BoatHoist International Website Terms and Conditions
Application of these terms
This website is operated and owned by BoatHoist International Pty Ltd.
By using or browsing this website you accept these terms and conditions as amended from time to time. If you do not accept these terms and conditions you must exit from this website immediately.
If you enter into transactions with BoatHoist International via this website, additional terms and conditions will also apply to those transactions.
BoatHoist International may amend this website at any time, including these terms and conditions. It is the sole responsibility of the user check these terms each time you use this website.
Content of a general nature
The content of this website contains general information that is of a summary nature relating to our products and industry information at the time of its publication.
BoatHoist International does not warrant the accuracy of the content as complete, accurate or up-to-date, nor that access to this website will be without interruption.
You agree that you use this website at your own risk and that you will not rely on its content or accessibility.
Limitation of liability and disclaimer
(a) Some legal obligations imposed by law cannot be excluded or limited. BoatHoist International does not expressly exclude or limit such liability.
(b) Subject to:
(i) clause (a); and
(ii) except as otherwise expressly provided in terms and conditions applicable to specific transactions that may be generated by this website,
you agree that:
(iii) BoatHoist International is not liable to you for any loss (including loss of data), damage, liability, claim or expense including but not limited to legal costs and disbursements arising from your use of this website and whether your claim arises from breach of contract, negligence, breach of statute or otherwise; and
(iv) All terms, conditions and warranties other than those expressly contained in this website are excluded.
Copyright in this website
This website is copyright of BoatHoist International Pty Ltd and you may not make any permanent copy of this website, its content or its computer code.
You agree that all intellectual property in the products shown in this website is the sole property of BoatHoist International and you will not copy, use or seek to register imitations of the products displayed in this website.
All trade marks used in this website are the property of BoatHoist International Pty Ltd and you agree that you must not use any of the BoatHoist International Pty Ltd trade marks (or any mark that is substantially similar to any of them) without the prior written agreement of BoatHoist International.
This website may contain links to websites operated by third parties. You agree that
(a) BoatHoist International does not endorse or recommend the linked site; and
(b) BoatHoist International makes no representation or warranty concerning the accuracy of the content of the linked site.
The laws of New South Wales, Australia governs your use of this website. The user and BoatHoist International Pty Ltd will submit to the jurisdiction of the NSW and/or Australian Federal courts.
BoatHoist International Warranty Terms and Conditions
This warranty is given by BoatHoist International Pty Ltd.
BoatHoist products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and you are also entitled to have the goods repaired or replaced if the failure is not a major failure.
Subject to the conditions of this warranty, BoatHoist warrants the following products will be free from any manufacturing defect in materials or workmanship for the following periods from the date of purchase.
- 3 years for all aluminum structural parts;
- 1 year all electric winches and other electrical parts;
- 1 year for steel bolts, fittings and other steel parts;
- 6 months for all wheel bearings ( no warranty is extended to wheels, tires and tubes).
Requirements for warranty claims
To make a warranty claim you must contact BoatHoist International to arrange the return of the defective product or components to the place where the product was purchased together with the original proof of purchase or receipt.
No warranty claim will be processed without prior contact and proof of purchase.
The cost of returning the defective product or components to the place of purchase will be borne by the person making the warranty claim.
Conditions and Exclusions
This warranty does not apply to:
- any person other than the original retail customer and it is not transferable.
- any defect in materials or workmanship if the product is purchased in a ”used” condition.
- failures caused by inadequate maintenance or non-compliance to fitting instructions and operational instructions.
- any defects, loss or damage caused by conditions beyond BoatHoist International Pty Ltd’s control including, but not limited to any cost, loss, misuse, neglect, accidents, attachment of accessories, act of God, overloading beyond recommended capacity or other improper treatment of the product, including incorrect assembly or fitment by the purchaser, retailer or any other third party;
- any defects or damage caused by modifications to the product or the user's failure to properly secure cargo as recommended by BoatHoist International.
- any consequential or incidental damage, including but not limited to damage to your vehicle, cargo or to any other person or property
BoatHoist International is the sole manufacturer and distributor of our full range of products. Our standard processing and dispatch time is 7 working days from receipt of your order plus delivery time depending on your location. From time to time due to excessive order levels dispatch and/or delivery times may exceed our standard times. Every effort will be made to advise if there is likely to be a delay.
BoatHoist International offers a 14 day money back guarantee on all purchases subject to the purchaser contacting BoatHoist International in writing and BoatHoist agreeing to the return of the product.
