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Terms and Conditions and Disclaimer

Terms and Conditions 

  1. General Terms and Conditions

These Terms and Conditions apply to the use of Our Website and the purchase and delivery of any  products from Us.  

These Terms and Conditions contain important information, including limitations of liability and are  a contract between You and Us.  

By accessing Our Website or placing an order for any Products, you agree to be bound by these  Terms and Conditions and warrant that you have read and understood these Terms and Conditions  and that you are of legal age (over 18 years of age) and have full legal capacity to enter into these  Terms and Conditions and become bound by them. 

1.1 Definitions: 

In these terms and conditions, unless expressly stated otherwise: 

(a) “Buyer” means the person or entity who placed the Order or is named in the relevant Sales  Invoice. 

(b) “Law” means: 

(I) legislation, regulations, by-laws, orders, awards, proclamations and statutory  instruments imposed or enforced by any applicable government, agency or authority; 

(II) any written instrument which constitutes a requirement of an organisation which has  jurisdiction in connection with the supply of the Products or Services; and 

(III) principles of common law and equity established by decisions of the courts. 

(c) “Order” means any request for the purchase of any Products from Us, whether it be via Our  Website, over the phone, in person or by any other means.  

(d) “Products” means anything advertised, available for sale or purchased from Us or contained  on Our Website. 

(e) “Sales Invoice” means the sales invoice issued by us to the Buyer in which these Terms and  Conditions are deemed to be incorporated.  

(f) “Us”, “We” and “Our” is a reference to SBO Group Pty Ltd A.C.N 654 084 949 as trustee for  Bowman Family Trust. 

(g) “Website” means

(h) "You" or "Your" means the person who accepts these Terms and Conditions, by using this  Website and associated software, networks and processes, including the purchase of  Products or services through the Website. 

1.2 Interpretation: 

(a) Any terms included in a Sales Invoice that are inconsistent with this document shall prevail  to the extent of the inconsistency. 

(b) Words importing the singular shall include the plural (and vice-versa). 

1.3 Entire Agreement 

These Terms and Conditions together with your Order constitute the entire agreement between Us  and You for the supply of Products. The Agreement cannot be varied unless we agree to vary it in  writing, whether it be via signed documentation or by email. 

1.4 Legal Capacity 

If you are under the age of eighteen (18) years you cannot place Orders with Us. By accepting this  Agreement, you warrant that you are over the age of eighteen (18) years and have legal capacity to  enter into this Agreement.  

1.5 Jurisdiction 

These terms and conditions and any contract including them shall be governed by and construed in  accordance with the laws of the State of Queensland and the Buyer and We submit to the non exclusive jurisdiction of the Courts of Queensland 

  1. Warranties for Defective Product

(a) We are a retailer and as such we do not offer any warranties on any Products sold by Us.  Products sold by Us or on Our website are covered by the manufacturer’s applicable  warranty, which is usually only for the original Buyer. You must ensure that You understand  the product warranty from the applicable manufacturer, including any claims process,  limitations, timeframes and deadlines prior to purchasing any Product from Us.  

(b) If there is a potential warranty claim, it is Your sole responsibility to liaise directly with the  applicable manufacturer of the Product. We may elect to assist you with a warranty claim,  however we would not be acting as an agent of You or the manufacturer and would only be  acting as the conduit between You and the manufacturer (or their representative). 

(c) Often only the individual components themselves are covered by the manufacturers’  warranty. The removal, assembly and other installation requirements of any component  replaced under warranty is usually borne by the Buyer. Sometimes, there will be costs  incurred for a warranty claim, including freight costs for the component which will need to  be paid by the Buyer.  

(d) All costs and inconvenience incurred by you for the loss of use of the Product, is not covered  whilst the warranty process takes place. Further, the warranty process duration is often 

dictated by the applicable manufacturer and we provide no guarantees as to the warranty  process timeframe. 

(e) Nothing in these Terms and Conditions excludes the application of statutory warranties or  your rights under consumer law. 

