Terms and Conditions

Car Hoist

CONDITIONS OF TRADE

1. PURPOSE & APPLICATION
1.1. This Agreement, as constituted by these Conditions, is a Security Agreement
for the purposes of the PPSA and the Goods and Services are supplied
subject to these Conditions, which, together with any signed Order Form. 1.2. If more than one person is the Customer those persons contract jointly and
severally for themselves and each other. 2. GOVERNING LAW & AUSTRALIAN CONSUMER LAW
2.1. These Conditions are governed by and construed in accordance with the
laws of Victoria, Australia. 2.2. Nothing in these Conditions is intended to exclude, restrict or modify rights which the Customer may have under the ACL or any other law. 2.3. If any provision of these Conditions is invalid under the ACL or any other law,
that provision is enforceable to the extent that it is not invalid, and if it is not
possible to give that provision any effect at all, then it is to be severed from
these Conditions and the remainder of these Conditions will continue to have
full force and effect. 3. QUOTATIONS & PRICES
3.1. A Quotation is not binding on the parties. 3.2. Quotations and Prices are exclusive of GST and other government charges. 3.3. By the Customer signing the Order Form, the Customer accepts and
becomes bound by terms of the Order Form and the Price becomes binding. 4. PAYMENT
4.1. The Customer will pay the Price at least two days before the proposed date
of dispatch of the Goods unless the Supplier agrees to supply Goods on
credit. 4.2. There is no right of set-off in respect of any claims against the Supplier. 5. CANCELLATION
5.1. If the Customer fails to pay any portion of the Price by its due date or breaches any other provision of these Conditions, the Supplier may cancel
the Order and retain any portion of the Price already paid. 5.2. If the Supplier has reason to believe that it will be unable to supply the Goods or Services to the Customer within a reasonable time or at all due to
circumstances beyond its control, the Supplier may, without penalty, cancel
the Order and the Customer will be entitled to a refund that portion of the Price already paid. 5.3. If the Customer cancels an Order, the Customer will pay the applicable
cancellation fee specified in the Order Form or, if no cancellation fee is
specified, the Customer will reimburse the Supplier its out-of-pocket expenses arising from the cancellation. 6. RISK
Risk of loss and damage to the Goods passes to the Customer upon the Goods leaving the Supplier’s Premises. 7. RETENTION OF TITLE & PPSA
7.1. The Supplier retains ownership of the Goods until the Price is paid in full. 7.2. The Customer acknowledges and agrees this Agreement is a Security
Agreement for the purposes of the PPSA and that the Supplier may, without notice to the Customer, will register its Security Interest in the Goods and
their proceeds as a Purchase Money Security interest on the Register. 7.3. Where the PPSA applies to action taken by the Supplier in relation to the
goods, the Customer waives its right to receive any notices required under section 95, 118, 121, 130, 132 or 135 of the PPSA. 7.4. The Customer waives its rights under section 157 of the PPSA to receive
notice of a Verification Statement. 8. DELIVERY & INSURANCE
8.1. The costs of delivery of the Goods to the Site are for the Customer’s account. 8.2. The Customer is responsible for arranging and paying for any insurance of
the Goods it requires, including insurance during the delivery period. 8.3. Any time quoted for delivery is an estimate only. 9. WARRANTIES & LIMITATION OF LIABILITY
9.1. The Supplier warrants that the Goods and Services comply with the warranties included in any Warranty Document. 9.2. To the extent permitted by the ACL or any other law, all other guarantees, warranties, undertakings, or representations expressed or implied, whether arising by statute or otherwise, which are not given in these Conditions or any
Warranty Document are expressly excluded. 9.3. If the Customer is a Consumer and any Goods supplied by the Supplier are
not goods of a kind ordinarily acquired for personal, domestic or household
use or consumption, the Customer agrees that the Supplier’s liability for a
failure to comply with a consumer guarantee under the ACL in relation to
those Goods (other than a guarantee under sections 51, 52 and 53 of the ACL) is limited to, at the option of the Supplier, one or more of the following: 9.3.1. the replacement of the Goods or the supply of equivalent goods;
9.3.2. the repair of the Goods;
9.3.3. the payment of the cost of replacing the Goods or of acquiring
equivalent goods; or 9.3.4. the payment of the cost of having the Goods repaired. 9.4 If the Customer is a Consumer and any of the Services supplied by the with a consumer guarantee under the ACL in relation to those Services is limited to, at the option of the Supplier: 9.4.1 the supply of the Services again; or 9.4.2. the payment of the cost of having the Services supplied again. 9.55If the Customer is not a Consumer, the Supplier will not be liable in any
circumstances for any: 9.5.1. Loss or damage to any property or person whatsoever resulting from the
provision of the Goods or Services;
