In these Terms and Conditions of Sale ("Conditions of Sale"), "we" or "us" means Generator Warehouse and "you" or "your" means the person, organisation or entity that is using our website.

1. Order

You may place an order with us over the telephone or by completing and submitting to us an online order form on our website. We may at our discretion accept or reject an order depending on a variety of factors, such as availability of the ordered products or our ability to validate authenticity of payment for the products. You must not order products or services from us if you are under eighteen (18) years of age. We may, at our discretion, treat any order by a person under eighteen (18) years old as void.

Please choose your products carefully. Prices can change and so you should check the latest price on our website or confirm the price with our team on the phone before placing your order. It is your responsibility to check the order (including all pricing and product information) before you complete the online checkout process or before you place your telephone order.

2. Availability

We do our best to keep in stock most products that are advertised by us. All stock availability as represented on our website or by our Customer Service Team is accurate in accordance with our current stock levels with each supplier, however, these stock levels are subject to change without notice.

If for any reason, we cannot supply a product you have ordered, we will let you know over the phone or contact you using the details provided by you at the checkout process to amend, cancel or put your order on backorder as agreed with you. If you choose to put your order on backorder, we will contact you to arrange for delivery once the product is available.

3. Payment & Price

The price payable for a product is the one set out on our website or advised by us over the phone at the time you place your order. All prices are inclusive of GST. Subject to clause 4, we make every effort to ensure prices and product information on our website, catalogues or advertisements are correct and up-to-date. Prices for our products displayed on third party websites may not be correct and we are not bound by them.

We accept payment by American Express, VISA, MasterCard.

Your credit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Whilst we employ the latest technology and use Shopify's E-commerce secure payment gateway, we will not be responsible for any loss or damage (whether direct or indirect) suffered by you if your credit card is fraudulently used or is used in an unauthorised manner by a third party.

We reserve the right, at our discretion, to use strong customer authentication techniques to authenticate any online card transaction.

If you would like to redeem a gift voucher for payment or partial payment of your ordered products, you must enter the gift voucher details during the checkout process or inform our sales or Customer Service Team when placing your phone order. Products purchased with a gift voucher cannot be returned in exchange for cash. Use of a gift voucher is subject to our Gift Voucher Terms and Conditions.

If you have a promotional/discount/coupon code, you will be prompted to enter the code at the checkout and this will generate a discount from your cart value or add an incentive. To activate, simply enter a valid code then click the "Apply" button. All promotional codes have a unique set of terms and conditions automatically applied when issued and are only valid at our discretion. Promotional codes cannot be used in conjunction with any other offer or discount. If you are unable to use a promotional code, please contact our Customer Service Team.

Your tax invoice will be sent to you when the items you have ordered are delivered. Your tax invoice is your proof of purchase and may be required for any warranty claims.

4. Warranties and Limitation of Liabilities

Nothing in these Conditions of Sale limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law ("ACL") (or any liability under them) which by law may not be limited or excluded.

Your product may come with a manufacturer's warranty. The manufacturer's warranty is in addition to but may overlap with any rights and remedies you may have under applicable law, including any Consumer Guarantees. If you are not considered a "consumer" within the meaning of the ACL, the manufacturer's warranty may be your sole remedy. However, you should check the manufacturers warranty carefully as many manufacturers' warranties will not apply in a business or commercial setting. If you would like to make a claim under the manufacturer's warranty, please contact our Customer Service Team.

Subject to this clause 9, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Conditions of Sale are excluded;

(b) we will not be liable for any normal wear and tear, special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, damage to goodwill, loss of data (including loss of data stored on any media contained within electronic or computing products), arising out of or in connection with the products, the services or these Conditions of Sale (including as a result of not being able to use the products or services or the late supply of products or services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise; and

(c) our total liability arising out of or in connection with the products, the services or these Conditions of Sale, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products and services under these Conditions of Sale.

Where by law we are unable to exclude terms, guarantees, warranties, representations or conditions but are able to limit them, to the extent permissible by law we limit our liability for any breach, at our option, to the repair or replacement of products, or payment of the cost of repairing or replacing the products or in the case of services, to supplying the services again or the cost of having the services supplied again.

To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance or offer, invoice or other documents or information issued by us will be subject to correction without any liability on our part.

5. Force Majeure

We will not be liable for any delay or failure to perform our obligations under these Conditions of Sale if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 3 months, we may terminate our agreement with you by giving you 5 business days' written notice.

6. Links Disclaimer

Our website contains links which are for your convenience only. Links on our website do not constitute endorsement, approval or sponsorship of the linked website. We have no control over the information linked from our website therefore please use these links at your own risk with this in mind.

7. Copyright

All items on this site, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and software, is the property of Generator Warehouse or used under licence. You are authorised to download a copy of this material for your own personal and non-commercial use. 

If you have any concerns that we are using copyright material without authority, please visit our Contact Us page.

8. General

These Conditions of Sale form the entire agreement between you and us and, unless expressly agreed to in writing by us no terms or conditions of yours, including any Terms or Conditions printed or referred to in your offer to purchase or order (if any) will be binding on us or have any legal effect.

We may change any provision in these Conditions of Sale without notice so we advise that, even if you are a frequent purchaser from us, you check these Conditions of Sale whenever you want to purchase products from us. Any change of these Conditions of Sale will only apply to future orders. None of our agents or employees or any third parties have any authority to change these Conditions of Sale.

We reserve the right to refuse supply of the products or services ordered by you, terminate our contract with you or terminate your account with us, and to remove or edit content on our website at our sole discretion and without incurring any liability to you.

You must not assign any rights and obligations under these Conditions of Sale whether in whole or in part without our prior written consent.

Any notice in connection with these Conditions of Sale will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.

If any provision of these Conditions of Sale is invalid, illegal or unenforceable, these Conditions of Sale take effect (where possible) as if they did not include that provision.

Please refer to our Privacy Policy to see how we collect, use and protect your personal information.

Any failure by a party to insist upon strict performance by the other of any provision in these Conditions of Sale will not be taken to be a waiver of any existing or future rights in relation to the provision.

These Conditions of Sale are governed by the laws of New South Wales, Australia. The parties each agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

 

If you have any further questions, please contact our customer service team who will be more than happy to help. They are available via live chat, email and phone.