1.    General

These Terms and Conditions constitute the terms and conditions upon which TUS Offroad (“us”, “our”, “we”) will supply Goods and/or Services to the Customer (“you”, “your”). 

2.    Terms of Sale

By placing an order you are offering to purchase the Goods on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. 

In order to contract with TUS Offroad you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. TUS Offroad retains the right to refuse any request made by you.

a.    Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the Goods will not be formed until your payment has been approved by us and we have debited your credit or debit card.

b.    Pricing and Availability
i.    Whilst we try and ensure that all details, descriptions and prices which appear on this website are accurate, errors may occur. If we discover an error in the price of any Goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the Goods, you will receive a full refund less a restocking fee of $200 for items greater than $2000 and 10% for items less than $2,000. Where applicable, prices are inclusive of GST. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
ii.    The website may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Website that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.

c.    Discount Codes
i.    Promotional discount codes - We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this website.
ii.    The conditions of use relating to any discount code will be specified at the time of issue.
d.    Delivery
Delivery options are as displayed on our Website and are subject to change. Metro delivery price is as per the quoted price at checkout. The Metro delivery radius is 30 km around Epping, Victoria. If you are outside that radius TUS Offroad will contact you directly to confirm delivery pricing. 

3.    Inspection
The Customer must inspect all Goods and/or Services upon delivery of the Goods or completion of the Services, as the case may be, and must e-mail [email protected] to TUS Offroad within 48 hours of the date of delivery any alleged defects in Goods and/or Services with details of the relevant invoice number and a description of the alleged defects together with photographic evidence. Unless Goods and/or Services are so rejected within that 48 hour period, such Goods and/or Services will be deemed acceptable subject to any warranty claim or consumer guarantees. 

The Customer acknowledges and agrees that there may be minor imperfections in the colour and materials of the Goods and/or Services provided by TUS Offroad. Such imperfections, including but not limited to variations in colour or texture, shall not be considered defects and shall not entitle the Customer to return the Goods or claim any warranty remedies. The Customer's acceptance of the Goods and/or Services shall be deemed conclusive evidence of their satisfactory condition, subject to any warranty claims or consumer guarantees.

4.    Warranty
TUS Offroad warrants that all products sold are free from defects in material and workmanship. 

In addition to any applicable rights under Australian Consumer Law, TUS Offroad will, at its sole option, repair or replace any TUS Offroad branded products supplied by it which are found to be defective in either materials or workmanship providing that TUS Offroad is actually notified in writing from the customer of the alleged defect for a minimum period of 2 years commencing on the date of purchase. Specific warranty periods will be clearly stated on the product description page when purchased. 

Unless specifically stated, all Goods relating to wheels and suspension provided by TUS Offroad are intended for off-road use only. 

Rules and regulations for light road, and off-road vehicles vary from state to state. Please research these regulations in your jurisdiction before undertaking modifications to your car.

For more information on our warranty please see https://www.tusoffroad.com.au/pages/tus-warranty-and-returns

5.    Indemnity
You agree to indemnify, defend and hold harmless TUS Offroad, its directors, officers, employees, consultants, agents, and affiliates from and against any loss, injury or damage, to person or property, that extends beyond the warranties set forth above, whether the claims against TUS Offroad or the damages are incidental or consequential.

You agree to indemnify, defend and hold harmless TUS Offroad, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms and Conditions or Terms of Use.

6.    Liability

To the extent permitted by law, TUS Offroad will not be liable in respect of any loss or damage (including consequential loss or damage), howsoever caused (whether by negligence or otherwise), which may be suffered or incurred or which may arise directly or indirectly or in connection with the Goods and/or Services, howsoever acquired, including where any person has: 

1. modified or in any way altered the Goods or changed the formulation or make-up of the Goods; 
2. failed to use the Goods in accordance with the instructions or recommendations of TUS Offroad published from time to time in connection with the use of the Goods; 
3. failed to use the Goods in accordance with any applicable laws or regulations; or
4. requested the fitting of trays in place of tubs, resulting in the malfunction of systems and causing death or injury.

Please note that modifying your vehicle may impact your insurance in the event of a claim. TUS Offroad does not accept any liability for any event where your insurer has refused a claim due to modification(s). 

To the extent permitted by law, TUS Offroad will not be under any liability in respect of any loss or damage (including consequential loss or damage) however caused (whether by negligence or otherwise) which may be suffered or incurred or which may arise directly or indirectly in respect of any technical advice or assistance given or rendered by it to the Customer whether or not in connection with the manufacture, preparation or supply of Goods and/or Services to the Customer, provided that TUS Offroad has provided such technical advice or assistance with due care and skill.

