TERMS OF SALE OF CLEARANCE PRODUCTS AT THE GARAGE SALE (16 and 17 May 2025)
This is a binding contract. Please read it carefully. Sale of Products at the Garage Sale are subject to these Terms. By proceeding with the purchase, you confirm acceptance of the Terms set out below.
1. These terms of sale apply to all purchases of “Rhino-Rack” branded products (“Products”) at the clearance sale conducted at Rhino-Rack’s premises at 22 Hanson Place, Eastern Creek NSW 2766 on 16 and 17 May 2025 (“Garage Sale”). By proceeding with the purchase, the customer acknowledges that it has read and agrees to be bound by these terms.
2. The Products are sold subject to these terms to the exclusion of any other terms and conditions. No amendments to these terms are binding unless approved in writing by Rhino-Rack.
3. The customer warrants that the Product is purchased for personal use and not in the course of a business (such as for the purpose of resupply of the Product to third parties).
4. All purchases at the Show are final, subject to the warranty terms set out below. Rhino-Rack does not accept returns of Products for change of mind or incorrect purchase.
5. Certain Products offered at the Garage Sale are used and/or demo Products and/or damaged Products and/or end-of-life Products. Such Products are sold as they are, are excluded from the application of the warranty terms stated below and cannot be returned.
6. Before proceeding with the purchase, the customer must satisfy itself as to:
(1) identification, content, quantity and price of each Product to be purchased; and
(2) condition and quality of the Products in case the Products which the customer wishes to purchase are used and/or demo Products and/or damaged Products and/or end-of-life Products. The customer acknowledges that the customer has examined the Product and has satisfied itself as to the condition of the Product, including any damage, visible marks and/or wear and tear of the Product.
7. The customer warrants and acknowledges that the purchase is correct, accurate and complete.
8. All prices are stated exclusive of any applicable duties, charges, levies, fees and taxes (including the GST), unless stated otherwise.
9. Upon sale of the Products and receipt of payment from the customer, Rhino-Rack will issue a receipt for the Products purchased. Title to and risk in the Products passes to the customer upon payment for the Products.
10. The customer must comply with any Product manual, specification or instruction when using, installing and handling the Product.
11. The customer shall keep records of each purchase, showing the date of purchase or supply and the quantity received or supplied.
12. Nothing in these terms shall be interpreted as an attempt to modify, limit or exclude terms or warranties which are imposed by statute (including but not limited to the Competition and Consumer Act 2010 (Cth)) and which cannot be modified, limited or excluded.
13. Other than as specifically set out in these terms, and to the extent permissible by law, all representations and warranties implied by statute or law are excluded.
14. Rhino-Rack warrants that the Products are of merchantable quality and free from defects. The Products are supplied subject to the warranty terms available at https://www.rhinorack.com/en-au/warranty-terms . Any claims relating to the quality of a Product must be made within the warranty period applicable to that Product. Proof of purchase must be presented when a warranty claim is made.
15. The customer can only return the Product if Rhino-Rack accepts that the Product is defective. The customer shall contact customerservice@rhinorack.com.au if the customer considers the Product to be defective. The customer shall not return any Product to Rhino-Rack unless Rhino-Rack confirms acceptance of a request for such return in writing and provides a return note and any specific instructions for return of the Product.
16. If Rhino-Rack establishes that the Product is defective, Rhino-Rack will provide an instruction on the return of the Product. A refund or replacement will be issued when the Product is returned to Rhino-Rack and Rhino-Rack satisfies itself that the Product is defective.
17. In the event the customer returns a non-defective Product, Rhino-Rack reserves the right not to refund the amount of the purchase.
18. To the extent permitted by law, the liability of Rhino-Rack for breach of these terms, for negligence or other tort and for breach of statutory duty, implied term or warranty about the Products sold, shall be limited, at the option of Rhino-Rack, to:
(a) the replacement of the Products;
(b) the repair of the Products;
(c) the payment of the cost of replacing the Products; or
(d) the payment of the cost of having the Products repaired.
19. The limitations and exclusions of liability set out hereto also apply to loss incurred in respect of personal injury and loss arising from wilful acts and omissions.
20. If any provision of these terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and the remainder of the provisions in question will not be affected.
21. The customer acknowledges and agrees that it has read and consents to Rhino-Rack’s privacy policy available at https://www.rhinorack.com/en-au/privacy-policy