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1.1 TERMS & CONDITIONS

“By accessing and using the Hastings Marine website at www.hastingsmarine.com.au, you are accepting and consenting to the practices in these terms of use. Hastings Marine (we, our, us) means its successors and assigns or any person acting on behalf of and with the authority of Watsons Caravans Trading as Hastings Marine, ABN 54 002 551 411.

Any instructions received by Hastings Marine from the customer for the purchase of our products and/or the customer’s acceptance of the products supplied by Hastings Marine shall constitute acceptance of these terms and conditions contained herein.”

Hastings Marine reserves the right to change these terms and conditions at any time and without notice. Any such changes are effective immediately. It is your responsibility as the user to read and understand changes to the terms and conditions. The terms and conditions are relevant until terminated by Hastings Marine. Hastings Marine reserves the right to terminate these terms at any time without notice. Hastings Marine reserves the right to terminate any part of the website, any users access, any products provided or the Website as a whole. If you do not agree to be bound by these terms and conditions, you cannot use the Hastings Marine website.

2.1 DISCLAIMER

The information contained on this website is provided in good faith on an “as is” basis. Hastings Marine does not represent or warrant to the reliability, accuracy or completeness of the information contained on this website. To the extent permitted by law, Hastings Marine is not responsible or liable for any Liabilities (direct, indirect or consequential losses and damages) arising in any way (including without limitation negligence) for errors in, or omissions from, the information on this website. However, Hastings Marine will endeavour to correct any inaccuracies on the website once Hastings Marine becomes aware of them.

Illustrations and photos contained on this website are sample representations of the products advertised, and variations may occur from time to time.

To ensure you purchase products suited to your exact need and purpose, we strongly recommend that you speak either face to face or over the phone with a member of Hastings Marine.

3.1 PRICES

All prices quoted in this website include Goods and Services Taxes (GST). At Hastings marine, we make every endeavour to maintain prices for the life of our catalogues. However, factors beyond our control (such as changes in foreign currency exchange rates, changes in base material costs etc.) may vary costs and we reserve the right to amend prices accordingly.

4.1 STOCK AVAILABILITY

At Hastings Marine we are constantly seeking new products and due to the rapid developments within the marine and electronics industry some products in this catalogue may become obsolete or discontinued during its life. In the event of this happening we apologise for the inconvenience and where possible will substitute a similar product of equal or better quality.

5.1 ACCOUNT FACILITIES

We do not run account facilities.

In the event that Hastings Marine needs to recover monies owed then the full balance on the account becomes due and payable and all costs of recovering this money will be borne by the debtor to the extent permitted by law.

6.1 TRADE CODE

If you are professionally engaged in some aspect of the marine or leisure industry on a daily basis, you may qualify for a Hastings Marine Trade Code. This facility is available in store including online, to provide you with the opportunity to purchase at special trade prices. Simply call into Hastings Marine and ask the manager or if you are an online customer email us at john@hastingsmarine.com.au. (Not available for transactions outside Australia.)

7.1 STORE LOCATIONS AND HOURS

For current trading hours visit the stores page on our website: www.hastingsmarine.com.au

8.1 LINKS

This website may contain links to external websites that are not operated by Hastings Marine or our related corporate bodies. Hastings Marine does not make any endorsements, or representation as to the accuracy of information contained within those websites. These links are provided for your convenience only and you agree that:

8.2 We make no representation or warranties, or have any responsibility or liability for those websites;

8.3 products or services that are provided at those sites

8.4 You access and use the products and services made available at those sites solely at your own risk.

9.1 INTELLECTUAL PROPERTY

9.2You acknowledge that the copyright on the website, the software, design, text and graphics comprised in the Site, the selection and layout of the website and the content and materials on the website (together, the “Materials”) are owned by or licensed to us.

9.3 You must not modify, copy, adapt, store in a retrieval system, reproduce, upload, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent.

9.4 You must not frame or embed in another website any of the material appearing on this Site without our prior written consent.

9.5 You may store a reproduction of the content on this website on your local computer for the sole purpose of viewing the content and Materials and print hard copies of the content and Materials for the sole purpose of viewing and purchasing products but not for any other use, including commercial use.