  1. Liability

(a) To the extent permitted by Law We will not be liable for any loss of income, loss of profits,  loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind  howsoever arising and whether caused by tort (including negligence), breach of contract or  otherwise; and our maximum aggregate liability for any Product supplied to You whether in  contract, tort (including negligence) or otherwise shall in no circumstances exceed the  amount payable by You to Us in respect of the Product(s) in question. 

(b) For the avoidance of doubt, nothing in this clause limits or restricts Your ability to make a  claim that may be available to You for Our failure to comply with the Law. 

  1. Use of Products and Disclaimer

The Buyer agrees that the Product must only be used or operated in accordance with all applicable  laws, rules, regulations and manufacturer’s directions, user manuals, recommendations, safety  warnings and requirements applicable to the Product and its use. 

The Buyer hereby acknowledges and agrees that: 

(a) It is their sole responsibility to check with all applicable government authorities the  applicable laws, regulations, rules and requirements associated with the use of the Product  and to ensure that they are complied with in all respects at the Buyer’s sole cost. 

(b) There might be specific laws, regulations, rules and requirements which prevent or restrict  the use of the Product in their local area, and that We make no representations to the Buyer  regarding same. 

(c) The Products are designed for use by a single rider with proper safety equipment.  

(d) We do not make any warranties that the Product can be used for any purpose or by any  specific persons or users.  

(e) All Products are sold on the basis that they are partially assembled, unless provided otherwise  in the Order or Sales Invoice in a state as provided by the manufacturer.  

(f) The Buyer may have to undertake assembly of the Product and that it is recommended that  they engage a suitably qualified mechanic to undertake the assembly to ensure the safety of  the Product. 

(g) The Product sold is intended to be used only on private property and that they are not to be  used on public roads, footpaths or any public park or reserve, unless the operating manual 

for the specific product and the local laws/regulatory requirements applicable to the Product  permit the Product to be used outside of private property.  

(h) The Product can potentially be dangerous and that use of this Product may cause serious  injury or death to any third parties and the person using the Product. 

(i) It must not permit the Product to be used in a manner which is in contravention of applicable  laws, rules, regulations and manufacturer’s directions, user manuals, recommendations,  safety warnings and requirements applicable to the Product. 

(j) The Products sold by Us are not a toy and are intended for experienced adult users over the  age of 18 years or for users under strict adult supervision. If the Product is intended for  persons under the age of 18 years old, the Buyer warrants that it will only be used by such  persons under strict adult supervision and that the Buyer assumes all risks and  responsibilities associated with the use of the Product by any persons under the age of 18  years.  

(k) The Products sold by Us are not suitable for handicapped persons or persons with limited  mental or physical capacities due to the inherent danger of the Products and risks associated  with the use of the Product. 

(l) This Product may cause damage to property, whether it be personal, public or third party  owned.  

(m) It agrees that they are solely liable for any injury, death, damage, cost or loss contributed to  or caused by the use of the Product. 

(n) It assumes and accepts to the maximum extent permitted by applicable Law all the risks  inherent with use of the Product, including without limitation the risk of serious injury,  damage to property of any kind and death, regardless of how such death, injury or damage  was sustained and whether it was caused by or contributed by any malfunction of the  Product.  

(o) It must ensure that appropriate approved safety equipment is used while using the Product  as per the applicable regulations, which must be purchased separately to the Product at the  Buyer’s sole cost. The Buyer acknowledges that safety equipment could include but is not  limited to a various equipment approved in accordance all regulatory requirements  (including with AS/NZ1698 or AS/NZS2063 as may be applicable) including without limitation  the following: 

(i) Helmet; 

(ii) Riding Leathers; 

(iii) Riding Gloves; 

(iv) Knee pads/brace; 

(v) Body Armour;

(vi) Eye Protection; 

(vii) Riding Boots; and 

(viii) Elbow pads/brace. 

(p) The Buyer must ensure that prior to any use by any person that they thoroughly inspect the  Product before every use of the Product to ensure that there are no defects or potential  defects and that if any defects are found that they will have the defects repaired by an  appropriately qualified mechanic prior to any further use. 

