost of re-delivery of Goods returned to Ultimate Offroad, must be paid by the person/s or company who purchased the goods before Ultimate Offroad will accept the return of the Goods;
- Customers returning products to the manufacturer will be subject to the manufacturers Return Policy and you may be liable to pay freight.
Retention of Title
The title of all Goods supplied by Ultimate Offroad remains with Ultimate Offroad until payment for the goods is received in full, from the person/s or company purchasing the goods.
Order Refund, Returns & Cancellations
Any special build or non-stock line orders may not be cancelled 12 hours after the order has been placed with Ultimate Offroad, or if the product has been dispatched unless Ultimate Offroad, in its sole discretion, otherwise agrees in writing.