Don Morton Marine Pty Ltd ABN 21 133 573 789 is committed to delivery of the best of consumer experience. By entering into a contract for supply with Don Morton Marine Pty Ltd trading as Don Morton Power & Propulsion, from this point forward referred to as DMMPL, you, the Consumer, confirm your mutual consent and understanding of these Terms and subsequently also your agreement to be bound by these Conditions subject to the jurisdiction and laws of the relevant state and federal statutory bodies. To ensure that the interests and rights of both you, the Consumer, and DMMPL are protected in accordance with the laws enforceable in the State of South Australia please familiarise yourself with these Terms when placing a request for the supply of spare parts, engines, boats, trailers, products generically termed major units or other such similar products or associated labour and components.
In Australia, statutory consumer protection laws, including the Competition and Consumer Act 2000, provide the Consumer with rights which cannot be excluded. These are referred to as Non-Excludable Rights. To the extent permitted by law, the liability of the DMMPL for a breach of Excludable or Non-Excludable Rights is limited, at the sole discretion of DMMPL, to repair, replacement or refund equal to the cost of having the goods and or services supplied again. To the extent permitted by law, all prices and quotations provided are subject to change without advance notice and all products are either stocked or available at time of posting. No waiver, no alteration or modification of these terms shall be binding upon DMMPL unless pre-approved in writing, in either printed or digital format, by an authorised representative of DMMPL.
If by reason of fact, circumstance, matter or occurrence beyond reasonable control DMMPL is unable to perform in whole or in part any of its obligations, DMMPL shall be released of that obligation and shall not be liable to the Consumer whatsoever. For as long as the stated force majeure event is sustained, DMMPL will seek to keep the Consumer informed about the status of the said force majeure event and any specific actions that are or may be taken to overcome the force majeure event and to provide notification to the Consumer once the force majeure event has ceased.
Returns:
If a product fails to meet a level of reasonably expected quality, fails to perform in a fit for purpose manner or is significantly different from the product promoted or displayed the Consumer has the right to ask for a replacement or refund. Consumer right of return guarantee does not apply if you receive goods as requested and subsequently change your mind, no longer require the goods, realise that you ordered the supplied goods in error, have found a cheaper item elsewhere or have simply decided you no longer have a use for it.
Unless otherwise stated by Law, acceptance of returned goods and or acknowledgment of product shortages is solely at the discretion of DMMPL. DMMPL will not recognise such instances unless advised by the Consumer, in writing, in either printed or digital format, within seven (7) days of taking delivery. Unless otherwise advised by DMMPL, the Consumer is solely responsible for charges that may be incurred when returning goods for refund or credit together with any restocking fees that may apply. In order to accept a return or exchange, goods must be in their original unused condition.
When making a claim for credit, a successful claim is not automatic for hazardous materials that include paint, aerosols, lubricants or shelf life products such as rubber goods, belts, hoses, seals, gaskets or special tools or superseded, discontinued or obsolete parts or goods clearly identified prior to purchase as non returnable, non refundable or as being part of a special or customised request order.
Payment:
Rights of title and interest in all goods pertaining to a request for supply shall remain with DMMPL until payment for supply is received in full. Where an application for Credit with DMMPL is approved, credit accounts are required to be settled strictly in full within thirty (30) days from the end of the month in which goods and or services are purchased. The minimum sales order for credit under these terms is fifty dollars ($50) and any discount given is subject to the account being kept in order within the requirements of the application for Credit. Where no application for Credit has been approved by DMMPL, it is required that the purchase price of all goods and services be paid in full less the proceeds of any deposit and or trade-in prior to an agreed date, manufacturer delivery or Consumer collection. No waiver, no alteration or modification of these terms shall be binding upon DMMPL unless pre-approved in writing, in either printed or digital format, by an authorised representative of DMMPL.
Should the Consumer default in the payment of monies due, then all monies due to DMMPL shall immediately become due and payable and shall be paid by the Consumer within seven (7) days of the date of demand. Should the Consumer default in the payment of monies due, DMMPL shall be entitled to charge interest on all amounts not paid by the due date. Any expenses in relation to bank payments reversals or any costs or disbursements incurred by DMMPL in recovery of any outstanding monies, including debt collection agency and solicitor fees, shall be borne by or subsequently recharged to the Consumer. Where a Consumer has used supplied goods to create another product, the rights of title and interest in such products shall immediately pass to DMMPL until the Consumer has made payment in full for the goods and services provided by DMMPL during fulfilment of a contractual request for supply. DMMPL reserves the right to terminate any credit arrangement or to withhold the supply of any goods and or services for any reason as may be determined discretionarily appropriate.
Where a Consumer fails to collect their goods from DMMPL or fails to provide a pre-paid shipping address within 7 days of date of purchase the Consumer grants free licence to DMMPL to subsequently cancel a request for supply. Any claims for refund will then be subject to the conditions of returns and a claim for credit or product shortage. When entering into an online shopping request for supply, the Consumer will make much such request by selection of a part number or item code. DMMPL is not liable for any error made by the Consumer in selecting or requesting said part number or item code or for any error in any publication including pricing, product specifications or the illustrative or generic representation of the saleable product.