(q) We will not be held liable under any circumstance for incidental or consequential loss or  damage or injury, due direct or indirect use of any Product purchased from Us, including any  malfunction or defect.  

  1. Indemnity and Release

(a) The Buyer indemnifies Us and holds Us and Our agents, employees and affiliates harmless  from any and all liability, cost, damage or loss of any kind arising out of or relating to the use  or ownership of any Product purchased from Us.  

(b) The Buyer agrees that they must obtain their own insurance for the Product and the Buyer’s  intended use of the Product.  

(c) The Buyer fully accepts responsibility and forever releases Us for all and any personal injuries,  fatal injuries, any losses, costs, and damages incurred due to any use or operation of the  Product.  

(d) The Buyer is solely responsible when permitting other persons to use the Product purchased  from Us, and assumes all responsibility in event of damages, loss, costs, injuries or fatalities  of any kind.  

(e) Once You submit payment for any Product, this will serve as Your agreement to these Terms  and Conditions and as your release of Us of any and all responsibilities associated with the  use of the Product by any persons.  

  1. Pricing

Prices displayed on our Website are subject to change without notice, until such time as an Order  has been accepted by Us. All prices listed on Our Website exclude delivery costs, which are shown  separately on an Order and will depend on the location of the delivery address for the Product. The  Buyer agrees to pay the delivery costs in addition to the unit price for the Product. 

  1. Product Specifications

Features and specifications of Products described or depicted on the Website are subject to change  without notice. For the avoidance of doubt, we will not materially change the features and  specifications of a Product once an Order has been accepted by Us. 

All weights and dimensions of Products described on Our Website are approximate, based on  information provided from the manufacturer. You are not entitled to a refund or to make any claim 

if there are any differences in the weight and dimensions of a Product once delivered and those  contained on our Website. 

  1. Orders

(a) Orders are placed by following the instructions on our Website.  

(b) By placing an Order, you make an offer to enter into an agreement to purchase the Product(s)  detailed in your Order and for the price and conditions as detailed on Our Website. 

(c) Orders will be deemed to have been received by Us at the time We send an Order  confirmation to You. 

(d) It is Your responsibility to ensure the correct contact details are entered when placing an  Order and that any nominated e-mail address is regularly checked for correspondence. 

(e) We reserve the right to decline your Order and may cancel Your Order at any time prior to  dispatch of the Product(s). 

(f) If an Order is cancelled, funds paid in relation to that Order will be refunded to You in full.  You will be provided with e-mail confirmation of the cancellation and refund. 

(g) We do not accept any responsibility for Orders that are declined, delayed or not accepted  due to disruptions with internet connections, suppliers or any delivery providers. 

(h) Despite Our best efforts, it may be possible that a small number of the Products may be  incorrectly priced on the Website. If We have made a mistake and a Product's correct price  is higher than the price on the Website, We may either contact You before shipping to  request whether You want to buy the Product at the correct price or cancel your Order. If a  Product's correct price is lower than the stated price on the Website, We will charge the  lower amount and send You the Product, or where the higher incorrect price has been  charged, We will refund the price difference and send You the Product. 

  1. Delivery and ownership of the goods

(a) We are not liable for any delay in performing any of Our obligations under these Terms and  Conditions if such delay is caused by circumstances beyond the reasonable control of Us (or  Our affiliates), and We shall be entitled to a reasonable extension of time for the  performance of such delayed obligations.  

(b) You agree that we are not liable for any loss, cost or damage of any kind suffered by anyone  because of any delays in the Product being delivered.  

(c) If delivery of an Order is delayed due to no fault of the Buyer for longer than three (3) weeks,  the Buyer is permitted to cancel their Order and receive a refund in accordance with any  applicable Refunds Policy at any time prior to dispatch of the Product(s). 

(d) If You provide an incorrect or incomplete delivery address for Your Order, or you are not at  the delivery address at the time of arrival by our delivery agent, We may charge a redelivery 

fee for each subsequent delivery attempt and withhold the Product until such time as all  redelivery fees are paid in full. We also reserve Our rights to cancel an Order and refund you  the purchase price less any delivery fees, redelivery fees and a restocking fee of 20% of the  purchase price of the Product. 