Where any applicable legislation implies any term, condition or warranty into the relationship between TUS Offroad and the Customer or into these Conditions or a contract of sale between TUS Offroad and the Customer in relation to the sale or supply of Goods and/or Services, or otherwise gives the Customer a particular remedy against TUS Offroad and that legislation or any legislation avoids or prohibits provisions excluding or modifying the application of, or exercise of, or liability under, such term, condition, warranty or remedy, then that term, condition, warranty or remedy is deemed to be included in these Terms and Conditions of Sale, or, as the case may be, apply to that relationship. However, TUS Offroad's liability for any breach of such term, condition or warranty or under such remedy, will be limited, at TUS Offroad's option, in any one or more of the ways permitted by that legislation including, where so permitted: 

a. if the breach relates to any Goods, to: 
   i. the replacement of those Goods or the supply of equivalent goods; 
   ii. the repair of those Goods; 
   iii. the payment of the cost of replacing those Goods or acquiring equivalent goods; or 
   iv. the payment of the cost of having those Goods repaired; and 

b. if the breach relates to any Services to: 
   i. the supplying of those Services again; or 
   ii. the payment of the cost of having those Services supplied again.

If there is any inconsistency between the express terms of these Terms and Conditions and any term, condition, warranty or remedy deemed to be included in these Conditions, that deemed term, condition, warranty or remedy will prevail to the extent of the inconsistency.

The descriptions, illustrations and other material contained in any catalogue, price list, brochure, leaflet or other material provided by or on behalf of TUS Offroad does not form part of these Terms and Conditions or any contract between TUS Offroad and the Customer for the supply of Goods and/or Services and does not amount to any representation or warranty (whether collateral thereto or otherwise).

All Goods and/or Services supplied by TUS Offroad will be in conformity with TUS Offroad's standard commercial specifications at the time of supply, subject to TUS Offroad's right without notice to incorporate such minor modifications thereto as it thinks fit or any modifications of whatever nature necessary to comply with any relevant law.

7.    Acknowledgements
The Customer acknowledges that:
a.    it has not relied on any representations made by TUS Offroad as to the suitability of the Goods for any specific purpose; 
b.    it is its responsibility to make its own enquiries and investigations as to the suitability of the Goods for any particular purpose.

8.    Privacy Policy

These Terms and Conditions incorporate our privacy policy, which sets out how we will use your information, can be found at https://www.tusoffroad.com.au/pages/privacy-policy. By using this Website and purchasing our Goods and/or Services, you consent to the processing described therein and warrant that all data provided by you is accurate.

9.    Force Majeure
TUS Offroad will not be liable as a result of delay in performance or of non-performance of the Terms and Conditions caused by circumstances beyond its control, including but not limited to acts of God, fire, explosion, flood, machinery or equipment breakdown, accident, war, government action, riots, strikes, lockouts, industrial action, shipping delays or delays by suppliers or contractors due to causes beyond the control of those suppliers or contractors.

10.    Variation
TUS Offroad shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Goods and/or Services and/or any page of this Website.

11.    Severance
If it is held by a court of competent jurisdiction that:
c.    any part of these Terms and Conditions is void, voidable, illegal or unenforceable; or
d.    these Conditions would be void, voidable, illegal or unenforceable unless any part of these Terms and Conditions was severed from these Terms and Conditions, 
that part will be severed from and will not affect the continued operation of the remainder of these Terms and Conditions

12.    Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise: [email protected] “the Manager” if you have any complaints or comments.

13.    Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

14.    Governing Law and Jurisdiction
These terms and conditions are to be construed in accordance with the laws of Victoria, Australia and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of Victoria, Australia.

15.    Entire Agreement
The above Terms and Conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and TUS Offroad. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by a Director of TUS Offroad.

16.    Definition
In these Terms and Conditions:
a)    “Australian Consumer Law” means the provisions contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
b)    “Customer” means any person who has placed an Order with TUS Offroad or requests a quotation from TUS Offroad or purchases Goods or Services from TUS Offroad.
c)    “Goods” means any goods requested by the Customer in an Order.
d)    “GST” has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
e)    “Order” means any order placed by a person for the supply of Goods and/or Services by TUS Offroad.
f)    “Services” means any services requested by the Customer in an Order.
g)    “TUS Offroad” means TUS & TR Pty Ltd ACN 680 909 102 trading as TUS Offroad.