Federal Election Promotional Terms & Conditions
$10 off for the Federal Election - Marshall Batteries promotional offer relates to any and all registered Australian Voters whereby a $10 discount (the discount) on all roadside battery fitments during the promotional period is offered. The promotional period runs from 12:01am on Tuesday May 14th, 2019 until 11:59pm on Saturday May 18th, 2019. The discount is not available for any store purchases. One (1) discount only per customer during the promotional period. Customer enquiries (online and phone) will be prompted by Marshall Batteries if they are registered to vote and if an affirmative acknowledgement is made to the question by Marshall Batteries then the customer will be provided with $10 discount off their roadside battery service during the promotional period. The promotional offer only applies to metropolitan Melbourne, Sydney, Brisbane, Adelaide and Perth roadside battery fitment and does not apply to any other services. Fleet customers, finance inspections, jump-starts, fuel top-up and all other services are excluded. The offer is not redeemable with any other offer or discount. All other terms, warranties and conditions apply.
Warranty Terms & Conditions
At Marshall Batteries, we are committed to total customer satisfaction by providing quality products and quality service at all times.
Marshall Batteries will honour all genuine warranty claims. Our batteries our covered by a free of charge replacement warranty that is backed by Australia's leading battery manufacturer and distributor, Marshall Power. Warranty terms and conditions appear within your warranty certificate and on the top label of your battery.
Possible causes of battery failure that are not the result of faulty manufacture:
- Incorrect or under-specified battery type fitted to car
- Charge system problem (low or high voltage) creating an over-charge or under-charge situation. A low voltage cause the battery to sulphate whilst a high voltage will literally cook the internal components of the battery.
- Repeated deep discharge (heavy accessory loads, car phones, lighting, boat accessories, etc)
- Prolonged storage of the car or very minimal use. A battery will generally sulphate and will never recover its full state of charge.
- Electrical faults (short, excessive loads)
- Any battery modifications such as acid additives, lead terminal changes, or any other contaminates.
- Damage to the battery caused by the consumer or other in-car fault.
Express Nationwide Warranty
Our batteries are warranted against any manufacturing fault for the period or kilometres (whichever occurs first) stated on the top label of your battery.
Should it not pass a standard battery test for any reason other than after-sale damage, neglect or misuse, it will be replaced free of charge by the dealer or the dealer's agents. You may claim under the warranty by returning the battery to the place of purchase with the original purchase receipt and completed warranty card for the warranty adjudication procedure. You must bear any expense you may incur in making the claim. This express warranty is given by Marshall Power, 1-3 Lakewood Blvd, Braeside, Victoria Australia, Phone: in Australia, 1300 627 742; in New Zealand 0800 228 837, email us via our website: www.marshallbatteries.com.au or www.marshallbatteries.co.nz. For full terms and conditions see website. The benefits under this express warranty are additional to other rights and remedies under applicable laws in force in Australia and New Zealand.
In Australia our goods 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 compensation for any other reasonably foreseeable loss or damage (including but not limited to expenses you may incur in making a claim under the guarantees). You are also entitled to have the goods repaired or replaced if the goods fail to be acceptable quality and the failure does not amount to a major failure
Marshall Batteries products can be warranted at any location that sells Marshall Batteries products around Australia and New Zealand. It is important that the consumer keeps their receipt. If the warranty has to be exercised, the replacement battery warranty period is not renewed or extended as a result of any warranty replacement, subject to your rights under the Australian Consumer Law.
