1. Definitions

• “Agreement” refers to these Terms and Conditions, as may be amended by the Seller from time to time.
• “Credit Provider” (if applicable) means the Seller.
• “Customer” refers to the customer specified in the Invoice and, if applicable, any person, body corporate, trust, or other legal entity applying for credit.
• “Goods” means all Goods ordered and/or all services supplied by the Seller, as requested by the Customer.
• “Guarantor” refers to the guarantor/s named in the Related Agreement.
• “Related Agreement” refers to the terms and conditions of credit and security agreements, if applicable.
• “Seller” refers to Echowest Pty Ltd atf The Allan Family Trust trading as Bunbury 4x4 and Busselton 4x4, its successors, and assignees.

References:

• One gender includes the others;
• The singular includes the plural and vice versa;
• A person includes a body corporate, association, or other entity and vice versa;
• A party includes its executors, administrators, successors, and permitted assigns;
• An Act includes amendments, consolidations, or replacements of that Act, along with any regulations and statutory instruments issued under it;
• Any reference to sections or provisions includes amendments, consolidations, or replacements;
• “Includes” and similar expressions are not words of limitation;
• Amounts are in Australian dollars;
• All dates and times refer to Perth Western Standard Time.

2. Acceptance

By placing an order or accepting Goods from the Seller, the Customer agrees to be bound by this Agreement and, where applicable, the Related Agreement. This Agreement supersedes any prior agreements unless otherwise specified. The Customer and/or Guarantor have had the opportunity to seek independent legal advice (or waived the right to do so) before entering this Agreement.

3. Quotes and Orders

• Any quote from the Seller is not an offer or obligation to sell.
• The Seller may accept or reject any order at its discretion.
• The Customer is not entitled to cancel or refuse delivery of Goods once an order is accepted by the Seller.
• Errors or omissions in any quote are not the responsibility of the Seller.
• Special orders (non-stock items, custom-made products, color-coded items) must be paid for in full before the Seller places an order with its supplier. Once payment is made and the order is processed, the items are non-returnable.

4. Price

The price for Goods is the price specified by the Seller or as otherwise agreed. Prices are in Australian dollars and exclude delivery costs, taxes, and duties, unless otherwise stated. Prices may change without notice, except where an order has already been accepted by the Seller.

5. Payment

The Customer must pay for Goods at the time of ordering unless otherwise agreed in writing. Unless stated, all prices include GST. Payment is only considered received by the Seller when cleared funds have been deposited into the Seller’s nominated account.

6. Quotation of Orders

• Quotes are valid for thirty (30) days unless otherwise stated by the Seller.

7. Retention of Title

• The Seller retains ownership of all Goods supplied until full payment is received.
• If the Customer has possession of the Goods and has not paid in full, the Customer is deemed to be holding the Goods on trust for the Seller and must account for all proceeds of sale to the Seller.
• The Seller may reclaim unpaid Goods from the Customer by entering their premises to repossess and sell them.

8. Risk

• Risk in the Goods passes to the Customer upon delivery.
• The Customer must inspect Goods upon delivery and notify the Seller of any issues within 7 days. Failure to do so means the Goods are deemed accepted.
• The Seller is entitled to any insurance proceeds if Goods are damaged or destroyed before title passes to the Customer.

9. Cancellation and Limitation of Liability

• The Seller may cancel delivery before goods are delivered without liability.
• The Seller’s liability for any Goods issues is limited to replacing the Goods or refunding the price paid by the Customer.
• The Seller is not responsible for any indirect or consequential loss or damage.

10. Delivery

• Delivery occurs when the Goods are delivered to the Customer’s nominated address or collected by the Customer.
• The Customer is responsible for delivery costs if not included in the quoted price or if a different delivery method is requested.
• The Seller may deliver Goods in instalments.

11. Return of Goods

• Goods may be returned for credit within 7 days of the invoice date if undamaged and in original condition. A 15% handling fee applies.
• Special orders and electrical components are non-returnable.
• No credit will be given if the Customer changes their mind or fails to follow the return process.

12. General Warranties

• The Seller warrants that Goods are free from defects and will repair or replace defective Goods within 90 days of the invoice date.
• The Seller is not responsible for consequential damages, and no warranty is provided beyond what is expressly stated.

IRONMAN 4X4 WARRANTY STATEMENT

Ironman 4×4 warrants the original buyer, only when purchased new via authorised Ironman 4×4 resellers and distributors, from date of retail sale and cannot be transferred. Product is warranted against defects in material or workmanship that cause the product to perform below the specified limits set by Ironman 4×4, to the extent that Ironman 4×4 will repair or replace any parts which are found to be defective.

It is at the discretion of Ironman 4×4 if a repair will be made or a replacement issued once the product has been inspected by an Ironman 4×4 representative and deemed to be a genuine warrantable claim. All warranty claims must be submitted via original purchasing store or chain, unless otherwise arranged. Proof of original purchase must be presented upon request.

PLEASE NOTE

1. Products may be required to be returned to Ironman 4×4 for assessment or repair. Ironman 4×4 is not responsible for postage or removal costs involved, but assistance may be considered at the discretion of Ironman 4×4 in the event of such a claim being verified.
2. The warranty does NOT apply where;
   1. Acts of neglect or misuse are evident,
   2. Product has been modified,
   3. Vehicles which are modified or not the recommended vehicle of use,
   4. Used in racing or competition conditions without the prior consent of Ironman 4×4,
   5. Used beyond the expectations of the original vehicle manufacturer.
3. Before installation of any product, please ensure you have received the correct parts for your application. Ordering of the correct parts is the responsibility of the buyer. Return of a product in an unused condition will attract a 15% restock fee, where Ironman 4×4 is not at fault.
4. Return of used or soiled product,
   1. Outside warranty period,
   2. Without fault, will result in refusal of your claim and be returned at buyer’s expense. Damage to products through fitment error is not covered under warranty.
5. Our goods come with statutory guarantees that cannot be excluded under Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage contingent on that failure. You are also entitled to have the goods repaired or replaced if they fail to be of acceptable quality even if the failure does not amount to a major failure.

