Website Terms of Use

The warranty is provided by THORNADO (ABN: 83 146 014 324) ("The Company") for the customer sole benefit. To be eligible to make a claim under this warranty, customer must retain the purchase receipt. The warranty applies only to the original retail purchaser. The compan

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

i. INTERPRETATION

In these terms and conditions unless the context otherwise requires:
(i) “The Company” means THORNADO A.B.N. 83 146 014 324, which expression shall include any or all companies related or any subsidiary successors and assigns of THORNADO.
(ii) “The Customer” means the person (including his successors, representatives and permitted assign) purchasing equipment from the Company and where there is more than one Customer the covenants on their part contained herein shall be deemed joint and several covenants.
(iii) “Equipment” means all or any equipment or any other goods of any kind whatsoever purchased by the Customer from the Company.
(iv) The receipt of the Equipment by the Customer constitutes unconditional and complete acceptance of the Company's terms and conditions. Any written acceptance of an order will constitute the creation of a contract binding the Customer to the Company's terms and conditions.

ii. GENERAL

These terms and conditions are deemed to be incorporated into all contracts for the supply of Equipment to the Customer and supersede all terms and conditions previously issued by the Company. The Company is only prepared to sell Equipment upon these terms and conditions and no contract for the sell of Equipment shall exist between the Company and the Customer except upon these terms and conditions unless their exclusion or modifications are agreed to in writing by the Company. Any order placed by the Customer is deemed to be an order incorporating these terms and conditions notwithstanding any inconsistencies in the Customer’s order.

 

1. CUSTOMER IDENTIFICATION AND VERIFICATION

1.1 Upon pick up the item, the Company reserves the right to verify the Customer and Customer's identity by any means needed to do so. The Customer agrees to provide the Company with any relevant identification documents or other documents that can help verify Customer's identity. These documents include but are not limited to Australian or international driver license, Australian or international passport, Australian birth certificate, Australian or international credit card, student card, utility bills, bank statements and/or any other relevant documents.

1.2 If the Customer does not provide the Company with relevant documents, the Company reserves the right not to enter the sales contract. The Company shall not be liable for any loss this will cause to the Customer.

 

2. PAYMENT

2.1 All fees must be paid prior to the sending or pick up the Equipment unless otherwise expressly agreed to by the Company. In cases where fees are being paid by bank transfer, a receipt of such transfer has to be provided during Equipment collection in order to fulfill the order. The Company may refuse to release the Equipment unless the evidence of a payment is present.
2.2 The Company reserves the right not to refund the customer if the equipment is return back not in the original condition.

2.3 The Company reserves the right to refuse to supply Equipment to the Customer in the event that the Customer fails to comply with the Company’s terms of payment.

 

3. DELIVERY

3.1 All machinery equipments will be sent via Australia Post or road express courier with tracking number and signature required on delivery.

3.2 The company will endeavour to dispatch the equipment within 1 day after payment has been confirmed.

3.3 If the equipment is returned due to insufficient address or unsuccessful delivery, the company will charge another shipping fee to resend the item.

3.4 If the delivery of the equipments is unsuccessful, the customer have to pick up the equipment from the local depot. If the customer would prefer a second delivery, the customer will need to contact the company to authorise a second delivery. Second delivery charges would then apply.

3.5 Whilst the company will use its best endeavours to deliver the goods in accordance with the buyers requirements, the company will not be liable for any consequence of late delivery however caused. 
 

4. WARRANTY

The warranty is provided by the company for the customer sole benefit. To be eligible to make a claim under this warranty, customer must retain the purchase receipt. The warranty applies only to the original retail purchaser. The company guarantees to the buyer that the equipment will be free from defects caused by faulty materials or poor workmanship for a period no longer than twelve months from the date of delivery.

4.1 Warranty Period

The warranty period for the equipment commences on the date of sale of the equipment and expires at the end of the applicable period set out below.