|Passenger Vehicle||Extreme||36 month / 60,000 kms||42 month / 70,000 kms|
|Passenger Vehicle||Heavy Duty||24 month / 40,000 kms||30 month / 50,000 kms|
|Passenger Vehicle||Economy||12 month / 20,000 kms||18 month / 30,000 kms|
|SUV/4WD/Light Commercial||Extreme||24 month / 100,000 kms||30 month / 125,000 kms|
|SUV/4WD/Light Commercial||Heavy Duty||18 month / 100,000 kms||24 month / 100,000 kms|
|SUV/4WD/Light Commercial||Economy||12 month / 50,000 kms||18 month / 75,000 kms|
|Heavy Commercial||Extreme||18 month / 75,000 kms||24 month / 100,000 kms|
|Heavy Commercial||Heavy Duty||18 month / 75,000 kms||24 month / 100,000 kms|
|Heavy Commercial||Economy||6 month / 25,000 kms||12 month / 50,000 kms|
|Evolution||12 month / 20,000 kms||18 month / 30,000 kms|
|Stowaway Leisure Cycle||Silver||12 month||18 month|
|Stowaway Leisure Cycle||Gold||18 month||24 month|
|Stowaway Marine Starting||12 month||18 month|
|Stowaway Marine Dual Purpose||18 month||24 month|
|Stowaway Marine Cycling||18 month||24 month|
|Semi-Industrial Cycling||6 month||N/A|
|Heavy Industrial Cycling||12 month||N/A|
|GEL Cycling||12 month||N/A|
|AGM GEL Cycling||12 month||N/A|
|Pro-Series VRLA||12 months|
|Powerider Bike||12 months|
Additional fees apply for Roadside Warranty adjudication: If a manufacturing defect is not the cause of your battery failure, a call-out and testing fee will apply. Out of area fees and other charges may also apply to a warranty call out outside normal coverage areas or hours of operation. Alternatively, you can visit your nearest Marshall stockist.
Other factors that can cause premature failure of a battery include:
- Charge Rates
- Excessive Vibration
- High Loads
- Electrical System Faults
- Faulty Terminals
- Stop/Start Motoring
Extended Warranty Offer
You receive the stated additional Extended Warranty period for registering your purchase with MP Batteries at www.mplbatteries.com/xwarranty.
Registration of the extended warranty must take place within 10 days of the original purchase. Please keep your original purchase receipt and this extended warranty certificate in the event you need to exercise your warranty.
Extended Warranty terms do not transfer with ownership of the vehicle, therefore should the vehicle be sold during the Extended Warranty period the Extended Warranty on the battery becomes null and void. We reserve the right to request photo ID to clarify the consumer claiming warranty where the ownership of the battery maybe in question or differ from the name registered on-line during the Extended Warranty registration process. The warranty period is not renewed or extended as a result of any warranty replacement, subject to your rights under the Australian Consumer Law.
In the event the exact date of battery purchase cannot be verified on-line or through an appropriate proof of purchase the batteries formation and charge date stamped onto the case of the battery will be used to evaluate the age of the product. It is important that the consumer keeps their receipt.
WEBSITE TERMS AND CONDITIONs
2. Information on the Website
Whilst every effort is made to update the information contained on this website, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the website. the Website Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know.
3. Trade Marks
The trade marks, names, logos and service marks (collectively "trade marks") displayed on this website are registered and unregistered trade marks of the Website Owner. Nothing contained on this website should be construed as granting any licence or right to use any trade mark without the prior written permission of the Website Owner.
4. External Links
External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us if you would like to link to this website or would like to request a link to your website.
5. Public Forums and User Submissions
The Website Owner is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the Website Owner. The Website Owner reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to -
5.1 defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
5.2 publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
5.3 post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of the Website Owner's and/or a third party's computer system and/or network;
5.4 violate any copyright, trade mark, other applicable Australian, New Zealand or international laws or intellectual property rights of the Website Owner or any other third party;
5.5 submit contents containing marketing or promotional material which is intended to solicit business.
6. Specific Use
You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.
The Website Owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company's personal information or material and information transmitted over our system.
8. Disclaimer of Liability.
The Website Owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company's personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
9. Use of the Website.
The Website Owner does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than Australia or New Zealand). By accessing the website, you warrant and represent to the Website Owner that you are legally entitled to do so and to make use of information made available via the website.