FREIGHT CONDITIONS:

Freight of all products is the buyer’s responsibility. Where Ironman 4×4 have arranged freight, costs involved will be invoiced to the buyer. Ironman 4×4 is not responsible for damage or loss during freight.

FITTING:

All prices listed may be subject to fitting costs. The price of fitting is determined by the individual fitting agent.

Pricing subject to change without notice.

For further information please contact us on 1300 731 137 or email info@ironman4x4.com.

ACCESSORIES

Fitment should be performed by an authorised or licensed mechanic, competent with 4×4 accessory installations. Special tools may be required when fitting some parts. Damage to products through fitment error is not covered under warranty. Warranty may become void when product is installed in conjunction with anything other than genuine manufacturer or Ironman 4×4 components.

Product Group Warranty Periods

* Excludes third-party colour coding

SUSPENSION:

All suspension products must undergo a safety check at 500km after fitment. Fitment should be performed by an authorised or licensed mechanic, competent with suspension installations. Special tools may be required when fitting some parts including struts. Damage to products through fitment error is not covered under warranty. Warranty may become void when product is installed in conjunction with anything other than genuine manufacturer or Ironman 4×4 components.

Where required, Ironman 4×4 recommend wheel alignment after fitment of any new suspension component. Obtaining wheel alignments is the responsibility of the buyer.

ALU-CAB WARRANTY STATEMENT

Ironman 4×4 is the national distributor of Alu-Cab products in Australia. Ironman 4×4 will warrant the original buyer of Alu-Cab products in Australia, in line with the Alu-Cab warranty guidelines.

Ironman 4×4 warrants the original buyer, only when purchased new via authorised Alu-Cab resellers and distributors, from date of retail sale and cannot be transferred. Product is warranted against defects in material or workmanship that cause the product to perform below the specified limits set by Alu-Cab, to the extent that Ironman 4×4 will repair or replace any parts which are found to be defective as advised by Alu-Cab.

3 YEAR WARRANTY

• Structural Components (frames, panels, etc.)

1 YEAR WARRANTY

• Moving Parts (hinges, shocks, sliders, etc.)

1. It is at the discretion of Ironman 4×4, via Alu-Cab, if a repair will be made or a replacement issued once the product has been inspected by an Ironman 4×4 representative and deemed to be a genuine warrantable claim. All warranty claims must be submitted via original purchasing store or chain, unless otherwise arranged. Proof of original purchase must be presented upon request.
2. Products may be required to be returned to Ironman 4×4 for assessment or repair. Ironman 4×4 is not responsible for postage or removal costs involved, but assistance may be considered at the discretion of Ironman 4×4 in the event of such a claim being verified.
3. The warranty does NOT apply where,
   1. Acts of neglect or misuse are evident,
   2. Product has been modified,
   3. Vehicles which are modified or not the recommended vehicle of use,
   4. Used in racing or competition conditions without the prior consent of Ironman 4×4,
   5. Used beyond the expectations of the original vehicle manufacturer.
4. Before installation of any product, please ensure you have received the correct parts for your application. Ordering of the correct parts is the responsibility of the buyer. Return of a product in an unused condition will attract a 15% restock fee, where Ironman 4×4 is not at fault.
5. Return of used or soiled product,
   1. Outside warranty period,
   2. Without fault, will result in refusal of your claim and be returned at buyer’s expense. Damage to products through fitment error is not covered under warranty.
6. Our goods come with statutory guarantees that cannot be excluded under Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage contingent on that failure. You are also entitled to have the goods repaired or replaced if they fail to be of acceptable quality even if the failure does not amount to a major failure.

13. Vehicle Modifications

• Modifications may affect the vehicle’s legality for road use. The Customer is responsible for ensuring compliance with relevant transport authorities.
• A 20% deposit is required before commencing modifications. Reinstatement of the vehicle may void warranties.

14. Voiding of Warranties

• Warranties may be voided if the Goods are incorrectly installed, altered, or misused.

15. Estimates of Time

• Any estimated timeframes for delivery are not binding. The Seller is not liable for delays.

16. Force Majeure

• The Seller is excused from performance if prevented by a force majeure event, including natural disasters, strikes, or pandemics.

17. Breach by Customer

• If the Customer breaches this Agreement or fails to comply, the Seller may terminate agreements, suspend deliveries, or make all amounts due immediately payable.

18. Waiver

• A delay or failure to enforce rights under this Agreement does not waive any rights.

19. Severability

• If any part of this Agreement is unenforceable, the rest remains in force.

20. Governing Law

• This Agreement is governed by the laws of Western Australia and the parties submit to the jurisdiction of its courts.

21. Consumer Law

• The Seller’s obligations are governed by Australian Consumer Law, including the right to a replacement or refund for major problems.

22. Services at Seller's Premises

• If the Customer fails to collect their vehicle, the Seller may charge storage fees and may dispose of the vehicle after written notice.
• The Seller may remove and dispose of parts from the vehicle unless the Customer requests to retain them.