9.6 This website contains registered trademarks and other trademarks which are protected by law.

9.7 You must not use any of the marks or trademarks appearing on the website or our name or the names of our related corporate bodies without our prior written consent.

9.8 You must not use any of the other company, product and services marks on the website that are owned by other third parties (including our suppliers) without obtaining the relevant third-party owner’s consent.

10.1 ONLINE ORDERS

10.2You may order products by selecting and submitting your order through the Online Store in accordance with these terms and conditions. Any order placed through this Online Store for a product is an offer by you to purchase the particular product for the price notified, plus any charges or taxes (i.e. GST & delivery).

10.3 We reserve the right to accept or reject your order for any reason, including (without limitation) if the requested product is not available or if there is an error in the price or product description posted on the website.

10.4Each order placed for products through the Online Store that we accept results in a separate binding agreement between you and us for the supply of those products. For each order accepted by us, we will supply the products in that order to you in accordance with these terms and conditions.

10.5 If we reject an order placed through the Online Store, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.

11.1 CANCELLING ONLINE ORDERS

11.2. Prior to the dispatch of an order, we may cancel all or any part of an order (including any orders that we have accepted) without any liability to you for that cancellation if:

(1) The requested products in that order are not available

(2) There is an error in the price or product description posted on the website in relation to the relevant product in that order.

(3) That order has been placed in breach of these terms and conditions.

11.3 If we cancel all or any part of an order then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order if we cancel it before the delivery date or if you are not at fault or in breach of these terms and conditions.

11.4 Prior to the dispatch of an order, you may cancel all or any part of an order (including orders that we have accepted but excluding special orders) due to circumstances beyond your reasonable control (e.g. loss of employment, serious injury or illness) but not if you simply change your mind, without any liability to us for that cancellation. If you do, then you must provide us notice (including reason) before the dispatch of an order. You cannot cancel all or any part of an order after the order has been dispatched by us.

12.1 SPECIAL ORDERS

12.2‘Availability: In Stock’ does not necessarily mean an item is in-stock at Hastings Marine, it may be available at a supplier or warehouse. If your requested product has to be ordered from a supplier or warehouse, your order will be deemed a ‘special order’ and you will be notified.

12.3 Prior to us ordering your requested product from the relevant supplier or warehouse, you may cancel all or any part of an order (including orders that we have accepted) due to circumstances beyond your reasonable control (e.g. loss of employment, serious injury or illness) but not if you simply change your mind, without any liability to us for that cancellation. If you do, then you must provide us notice (including reason) before we process your special order. You cannot cancel all or any part of an order after your requested products have been ordered by us.

13.1. MAIL ORDER & INTERNET PURCHASES - special conditions apply

13.2 Goods - Aerosols, flammable, products containing lithium batteries, heavy and bulky items cannot be sent by post.

13.3 Payment - via cheque, money order or credit card (*MasterCard, Visa, *Credit card surcharges may apply.)

13.4 Minimum Order Value - Mail order purchases have a minimum order value of $10..

13.5 Freight - Various freight options and rates are given on the order form. After selecting the freight option that suits you, please clearly mark it and add these additional changes to the total on your order. Goods cannot be delivered to a post office box via road or air courier service.

13.6 Missing or Damaged Goods - We’ve found road and air transportation equally as reliable. However it must be emphasised that our responsibility for the goods ceases when the goods are handed over to the nominated carrier. Risk on the goods passes to you when the goods leave our warehouse. Loss of goods in transit is at your own risk. All claims for missing and damaged goods in transit must be lodged with the carrier or local Post Office.

13.6 Order Acceptance Policy - Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Hastings Marine reserves the right at any time after receipt of your order to cancel your order in full, or part of your order, for any reason. Reasons for cancelling include but are not limited to an error in the price or the product description posted, product availability or if your order has breached our terms and conditions. If your order has been cancelled we will contact you within a reasonable time frame.

14.1. PRICE

The prices of products and delivery and other charges displayed on Hastings Marine’s website are current at the time of publication; however, Hastings Marine reserves the right to changes prices at any time, without notice. If this should happen after you have ordered a product, we will contact you prior to processing your order. All prices shown on Hastings Marine’s website are in Australian Dollars (AUD).