10.1 Entire Agreement.
These website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website.
the Website Owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
10.7 Applicable laws.
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Australia without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of Australia in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
10.8 Comments or Questions.
TERMS AND CONDITIONS POLICY ONLINE PURCHASES
At Marshall Batteries we want our customers to be completely satisfied with their online purchases.
We therefore recommend that you read these conditions fully prior to you making a purchase from our online store, so you are familiar with our policy on refunds, returns and repairs and your rights under the applicable consumer laws.
[Please note that by ordering any of our Goods, you agree to be bound by these Conditions and the other documents expressly referred to in it and before placing an Order you will be asked to agree to these Conditions.]
We also recommend you immediately inspect any Goods that we deliver to you, to ensure you are completely satisfied with the Goods, including that the Goods are of acceptable quality and match the description we have provided to you.
If you have any questions about these Conditions, please contact our Customer Centre Team by calling 1300 627 742 in Australia or 0800 465 537 in New Zealand.
INTERPRETATION IN THESE CONDITIONS:
Agreement is an agreement between you and Marshall Batteries to supply Goods, and consists of your Order and these Conditions;
Conditions are this Terms and Conditions Policy, as updated by Marshall Batteries from time to time in accordance with Section 10;
Delivery Address is the address to which the Goods will be delivered, as stated in the Order;
Delivery Fee is the fee payable to Marshall Batteries in respect of the delivery of the Goods and the handling costs associated with processing your Order, [as advised by Marshall Batteries from time to time];
Goods are goods described in an Order, and includes packaging materials;
Intellectual Property Rights includes all rights in respect of copyright, trademarks, patents, designs, protection of confidential information and circuit layouts, whether arising under statute or otherwise;
Marshall Batteries or us means Marshall Power Australia Pty Ltd trading as Marshall Batteries, whose place of business is at 1-5 Winterton Road, Clayton VIC 3168, P.O Box 347, Mt Waverley VIC 3149 and who can be contacted via the Customer Care Centre on 1300 627 742 in Australia and 0800 465 537 in New Zealand;
Marshall Batteries Websites means www.marshallbatteries.com.au and www.marshallbatteries.co.nz;
Order is an order by you to purchase Goods from a Marshall Batteries Website;
Product List is the list of goods available for purchase on the Marshall Batteries Websites, as amended from time to time;
Roadside Delivery and Fitment is the service Marshall Batteries provides were it attends a location and delivers and installs Goods into your vehicle.
1. CUSTOMER APPLICATION
Application to be completed: You may be required to complete a customer application before placing an online Order for Goods with Marshall Batteries. You warrant that all information and data provided by you in the customer application is accurate, complete and up to date. You must promptly inform Marshall Batteries if there is a change to this information or data.
Set up costs: You are responsible for any costs associated with accessing the Marshall Batteries Website and placing an Order for Goods online with Marshall Batteries, including any Internet provider fees.
Delivery area: If you would like Marshall Batteries to deliver the Goods you have ordered, the Delivery Address which you nominate in your Order must be within a suburb where Marshall Batteries provides a delivery service (Delivery Area). Please ensure that your delivery address and suburb are correct when placing your Order. Orders for delivery to addresses in suburbs that are not in the Marshall Batteries Delivery Area will not be processed.
Marshall Batteries will make reasonable attempts to advise you if the Delivery Address which you nominate is not or ceases to be in a Delivery Area. Marshall Batteries will not be obliged to continue to deliver Goods to you if you change your Delivery Address and the new Delivery Address which you nominate is not within a Delivery Area.
Order Cut Off Time: Marshall Batteries Websites will only accept online orders between the hours of 7am to 5pm EST Monday to Sunday in Australia and 8am to 5pm in New Zealand. Orders required outside of these hours must be phoned through to the Marshall Batteries Customer Centre on 1300 627 742 in Australia and 0800 465 537 in New Zealand.
