OUTPAK RESOURCES TERMS, RETURNS AND REFUNDS POLICY

June, 2017

The following terms and conditions of online sales apply to all sales made via the Outpak Resources Website (www.outpak.com.au). By using this website and purchasing products through the Website, you agree to the terms below.

Definitions

“Business Day” means between 8am and 5pm, Monday through to Friday, excluding public holidays in Australia.

“Delivery” means Outpak Resources (hereafter referred to as Outpak) shipping to, and arrival at, the delivery address specified in your order form.

“Products” means any products and or accessories that are available for purchase from the Outpak Resources online store at the time of your order.

“Shipment” means the period from the time the Product is ready to be loaded on transport for the purpose of Delivery, until the Delivery of the Product.

“You” and “Your” means the user of the Website and where applicable, the purchaser of the Product, as identified in the Outpak Resources order form on the Outpak Resources online store.

“We”, “Us” and “Our” means Outpak Resources and any employee, contractor or agent legally acting on Our behalf.

Pricing of Products

Prices are shown inclusive of GST and exclude Delivery charges, which also include GST. Any coupons are non-transferrable, cannot be exchanged for cash or any other benefit, and can only be used by the person or company to whom it was originally sent.

Processing of Orders

All orders are subject to acceptance by Outpak Resources, as evidenced by Our acknowledgment by way of an automatically generated receipt from the Website. We reserve the right to restrict the number of items that you may purchase. The Products are offered for sale only to persons or entities that can make legally binding contracts.

We will make all reasonable efforts to process your order within 1 Business Day of receiving your order. Orders placed on the weekend or on a Public holiday will usually not be processed until the next Business Day.

We reserve the right to discontinue Products without notice, or to not supply any Product for any reason.

If your order is for or incudes any Product that is out of stock, Outpak Resources will notify you and may offer the option of a replacement Product (which may be a different price) or cancellation of your order. If you choose to take a substitute Product, your order will be updated and a new acknowledgment will be sent to you by Outpak Resources. If you choose to cancel your order due to any product you ordered not being in stock, and if you have already made a payment for your order, then you may also request to receive a full reimbursement of the payment amount(s) you have already made towards the cancelled order, and Outpak Resources will reimburse your payment within 1 Business Day of receiving your request for the reimbursement.

Delivery of Orders

Provided your delivery address is a physical address within Australia, Outpak Resources will make all reasonable efforts to despatch your order within 2 Business Days, or the time stipulated in your order form. If we are not able to despatch your products within the specified time for any reason, we will notify you of any expected delay and may, at our sole discretion, offer the option of a substitute Product (which may be a different price) or a refund of the payment made. If you choose to take a substitute Product, your order will be amended and we will subsequently send you an updated order confirmation. If you have any additional queries regarding your order please contact Us via the details on the Contact page on our Website.

Shipment and Risk of Loss

Outpak Resources will ship according to its standard commercial practice. Risk of loss and damage to all Products will pass to you upon Delivery. Title to all Products will pass to you upon the later to occur of Delivery and when payment in full has been received by Us from you for the Products you have ordered and for any associated freight costs.

Freight Damage, Goods Not Received and Notification of Defective Products

Notice of any damage in transit, goods not received or other claims for defective Products should be made to Outpak Resources on 0450 511 159  immediately upon Delivery of the Products, and no later than within 48 hours of Delivery of the Products. We reserve the right to investigate any such claims in order to verify the legitimacy of such claims, prior to paying any refund. Should we refuse to pay you a refund or offer you a replacement, we will provide you with a written reason for this refusal.

Payment Terms

Unless you have been granted Credit Terms by Outpak Resources, your order will be processed and despatched or made available for pickup once the payment has been made in full using the approved payment options offered at the time of placing your order. Incomplete or partial payment will not be accepted, and may result in delays in processing your order.

Statutory Consumer Guarantees

Outpak Resources acknowledges that the Competition and Consumer Act 2010 contains statutory consumer guarantees that cannot be excluded. For example, consumers can rely on a guarantee that goods are of acceptable quality and are reasonably fit for purpose; and that services will be provided with due care and skill and are reasonably fit for their purpose.