14.2 We will charge you, and you agree to pay, the following fees and charges in relation to 14.3 The purchase price of each product that is ordered

14.4 The delivery fee for delivering the products to you

14.5 Any other fees and charges set out in these terms and conditions. All fees and charges identified in these terms and conditions and all prices for the products as shown on Hastings Marine’s website are inclusive of GST (unless otherwise indicated).

14.6 You acknowledge that we are not required or obliged to match any prices for any products, including matching any prices for a product that is available through Hastings Marine’s website at our store or vice versa.

14.7 Any orders placed on items with incorrect prices due to data entry error can be cancelled, refunded or refused by Hastings Marine.

14.8 You acknowledge that if Hastings Marine are required (through no fault of its own) additional products, assistance, or services in relation to a product purchased by you under the terms and conditions of this website, then, Hastings Marine may be entitled to charge you additional costs and, if that is the case, we will advise you prior to processing your order”

15.1. PROMOTIONS & DISCOUNTS

Discounts apply to original prices for a limited time only. Not valid in conjunction with any other offer. No transfers. No rainchecks. No further discount codes allowed. Any order found using additional codes will be cancelled without notice. Discount/promotion cannot be applied after the order is confirmed, paid, or processing. Hastings Marine reserves the right to change prices without notice, at our discretion. The sale price of the product will only be honoured at the time of the product being purchased at the sale price (i.e. if the item later goes on sale after a full price purchase, we are not required to offer the item at a cheaper price). We reserve the right to withdraw any product from sale without notice, for any reason. However, for various reasons, that product might still appear on our website for a period of time after that withdrawal. We make no undertaking that a product shown on this website will be available for purchase online or in store.

16.1. WARRANTY AND LIABILITY

“Hastings Marine will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from use or inability to use the website or for the cost of procurement of substitute products or resulting from any products purchased or obtained or messages received or transactions entered into through the website or resulting from unauthorized access to or alteration of your transmissions or data or of any information contained on this website, including but not limited to, damages for loss of profits, use, data or other intangible, even if we have been advised of the possibility of such damages.

Where any Act of Parliament implies in the Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in the Terms and Conditions, however, the liability for us on any breach of such term, condition or warranty shall be limited, at our option, to any one or more of the following:

16.2 All products are covered by a manufacturer’s warranty. The period of warranty varies from product to product, but many carry a One Year, Two Year, Five year, or other limited warranty. These items are identified and warranty periods detailed on supplier website.

18.2 If any defect in materials or workmanship in a product sold by Hastings Marine is identified and notified to us within the warranty period then we will, at our discretion repair or replace the product.

16.3 Hastings Marine does not accept any liability beyond this for consequential loss.

16.4 Warranty is subject to us being satisfied that a defect was caused by defective workmanship or materials and was not caused by or was not substantially contributed to by other factors beyond our control, including (but not limited to): defective installation, maintenance, or repair; alterations or modifications of the product in a manner not recommended by the manufacturer; or any neglect, misuse or excessive use.

16.5 The original Sales Invoice or cash receipt must accompany warranty claims to provide starting date of the warranty period (if you have lost your receipt we may have a copy in store but cannot guarantee this).

16.6 If it is deemed the product supplied by Hastings Marine amounts to a major failure, then you are entitled to a full replacement or refund of the product. If it is deemed that the product purchased and supplied by Hastings Marine amounts to a minor failure, then we reserve our right to remedy the failure within a reasonable timeframe by repairing or replacing the minor failure at our discretion.”

16.7 Where freight expenses are incurred for the return of a faulty product, these expenses are not refundable (i.e. any rehandling charges incurred either to or from the service department will be at the customer expense).

17.1. RETURNS

17.2 Unless you notify Hastings Marine to the contrary by email, telephone, within fourteen (14) days of delivery of any products and such notification is confirmed in writing within seven (7) days of its receipt by Hastings Marine, the products shall be deemed to have been accepted by you.

17.3 Hastings Marine will accept product returns and provide you with (at Hastings Marine discretion) a replacement product (subject to availability) an exchange voucher, refund or repair where:

(1) The product delivered is faulty or is not of merchantable quality; or

(2) The product delivered is not fit for its intended purpose

(3) The product delivered does not match the description on the website.

