Terms and Conditions
These terms and conditions apply to all purchases made from Bushfire Store.
1 Orders & Delivery:
All orders placed through this web site are subject to confirmation and acceptance by Bushfire Store. Bushfire Store may vary prices in the event of price changes or mistakes made by suppliers on reasonable prior notice to you. If Bushfire Store requests payment for increased prices, you may cancel the order by giving notice to Bushfire Store which must be received within 24 hours of the announcement of the increase. Otherwise Orders cannot be cancelled once placed.
Bushfire Store or its suppliers and agents will deliver the goods you order to the address you specify in your order, where the address is not within a serviced area set by the courier company you may be required to pick up your order from the courier companies stated depot. Bushfire Store or its suppliers and agents will deliver the goods you order within the agreed time frame, subject to their availability. Where the goods are not available you will be notified of this by Bushfire Store as soon as possible. Anyone at the delivery address who receives the goods will be presumed by Bushfire Store to be authorised to receive the goods. If your goods include products in respect of which the law prescribes a minimum age for purchase, you must be over the age of 18 years (or such other minimum age as is prescribed by the law), and you must ensure that a person over that age is available to accept delivery of the goods. Bushfire Store may refuse to deliver the goods if the person receiving the goods is unable or unwilling to provide evidence of proof of age. If there is no-one at the delivery address or no-one of appropriate age to receive and pay for the order, Bushfire Store may charge you additional delivery fees. The Customer shall provide secure and suitable off-loading facilities at the premises so as to facilitate the safe and timely off-loading of the Goods. Once the goods are delivered to you, you will own them and it is your responsibility if they are lost or damaged. The Goods shall be at the Customer’s risk from delivery by Bushfire Store or its third party supplier. All transit/carriage of the Product shall be at the Customer’s risk whether from Bushfire Store’s supplier to the Customer or the third party to Bushfire Store’s supplier or the third party to the Customer and whether such transit/carriage is arranged by Bushfire Store the third party or the Customer. Bushfire Store reserves the right to restrict sales to retail quantities when supplying resellers and distributors.
All cancellations will incur a 20% cancellation fee.
3. Returns, Warranties and Guarantees
Once goods are received, the purchaser should immediately check the items to ensure:
a) They are correct as ordered.
b) They have not been damaged in transit.
c) They are not faulty.
d) They are not missing any parts.
If any item(s) falls into any of the above categories, then Bushfire Store or the manufacturer must be notified within 24 hours of receipt of the delivery specifying the problem. This can be done by email or through the contact us page on the website.
Once notified you will be issued with a Return Authorisation Number which must be written on the outside of the returned package. If you return an item without receiving a Return Authorisation Number it may result in the forfeiture of a possible remedy from us or our third party supplier.
If a wrong item has been shipped, the manufacturer will replace the item once the wrong item has been returned to the supplier or manufacturer by post.
All warranties and guarantees are to be addressed directly to and with the Manufacturer. Bushfire Store shall is not responsible for any warranties or Guarantees. The Customer shall examine the Goods after delivery and inform the Bushfire Store and the Manufacturer within 24 hours of receiving the goods, if there are any alleged defect in the Goods. Bushfire Store will do all that it can to help the Customer resolve the matter with the manufacturer.
If you have ordered the wrong product or change your mind, Bushfire Store will happily allow you to return your product and offer a refund upon the following conditions:-
a) The product is returned in its original and unused condition and is suitable for resale by Bushfire Store.
b) The purchaser is liable for, and will pay, all postage and freight charges for the return of the goods back to Bushfire Store’s authorised address or Bushfire Store’s appointed suppliers address.
c) A 50% restocking and handling fee shall be applied and removed from the approved refund
d) Items which have been purchased on sale with a discount greater than 40% of the recommended retail price cannot be returned to Bushfire Store.
