Terms & Conditions
- These terms and conditions (Terms) apply to the ordering, supply, delivery and/or installation of Products and the provision of Services by Armour Covers to the Customer.
- In the event that there is any conflict between these Terms and any special condition expressly set out in an Order, the special condition set out in the Order will prevail only to the extent of such inconsistency.
- No other representations
- No brochure, product catalogue, price list or other communication, whether published on the Website or forwarded by Armour Covers to the Customer, is intended to form part of these Terms or incorporate any warranty or representation as to the Products or Services to be provided to the Customer.
- Armour Covers makes no representations to the Customer that the Products detailed in an Order will be available to the Customer at all times. The Customer acknowledges that all Products will be subject to availability and supplied only pursuant to the terms of an agreed Order.
- Order Acceptance
- By placing an Order on the Website or directly to Armour Covers verbally or through email, the Customer is making an offer to enter into an agreement to purchase the Product(s) and/or Services in that Order. Orders will be deemed received by Armour Covers at the time.
- No Order shall be binding on Armour Covers until accepted by Armour Covers in writing. An individual contract for the supply of Products, on these Terms, is formed on acceptance by Armour Covers of an Order from the Customer.
- Armour Covers reserves the right to accept any Order in whole or in part. Where Armour Covers makes a part delivery of any Order, such delivery shall constitute a separate contract. No order may be cancelled or varied after acceptance by Armour Covers, unless otherwise agreed in writing by the parties.
- Price and Payment Terms
- The Customer agrees to pay the purchase price for the Products and/or Services as set out in the Order. Prices displayed on the website or quoted to the customer will be inclusive of GST.
- For all Armour Covers products, excluding Standard Storage Box Cover, Deluxe Storage Box Cover and Electric Jack Cover:
I. A 50% deposit is required for all orders at time of order.
II. The 50% deposit is fully refundable up to which time the production of cover begins. Once Armour Covers begins production of the order, the 50% deposit will become forfeit if the customer chooses to cancel their order. If customer chooses to cancel their order
III. At the completion stage of production and prior to shipping of the order by Armour Covers, the customer must make final payment for the balance of any monies owed in relation to the order. Failure to make payment may delay the shipment of the order.
IV. Armour Covers will make reasonable efforts to contact the customer through email and phone at this stage to collect payment.
V. No cover or custom product will be dispatched without 100% payment on order.
VI. Disputed goods on arrival (not fit for purpose, faulty or incorrect) will be managed under our standard terms and conditions of this agreement. This could mean replacement or refund of the order and will comply with Australian Consumer Law.
- For all standard products, Standard Storage Box Cover, Deluxe Storage Box Cover and Electric Jack Cover, payment must be made 100% before goods will be dispatched or given to the customer.
- Title to Products
- Ownership in and title to the Products does not pass to the Customer until the Customer has discharged all outstanding indebtedness, whether in respect of the Products or otherwise, to Armour Covers.
- Risk in the Products will pass on delivery to the Customer. Delivery may not be refused by the Customer. The Customer grants to Armour Covers, its agents, and servants, leave and licence to enter at any time on and into any premises occupied by the Customer to inspect, search for or remove any of the Products where title has not passed to the Products. If the Products are sold by the Customer, the Customer acknowledges that such sale is made by the Customer as bailee for and on behalf of Armour Covers, to hold the proceeds of sale on trust for Armour Covers, in an account in the name of Armour Covers, until payment in full for the Products is made to Armour Covers.
- Delivery and Shipping
- Armour Covers will use all reasonable endeavours to deliver the Products to the destination specified in the Order on or before the delivery date set out in the Order. Delivery of Products is complete upon their arrival at the location specified in the Order.
- Armour Covers reserves the right to charge for delivery of the Products at any time, as set out in an Order or otherwise as displayed on the Website. Administrative fees may also be imposed for orders under certain dollar values at the discretion of Armour Covers. Where prices are stated as inclusive of delivery, delivery is to the delivery point specifically accepted by Armour Covers.
- A handling fee may be charged on all orders.
- At Armour Covers' discretion, and in the Customer’s best interests, Armour Covers may choose to send small or delicate items by Express Post rather than via a freight company.
- Please refer to Armour Covers' shipping policy here.
- Customer Specific Stock
- Where Armour Covers has agreed to procure and/or warehouse and/or distribute Products specifically for the Customer, the Customer must, within 30 days of the request, purchase all stock then warehoused and held at the then prevailing supply price. Where the Customer does not do so, Armour Covers may dispose of the affected Products without liability for any loss or damage suffered by the Customer as a result.
- Intellectual property
- The Intellectual Property Rights in any of the Products and the Services, and all documentation, and specifications of the Products supplied under this Agreement are and shall remain the property of Armour Covers.
- The Customer must do all things that Armour Covers reasonably requires to perfect Armour Covers’ right, title and interest in and to the Products.
- The Customer shall use reasonable endeavours to prevent any infringement of Armour Covers’ Intellectual Property Rights in relation to the supply of the Products or the Services and shall promptly report to Armour Covers any such infringement that comes to its attention.
- The Customer indemnifies Armour Covers against all claims, demands, loss, costs, and expenses incurred by or made against Armour Covers, arising out of any actual or alleged infringement of patents, copyright, trademarks, design rights or other intellectual property rights, by any logo, design, copyright, or other material that Armour Covers may use, print or reproduce at the Customers request.
- Limitation of liability
- Subject to clause 9.2, Armour Covers gives no express warranty in relation to Products and Services supplied to the Customer, and the Customer acknowledges that it has not relied on any representation or warranty made by or on behalf of Armour Covers. Certain legislation may imply conditions and warranties into these Terms. To the extent that such conditions and warranties may lawfully be excluded, all such conditions and warranties are expressly excluded.