These Terms and Conditions are not intended to exclude or restrict these guarantees.

Warranty and Returns

Unless otherwise stated on the product description, all Products advertised on and sold via the Outpak Resources online store are new and carry a warranty against faults and manufacture when used and applied according to the manufacturers’ instructions. These instructions are typically available on the website of the product manufacturer.

In the event of Outpak Resources receiving a notice of faults, a refund will only be provided upon prompt return of the Product to Outpak Resources This warranty excludes damage caused by misuse or neglect by you, no fault found with the Product.

We will replace or issue a refund for products purchased from this Website at no charge, if found to be inadvertently misrepresented due to error in detail or specifications. You must provide evidence of purchase in the form of your receipt to validate your warranty.

The benefits to you given by the Outpak Resources warranty are in addition to other rights and remedies available to you under law in relation to the goods or services to which this warranty relates. 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.

Without limiting your statutory rights, Outpak Resources or any of its officers, employees or agents shall have no other liability or responsibility to you in contract, tort, statute or otherwise for any direct, indirect or consequential injury, loss or damage whatsoever and howsoever arising from your use of the Product; or your use of the Outpak Resources Website or any linked website (nor does Outpak Resources accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Outpak Resources Website or any linked website), save to the extent that such loss, claim or injury arises from the negligence or wilful misconduct of Outpak Resources, or any of its officers, employees or agents.

Also, Outpak Resources, or any of its officers, employees or agents will not be liable for any direct, indirect or consequential injury, loss or damage whatsoever and howsoever arising from your decision to purchase or use any of the products on our website.

Any Advice is General in Nature

In the general course of its business, Outpak Resources may provide general advice to customers to its customers both verbally, in writing, and via the website on matters such as

All information and advice is intended to be general in nature, and does not take into account all of the customers circumstances. Outpak Insulation offers no warranty that any advice given is suitable for any particular person, and recommends all its customers to do their own research and consider obtain independent advice before purchasing or using any of the products which we sell. It is also the customer’s responsibility to ensure that they comply with all applicable laws, codes and regulations.

Cancellations, Returns and Refunds

In addition to the mandatory statutory rights available to customers under the Competition and Consumer Act 2010 and other applicable consumer laws, Outpak Resources may at its sole discretion issue you a refund if Outpak Resources has provided its written consent and:

  • the order is cancelled prior to the Shipment of the Product; or
  • the Product is returned within 30 days of purchase without being opened or damaged.

Collection charges will apply depending on the place of collection. Outpak Resources may deduct reasonable collection charges from the amount to be refunded, and may also charge a minimum 15% restocking fee. The restocking fee may be higher for non-stocked products, or products which are manufactured to order. Products or parts will not be accepted for return or credit without Outpak Resources’ prior written consent.

Customer Service and Support

If you have any queries regarding your Outpak Resources Website purchase order, your Product or warranties, returns or refunds, or if you need support for your Product, please contact Outpak Resources Sales Support on 0450 511 159.

General Terms and Conditions

These Terms and Conditions, and any disputes arising in connection with them, are governed by the laws of Australia.

Outpak Resources will not be liable for any performance delays or for non-performance of any obligation under these terms and conditions due to causes beyond its reasonable control, including but not limited to forces of nature, industrial action, freight incidents and action or inaction by any Government.

You must not assign any of your rights or obligations under these Outpak Resources Website Terms and Conditions without the prior written consent of Outpak Resources.

Provisions of these Outpak Resources Website Terms and Conditions which by their nature extend beyond the conclusion or termination of any sale will remain in effect until fulfilled.

Your use of the Outpak Resources Website, are also subject to the website disclaimer. Any provision of this document which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make this document enforceable, unless this would materially change the intended effect of this document.

Your use of this Website and where applicable your purchase of the Products will constitute your acceptance of these Outpak Resources Terms and Conditions. The Website Terms and Conditions are effective as at the date specified above and may be amended by Outpak Resources from time to time. Amendments to these Outpak Resources Terms and Conditions will be published on the Outpak Resources Website (www.outpak.com.au)