Terms of use of this website and Disclaimer

Application of these terms

This website is owned and operated by Rhino Rack Australia Pty Limited (ABN 63 122 680 639) (Rhino-Rack).

Your use of the content of this website is governed by these terms of use.

By using or browsing this website you accept these terms and conditions as amended from time to time.  If you do not accept these terms and conditions you should exit from the website now. We may amend these terms and conditions at any time.  It is your responsibility to check these terms each time you use this website.

If you enter into transactions with Rhino-Rack via this website, additional terms and conditions will also apply to those transactions. 

We may amend, suspend or discontinue this website or any service, content, feature and product offered through the website, at any time without notice.

Content of a general nature

The content of this website constitutes general information of a summary nature of interest and relevance at the time of its publication. 

We do not warrant the accuracy of the content as complete, accurate or up-to-date, nor that access to this website will be continuous or without interruption.

While we attempt to describe our products displayed on this website as accurately as possible, we do not warrant that the product descriptions or other content are accurate, complete, reliable, current or error-free.

You agree that you use this website at your own risk and that you will not rely on its content or accessibility.

Limitation of liability and disclaimer

(a)           Some legal obligations imposed by law cannot be excluded or limited.  We do not purport to exclude or limit such liability. 

(b)           Subject to:

(i)   clause (a) and to the extent permitted by law; and

(ii)  except as otherwise expressly provided in terms and conditions applicable to specific transactions that may be facilitated by this website,

you agree that:

(iii)             we are not liable to you for any loss (including loss of data), damage, liability, claim or expense including but not limited to legal costs and disbursements arising from your use of this website and whether your claim arises from breach of contract, negligence or other tort or breach of statute, wilful act or otherwise; and 

(iv)            all terms, conditions and warranties other than those expressly contained in this website are excluded.

Copyright in this website

This website is copyright of Rhino-Rack or its suppliers. All content included on the website, such as text, graphics, logos, images, as well as the compilation thereof, and any software used, is the property of Rhino-Rack or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.

You may download the content of this website for your own personal or private use and may print extracts for such purposes but otherwise you may not make any permanent or enduring copy of this website, its content or its computer code.

You may not reverse engineer or compile this website.

You may not distribute copies of this website or its content to third part for commercial purposes without the prior written consent of Rhino-Rack.

Trade marks

All trade marks used in this website are the property of Rhino-Rack USA LLC (except where otherwise expressly stated) and you agree that you must not use any of the trade marks displayed on this website (or any mark that is substantially similar to any of them) without the prior written consent.

Intellectual property in products

You agree that all intellectual property in the products shown in this website is the sole property of Rhino-Rack USA LLC and you will not copy, use or seek to register imitations of the products displayed in this website.

Links

This website may contain links to websites operated by third parties (“linked sites”). You agree that:

(a)           we do not re-publish, endorse, recommend or approve the linked site; and

(b)           we make no representation or warranty concerning the accuracy or other characteristics of the content of the linked site or the experience you will have at the linked site.

Privacy Policy

Please refer to our general Privacy Policy for information about how we handle your personal data.

Jurisdiction

The laws of New South Wales, Australia govern your use of this website.  You agree to submit to the jurisdiction of the courts of that place.

Terms of Supply / Sales of Products

This is a binding contract. Please read it carefully. By proceeding with the Order, you confirm acceptance of the Terms set out below.

Account means an online account created and registered by the Customer (or for and on behalf of the Customer) on the Website to browse, order and purchase the Products.

Invoice means a tax invoice issued by Rhino-Rack in respect of an Order.

Contract means a contract for sale by Rhino-Rack to the Customer of the Products incorporating these Terms.

Customer means the person or legal entity in whose name the Account is registered.

Account Terms of Use means the terms and conditions of registering and use of the Account.

Order means an order by the Customer to purchase Products from Rhino-Rack through the Account.

Privacy Policy means Rhino-Rack’s privacy policy available through the link https://rockymounts.com.au/policies/privacy-policy for Australia.

Products means products offered by Rhino-Rack and ordered by the Customer through the Account, as described in the Order and the Invoice.
Rhino-Rack means Rhino Rack Australia Pty Limited (ABN 63 122 680 639).

Terms means the terms and conditions set out in this document.

Website means the website https://rockymounts.com.au/  and also includes a mobile application for the Website.

