Conditions of Use
Sales Terms &
Conditions
Welcome to Buderim Mountain Mowers Online Sales Terms and
Conditions. These Terms and Conditions govern sales made on the Buderim
Mountain Mowers online sales web page. You agree to be bound by these Terms and
Conditions. We reserve the right to amend these Terms and Conditions at any
time by posting amended terms and conditions on our website with a revised
effective date.
The terms “Buderim Mountain Mowers”, “us”, “'we” and “our”
refers to Buderim Mountain Mowers. Our
contact details are listed on the website page "Contact Us". The term
'you' refers to the purchaser of the product or user or viewer of the online
ordering features of our website.
Price:
Prices listed are for immediate ordering only and are subject
to change. Prices do not include shipping, which will be charged separately.
Prices include GST for Australian residents.
We do not ship products or machinery outside of Australia.
Availability:
Buderim Mountain Mowers we will let you know if we don’t
have the product in stock and we must order it from our suppliers. In this
event after you order the item some of our products have longer lead times than
others, if a product has a longer lead time (e.g. product is on back order) we will email you a confirmation of
lead time for your order.
Payment Options:
We accept payments on a “Direct Deposit” only basis for
online orders.
Delivery:
We only Deliver large machines for e.g. Zero Turns, Ride On’s
mowers for FREE. Anything else can be arrange at a pre-determined delivery fee.
Links to Other
Websites
This site may contain links to other third party websites.
These linked sites are not under the control of Buderim Mountain Mowers, and we
cannot accept responsibility for the conduct of companies linked to our
website. We do not accept any responsibility or liability for the management of
these websites and recommend that you examine the terms and conditions and
privacy policies of those sites before disclosing your personal information to
any linked sites. Links to third party websites does not constitute a
recommendation or endorsement by us for the goods and services that are offered
by the third party.
Shipping:
We currently don’t ship any product we assemble all our
machines and either deliver it or you pick it up from our business.
Title of Goods
The goods shall remain the sole and absolute property of
Buderim Mountain Mowers as legal and equitable owner and the Customer shall
hold such goods as bailee only until such time as the Customer shall have paid
the full price. The Customer shall be liable to Buderim Mountain Mowers in
respect of any loss or damage to the goods during such bailment.
Errors and Omissions
At Buderim Mountain Mowers, we work hard to offer you the
most competitive pricing and accurate product information. Because of the
dynamic nature of this industry (e.g. vendor price changes and other variables
beyond our control), prices, promotions, versions and availability advertised
are subject to change without prior notice. Please be assured of our every
effort to ensure the accuracy; however, the documents and graphics published
may contain technical inaccuracies or typographical errors. Buderim Mountain
Mowers makes no representations about the suitability of this information; it
is provided “as is” without warranty of any kind. If an error is made or a
product is listed at an incorrect price, Buderim Mountain Mowers shall maintain
the right to refuse or cancel any orders placed. If the order has been
confirmed and charged to your credit card, Buderim Mountain Mowers shall
immediately issue a refund.
Warranty:
Manufacturer warranties apply to our products. The warranty
period for the repaired or replaced product will not exceed the original
warranty period. You must contact us before any product is returned for
warranty. The warranty does not include apply to any product problems we
determine have been caused by accident, abuse, or negligence, or by damage by
water, heat, dust or other environmental cause, or by unauthorized repair or
modification.
THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER
WARRANTIES, EITHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PRODUCTS,
INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
IN NO EVENT WILL WE BE RESPONSIBLE OR LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY LOST PROFITS, OR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL
OR CONTINGENT DAMAGES ARISING FROM OR RELATING TO THIS CONTRACT, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE
LIABILITY IN CONNECTION WITH THIS SALE, INCLUDING FOR ANY LIABILITY ON ACCOUNT
OF A CLAIMED DEFECT IN ANY PRODUCT, WHETHER IN CONTRACT OR TORT OR OTHERWISE,
SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE PRODUCT. ALL SALES ARE
FINAL, NO RETURNS WILL BE ACCEPTED OTHER THAN AS PROVIDED IN THESE WARRANTY
PROVISIONS.
Copyright:
Please be aware that all website content, including all forms
of images, designs, descriptions and photographs appearing on our website are
the designs and creations of Buderim Mountain Mowers. These materials are
intellectual property and are protected by Copyright laws. We do not give
permission to recreate our designs in any way, nor do we give permission for
this site, or any portion of this site, to be reproduced, transmitted,
duplicated, copied, sold or resold without the express written consent of
Buderim Mountain Mowers. Any unauthorized usage of these materials is a
violation of these laws, and will result in appropriate action being taken
where necessary.
Interpretation:
These Terms and Conditions shall be governed by and
construed in accordance with the laws of Australia, without reference to its
conflicts of law provisions. Any dispute
shall be subject to the exclusive jurisdiction of the courts located in
Australia, and you hereby irrevocably agree to submit to the personal and
exclusive jurisdiction and venue of such courts. The various section headings
used herein are inserted for convenience of reference only and shall not affect
the meaning or interpretation of these Terms and Conditions or any section
thereof. If any term, provision, covenant or condition of these Terms and
Conditions is held by a court or arbitral panel of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the provisions hereof shall
remain in full force and effect and shall in no way be affected, impaired or
invalidated.