- If the Australian Consumer Law applies to the supply of Products, Armour Covers acknowledges and agrees that its goods and services also come with a guarantee that cannot be excluded under the Australian Consumer Law, and that the following mandatory notice under section 102(1) of the Australian Consumer Law that must be provided to the Customer will apply:
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
- Except to the extent the law provides that liability is not able to be excluded, Armour Covers shall have no liability to the Customer in respect of any loss or damage (including consequential or indirect loss or damage or loss of profits, loss of use or loss of data) however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the Products, any Services supplied by Armour Covers or the failure of Armour Covers to comply with these Terms.
- Any Products which are damaged or defective, or which the law provides may otherwise be returned to Armour Covers, or which are not otherwise in accordance with the Customer’s Order, may be returned to Armour Covers within 7 days of receipt of the Products, at no cost to the Customer.
- To start a return, the Customer can contact Armour Covers at the details below. If the return is accepted, Armour Covers will send the Customer a return shipping label, as well as instructions on how and where to send the package. Items sent back to Armour Covers without first requesting a return will not be accepted.
- To the extent permitted by law, the Customer is not entitled to return the Products and obtain a credit for Products specifically tailored to the Customer’s requirements, unless otherwise agreed between the parties.
- Armour Covers will not accept returns based on a purchase error or "change of mind". As each cover is a custom item, tailored specifically for the customer, the product becomes ineligible to resell or repurpose, therefore any orders on covers are final.
- Notwithstanding the provisions of this clause 10, Armour Covers will not accept a returned Product:
- for hazardous materials, flammable liquids, or gases; or
- where the Customer has caused the Product to become unmerchantable or failed to take steps to prevent the Product from becoming unmerchantable or the Product has become damaged by abnormal use whilst in the possession of the Customer.
- Armour Covers will not accept returns on sale items or gift cards.
- Armour Covers will notify the Customer once Armour Covers has received and inspected a return. If approved, the Customer will be automatically refunded on the Customer’s original payment method.
- Please allow 3-10 business days, dependent on your bank, for the amount be refunded into your account.
- Further information on Armour Covers’ refund policy is set out in the Refunds Policy, please refer to Armour Covers’ refund policy here.
- The Customer indemnifies, defends and holds harmless Armour Covers, its employees, officers, authorised representatives and agents (Indemnified Parties) against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a solicitor and own client basis) that the Indemnified Parties may incur or suffer as a direct or indirect result of:
- the Customer’s non-payment of the product price or any additional service fees;
- any use of the Products which is inconsistent with the documentation and manuals provided;
- the Customer’s negligent acts or omissions; or
- any claims brought by or on behalf of a third party relating to any act or omission by the Customer.
- These Terms will apply to the exclusion of all other terms and conditions contained in the Customer’s order and the Customer expressly waives any rights under those terms. In the event of any inconsistency, Armour Covers will be deemed, by delivering the Products to the Customer or supplying services to the Customer, to have made an offer to the Customer to sell the Products or supply the services pursuant to these Terms, which offer will be deemed to have been accepted if the Customer retains the Products or accepts the services. Armour Covers reserves the right to change these Terms at any time.
- Armour Covers reserves the right to recover from the Customer all goods and services tax (“GST”) payable in respect of the supply of goods and services to the Customer.
- Force Majeure
- Armour Covers will not be liable for any loss or damage suffered by the Customer due to any delay or any breach or default under these Terms in circumstances where such delay, breach or default results from causes beyond Armour Covers’ reasonable control including but not limited to any (a) breach or default under these Terms by the Customer, (b) compliance with any laws, regulations, orders, acts, instructions or priority requests of governments, (c) acts of God, fires, floods, strikes, lockouts, factory shutdown or alterations, embargoes, wars or riots (d) epidemics or pandemics (including COVID-19) and the effects thereof and (e) any delays or shortages in transportation or inability to obtain labour, supply parts other materials from third party suppliers.
- These terms and conditions are governed by and will be construed in accordance with the laws of Queensland and the parties agree to submit to the jurisdiction of the courts of that state.
- No Waiver
- The failure by Armour Covers to exercise, or any delay in exercising, any right, power, or privilege available to it under these terms and conditions will not operate as a waiver thereof or preclude any other or further exercise thereof or the exercise of any other right or power.
- All payments required to be made by the Customer under these Terms will be made free of any set-off or counterclaim and without deduction or withholding. Any amount due to Armour Covers from time to time may be deducted from any monies which may be or may become payable to the Customer by Armour Covers.
- If any condition in these Terms requires the Customer to give notice in writing, the Customer can send this to Armour Covers by post at 19 Palmetto St, Chevallum QLD 4555 or email at email@example.com. Armour Covers will confirm receipt of this by contacting the Customer in writing, normally by email.
- In these Terms;
- Australian Consumer Law means schedule 2 of the Competition and Consumer Act 2010 (Cth).
- Customer means the Customer named on the Order and includes the Customer’s agents and permitted assigns.
- Intellectual Property Rights means all industrial and intellectual property rights throughout the world, whether registered, unregistered or unregistrable, including all copyrights, patents, trademarks, service marks, designs, confidential information, trade secrets, know how, data and databases, systems and domain names.
- Price means the price payable for the Products and/or Services as set out in an Order.
- Products means any products provided by Armour Covers to a Customer as set out in an accepted Order.
- Order means a written quotation or purchase order (including an online order made by a Customer via the Website) which sets out the agreed terms of the supply of Products and/or Services.
- Services means any services provided by Armour Covers to a Customer as set out in an accepted Order.
- Website means Armour Covers’ website located at https://armourcovers.com.au/ or such other website owned or controlled by Armour Covers.