Terms of service
Tuhorse Australia Terms & Conditions of Sale
INTRODUCTION
1. APPLICATION
1.1 These Terms and Conditions of Sale and Delivery of Products and Services (“Terms and Conditions”) apply to the delivery by Tuhorse Pty Ltd (“Tuhorse”) of Products, Services, and Products in connection with Services via www.tuhorse.com.au or otherwise to Customer. Customers placing orders for Products and/or Services via this website or otherwise acknowledge and agree that they have read and agree in full to these Terms and Conditions.
1.2 Tuhorse may change or amend these Terms and Conditions from time to time without prior notice to Customer. Customer must read and understand the version of Terms and Conditions current at the date of placing an order. Any promotions offered by Tuhorse to the Customer are subject to these Terms and Conditions.
1.3 Tuhorse’s acknowledgement of an order or its failure to object to conflicting, different, or additional terms and conditions in an order shall not be deemed an acceptance of such terms and conditions or a waiver of the provisions.
1.4 If Tuhorse and Customer have entered into a separate written agreement (Agreement), the terms of that Agreement shall apply. These Terms and Conditions shall, however, apply to matters not addressed in the aforementioned Agreement. If Customer seeks to amend these Terms and Conditions, it has to provide its proposed comments or changes to Tuhorse within 5 business days after receiving an order confirmation. For any changes to become effective they must be accepted by Tuhorse in writing and duly executed by both parties.
2. INFORMATION BY TUHORSE
2.1 Customer is encouraged to seek any necessary technical and legal advice from a third-party. Tuhorse is not liable for information given to Customer by a third party.
PRODUCT SPECIFIC REGULATION
3. DELIVERY OF THE PRODUCTS AND TIME OF DELIVERY
3.1 Tuhorse will deliver Products to either: (a) the Customer’s nearest courier depot; (b) a commercial address within a town; or (c) another location, as specifically agreed in writing between the Customer and Tuhorse. All freight and delivery charges are payable by the Customer and will be charged unless otherwise agreed in writing by Tuhorse.
3.2 Except to the extent required by the Australian Consumer Law, Tuhorse will only accept the return of Products, of proper quality, under the following conditions and charges:
(i) Customer must return to Tuhorse the Product within 14 days of the invoice date. Tuhorse will not be required to accept Products of proper quality returned by a Customer after 14 days of the invoice.
(ii) Returns for change-of-mind will incur a 20% restocking fee, which will be deducted from the refund amount. Additionally, the Customer is responsible for all return shipping costs.
(iii) Tuhorse will be entitled to deduct all applicable outbound freight charges, handling fees, and any non-refundable delivery-related costs incurred in respect of the original shipment when calculating any refund payable to the Customer.
(iv) Customer must notify Tuhorse in writing at sales@tuhorse.com.au of any Product return and await Tuhorse’s written acknowledgment that such return is accepted under this clause 3.2. If Tuhorse accepts the return of a Product, the Product returned must be accompanied by a copy of the original invoice number, date of purchase, and a reason for return.
(v) Freight and insurance for returned Products to Tuhorse must be pre-paid by the Customer. We strongly recommend using a tracked shipping method, as Tuhorse is not responsible for Products lost or damaged in return transit.
(vi) All Products must be returned at Customer’s cost to Unit 12, 49 Carrington Road, Marrickville NSW 2204 in their original packaging, unsoiled, undamaged, and in an immediately resalable condition.
(vii) Nothing in this clause 3.2 affects Customer's rights to claim against Tuhorse for a faulty Product under Tuhorse’s warranty or the Australian Consumer Law.
3.3 If Customer does not take delivery (fully or partly) of Products on the date agreed, Customer shall pay as if delivery had been made, and Tuhorse will be entitled to damages from Customer for any loss suffered due to non-delivery including additional transportation and storage costs (including redelivery, manual hand unloading or tailgate fees and costs).
4. RISK AND TITLE
4.1 Subject to clause 4.2 below, risk and, in respect of fully paid Products, title, shall pass to Customer upon delivery to the specified shipping address. For shipping damage, customers should immediately file a claim to their carrier. Any discrepancies, including wrong items or missing items, should be reported to Tuhorse within 2 Business Days.
4.2 Notwithstanding clause 4.1 above, ownership of the Products will not pass to Customer until Tuhorse has received payment in full. If Customer does not pay, Tuhorse is entitled to take back the Products at the sole cost of Customer. Such retention of ownership does not affect the passing of risk.