4. Prices & Payment:
For each online order, you must pay: 1. the applicable price for the relevant goods confirmed by Bushfire Store and 2. the delivery and handling fee also confirmed by the Bushfire Store. Your order and credit card details are safe and secure. At this stage we can only accept payments using the methods stated in the Orders & payment section of this web site. We are unable to accept COD charges. Payment must be cleared before the goods are dispatched unless you have approved credit facilities with Bushfire Store. Prices and range on this web site may vary from Bushfire Store’s suppliers stores.
All our products are sent to you in good condition and packaged correctly, we cannot guarantee the condition of the product on arrival.
When purchasing a Rapid Spray® product please note that the product will be supplied by either Rapid Spray® in NSW or by Trans Tank International® (previously Rapid Spray Southern) in Victoria. The Trans Tank International products may or may not have the same branding as the Rapid Spray products and no prior notice may be given to the customer to whether the item will be supplied by Rapid Spray in NSW or by Trans Tank International in Victoria. This will be decided by Bushfire Store depending on location of customer and/or products availability. In all cases your products specifications will match those stated on our site. If the customer requests to be supplied by only Rapid Spray or only Trans Tank International, then the request must be made to Bushfire Store prior to placing an order and confirmation must be received in the way of an email by Bushfire Store.
6. Your Account
You agree to take responsibility for the safekeeping of your user name and password. You are liable if your user name or password is used by an unauthorised person. You agree to release and indemnify Bushfire Store in connection with any use (whether authorised or unauthorised) of your user name or password. Bushfire Store may suspend or cancel your account at any time without prior notice.
7. Images and Graphics
Bushfire Store aims to include up-to-date images and/or graphics of all of the goods on this web site. However, our picture of the goods may differ from the actual goods. We recommend you read the labels on the goods carefully before using the goods.
Bushfire Store will comply with Bushfire Store’s Privacy Statement. Bushfire Store will not reveal your personal information to external organizations except for the purposes of fulfilling your order.
Any liability of Bushfire Store in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by
legislation and to the maximum extent permitted by law, at the election of Bushfire Store be limited to: 1. in relation to goods, the replacement of the goods or the supply of equivalent goods; and 2. in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.
10. Changes To Terms
Each order is governed by the terms and conditions current when the order is placed. Bushfire Store may add to, delete or otherwise change these terms and conditions without notice. It is your responsibility to read and understand these terms and conditions each time you place an order.
11. Applicable Law
All purchases, and these terms and conditions, are subject to the laws of New South Wales, Australia.
In case of an electrical or any other fault in equipment or machinery sold by Bushfire Store, operation must cease immediately and electrical supply must be disconnected as electricity can kill. Repairs must be undertaken by an authorised service centre or person. The Customer agrees to accept all liability should failure occur.
When using chemicals sold by the Bushfire Store, proper eye and clothing protection must be worn as harmful bodily injury can occur. It is your responsibility as the purchaser to see any user understands and follows all safety rules, precautions and instructions.
Exclusion and limitation of liability
TO THE FULL EXTENT PERMITTED BY LAW WE HEREBY EXCLUDE ALL CONDITIONS AND WARRANTIES NOT EXPRESSLY SET OUT HEREIN. EXCEPT AS SPECIFICALLY SET FORTH IN ELSEWHERE IN THIS AGREEMENT, WE MAKE OR GIVE NO EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER OR INCIDENTAL TO THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, OUR RESELLERS, AGENTS, REPRESENTATIVES OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES HEREBY GIVEN, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
- Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising. 2. In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
In the event that this agreement constitutes a supply of goods or services to a consumer as defined in the Trade Practices Act 1974 or any other national, State or Territory legislation (the Acts) nothing contained in this agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this agreement and the goods and you where to do so is unlawful. To the full extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon you pursuant to any of the Acts, our sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which you may sustain or incur, shall be limited (except as otherwise specifically set forth herein) to:
- in relation to goods.
- the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or
- the repair of the goods or payment of the cost of having the goods repaired;
- in relation to services.
- the supplying of the services again; or
- The payment of the cost of having the services supplied again as in each case we may elect