17.4 If the Product delivered is faulty, not of merchantable quality, not fit for its intended purpose, does not match the description on the website or is covered under a warranty from the manufacturer, then please contact us on 0265835511 or email accessories@hastingsmarine.com.au and one of our team will assist with your request. To enable us to evaluate your return request, please ensure you have the following information (1) Your name and contact details

(2) The order number or invoice number

(3) A detailed description of the problem or the reason for your request to return the product

(4) Photograph of product that is damaged during transportation (if applicable forward photographs to accessories@hastingsmarine.com.au

17.5 We will evaluate your return request and if you are successful, we will send you full return instructions and the return address. If we feel the problem described requires clarification we may contact you to clarify in order to provide more efficient service.

18.1. SHIPPING & DELIVERY

All Freight is calculated at the time of your order.

Customers will receive a text message confirming the delivery address and when the product is posted or expected to arrive.

19.1 DELIVERY TIME FRAMES

Due to current pandemic conditions the below is a guideline only.

Please allow 3-5 business days for your order to be processed. To ship your order, we use a selection of courier services. Please allow, after the confirmation of dispatch, 2 – 5 business days for delivery if you live in a metro area and 2 – 7 business days for delivery if you live in a regional area. Courier deliveries are made during business hours, Monday to Friday only. Delivery time frames and cost of delivery vary by postcode.

We are not responsible for any late delivery or failure to delivery due to circumstances beyond our reasonable control. For certain products, items may be delivered directly to you by Hastings Marine’s supplier.

It is the customer’s responsibility to calculate how long the product may take to arrive to your delivery address, and if the product is being purchased for a specific event (i.e. a gift or surprise or other relevant event) then the customer must ensure that they place their order with sufficient time to ensure the product will arrive in time for the event. The customer bears the risk of timely delivery for last minute orders.”

20.1 REASONS FOR ORDER DELAYS

Incorrect payment information was entered against the order. Please double check all details at the time of checkout as your order will only be processed upon receipt of payment.

In the event an order is flagged for verification, we may need to get in contact via phone before dispatching some orders. Personal details may need to be confirmed for fraud prevention if we are unable to verify the shopping destination to protect the card holder, and this may delay shipping.

Entry of an incorrect or incomplete address during checkout

If a product is in high demand, we may need to supply product from outside our standard delivery network. This can cause delays in dispatch if orders are directed to our suppliers etc. If your order is not received within the quoted delivery period please check your order’s progress via the appropriate shipping company’s tracking portal and using the consignment number we provided you.

Alternatively, contact our Team on 0265835511 (within Australia) or email them at accessories@hastingsmarine.com.au. We will generally respond to emails within 24 hours during our normal business Hours.

MORE INFORMATION

P.O. BOXES

We delivery products to P.O boxes except for bulky / oversized items or dangerous goods.

21.1. BULKY / OVERSIZED ITEMS

At checkout, you will be notified of shipping cost for your approval. Items marked as heavy/bulky include Mercruiser drive gearboxes and exhaust manifolds, large electric motors and electric anchors, heavy, Awkward or bulky consignments.

Please note:

As we use couriers to deliver some parcels, products will not be delivered to an unattended address. The courier will require a signature from an occupant at the specified delivery address at the time of delivery. If no one is available to sign for any parcel, a card will be left and the parcel will be re-directed to the nearest Courier depot. You will then be responsible for collecting the parcel from that depot or paying an additional charge for pre-delivery.

We recommend all deliveries be shipped to a location that is attended during business hours, whether that is a home, work or other address, to minimize any re-delivery delays and/or fees.

You may incur additional delivery fees/freight charges within the checkout (in excess of the fees and charges specified above) for: 0265835511

Large quantity or bulk orders. Express or urgent deliveries; or Non-stock and/or bespoke items.

22.1. VIRUSES

22.2 Hastings Marine does not claim that any information (including any files) obtained from or through the website is free from viruses and other faults or defects. You are responsible for scanning any information for viruses. You agree that Hastings Marine has no responsibility or liability to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the direct or indirect result of any such information. If Hastings Marine is found to be liable this will be limited to the cost of supplying the information again.