Terms & Conditions of Sale

About Us and These Terms

Swinton Equipment Depot is operated by Swinton Equipment Depot (ABN 61 826 340 915), located at 49 Friendship Rd, Port Botany NSW 2036, Australia. These Terms, together with our Returns, Shipping, Privacy, Payment, Warranty, Cancellation and Cookies policies, form the agreement between you and us.

We may update these Terms from time to time. The version in effect at the time you place an order applies to that order.

If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force.

Orders and Acceptance

Placing an order is an offer to purchase. A contract is formed only when we send you an order confirmation or dispatch the goods, whichever occurs first.

We reserve the right to decline or cancel an order, including where goods are unavailable, where there is a pricing or description error, or where we suspect fraud. If we cancel an order you have paid for, we will refund you in full.

You are responsible for ensuring that the goods you order are suitable for your intended use and comply with any regulatory or licensing requirements applicable to you.

Prices, GST and Payment

All prices are in Australian dollars and include GST at 10% unless stated otherwise. Freight and optional services are additional and shown before you confirm your order.

Payment is due at the time of order unless we have agreed alternative terms in writing. Where account or invoice terms are agreed, payment is due within 7 of the invoice date.

We may withhold dispatch until payment has cleared. Prices are subject to change, but changes do not affect orders we have already accepted.

Product Information and Availability

We take care to describe goods accurately, including specifications, dimensions and images. Minor variations in colour, finish or specification may occur, and manufacturers may update products without notice.

Stock availability is not guaranteed until your order is accepted. If an item becomes unavailable after acceptance, we will contact you to arrange an alternative, backorder or refund.

Where goods require assembly, installation, licensing, registration or compliance certification, this is your responsibility unless we expressly agree otherwise in writing.

Title and Risk

Risk in the goods passes to you on delivery. Title in the goods remains with us until we have received payment in full.

Until title passes, you must store the goods so they are identifiable as ours and not create any security interest over them.

We may register a security interest in respect of goods supplied on credit under the Personal Property Securities Act 2009 (Cth).

Liability

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law that cannot lawfully be excluded.

Where our liability can be limited by law for goods or services not ordinarily acquired for personal, domestic or household use, our liability is limited, at our option, to replacing or repairing the goods, resupplying the services, or paying the cost of doing so.

To the extent permitted by law, we are not liable for indirect or consequential loss arising from misuse, incorrect installation, failure to follow instructions, or normal wear and tear.

Governing Law

These Terms are governed by the laws applying in Australia, Australia, and the parties submit to the jurisdiction of the courts of that place.

These Terms apply in addition to, and are not intended to override, the mandatory protections of the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law.