9.5.2. Loss arising from delay in delivery; or 9.5.3. Consequential Loss. 9.6. The Customer is responsible for ensuring that the flooring or structure upon which the Goods are to be mounted meets the minimum specifications set out in the Order Form and, to the extent permitted by law, the Supplier will not be liable for any loss or damage caused by the failure of the flooring or structure to meet those minimum
specifications. 10. INTELLECTUAL PROPERTY & CONFIDENTIALITY
10.1 All Intellectual Property of the Supplier, including any developed during the supply of
the Goods or Services, is the sole property of the Supplier. 10.2 All information supplied to the Customer by the Supplier will be treated as
confidential except to the extent that it becomes public knowledge, and the Customer will not disclose such information to a third party without the prior written
consent of the Supplier or as required by law. 10.3 The Customer agrees to the Supplier sending marketing material and other Goods and Services related communications to the Customer. 10.4 The Customer may opt out of communications at any time. 10.5 Any personal information about the Customer will be held in accordance with
statutory requirements for the keeping of such information. 11. DISPUTE
If a dispute arises between the Supplier and the Customer under these Conditions, either party may give the other party written notice of the dispute and each party will appoint a representative to engage in good faith discussions to resolve the dispute. If a dispute is not resolved by good faith discussions it will be settled by a competent court of Victoria, Australia. 12. WAIVER
A single or partial exercise or waiver of a right relating to these Conditions will not
prevent any other exercise of that right or the exercise of any other right. 13. DEFINITIONS
ACL means The Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth);
Conditions means the Conditions of Trade set out in this document;
Consequential Loss means loss of revenue, profits or business opportunity and any
form of , special, indirect, punitive or exemplary loss or damages;
Consumer has the meaning prescribed to it in the ACL;
Customer means the person or entity named in the Order Form as purchaser of the Goods and/or Services, or any person or entity acting on their behalf;
Goods means the goods specified in the Order Form;
GST has the meaning prescribed to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (as amended);
Intellectual Property means all rights resulting from intellectual activity and includes
copyright, inventions, patent rights, registered and unregistered trademarks, design
rights, circuit layouts and all rights and interests of a like nature, including but not
limited to methods and techniques, together with any documentation relating to such
rights and interests;
Loss means any liability, including any loss, claim, damage, demand, injury or death, and any penalty imposed by a statutory or other authority;
Order means an order for Goods and/or Services set out in the Order Form;
Order Form means the document entitled “Order Form” and which constitutes a Tax
Invoice for the purposes of A New Tax System (Goods and Services Tax) Act 1999
(Cth) (as amended);
PPSA means the Personal Property Securities Act 2009 (Cth);
Purchase Money Security Interest, Register, Registration, Security Agreement, Security Interest and Verification Statement have the meanings prescribed to
them in the PPSA;
Price means the price specified in the Order Form for the Goods and / Services and, unless otherwise agreed in writing, excludes delivery costs;
Quotation means any quotation for the provision of Goods and/or Services;
Services means the services specified in the Order Form;
Site means the location for the supply of the Goods and/or Services;
Supplier means Tufflift Imports Pty Ltd (ABN 40 150 601 166), trading asTufflift
Hoists Australia and/or its affiliated companies; and
Warranty Document means any document

Testimonials

Hello Tufflift, Our business is involved in Paint Protection of cars & as such we require our hoist to be utilised all day every day! Our Tufflift hoist was installed nearly 12 months ago & has not missed a beat. We are very happy that we can use our hoist to work on our cars at what ever level is required, as opposed to rolling around on the ground trying to polish.

Vini & Anna, Sa
Banner Pattern

I have a two post hoist great for maintenance but very cumbersome for storage to improve floor space in the shed. The opportunity to create a mezzanine with a (TL3.6PH-H) four post hoist has increased my parking undercover so now I can go shopping to fill the space. My wife seems to be the only one who does not support the idea!! Good value/great hoist.

Paul, Vic
Banner Pattern

Prompt delivery, easy to unpack and it was all there. I read the instructions twice, just to make sure and then put it together in a day by myself, just using basic tools and an engine lifter. Nice relaxed day. All I have to do is fit the motor and hook up the hydraulics, could not be happier.

Paul, Tas
Banner Pattern

CONTACT US

For enquiries, please reach us using the form below.
TuffLift car garage