Electric Surf Company - Purchase Agreement
Order means the order for specific Products you place with us, including any changes that are subsequently agreed by the parties. If you are purchasing through the Website, your Order will be displayed to you in the checkout of the Website. If you are purchasing directly with one of our sales representatives, your Order will be as set out in an order confirmation provided to you. If any changes to your Order are agreed, you will be provided with an updated order confirmation reflecting those changes.
Product or Products means any products available for sale by us, as displayed on our Website from time to time.
Purchase Agreement means this agreement.
Purchase Price means the price payable for any Products under the Order.
We or us means Electric Surf Company Pty Ltd (ACN 647 908 218). Our has a corresponding meaning.
Website means www.esurfco.com.au
This Purchase Agreement, and the documents incorporated by reference in this Purchase Agreement, set out the entirety of the terms of your purchase of Products from us. By placing an Order with us in any way and paying the Purchase Price, you are taken to have agreed to the terms of this Purchase Agreement.
- Your Purchase
You agree to purchase, and we agree to sell to you, the Products detailed in the Order on the terms and conditions of this Purchase Agreement and the documents incorporated by reference in this Purchase Agreement.
- Your Order
The Products ordered by you will be prepared to any specifications detailed in the Order. However, from time to time, certain Products will not be available or may not be available for a certain period of time. If this is the case, we will contact you to confirm available alternatives.
If you select any alternative Products because the original Products ordered by you are unavailable at the time of placing your Order with us, we will endeavour to provide these alternative Products without delays to your original shipping estimate. However, this may not always be possible depending on the Products selected by you and the availability of our logistics partners.
You may also contact us to request a change to your Order prior to shipment. It is at our full discretion whether we allow changes once you have submitted the Order to us. If we accept any changes, this may result in delays in the shipping and handling of the relevant Products.
You will be required to pay any shortfall between the original Purchase Price and the Purchase Price of any alternative Products selected by you. You will be provided with a partial refund if the Purchase Price of the alternative Products is lower than the original Purchase Price.
If any alternative Products are selected by you, our supply to you of those Products will be governed by this Purchase Agreement.
- Payment and Cancellation
The Purchase Price payable will be specified on your Order, including as updated. The Purchase Price will include shipping costs and any GST applicable.
Once you have paid the Purchase Price and submitted your Order, you will not be able to cancel your order.
- Shipping, import duties and other costs
Products ordered by you will be delivered to the address contained in your Order.
The Purchase Price includes the costs of shipping.
Please note that we may not be able to guarantee shipping to all locations and will contact you where necessary to discuss shipping options with you.
- Shipping Date
Once you have submitted your Order, we will contact you with an estimated shipping date. Any shipment or delivery times given to or discussed with you are estimates only and are not binding on us. We work closely with our logistics partners to ensure clarity regarding shipping times but make no guarantees as to any shipment or delivery times.
All shipment and delivery times are subject to change and the availability and service of our logistics partners. All shipment and deliver estimates may also be negatively impacted by unforeseen action or circumstance beyond our control (otherwise known as ‘Force Majeure’ events).
Further information can be found in our shipping policy.
Subject to our consumer guarantee obligations, as set out in Clause 10 of this Purchase Agreement, all sales will be final, and no returns or refunds will be accepted.
- Liability and Warranty
Your purchase with us will be governed by the terms of our warranty, as annexed to this Purchase Agreement.
- Consumer guarantees
In Australia, our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Only to the extent that item 9 above cannot limit our liability and to the extent permitted by law, our liability for a breach of a condition or warranty implied by Part 3-2 Division 1 of the Australian Consumer Law is limited to:
(a) in the case of goods, any one or more of:
(1) the replacement of the goods or the supply of equivalent goods;
(2) the repair of the goods;
(3) the payment of the cost of replacing the goods or of acquiring equivalent goods; and
(4) the payment of the cost of having the goods repaired; or
(b) in the case of services:
(1) the supplying of the services again; or
(2) the payment of the cost of having the services supplied again.