4.3 The Customer acknowledges that Tuhorse has a ‘purchase money security interest’ for purpose of the Personal Property Security Act 2009 (Cth) (the PPSA) in the Products to the extent that it secures payment of the amount owing in relation to the Products until the title passes to the Customer in accordance with clause 4.2. Tuhorse is entitled to take any actions, ensuring the security interest is enforceable, perfected and otherwise effective. The parties agree that they are not required to disclose any information of the kind referred to in section 275(1) of the PPSA. In case of repeated supply, Tuhorse may make a registration against the Customer, which will be valid for one or more security interests arising from all Products supply under these Terms and Conditions.
5. EXAMINATION
5.1 Immediately upon delivery of Products, Customer shall examine the Products for any visible defects, or shortage, or any other discrepancies with the order and ensure that the delivered Products comply with the order confirmation. Except as otherwise required by the Australian Consumer Law, if Customer does not make such examination and notify Tuhorse accordingly (if relevant) without delay and in any case, within 14 calendar days, Customer shall forfeit its right to claim any defects in the delivered Products, which Customer could have discovered during such examination.
5.2 After receiving confirmation of shipping details, Customer shall notify Tuhorse and its freight company within 10 calendar days (unless otherwise notified to Customer by Tuhorse) if it has not received its Products in accordance with the order. Failure to notify Tuhorse and its freight company will mean that the Customer shall have forfeited its rights to claim in respect of such order.
6. PRICE, PAYMENT TERMS AND INVOICING
6.1 The price for the Products and Services is as stated by Tuhorse online or as otherwise agreed in writing between Customer and Tuhorse. Tuhorse may change the price for the Products and Services at any time via updates on its website.
6.2 Tuhorse will invoice Customer upon receiving Customer’s order. Tuhorse may, in its sole discretion, refuse to deliver any Products and/or Services until full payment has been received and cleared.
7. WARRANTY
Tuhorse’s warranty service as set out on this website shall be incorporated into these Terms and Conditions and apply in full. Unless explicitly stated in Tuhorse’s warranty, all other warranties, guarantees, representations and implied terms, except those which are non-excludable in law, are excluded.
8. LIMITATION OF LIABILITY
8.1 To the maximum extent permitted by applicable law, Tuhorse shall not be liable (in contract, tort (including negligence), breach of statutory duty or otherwise) for any loss or damage whatsoever, including without limitation loss of production, loss of turnover, loss of profit, loss of business opportunity, loss of data, loss of savings, loss of goodwill, loss relating to unauthorised access to data or systems, loss as a result of business interruption, or any other indirect or consequential losses of any kind whatsoever arising under, relating to or in connection with the Agreement or a breach hereof. Tuhorse shall not be liable for any liquidated damages, penalties or similar contractual liabilities levied against the customer by a third party.
8.2 To the maximum extent permitted by applicable law, Tuhorse’s total liability (including third-party claims) to Customer in respect of all losses arising under or in connection with the Agreement will not exceed an amount equal to the total amount paid or payable by Customer under the Agreement (excl. any applicable taxes) on which the claim is based.
8.4 The parties agree that the price for the Products and Services reflects the balance of the parties’ rights and obligations under the Agreement, including the limitations in this Clause 8.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 Customer shall use the Products in a manner that does not infringe third party rights.
9.2 Nothing in the Agreement or otherwise transfers or assigns any intellectual property rights owned by Tuhorse, in or arising out of or in connection with the Products or Services and in any manuals or documentation given by Tuhorse to Customer. Any intellectual property rights owned or licenced by Tuhorse and may not be copied, reproduced, modified, passed on to or communicated to a third party without Tuhorse’s prior written consent.
10. INDEMNIFICATION AND GOVERNING LAW
10.1 With respect to any Proceeding brought by Customer or someone other than Customer against Tuhorse and that arises out of or in connection with the Agreement, the Customer’s purchase or use of the Products and/or purchase of Services, Customer shall indemnify Tuhorse against all Losses arising out of that Proceeding, except to the extent that Tuhorse has intentionally caused those Losses or acted with gross negligence to cause those Losses. “Proceeding” means any judicial, administrative, or arbitration action, suit, claim, investigation, or another proceeding. “Losses” mean any litigation expenses (including any reasonable out-of-pocket expense incurred in defending a proceeding or in any related investigation or negotiation) and any loss (including any amount awarded in, or paid in settlement of, any Proceeding).
10.2 These conditions are governed by laws of the State of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of that State.