1.    These Terms apply to any Order placed and any purchase of Products made by the Customer through the Website.

2.    The Terms are to be read together with the Account Terms of Use, the Privacy Policy, terms of use of the Website and as in addition to any terms which may be specified by Rhino-Rack in relation to each individual Order or return of the Product.

3.    The Products sold are subject to these Terms to the exclusion of any other terms and conditions stipulated or referred to by the Customer. The Customer acknowledges that it is aware of the contents of and agrees to be bound by these Terms. No amendments to these Terms will be binding on the parties unless approved in writing by Rhino-Rack.

4.    By placing and proceeding with the Order, the Customer accepts the offer from Rhino-Rack to enter into a Contract in relation to the Order on these Terms and agrees to be bound by these Terms.

5.    Before submitting an Order, the Customer must satisfy itself as to the identification and quantity of each Product it wishes to order. The Customer warrants and acknowledges that the Order is correct, accurate and complete and that the Customer has satisfied itself as to the content and price of the Order.

6.    The Contract for purchase of the Products under these Terms is formed once the Customer places an Order for such Products through the Account.

7.    Where applicable, if the Customer wishes to cancel the Order, the Customer should notify Rhino-Rack immediately. Should the Customer fail to notify Rhino-Rack as provided by this clause, Rhino-Rack will be entitled to charge the Customer, and the Customer shall pay to Rhino-Rack, any costs and expenses incurred by Rhino-Rack in connection with the Order.

8.    Upon receipt of the notification from the Customer referred to in clause 7, and where applicable, Rhino-Rack may cancel the Order and may issue a refund for the amount of the Order (if the Customer has paid for the Order) less any costs and expenses incurred by Rhino-Rack in connection with the Order (including but not limited to costs of delivery to the delivery address). The Customer shall pay to Rhino-Rack any costs and expenses incurred by Rhino-Rack in connection with the cancelled Order.

9.    Rhino-Rack may cancel the acceptance of any Order at any time before delivery without incurring any liability to the Customer. If Rhino-Rack cancels the Order and the Customer has already paid for the Order, where applicable, Rhino-Rack will issue a refund to the Customer for the amount of the Order.

10.  All prices are stated in Australian dollars and are exclusive of any applicable duties, charges, levies, fees and taxes (including the Goods and Services Tax), unless stated otherwise. The Customer will bear all applicable taxes, charges, fees, duties and levies.

11.  The Customer will pay all applicable shipping, delivery and handling charges which will be billed to the Customer in addition to the price for the Products, and as part of the Order, unless stated otherwise.

12.  Payment for the Products and/or services must be made in full before physical delivery of Products to the Customer.

13.  Delivery of the Products will be effected by Rhino-Rack after payment for the Order has been made in full.

14.  Rhino-Rack will arrange delivery of Products to the delivery address stated in the Order. The Products shall be delivered by a carrier selected by Rhino-Rack. Rhino-Rack may make partial deliveries.

15.  Upon dispatch of the Products under the Order, Rhino-Rack will issue an Invoice to the Customer for the Products dispatched and delivery charges.

16.  Title to and risk in the Products passes to the Customer upon delivery of the Products to the Customer.

17.  Delivery occurs when possession or control of the Products passes to the Customer, its representative, agent or carrier, or as directed by the Customer (for example, once the Products are left at the delivery address if so directed by the Customer).

18.  Any dates specified by Rhino-Rack for delivery of the Products are intended to be an estimate only. Time for delivery shall not be made of the essence. Rhino-Rack will not be liable for any delay in delivery of the Products which is outside of Rhino-Rack’s control.

19.  The Customer may cancel an Order if Rhino-Rack is unable to deliver the Products within a reasonable period from the estimated delivery date. If the Order is cancelled under this clause, Rhino-Rack will process a refund to the Customer for the amount of the Order.

20.  A delivery docket issued by Rhino-Rack or its carrier will be sufficient evidence of delivery.

21.  Rhino-Rack’s weights and measurements shall govern unless proven to be incorrect.

22.  Upon delivery of Products, the Customer shall inspect the Products and packaging for the quantity and quality.

23.  The Customer must notify Rhino-Rack within three (3) business days of delivery of any shortfall in or loss or damage to Products delivered or it will be deemed to have accepted the Products. Nothing in this clause affects a Customer's right to claim against Rhino-Rack for a defective product under the warranty stipulated in clause 32, or under their rights under statute, including the Competition and Consumer Act 2010 (Cth).