The cost of returning the product, and the responsibility of organizing freight ( including insurance) will be borne solely by the purchaser.
BoatHoist General Manager
Nov 2015, rev 1
1) Policy Statement
2) Our Commitment To You
We are committed to protection of your personal information and the purpose of this policy is to ensure that we meet that commitment by managing your personal information in an open and transparent way.
Our aim is to have sufficient practices, procedures and systems relating so that we can ensure that we comply with the Australian Privacy Principles.
The current version of this policy is available free of charge on our website.
3) Why Do We Deal With Personal Information?
We deal with your personal information for a number of reasons, including, to assist you with shopping online with us and to deal with any customer service inquiries.
Personal information is information that identifies you or is reasonably linked to you. The kinds of personal information we collect may include contact and payment information like your name, email and physical address and phone number.
4) Our responsibilities with your personal information.
We won’t collect your personal information unless it is reasonably necessary for our functions or activities.
We won’t collect sensitive information about you unless you allow us to and we need the information for our functions or activities or unless we are required or allowed to by law to do so.
We will only collect personal information in a lawful and fair way.
We will collect personal information about you only from you unless it is not reasonable or practical to do so.
If we are not allowed to collect the personal information, we will promptly destroy it or ensure it is not capable of identifying you.
5) About Your Personal Information
If we collect personal information about you, we will take reasonable steps to make sure you are aware of:
(a) our identity and contact details;
(b) if we collect the personal information from someone other than you or we think you may not be aware that we have collected your personal information, then the fact that we have collected the personal information and how we collected it;
(c) if we are required or allowed to collect the personal information then the fact that we are required or allowed to collect it as well as the details of the law that requires or allows us to collect it;
(d) why we are collecting your personal information
(e) the main consequences for you if we don’t collect all or some of your personal information;
(j) if we are likely to disclose the personal information to someone overseas, then the countries in which they are likely to be located if it is practicable for us to tell you or to otherwise make the you aware of them.
5) Dealing With Your Personal Information for Secondary Purposes
If we hold your personal information that was collected for a particular purpose (the primary purpose), we won’t use or disclose the information for another purpose (the secondary purpose) unless:
(a) you allow us to; or
(b) we are required or allowed to by law;
(c) we believe that the use or disclosure of the information is reasonably necessary
for one or more enforcement related activities conducted by, or on behalf of, an enforcement body and we will keep records of that use or disclosure.
(d) you would reasonably expect us to deal with the information for the secondary purpose:
(e) If we are required to by law, we will take reasonable steps to ensure that the information is not capable of identifying you before we disclose it.
6) Direct Marketing
If we hold your personal information we won’t use or disclose the information for the
purpose of direct marketing without your consent, except as provided below.
We may use or disclose your personal information (other than sensitive information) for
the purpose of direct marketing if:
(a) we collected the information from you;
(b) you would reasonably expect us to use or disclose the information for that purpose;
(c) we provide you the opportunity to easily request not to receive direct marketing communications from us; and
(d) you haven’t made such a request to us.
7) Security of Personal Information
We will take reasonable steps to protect your personal information, including from misuse, interference and unauthorized access or disclosure.
If we no longer need your personal information and we are allowed to do so by law, then we may destroy the information or make sure that itis can no longer identify you.
8) Access to Your Personal Information
You may ask us for access to your personal information. Please direct any requests for access to your personal information to our Privacy Officer whose contact details are provided on our website.
There are some times when we won’t give you access to your personal information,
they are when:
(a) we reasonably believe that giving access would pose a serious threat to the life,
health or safety of any person, or to public healthor public safety;
(b) giving access would have an unreasonable impact on the privacy of another person or proceedings;
(c) if we are allowed or required by law not to give you accessor giving access would be likely to prejudice the taking of appropriate action in relation to the matter;
9) Correction of Personal Information
We will take reasonable steps to correct your personal information if we believe it is inaccurate, out of date, incomplete, irrelevant or misleading or if you ask us to correct it.
If we correct your personal information that we disclosed to someone else and you ask us to notify them of the correction, we will take reasonable steps to give that notification unless it is not practicable or the law requires us not to.
10) Overseas Disclosure of Personal Information
Before we disclose your personal information to someone overseas we will take reasonable steps to ensure that they don’t breach the Australian Privacy Principles in relation to your personal information. Please note however, that this won’t apply when you consent to us disclosing your personal information in that or if we are allowed or required by law to make an overseas disclosure of your personal information.