2. ORDERS, DELIVERY AND COLLECTION OF GOODS
Orders: You must place an online Order with Marshall Batteries by selecting your chosen Goods and pressing the "Submit Order" button. Orders are deemed to be received by Marshall Batteries at the time you receive an automated confirmation of receipt from Marshall Batteries. Orders are deemed to be accepted by Marshall Batteries at the time you receive confirmation of acceptance of the Order from Marshall Batteries.
An Agreement exists between you and Marshall Batteries once Marshall Batteries accepts an Order. Each Order is a separate Agreement between you and Marshall Batteries.
Late Cancellation Fee: If you cancel an Order within 30 minutes of the requested delivery time, Marshall Batteries may charge you, and you must pay, a late cancellation fee of $27.27 plus GST (Late Cancellation Fee). This amount is a genuine pre-estimate of the loss Marshall Batteries will suffer as a result of the cancellation of an Order. Size of Order: Marshall Batteries reserves the right to limit the sale of goods to reasonable or normal household quantities.
Delivery: Unless your Order states that you will collect the Goods, Marshall Batteries will deliver the Goods to you at the Delivery Address within the time agreed with you. Marshall Batteries will use its best endeavours to ensure that all Goods ordered by you (and any agreed substitutes) are supplied to you within the original delivery date and time.
Delivery of the Goods will deemed to be complete at the Front Door of your nominated Delivery Address, or, in respect of Roadside Delivery and Fitment, your vehicle. If you request Marshall Batteries to deliver the Goods beyond your Front Door, you agree to continually indemnify and hold harmless Marshall Batteries (including its officers, employees, contractors and agents) from any Loss suffered or incurred by Marshall Batteries in connection with the delivery of the Goods beyond your Front Door. For the purpose of this section, Front Door means the front door or a point beyond which entry into the interior of a building occurs and Loss means any loss including any liability, cost, expense, claim, proceeding, action, demand or damage.
Authorised receipt of Goods: Anyone at the Delivery Address (or upon collection) who receives or collects the Goods shall be presumed by Marshall Batteries to be authorised to receive or collect the Goods. Marshall Batteries may request the person who receives the Goods at the Delivery Address or collects the Goods to provide satisfactory identification.
Additional fees: If required by Marshall Batteries, you must pay to Marshall Batteries any additional Delivery Fee, technical fitment fee, after-hours fee or such other fee as may be specified by Marshall Batteries in respect of each Order upon delivery of the Goods requested (Additional Fees).
3. RISK AND TITLE IN THE GOODS
Risk and title in the Goods passes to you upon delivery of the Goods to the Delivery Address or selected collection point.
4. RETURNS, CREDITS AND REFUNDS
We want you to be totally satisfied with all Goods purchased online from Marshall Batteries, so please choose carefully as refunds are not provided where you have simply changed your mind, made a wrong selection or simply found the goods cheaper elsewhere. We recommend you carefully preview any Orders before adding them to your shopping cart and proceeding with your Order.
Making a claim: If you wish to make a claim for a replacement product, refund or credit in respect of Goods purchased online because:
- you believe that an item, which was ordered by you and which was in stock, has not been provided; or
- you are not satisfied with the quality of the Goods you have purchased,
you must call Marshall Batteries Customer Care Centre on 1300 627 742 in Australia and 0800 465 537 in New Zealand. A Marshall Batteries Customer Care Centre representative will assess your claim for a replacement product, credit or refund of the purchase price. Marshall Batteries reserves the right to inspect the Goods before making the assessment. This is in addition to and does not limit or replace your rights under any applicable consumer or other laws.
GOODS RETURNED FOR REPAIR OR DAMAGED IN TRANSIT
If any Goods arrive damaged, please contact the Marshall Batteries Customer Care Centre on 1300 627 742 in Australia and 0800 465 537 in New Zealand and report the issue as soon as possible. Marshall Batteries will arrange for a replacement of the Goods or refund the price to you. This is in addition to and does not limit or replace your rights under any applicable consumer or other laws.
