Terms & Conditions
Terms and Conditions
These terms and conditions (Terms) govern your use of the Website located at www.prerunner.com.au (Website), and the use of any Products purchased through the Website (Products). No verbal conditions or guarantees expressed or implied shall have effect on these Terms unless written and initiated by one of our Directors.
Acceptance
By using the Website and purchasing and using our Products, you agree to these Terms (including our disclaimers) and will be bound by these Terms. Due to the highly specialised nature of our Products, we recommend that you read these Terms before finalising your purchase. If you do not wish to be bound by these Terms you should not use the Website or our Products.
Revisions
We may revise these Terms from time to time. Revised Terms are effective immediately upon being posted onto the Website. Your continued use of the Website will mark your acceptance of any such revised Terms.
General Product Disclaimer
All of our Products are manufactured and supplied for OFFROAD USE ONLY and are not to be used on motor vehicles operated on public roads or other areas. Our Products will be sold to you on the basis of being for offroad use only and you may risk prosecution if our Products are used in a manner other than described in these Terms. We have no control over the usage of any of our Products by you.
We will not be liable for any injuries, death or property damage caused by the operation of any motor vehicle and/or the use of any Product purchased from our website or elsewhere.
We reiterate and confirm that we make no representation or warranty, explicit or implied, that our Products are compliant with relevant statutory requirements for use in a motor vehicle.
The installation of any aftermarket part on your motor vehicle may void or otherwise adversely affect your factory warranty and/or insurance. In addition, such installation and use may violate certain National, State and Local laws, rules, regulations and ordinances as well as other laws when used on motor vehicles operated on public roads. Always check National, State and Local laws before modifying your motor vehicle. It is the sole and exclusive responsibility of you to determine the suitability of our Products for your use and ensure compliance with any applicable laws, rules, regulations or ordinances. You shall assume all legal, personal injury risk and liability and all other obligations, duties and risks associated therewith.
We assume no responsibility or accountability, be it in a criminal or civil action, where any of our Products are used in a manner that is either outside these express Terms and/or is illegal.
Warranty
We will repair or replace (at our discretion) any Product, which, under normal conditions of use and service, proves to be defective in workmanship. Our warranty does not cover normal wear and tear, paint, exterior finish, or any labour costs incurred in the diagnosis of defects, removal or re installation of a product, nor does it cover any other contingent expenses.
We will also not reimburse any installations made from an installer if a product is faulty and needs to be replaced.
For more info please visit the ACCC Website.
This warranty is limited to the original consumer purchaser. It is not transferable to subsequent owners of the product. Excluded from the warranty are failures caused by misuse, negligence, modification, abuse, improper application, installation or operation, adverse weather conditions, or adverse chemicals.
Please direct all warranty claims to info@prerunner.com.au with your name, order number, contact details and a detailed description of the problem with photographic images if possible.
If you receive the wrong Products, we will process an exchange for the correct ordered item(s), subject to availability, or arrange a refund. Please email info@prerunner.com.au with your name, order number, contact details and a detailed description of the order error. We will evaluate your request as soon as practicable.
No Refund Policy
We do not accept refunds unless the product is faulty. We do not provide refunds due to incorrect ordering or change of mind. A 20% restocking fee will apply.
Faulty/Damaged Products
We undertake to replace any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us immediately via info@prerunner.com.au
The customer must arrange the return of a faulty or damaged product and a receipt must be sent to info@prerunner.com.au . If the product is returned with no fault/damage then the postage will not be refunded. If the product does in fact have a fault/damaged then we will refund the postage back onto the original form of payment.
We do not send out replacement Products without receiving the faulty/damaged product first. A $1,000.00 holding payment will be charged in the instance of a new product being sent out prior to receiving the faulty/damaged product. The holding payment will not be refunded until the original product has been returned back to us.
Development
Our Products are constantly in development, and as such, Products may be discontinued and superseded without notice.
Orders
Any order placed by you through the Website for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place your order.
We reserve the right to accept or reject your offer for any reason including, without limitation, the unavailability of any Product, an error in the price or the description posted on the Website, or an error in your order.
If you order Products from the Website, we may require you to confirm your details and to provide further details to enable the processing of any orders that you make. You agree to provide us with current, complete and accurate details when asked to do so by the Website or one of our employees or authorized representatives.
Orders will not be accepted and Products will not be dispatched or delivered until payment in full has been received and we are satisfied with the integrity of the order and the validity of payment. We will send you a payment and delivery confirmation at that time.
Price
Prices of Products and delivery and other charges displayed on the Website are current at the time of issue but are subject to change without notice. You should check the price at the time of placing an order.
Prices of Products displayed on the Website are Goods and Services Tax (GST) inclusive unless otherwise indicated. This may change in the future, and at that time GST will be indicated at the point of purchase and charged at the legislated rate.