  • For personal, domestic or household use – 12 months;
  • For professional, commercial and government use (including use in contracting, forestry, farm forestry, industrial applications, hire and rentals) – 3 months.

As far as law permits, the Warranty Period will not be extended, renewed, or transferable with subsequent resale, repair or replacement of the item. Repaired parts will be warranted for the remainder of the original Warranty Period, or for the thirty (30 days) from the date of repair, whichever is longer.

4.2 Warranty Exclusions
The warranty does not apply to, or in any way cover:

  1. Cosmetic damage such as the exterior finish that do not affect the functionality of the equipment;
  2. Exposure to abnormally corrosive conditions;
  3. Normal wear and tear of anvils, blades, hooks, or other parts and dulling of cutting edges;
  4. Any failure arising from abnormal or improper use of the equipment;
  5. Any failure arising from use of the equipment in a manner contrary to law;
  6. Any failure arising from accident, natural disaster, abuse, sabotage, vandalism, misuse, lack of maintenance, contaminated fluids or neglect or failure to operate, store and/or maintain the equipment in accordance with instructions provided in the Instruction Manual supplied with the equipment.
  7. Any parts or services required for the normal and regular maintenance of the equipment e.g. lubricants, engine tune-ups etc;
  8. Any damage to, or seizure of, the equipment due to engine tuning different from that set out in the Instruction Manual supplied with the equipment;
  9. Any failure arising from the use of incorrect fuel or fuel and oil mix for the engine or incorrect chain and bar oil for the oil pump, or incorrect lubricating oil in a four stroke engine;
  10. Any failure arising from any unauthorised assembly, repair or modification of the equipment by any person;
  11. This warranty does not cover service costs in replacing and maintaining consumable part which have ceased working through normal wear and tear.

4.3 Warranty Claim

Should service become necessary during the warranty period, the purchaser should do at their own expense in the following way:

  1. The customer must inform the company as soon as the warranty claim arises and provide a written description of the fault and the receipt number;
  2. The company service department will issue a return merchandise authorization number (RMA number);
  3. The customer must send the equipment back to the company including the original proof of purchase and the RMA number (The company will not accept the return of any item/s without an RMA attached) and your written description of the fault; and
  4. Subject to the applicable consumer laws in your jurisdiction, the customer must pay for all packing, freight and insurance cost for transit of the product back to us. Upon receive your item, the company will inspect prior to any resolution being provided. If the warranty claim is accepted, the company will, subject to the applicable consumer laws in your jurisdiction, at its cost:
  5. Repair or replace any faulty parts or rectify any faulty workmanship; and
  6. Return the equipment to the customer.

The company may not accept the warranty claim in cases where the customer has contributed to the failure, or been misleading in their description of their issues. Where freight costs were incurred by the company to return customer item for inspection, reimbursement to the company may be required prior to releasing the goods. The item is also to be returned to the customer at the customer’s expense. Where item was purchased with free postage, freight costs are to be set at 20% of the item cost. Payment to be made to the company within 14 days of being notified of warranty rejection. Storage fees to apply beyond 14 days at 5% of the original product cost until the credit expires. Where money is owed to the company for repairs and/or postage, the company is entitled to hold onto the item until payment is made.

 

The Fine Print

Products sold by the company are not intended for use where fail-safe operation is required. As with any electronic or mechanical equipment such as an automobile, aircraft, computer or consumer good, there is always a small chance of a technical issue that needs to be repaired or may require replacement of the equipment or a part. If the possibility of such failure and the associated time it takes to rectify could in any situation inconvenience the user, business or employee, or could financially effect the user, business or employee then the product is not suitable for your requirements. This equipment is not for use where incorrect operation or a failure of any kind, including but not limited to a condition requiring product replacement, service by a technician or replacement of parts could cause a financial loss, loss of employee time or an inconvenience requiring compensation.

 

5. RETURN/EXCHANGE OF EQUIPMENTS

5.1 Except where otherwise agreed by the Company, equipments are to returned within 7 days after receiving the notification and confirmation from the company.