Damaged Goods must be reported to Marshall Batteries within 14 days of receipt and returned to Marshall Batteries in the condition received by you with all original packaging, accessories and/or manuals within a further 14 days. The Goods will be inspected and assessed and/or repaired within a reasonable time by Marshall Batteries. You may be provided with an indicative repair time, which time may vary due to reasons beyond ours or the repairer's reasonable control, such as part availability or incorrect fault description.
You must bear any expense you may incur in making a claim under this section. This does not affect your rights under the Australian Consumer Law. You may also be required to pay labour, assessment and/or freight fees connected with the repair, replacement and return of defective Goods to you, such as where Goods are assessed to have been damaged by misuse or accident, or where your rights under the Australian Consumer Law (or equivalent legislation) or any manufacturer's warranty do not apply. We may provide you with an indicative fee for such labour, assessment or freight costs, which fee may vary due to reasons beyond our control.
If any Goods that you return are used to assist in the storage of data, such as radio PIN codes or engine management data, the replacement or repair of the Goods may result in loss of the data. We will not be responsible for any data loss in these circumstances.
If any Goods cannot be easily returned to Marshall Batteries, a Marshall Batteries store or authorised reseller due to their size, the fault or because they have been affixed or installed in your premises or vehicle, please contact our Marshall Customer Care Centre on 1300 627 742 in Australia and 0800 465 537 in New Zealand and we will arrange an inspection to assess the Goods. You may be required to pay labour, assessment and/or freight fees in respect of this inspection.
Refunds will be made by Marshall Batteries via the method of payment you used to make your online purchase. Refunds will normally be processed within seven (7) working days. For Goods purchased from the Marshall Batteries Website, all refunds will be issued by the Marshall Batteries Customer Care Centre and cannot be made by any service provider, 3rd party freight provider, authorized reseller or associated agent or contractor of Marshall Batteries.
GUARANTEES UNDER AUSTRALIAN CONSUMER LAW
Our Goods 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 compensation for any other reasonably foreseeable loss or damage (including but not limited to expenses you may incur in making a claim under the guarantees). You are also entitled to have the Goods repaired and replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.
5. PRICE OF GOODS AND PAYMENT
Purchase price: The purchase price of the Goods shown on the online Product List at the time you make your Order is the price which is applicable for your Order and will be shown on the Order confirmation, except:
- if a Good is out of stock;
- if you have given instructions that you will accept a substitute Good, in which case the substitute Good will be charged at the lower of the original or the substitute price at the time the substitute Good is processed and scanned for your Order;
- if you modify your Order, in which case the prices applicable on all Goods will update to the then current prices in the Product List; or
- if during authorized fitment of the Goods, the specification of a product required varies significantly from that originally ordered.
The purchase prices on the Product List will not necessarily correspond to the prices in your local Marshall Batteries store or authorised reseller stores.
Delivery Fee: You must pay the Delivery Fee in respect of each Order which is determined by the Delivery Address and product type. You will be advised of the Delivery Fee prior to making your Order.
Additional Fees: If charged by Marshall Batteries in accordance with clause 4 of these Conditions, you must pay any Late Cancellation Fees following cancellation of an Order or Additional Fees upon completion of the delivery.
Catalogue specials: Not all Marshall Batteries catalogue specials are available at the Marshall Batteries Websites. If a catalogue is published for specific stores or authorized resellers, the specials in that catalogue are not available at the Marshall Batteries Websites. Other Marshall Batteries promotional lines may be available at the Marshall Batteries Websites from time to time.
Tax invoice: Upon delivery or collection of the Goods, Marshall Batteries will provide you with a tax invoice specifying the total price for the Goods, including credits/debits applied, the Delivery Fee and any Additional Fees.
Method of payment: At the time you place an Order, you will be required to make an online payment by credit or debit card (MasterCard®, Visa), unless otherwise agreed with Marshall Batteries.
