Policy

Terms of sale

Last updated: [DATE]

Have a lawyer review this before you trade This page is a working draft written to cover the commercial realities of selling a large, freighted, water-going product. It is not legal advice. Consumer law differs between Australia, New Zealand, the United States and the EU, particularly on liability caps and mandatory guarantees. Have it checked against the jurisdictions you actually sell into.

1. These terms

These terms govern the sale of goods through [WEBSITE DOMAIN] by [LEGAL ENTITY NAME], [ABN / COMPANY NUMBER], of [REGISTERED ADDRESS] (“we”, “us”) to you as the buyer. By placing an order you accept these terms.

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law, or under any consumer law that applies where you live, and which cannot lawfully be excluded.

2. Products and specifications

We supply folding hard-hull fishing boats assembled from composite hull panels, a marine plywood bottom board, seats and a transom bracket, together with any accessories you select.

Dimensions and weights published on this site are hand-measured and are given as a guide. Small variation between units is normal and is not a defect. Photographs and illustrations are representative of the product type and may show optional accessories or colours that are not part of the standard supply. Where a specification matters to your decision, ask us for the measured figures for the model you intend to buy before you order.

3. Orders and acceptance

Submitting an order is an offer to buy. A contract forms only when we send you an order confirmation email. Until then we may decline an order, for example if the product is unavailable, if the delivery address falls outside our freight network, or if the price was listed in error.

Where a consignment requires a freight quote, the contract forms only after you approve that quote in writing.

4. Price and payment

Prices are shown in [AUD] and include GST for deliveries within Australia unless stated otherwise. For deliveries outside Australia, prices exclude import duties, taxes and clearance charges, which are your responsibility as importer of record. See Shipping & delivery.

We may correct pricing errors before dispatch. If the corrected price is higher than the price you were shown, we will contact you and you may cancel without penalty and receive a full refund.

Payment must clear before dispatch. We accept [PAYMENT METHODS]. Card details are handled by our payment provider and are not stored by us.

5. Delivery, title and risk

Delivery dates and transit estimates are indicative. We are not liable for delay caused by carriers, customs, weather, port congestion or events outside our reasonable control, but we will keep you informed and we will not leave you without a remedy if a consignment is lost in transit while in our care.

Risk in the goods passes to you on delivery to your nominated address or on collection from our premises. Title passes to you when we have received payment in full in cleared funds. Where a consignment is delivered to a depot or left per the carrier's standard practice, delivery is taken to have occurred at that point.

You must inspect goods on delivery and report transit damage in line with Returns & refunds.

6. Capacity, use and safety

Each boat is supplied with a data plate stating maximum persons, maximum load and maximum motor power. These limits are not advisory. Exceeding them voids the warranty and may make the boat unsafe.

You are responsible for using the boat within its rated capacity and in conditions it is designed for. It is a small craft intended for sheltered and inland waters, not for offshore passage.
You are responsible for complying with the boating, registration and licensing laws of the state, territory or country where you launch. See Boating safety.
You are responsible for carrying the safety equipment required in your jurisdiction, including a lifejacket for every person on board.
You are responsible for the safe condition of any motor, fuel system or electrical equipment you fit.

We do not warrant the boat for any particular fishing, commercial, rescue, racing or training purpose unless we have agreed that purpose with you in writing before purchase.

7. Warranty

Our express warranty is set out in Warranty and sits on top of, and does not replace, your statutory consumer guarantees. Details of what is and is not covered are on that page.

8. Returns

Returns, refunds, change-of-mind rights and the handling of faulty or damaged goods are governed by Returns & refunds.

9. Limitation of liability

To the maximum extent permitted by law, and subject to the following paragraph, our total liability arising out of or in connection with the supply of goods is limited to, at our option, replacing the goods, supplying equivalent goods, or paying the cost of replacing or acquiring equivalent goods.

We are not liable for loss of profit, loss of opportunity, loss of use, or indirect or consequential loss.

This clause does not apply to any liability that cannot lawfully be limited, including liability under the Australian Consumer Law guarantees, liability for death or personal injury caused by negligence, and liability for fraud.

10. Intellectual property

All content on this site, including text, photographs, drawings and the layout, is owned by us or licensed to us and may not be reproduced commercially without our written permission.

Where you send us photographs, video or written feedback about the product, you grant us a non-exclusive, royalty-free licence to use that material in our marketing, provided we do not identify you by name without your consent. You confirm you own the material you send and that our use of it does not infringe anyone else's rights.

11. Force majeure

We are not in breach of these terms, and are not liable for delay or failure to perform, where the cause is outside our reasonable control. This includes carrier failure or insolvency, port or customs disruption, natural disaster, epidemic, war, sanctions, or a change in law affecting the product. If such an event continues for more than [N] days, either party may cancel the affected order and we will refund amounts paid for goods not yet dispatched.

12. Product recalls and safety notices

If we become aware of a safety issue affecting a model you bought, we will contact you using the details you provided and explain what to do. You agree to keep your contact details current and to act on a safety notice.

13. Governing law

These terms are governed by the laws of [STATE, AUSTRALIA], and the parties submit to the non-exclusive jurisdiction of the courts of that place. If you are a consumer resident elsewhere, this does not deprive you of the protection of the mandatory consumer law of your own country of residence.

14. Changes

We may update these terms. The version in force when you place an order governs that order. The “last updated” date at the top will change when we do.

15. Contact

[LEGAL ENTITY NAME]
[REGISTERED ADDRESS]
Email: [SUPPORT EMAIL]
Phone: [PHONE]

Shipping & delivery · Returns & refunds · Warranty · Privacy · Boating safety