(e) We reserve our rights to deliver Products on a single Order at different times, there is no  guarantee that all Products on an Order will arrive simultaneously due to stock availability,  delivery timeframes and other issues beyond Our control. 

(f) We do not warrant that Product(s) will be delivered by a certain date, and any timeframe  indicated on Our Website is purely for information purposes and subject to change.  

(g) We will not deliver Products to PO Box addresses. 

(h) Where a Buyer provides written authority for Products to be delivered without a signature,  any and all included insurance cover will be voided. 

(i) The couriers or postal services nominated by Us will generally deliver Products during local  business hours (9am to 5pm, Monday to Friday) and you acknowledge that we are not  obligated to deliver outside of these hours. 

(j) Subject to clause 8(d), title and risk in the Product(s) pass to You at the point of dispatch or  embarkation by Us to the chosen courier. 

(k) We are not responsible for the delivery times of Products. Once Products have been  dispatched, it is Your responsibility to liaise with the courier nominated by Us (as notified to  You) in relation to date and time of delivery. We shall not be liable for any inaccuracy of  information provided to You relating to the date and time of delivery. 

(l) We reserve the right to not ship to any address. 

  1. Refunds and returns

(a) Nothing in these Terms and Conditions excludes, restricts or modifies the consumer  guarantees provided for by statute including under the Australian Consumer Law. When  making any application for a refund or return under the Australian Consumer Law, you must  comply with Our returns policy and all directions from Our staff. 

(b) We reserve Our rights not to accept the return of any Products unless they are returned in  their original packaging with all accessories and in a re-saleable condition. For the avoidance  of doubt, nothing in this clause limits or restricts Your ability to make a claim that may be  available to You for Our failure to comply with the Australian Consumer Law. If you are  returning a Product due to a fault or defect under the Australian Consumer Law, you may be  able to return the Product without its original packaging. 

(c) It is Your responsibility to ensure that returned items are returned safely to Us or as directed  by Us at Your sole cost and risk. We take no responsibility for Products lost in transit.

  1. Website Disclaimer

(a) Our Website may contain links to external websites, of which we provide no warranty on the  safety or integrity of. You acknowledge that We are not responsible for the content or privacy  practices associated with linked websites, or any potential malicious code, viruses or other  potential risks associated with accessing other websites. 

(b) You must take Your own precautions to ensure that Your access to our Website and other  websites does not expose You to risk of malicious code, viruses or other potential risks  associated with the use of the computer systems. We take no responsibility for any such  damage which may arise in connection with Your use of the Website. 

(c) You must ensure that your access to, or use of our Website is not illegal or prohibited by laws  which apply to You. 

  1. Privacy

(a) By placing your Order, using our Website or otherwise contacting Us, you agree that We may  store, process and use data collected from your Order, or conversations or correspondence  with You or your use of Our Website for the purposes of processing your Order.  

(b) By placing your Order or otherwise contacting Us, you also agree that we may use such data,  other than credit card details, to provide you with information from time to time on other  products that may be of interest to you.  

(c) You may obtain a copy of the data held by us concerning you on request in writing. We  reserve the right to charge an administration fee for processing such request. If any data held  by us concerning you is incorrect, we will correct it on your written request. Please refer to  our separate Privacy Policy for more information.  

  1. Miscellaneous

(a) We reserve the right to make changes to Our Website and these Terms and Conditions  without notice. For the avoidance of doubt, any such changes will operate prospectively from  the time that the revised Terms and Conditions are published on the website and will not  impact any Orders made prior to the date of the publication of the revised Terms and  Conditions. 

(b) Any provision of these Terms and Conditions which is void or unenforceable may be severed  from these Terms and Conditions without affecting the enforceability of other provisions. 

(c) A failure or delay by Us to exercise a power or right under these Terms and Conditions does  not operate as a waiver of that power or right, and the exercise of a power or right by Us  does not preclude its future ability to exercise that or any other power or right. 

(d) None of Our employees or agents have the authority to vary any of the Terms and Conditions  governing any sale of a Product.