In order to receive the Goods you have ordered, payment must be received by the selected payment method in full prior to delivery. Marshall Batteries will process your payment using your credit/debit card as we prepare the Order for delivery, which in most cases will be the day of delivery but may be the day prior to delivery. If your credit card is declined by your financial institution, Marshall Batteries will not be able to guarantee delivery on the date or in the delivery window you selected and may contact you to make alternative delivery and payment arrangements. If you are not at the Delivery Address or organise a re-delivery, the payment will be processed on the original date of the Order. If the Order is cancelled or refunded, the credit will be processed within 7 working days or sooner. Marshall Batteries may decline to accept payment from you by debit or credit card for any reason, and is not required to give reasons. If Marshall Batteries declines to accept payment from you by debit or credit card, your Order will not be processed and you will not be contacted. If you agree to make payment by another method that is acceptable to Marshall Batteries, Marshall Batteries may process the Order or any further Orders you may make.
In cases where Additional Fees may be payable, payment can be accepted by either mobile EFTPOS* (not available in all locations) or credit card (MasterCard®, Visa) at the time of delivery (or upon collection). Where a cancelled Order attracts a Late Cancellation Fee, Marshall Batteries may deduct payment of the fee from any credit balance it holds on your behalf.
6. OUT OF STOCKS AND SUBSTITUTION
Marshall Batteries will not provide rain checks in respect of Goods ordered by you. Before finalising your Order, you will be invited by Marshall Batteries to select a product substitution in respect of Goods which are out of stock. Substitute items are charged at the lower of the original or the substitute price.
7. PACKAGING AND LABELLING OF GOODS
Marshall Batteries will use reasonable endeavours to include up-to-date pictures of the Goods in the Product List. At times, the picture of the Goods on the Product List may differ from the Goods actually supplied to you. Marshall Batteries does not warrant the accuracy of the information contained in the Product List and recommends that you read the labels on Goods carefully before accepting or operating the Goods.
8. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that Marshall Batteries or its related corporations own or are licensed to use all Intellectual Property Rights in the Marshall Batteries Websites and the Goods, including any images, photographs or text which appears on the Marshall Batteries Websites. You must not make any representation to the contrary and you must not use or copy any Marshall Batteries Intellectual Property Rights in any manner which is inconsistent with the rights of the owner or licensee of such Intellectual Property Rights. You acknowledge that any trademarks or logos which appear on the Marshall Batteries Websites are owned by or licensed to Marshall Batteries or its related corporations, and that you must not do anything to prejudice the rights of the trademark owner or licensee to such trademarks or logos.
Marshall Batteries will use reasonable care and skill in providing the Marshall Batteries Website for your use.
To the extent permitted by law, you release and discharge Marshall Batteries and its related corporations from all forms of direct, special, indirect or consequential loss or damage, including loss of profits, loss of data, loss of management time, opportunity costs or failure to realise anticipated savings arising out of or in connection with the Marshall Batteries Website (including the installation, downloading, use or performance of any software related to the Marshall Batteries website).
Any liability of Marshall Batteries arising out of or in connection with a breach of an express or implied warranty or condition in respect of Goods or services supplied to you through use of Marshall Batteries Website (other than a condition, warranty or consumer guarantee implied or imposed by legislation which does not permit Marshall Batteries liability to be limited as stated in this clause 9) will, at the election of Marshall Batteries, be limited to:
- if the warranty or condition relates to Goods, the replacement of the Goods or the supply of equivalent Goods; and
- if the warranty or condition relates to services, the supplying of the services again or the payment of the cost of having the services supplied again provided that it is fair and reasonable to do so.
10. NOTIFICATION OF CHANGES
Marshall Batteries may add to, delete, or otherwise change any of the terms of these Conditions. Your use of a Marshall Batteries Website will constitute your deemed acceptance of such changes.
Each time you wish to Order Goods from a Marshall Batteries Website, we recommend that you check these Conditions to ensure you understand the terms which will apply to your Order.
Each provision of an Agreement (including these Conditions) is severable. Severance does not affect any other provision.
The applicable laws of Victoria, Australia (if you are located in Australia) or New Zealand (if you are located in New Zealand) govern each Agreement (including these Conditions).