- Title and risk
Risk and title in the Products purchased by you will pass to you once the Products have been delivered to you.
- User guide and representations
You will be provided with a user guide and other instruction material, including (where relevant) links to online materials, when you receive your Products, and from time to time as provided to you as we update or refine our materials. These materials contain instructions for safety, operation and maintenance of the Products. You acknowledge that it is essential to read and follow all of the instructions and warnings in these materials prior to assembly, setup or use, in order to operate the Products correctly and avoid damage, serious injury or death. If you cannot read these materials, or do not understand them, you must contact us for additional information or assistance, before assembling, setting up or using the Products.
You agree that other than what we have told you in writing about the Products, or what is contained in any other agreement between you and us or otherwise contained on the Website, you must not make any representations or statements about the Products to any third party. You indemnify us against any third party claims in respect of any representations or statements that you make beyond those contained in the material referred to in this paragraph.
- Registrations and other authorisations
It may be that in the jurisdiction (including state, territory or local council) you wish to own or operate the Products, certain registrations, licenses and other authorisations are required.
We make no representation as to whether any use of the Products requires any such authorisation, and you should consult all applicable local laws prior to using the Products.
If GST is payable in relation to a supply made under or in connection with this Purchase Agreement then:
(a) you must pay an additional amount to us equal to the amount of that GST at the same times as other consideration is to be provided for that supply; and
(b) our right to payment under this clause is subject to a valid tax invoice being delivered to you.
You agree that we may contact you about your Order, offers and new products. You can ask us not to contact you, either unsubscribing via a link in our communications, or by contacting us.
- Safety Waiver
Use of the Products may carry some risk, including risk of injury or death to you or any person who uses the Products.
We take every precaution to ensure that the Products are as safe as possible, and that at all times clear, up-to-date instructions for use and care of the Products are provided to our users. Using the Products at all times in conformity with all instructions, manuals, user guides, and other materials will significantly reduce the risk of harm to you and any person using the Products with you. We encourage you to familiarise yourself with all instruction and safety materials.
You acknowledge and agree that you use the Products freely, voluntarily and absolutely at your own risk and with a full appreciation of the nature and extent of all risks involved in using the Products.
You further acknowledge and agree that due to the nature of the activities associated with the Products, it would be unreasonable for us to be in any way responsible for any injury to you or any person that uses the Products, including the death of you or any person that uses the Products. To the full extent permitted by law, you waive all of your legal rights of action against and fully release us for any loss, damage, injury or death arising out of or in relation to your use of the Products, or use of the Products by any other person. This waiver includes (without limitation) any right you or any other person might derive from our liability for any negligent or tortious act or omission, our breach of duty, or breach of contract or breach of statutory duty by us, our directors, employees or agents.
This waiver is binding on you, and your executors, your legal personal representative and your estate, and we will rely on this waiver.
- No exclusions
For the avoidance of doubt, nothing in this Purchase Agreement excludes, restricts or modifies or has the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by any applicable local law that, by law, cannot be excluded, restricted or modified.
- Place of contract
This Purchase agreement shall be governed by and construed in accordance with the laws of the State of South Australia, Australia. The parties submit to the non-exclusive jurisdiction of the courts and tribunals of the governing law jurisdiction.
If at any time any provision of this Purchase Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that will not affect or impair:
- a) the legality, validity or enforceability in that jurisdiction of any other provision of this Purchase Agreement; or
- b) the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of this Purchase Agreement.
Electric Surf Company Warranty
This Warranty is effective from 1 July 2021
What this Warranty covers
This Warranty applies to all Electric Surf Company products sold by Electric Surf Company Pty Ltd and any authorised reseller of any of that entity (collectively referred to as ‘Electric Surf Company’ in this Warranty).
Electric Surf Company is proud to warrant that its products will be free of defects arising from faulty materials or workmanship in the normal use of the product for the Warranty period set out below.