5.2 The customer agree to pay all postage cost for return or refunds.

5.3 The customer agree to securely packed to ensure the equipment is received back by the company in original and re-saleable condition.

5.4 The customer agree to the handing fee associated with the return of equipments. The handling fee of $9.95 applies for item weight between 0-25kg and $19.95 for 25kg and above. Some equipment can be offered with free delivery. Please be aware that if customer returns one of these equipment, the company actual delivery costs will be deducted from the refund. So if customer decides to return the equipment then the company will refund the purchase price, less the delivery costs and handling fee.

 

6. COMPANY LIMITATION OF LIABILITY

6.1 Save as expressly provided for in this contract the Company shall not be liable to the Customer or the Customer’s servants or agent for any direct, indirect, incidental or consequential loss, injury or damages of any nature howsoever caused (whether based on tort contract or otherwise) including but not limited to loss of profits, loss of production, loss of sales opportunity or business reputation, direct or indirect labour costs and overhead expenses and damage to equipment or property or any other claim whatsoever arising directly or indirectly or in any way attributable to the performance of or failure to perform this contract whether resulting from the negligence of the Company, its servants, agents or otherwise. Without limiting the generality of the foregoing all deterioration of and/or damage to the machinery of any description while in the Customers possession is the responsibility of the Customer. The provisions of this Clause shall not apply insofar as their applications is prevented by the Trade Practices Act 1974 or any other State or Territory laws.
6.2 The Customer agrees to indemnify and to keep indemnified the Company and the Company’s servants and agents against any claims actions, suits and demands brought by third parties arising out of the use of the Customer of the Equipment or otherwise arising out of or in connection with this contract.
6.3 Notwithstanding anything herein contained and subject to the qualifications contained in Section 68A of the Trade Practices Act 1974 and Section 110 of the Goods (Sales and Leases) Act (Vic) 1981 if the Customer is a “consumer” as defined in the Trade Practices Act or the transaction being performed under this contract is a “lease” as defined in the Goods (Sales and Leases) Act and the Equipment being supplied herein is other than of a kind ordinarily acquired for personal domestic or household use or consumption the liability of the Company for a breach of a condition or warranty implied by Division 2 Part V of the Trade Practices Act or Division 3 of the Goods (Sales and Leases) Act being a condition or warranty implied by Section 69 of the Trade Practices Act or Section 103 of the Goods (Sales and Leases) Act is limited at the Company’s option to the replacement of the Equipment or the supply of equivalent Equipment or the repair of the Equipment.

 

7. GOVERNING LAW AND JURISDICTION

These terms and conditions and the contract governed thereby shall be governed by and construed in accordance with the laws from time to time, of the State of NSW which is where the head office of the Company is located and any proceedings shall be brought and heard in Sydney.

 

8. COPYRIGHT
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the Australia and other copyright laws, and is the property of the company. The collective work includes works that are licensed to the company. Copyright 2013, THORNADO ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with the company or purchasing the company products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with the company or to purchase the company products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by the company. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


9. TRADEMARKS
All trademarks, service marks and trade names of Thornado used in the site are trademarks or registered trademarks of the company.


10. TYPOGRAPHICAL ERRORS 
In the event that the company product is mistakenly listed at an incorrect price, the company reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. the company reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, the company shall issue a credit to your credit card account in the amount of the incorrect price.


11. TERMINATION
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by the company without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


12. NOTICE
the company may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to the company.


13. USE OF SITE
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a company or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


14. PARTICIPATION DISCLAIMER
The company does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, the company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, the company reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to the company in its sole discretion.


15. INDEMNIFICATION 
You agree to indemnify, defend, and hold harmless the company, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


16. THIRD-PARTY LINKS
In an attempt to provide increased value to our visitors, the company may link to sites operated by third parties. However, even if the third party is affiliated with the company, the company has no control over these linked sites, all of which have separate privacy and data collection practices, independent of the company. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, the company seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).