In an instance where advertised availability and prices are incorrect due to human and or digital processing error we are not obliged to sell the product. In such an instance we reserve our right not to accept payment for goods or services that we do not intend to supply or are unable to supply and would endeavour to immediately withdraw any such product from sale until advertised availability and pricing have been updated as current and correct. In an instance where customer places an order at an incorrect price we will endeavour to inform the customer of our mistake before processing and, where possible, honour any such sale at the incorrect price as a sign of goodwill.
DMMPL is entitled under Common Law to be paid for work performed and goods provided. DMMPL reserves the right to enforce upon a Consumer a possessory lien and to retain possession of any vehicle, equipment or product under repair until such time as payment is made in full equal to the value of the work and the materials expended on the particular job. The right to exercise a possessory lien is brought about by carrying out requested work inclusive of any sublet work performed. DMMPL reserves the right to charge storage fees where a vehicle or equipment is left uncollected beyond a period of 30 days. Where a Consumer fails to collect from DMMPL within the stated period of time, the Consumer grants DMMPL free licence to commence exercise of its right to dispose in strict observance of the laws enforceable in the State of South Australia.
Payment of monies will only be acknowledged by DMMPL upon receipt of cleared funds that are made in Australian Dollars. DMMPL’s preferred method of payment is B-Pay Biller or Bank Transfer. Cash payments are accepted subject to legislated cash transaction reporting requirements. DMMPL accepts Mastercard and Visa credit card payments whereby credit card surcharge or bank merchant interchange fees may apply. DMMPL will not accept payment by personal cheque. DMMPL will accept payment by certified bank cheque, although such method of payment will still be subject to standard bank processing and delayed clearance procedures.
When making an ecommerce request for supply DMMPL provides the Consumer choice of two e-commerce shopping platforms - Volvo Penta Shop, an initiative of Volvo Penta for Volvo Penta products and Buy Online Shop, a multi branded OEM initiative of DMMPL. When a Consumer uses DMMPL Buy Online Shop all payments are processed through the PayPal secure payment gateway.
The Consumer does not need to have a PayPal account to use Buy Online Shop payment gateway. When using DMMPL Buy Online Shop a Consumer can check out using PayPal, MasterCard or Visa Credit Card. Where in store pick-up is requested, personal identification and a copy of the Buy Online Shop payment receipt is required as proof of purchase and verification when making the pick-up. DMMPL does not charge bank merchant surcharge or interchange fees on payments of up to $1500 made through Buy Online Shop. DMMPL also offers Bank Transfer and a B-Pay Biller as alternative payment options. Please contact DMMPL to access these options.
When using Volvo Penta Shop, unless expressly stated otherwise, DMMPL has no control over the administration, content and privacy practices of Volvo Penta Shop. When using Volvo Penta Shop all content is directly managed and updated by Volvo Penta. When using Volvo Penta Shop, if the Consumer designates DMMPL as their authorised Service Center, Volvo Penta will forward a duplicate copy of the purchase request to DMMPL. An authorised representative of DMMPL will subsequently then contact the Consumer to confirm availability, freight forwarding charges and payment instructions.
Delivery:
DMMPL will only ship within Australia. Items classed as hazardous materials such as paint, aerosols, oils and lubricant will not be shipped to a Post Office Box and will only be shipped by road freight. Full risk of loss, including transportation delays, losses and breakages, passes to the Consumer at point of dispatch from the premises of DMMPL. It is recommended that should the Consumer require shipping insurance that they contact DMMPL by phone or email prior to entering into an agreement.
DMMPL maintains a comprehensive warehouse of stocked items. On occasion listed items may be placed on back order with our suppliers. If an order for supply contains both stocked and non stocked items, DMMPL may delay shipping to minimise any charges incurred by the Consumer. If an order is urgent please advise when placing the order. If DMMPL are experiencing delays in supply or stock is obsolete, discontinued or no longer available an authorised representative of DMMPL will seek to contact the Consumer to advise. For in-store pickup please contact DMMPL prior to confirm availability.
GST and Other Charges:
Australian Goods and Services Tax (GST) is a broad-based tax placed on most goods and services sold or consumed in Australia. Unless otherwise stated GST is charged on all purchases. The current mandated rate of GST is 10%.
Freight Charges:
Unless otherwise stated all shipments are ex-warehouse and subject to an additional freight forwarding charge. It is the responsibility of the Consumer to nominate the method of dispatch. If no method of dispatch is nominated, DMMPL will use its best judgment for dispatch. When using Volvo Penta Shop all content is directly managed and updated by Volvo Penta. When using Volvo Penta Shop, if the Consumer designates DMMPL as their authorised Service Center, Volvo Penta will forward a duplicate copy of the purchase request to DMMPL. An authorised representative of DMMPL will subsequently then contact the Consumer to confirm availability, freight forwarding charges and payment instructions.