Shipping & Handling
Our Products are shipped via postal/courier service as purchased by you as part of the order. Delivery times and conditions apply as per the policy of the applicable postal/courier service provider. Shipping confirmation for the order will be sent to you via email and tracking of the order with the postal/courier service provider is your responsibility. Online orders received without payment for shipping will not be shipped to you until full payment is received for postal/courier service.
Product Risk & Title
We will retain title to the Products you order until payment in full is processed and the Products are dispatched to you. All risk associated with the Products will pass to you upon delivery.
Use of Content
Unless otherwise indicated by us, we own all intellectual property rights including copyright in all text, logos, photographs, pictures, graphics, images, artwork, trademarks, computer code and other materials posted on the Website (Content) and the arrangement of this Content.
Occasionally, we may publish Content in which the copyright is not owned by us. When this is done, we will make every effort to acknowledge the copyright owner.
The Content may only be used by you for personal and non-commercial purposes. You agree not to:
- copy, alter, remove or object to any copyright, trademark or other proprietary notice of ours or of any other company appearing on the Website;
• copy, republish, reproduce, transmit, distribute or sell the Content or upload, post or display the Content on any other Website or medium for publication or distribution or for any commercial enterprise;
• modify or edit the Content in any way; or
• to the maximum extent permitted by law, reverse engineer, translate, adapt or modify any software used in connection with the Website.
You acknowledge and agree that your use of our Website is provided “as is” and “as available”. We do not represent or warrant that the operation of our Website will be secure, confidential, uninterrupted, error-free, accurate, complete or current.
We update and carry out maintenance on our Website regularly, so we may have to suspend access, service or functionality on our Website from time to time, without notice. We will not be liable if, for any reason, our Website are not available at any time or for any period of time.
In the event that you find any inaccurate information on the Website or have any complaint about what we have published please email info@prerunner.com.au. We will investigate the matter on receipt of your email and will take further action as we consider appropriate.
Using Email
In supplying our email addresses on our Website we do not consent to you sending unsolicited emails to us.
You also cannot:
- use a false email address, impersonate any person or entity on our Website, or otherwise mislead others as to the origin of our Website’ content;
- Falsely state or misrepresent an affiliation with us or another;
- Harass our directors, staff, officers, independent contractors, representatives, volunteers, affiliates, patrons, sponsors, donors, charity recipients, contributors, members, third party content providers or another user of our Website; or
- Impersonate a person or an entity, including impersonating our directors, staff, officers, independent contractors, representatives, volunteers, affiliates, patrons, sponsors, donors, charity recipients, contributors, members, third party content providers and licensors.
Third Party Sites
We may link the Website to other website which are not under the control of, or maintained by, us. We are providing these links to you only as a matter of convenience and, to the maximum extent permitted by law, we are not responsible for the content of such website. We do not endorse or recommend any Products, materials or services displayed or offered on any website which may be linked to our Website.
Other Terms and Conditions
Additional terms and conditions may apply to specific portions or features of the Website, including contests, promotions or other similar features, all of which the terms are made a part of these Terms by this clause.
You agree to abide by such other terms and conditions. If there is a conflict between these Terms and the terms posted for, or applicable to, a specific portion of the Website or for any service or feature offered on or through the Website, the latter terms will take precedence with respect to your use of that portion of the Website or the specific service or feature.
Liability
We make no warranty that the:
- Website or Products will meet your requirements;
- Website will be uninterrupted, timely, secure, or error-free; or
- Quality of any Products, information, or other material purchased or obtained by you through the Website will meet your expectations.
Where any condition, warranty or right is implied by law and cannot be excluded we limit our liability for breach of, or other act contrary to, that implied condition, warranty or right, at our option, to either:
• an amount equivalent to having the Products re-supplied.
Indemnity
We rely on you observing these Terms at all times. You hereby indemnify and continue to indemnify us and hold us and our Directors, officers, employees, representatives, independent contractors, volunteers and agents harmless from any claims of any nature whatsoever (including legal costs) by any third party arising out of or in connection with your access to and use of our Website and Products. The indemnity in this clause extends to and covers your breach of these Terms.
General
These Terms between you and us will be governed by the laws of QLD, Australia. You agree that any dispute or legal proceeding in relation to the Website and/or our Products shall be brought exclusively in the courts of QLD, Australia.
If any provision or part of a provision of these Terms is held by a court of competent jurisdiction to be contrary to law, all other provisions shall remain in full force and effect.
These Terms comprise the entire agreement between you and us in respect to your use of the Website and our Products. Any dispute or difference arising out of these Terms will be submitted to arbitration in accordance with, and subject to, the Institute of Arbitrators and Mediators Australia Fast Track Arbitration Rules. The seat of arbitration will be Sydney, Australia. The language of the arbitration will be English. The number of arbitrators will be one.
By using this website, you (the visitor) agree to allow third parties to process your IP address, in order to determine your location for the purpose of currency conversion. You also agree to have that currency stored in a cookie on your browser. This is done in order to setup your checkout currency.
