Terms & Conditions

GENERIC ELECTRIC PTY LTD – TERMS OF SALE

By purchasing a product from Generic Electric Pty Ltd (generic), you agree to be bound by these Terms and Conditions of Sale (Terms of Sale).

Generic may change these Terms of Sale from time to time. These Terms of Sale and any changes to the Terms of Sale will be shown on Generic's website. By purchasing any product from Generic (G Product) after that effective date you accept and are bound by the changed Terms of Sale for that purchase and future purchases.

No amendment or variation of the agreement to purchase Generic Products (including the applicable version of these Terms of Sale) is valid or binding on a party unless made in writing and executed by both parties.

We may accept or reject an order for a Generic Product in our sole discretion and nothing in this document obligates us to supply you with any Generic Product which is unavailable or has been incorrectly listed for sale (including pricing errors).

If we accept your order, you will be directed to our online payment system (where you are ordering online), or you must pay in-store, at the time of purchase.

Title in any Generic Product you have ordered only passes once we receive full and clear payment from you. Risk passes to you on and from (as applicable):

(a) the date of delivery to the address specified in your order form (if you ordered online); or
(b) on you taking possession of the Generic Product following an in-store purchase.

Generic supplies products which are exciting and inherently risky to use. The use of Generic Products is a dangerous recreational activity which involves significant risk of physical harm. By purchasing and or using Generic Products you release Generic from all liability to the extent permitted at law and you agree to these Terms of Sale.

You must ensure that Generic Products are used in the manner in which they were designed and manufactured for. You must always follow the manufacturer's instructions for proper use. In addition to the manufacturer's instructions, please refer to Generic Electric's risk warning.

You must not modify or tamper with any Generic Electric Product.

You acknowledge that you and third parties could sustain death, permanent and serious disability, injury, illness, loss, damage, liability, cost or expense directly or indirectly caused by, contributed to by, resulting from or arising out of or in connection with the use (or misuse) of Generic Products or a breach of these Terms of Sale.

All warranties whether express, implied, statutory or otherwise, relating in any way to the Generic Products generally, are excluded. Where Generic is not legally permitted to exclude, limit, or modify a warranty (including the Australian Consumer Law guarantees), then that warranty or guarantee is not excluded, limited, or modified to the extent that Generic is not legally permitted to do so.

Where a Generic Product is supplied to a consumer and that Generic Product is not of a kind ordinarily acquired for personal, domestic, or household use or consumption, the liability of 

Generic for any breach of such term shall be limited, at the option of

Generic (in its absolute discretion) to any one or more of the following: if the breach related to goods: the replacement of the goods or the supply of equivalent goods; the repair of such goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and if the breach relates to services the supplying of the services again; or the payment of the cost of having the services supplied again.

Product warranties issued voluntarily by Generic are not transferable to second owners, unless agreed in writing with Generic prior to the second hand sale.

To the extent permitted by law, Generic shall not be under any liability (contractual, tortious or otherwise) to you in respect of any consequential loss or damage (including loss of revenues, loss of reputation, loss of profits, loss of actual or anticipated savings, loss of bargain, lost opportunities (including loss of the benefit of a contract) and loss or damage in connection with claims against you by third parties) howsoever caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the use of Generic Products or an act, failure or omission of Generic or any third party.

Without limiting any other provision in these Terms of Sale, but only to the extent permitted by law, Generic's maximum liability to you for any claim howsoever arising in connection with any Generic Product, whether based on contract, tort (including negligence), statute, equity or any other cause, is limited to the price of the Generic Product to which the claim relates.

Generic reserves the right to cancel orders. If Generic cancels an order, you will be contacted and the full refund will be processed.

The best safety equipment and the most experienced user cannot completely eliminate the risks certain sporting and outdoor activities pose, including when using Generic Products. Sporting and outdoor activities are inherently dangerous activities and pose a risk to your life.

By purchasing and using Generic Products, you understand, agree and voluntarily undertake to assume the risks involved with sporting and outdoor activities, including while using Generic Products. You understand risks and dangers include, but are not limited to, sprains, broken bones, bruises, cuts, temporary or permanent paralysis and even death. Other risks which may arise when using Generic Products include unforeseen weather conditions, hazardous and unknown terrain, geographical conditions, failure to properly maintain equipment, failure to obey traffic instructions or local laws and engaging in sporting and outdoor activities while physically exhausted, disabled or under the influence of drugs or alcohol.

Generic Products are high-performance machines and should not be used or operated in any way by people under the age of 16 years old.

Generic sells specialised products that need specialised repairers. Manufacturers reserve the right to inspect faulty products, this could mean sending your product overseas for inspection.

It is important you only use the products in accordance with manufacturer manuals, guidelines and recommendations to minimise the risks associated with using Generic Products. This does not apply to the extent that the loss or damage was caused by Generic's negligence or fraud.

You must only use Generic Products in accordance with all applicable laws, regulations and standards in the jurisdiction in which you operate the Generic Product.

To the extent we are legally permitted to impose liability on you, you are liable for, and indemnity Generic from and against, all loss or damage (including legal costs) suffered or incurred by Generic however caused in connection with:

(a) your use of

Generic Products;
(b) personal injury or death of any person (including you or any third party) in connection with use of

Generic Products;
(c) breach of any laws, regulations or standards by you arising from your purchase, use or possession of any

Generic Product;
(d) damage to property in connection with the storage or use of any

Generic Product; or
(e) any act or omission (negligent or otherwise) of you.

Nothing in these Terms of Sale assigns or transfers to you any intellectual property rights in any

Generic Product.

These Terms of Sale and the associated purchase order form the entire agreement between you and

Generic in respect of its subject matter.

Generic's failure or delay to exercise a power or right does not operate as a waiver of the power or right. A waiver is not effective unless it is in writing.

These Terms of Sale shall be governed by and construed according to the law of New South Wales, Australia. You irrevocably submit to the non-exclusive jurisdiction of the Courts of New South Wales.

All interaction with

Generic is also subject to our Privacy & Security Policy.


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