24.  Products will be packaged in accordance with Rhino-Rack’s standard packaging procedure in compliance with regulatory requirements.

25.  The Customer must comply with any Product manual, specification or instruction when using, installing and handling the Product.

26.  The Customer warrants that it purchases the Product for its own personal use and not in the course of a business.

27.  The Customer shall keep records of each Order and purchase and sale, showing the date of purchase or supply and the quantity received or supplied.

28.  The Customer can only return the Product if Rhino-Rack accepts that the Product is defective. The Customer shall contact info@rockymounts.com.au for Products purchased from Rhino Rack Australia Pty if the Customer considers the Product to be defective. The Customer shall not return any Product to Rhino-Rack unless Rhino-Rack confirms acceptance of a request for such return in writing and provides a return note and any specific instructions for return of the Product.

29.  If Rhino-Rack establishes that the Product is defective, Rhino-Rack will provide an instruction on the return of the Product. A refund or replacement will be issued when the returned Product is returned to Rhino-Rack and Rhino-Rack satisfies itself that the Product is defective.

30.  In the event the Customer returns a non-defective Product, Rhino-Rack reserves the right not to refund the amount of the Order. Rhino-Rack does not accept returns of Products for change of mind or incorrect Order placement.

31.  The Customer indemnifies Rhino-Rack, its affiliates, employees, officers, agents and contractors against any and all cost, expense, damage, judgment, liability or loss (including consequential loss, loss of profit and loss of expected profit) incurred directly or indirectly as a result of or in connection with any claim, demand or cause of action asserted or brought by a third party in relation to or arising from any negligent act or omission, unlawful conduct or other misconduct by the Customer, its representatives and agents relating to these Terms, any Contract and the Products.

32.  Rhino-Rack warrants that the Products are of merchantable quality and free from defects. Warranty terms (which also stipulate a warranty period) which accompany or are provided in relation to a specific Product by Rhino-Rack apply to the supply of Products under these Terms and are accessible through the link https://rockymounts.com.au/pages/warranty. No warranty claims which fall outside of the warranty terms and/or are made outside the applicable warranty period will be accepted by Rhino-Rack.

33.  Nothing in these Terms shall be interpreted as an attempt to modify, limit or exclude terms or warranties which are imposed by statute (including but not limited to the Competition and Consumer Act 2010 (Cth)) and which cannot be modified, limited or excluded.

34.  Other than as specifically set out in these Terms, and to the extent permissible by law, all representations and warranties implied by statute or law are excluded.

35.  To the extent permitted by law, the liability of Rhino-Rack for breach of these Terms, for negligence or other tort and for breach of statutory duty, implied term or warranty about the Products sold, shall be limited, at the option of Rhino-Rack, to:

(a)   the replacement of the Products;

(b)   the supply of equivalent Products;

(c)   the repair of the Products;

(d)   the payment of the cost of replacing the Products; or

(e)   the payment of the cost of having the Products repaired.

36.  To the extent permissible by law, Rhino-Rack shall have no liability to the Customer for:

(1)   loss of profit or anticipated profit;

(2)   loss of revenue;

(3)   loss of savings on overheads;

(4)   loss arising from any breach of contract committed by the Customer, including but not limited to any contract for the re-supply of Products by the Customer to a third party;

(5)   loss of goodwill;

(6)   loss arising from business interruption;

(7)   loss arising from or in connection with any contamination or pollution; and

(8)   exemplary damages.

37.  The limitations and exclusions of liability set out hereto also apply to loss incurred in respect of personal injury and loss arising from wilful acts and omissions.

38.  The parties shall be excused for delays in performance or failure of performance (except payment of amounts due) to the extent arising from causes beyond such party’s reasonable control, including without limitation, strikes, wars, fires, any epidemic, pandemic or disease outbreak, acts of terror or acts of God, such as floods and earthquakes. In the event of any such event or condition, the party whose performance is excused shall notify the other party as soon as practicable and shall make diligent efforts to perform its obligations at its earliest opportunity.

39.  If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provisions in question will not be affected.

40.  No failure or delay on Rhino-Rack's part in exercising any power or right under these Terms operates as a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise, or the exercise of any other power or right.