This means that, should you have any issue with your products, you can return these to us and be sure that you will be back on the water as soon as possible.
How long this Warranty lasts
Your Warranty lasts for 2 years from the date your product(s) are shipped to you (‘Purchase Date’).
Who can make a Warranty claim
You can only make a Warranty claim if you are the original owner of the product. That means you are the original owner and purchased directly from us.
Please keep the invoice for your purchase for reference.
How we will honour your Warranty
If you think you have a Warranty claim, please contact us using the details below. We will step you through the process of determining whether you have a valid Warranty claim. This will usually involve working with you via photographs and videos to assess the nature and extent of the issue.
All Warranty determinations will be made by us in accordance with this Warranty and will be final.
When a Warranty claim is valid, and none of the exclusions below apply and it is not otherwise covered by a local law (see below), Electric Surf Company will take one of the following actions, at our discretion:
- supply you with a replacement product (in the case of a part, a replacement of the relevant part which is defective) free of charge in the same quantity as was initially purchased;
- repair the defective product; or
- pay for the cost of repairing the product or supplying the replacement product.
If you have a valid Warranty claim, Electric Surf Company will pay for any associated shipping costs, which may be costs associated with sending the product to an authorised repairer or Electric Surf Company.
If we receive a product submitted to us under a warranty claim and we determine, upon inspection, that it is not a valid warranty claim, we may require that you pay for the costs of shipping the product both to us and return to you, before we return the product to you. We may also advise you of any service charges if we determine a service is recommended for the product, but will not conduct any service work until you have approved our doing so.
What this Warranty does not cover
This Warranty does not cover:
- damage caused by vandalism, maltreatment, interference and neglect from the Purchase Date;
- damage resulting from use that does not follow the care and maintenance conditions provided by Electric Surf Company;
- damage resulting from maintenance that is not in accordance or compliance with the Electric Surf Company maintenance procedure;
- damage caused by the use of accessories that are not manufactured or otherwise approved by Electric Surf Company;
- a product in which the seal of any kind is broken;
- damage resulting from use of the product for which it is not designed;
- a product that has been modified or repaired by someone other than by Electric Surf Company or a person authorised by Electric Surf Company to do so;
- personal injury, death, property damage or economic loss, however caused;
- Warranty claims made outside two (2) months from when you became aware of the defect or material damage or from when a reasonable person should have become aware of the defect or material damage;
- damage caused by or resulting from normal wear and tear, negligent use, wilful misconduct or malicious or improper use, including but not limited to errors or omissions made by you or another person using the product, use in unsafe locations, and/or use in unsafe conditions, such as inclement weather or otherwise not in accordance with the product manual(s) and/or instructions provided with the product.
Electric Surf Company reserves the right to alter its product specifications, manuals and/or instructions and introduce improvements at any time.
Local laws may have different requirements
Nothing in this Warranty excludes or restricts statutory guarantees that cannot be excluded under local laws. This Warranty should be read subject to the provisions of all relevant local laws, and, where required, Electric Surf Company will honour its obligations under those laws.
This Warranty is additional to any applicable statutory guarantees.
How to contact us for warranty service
Warranty service is available by contacting Electric Surf Company on the details below.
Head Office: Electric Surf Company Pty Ltd (ACN 647 908 218)
Address: 256 Rundle Street, Adelaide 5000
Phone: +61 8 71601176
Electric Surf Company will require the following documentation to verify and support your Warranty:
- the receipt of purchase or the delivery receipt;
- the invoice number of the purchase;
- the Customer’s name and address;
- a description of the defect to the product;
- any further information reasonably requested by Electric Surf Company to verify and support the Warranty claim.
Electric Surf Company reserves the right to charge the person claiming the warranty for the reasonable delivery costs to supply the replacement product if Electric Surf Company accepts their Warranty claim. If a Warranty claim is not accepted, the person making the Warranty claim will have to collect, or arrange for an authorised third party to collect, the product or have the product otherwise returned at their own cost.