Terms
Installers please place this with the invoice when charged out to customers
END USER TERMS AND CONDITIONS OF SALE AND WARRANTY
* Any Kit/s, part/s sold supply only are on the understanding that once fitted they will be inspected and certified safe to use by a qualified LPG fitter or tester
* The customer’s insurance company must be notified of the LPG conversion and any other modifications done to the vehicle.
* Customers should also check the vehicles warranty agreement terms and conditions before buying and/or fitting any equipment to a vehicle to see how the item will affect the warranty.
* For supply only, EcoGas Pty Ltd (EcoGas) does not take any responsibility whatsoever for any damage or injury caused through, fitting or incorrect fitting, use or misuse, installing or removing of any parts of the equipment supplied
* EcoGas can provide at an extra cost an Engine Warranty for Heavy Commercial Vehicles up to $20,000 or 2 years, whichever occurs first. This 3rd party Engine Warranty is supplied through EcoGas when system is installed by EcoGas authorised installers and only when a) only when the stated Engine Warranty is entered into and paid for by the customer as noted on the order form, b) warranty form is confirmed by the directors of EcoGas and c) when warranty is taken out before customer drives the vehicle.
* No further verbal or other written warranty exist other than what is stated within this agreement.
* Any information or guides supplied with kit/s or part/s is supplied for informational use only it is not an instruction or installation manual and should not be treated as one.
* All customers must agree to these terms and conditions before buying or fitting any part/s or kit/s supplied and to have the vehicle tested for safety before any use by a qualified LPG tester.
Returns and Guarantee Conditions
* Any item/s marked with (None) have no Guarantee and are non returnable, Convertors, Injectors and ECU’s are covered by manufacture’s guarantee of 24 months & subject to the following conditions set out below and in the TERMS AND CONDITIONS Policy which is available on request from EcoGas or available on the eco-gas.com.au website.
* This guarantee does not cover damage caused by incorrect fitting or use, accidental damage, modifications in any way or opening of unit.
* All faulty item/s must be returned to EcoGas Pty Ltd for inspection to determine if fault is covered under the manufacture’s guarantee terms & conditions, No replacement item/s will be sent out prior to inspection. Item/s will be repaired or replaced only if covered by the manufacture’s guarantee terms & conditions, all carriage charges are payable by the customer.
* No goods can be returned without a returns authorisation from EcoGas Pty Ltd & must be returned within 7 working days of purchase where a restocking charge of 25% will be deducted from the subtotal as will be the fuel savings that have been obtained from time of install, if any. Postage/delivery charges are Non Refundable. No item/s will be accepted for a refund unless unused & in original packaging. Any used or damaged item/s will not be accepted.
* Any item missing or damaged in delivery must be claimed within 3 days of receiving the order. After 3 days no claim will be valid or accepted.
* No item/s can be returned, exchanged or replaced under manufacture’s guarantee without proof of the original invoice or sales receipt.
* Should any part of the kit fail due to dirty or contaminated gas no parts or labour will be under guarantee.
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TERMS AND CONDITIONS (Returns and Refund) Policy Contents: 1. INTRODUCTION AND OVERVIEW 2. RETURN PROCEDURES 2.1a DEAD ON ARRIVAL PRODUCT 2.1B DAMAGED IN TRANSIT PRODUCT 2.1C INCORRECTLY SHIPPED PRODUCT 2.1D FAULTY PRODUCT 2.2 MANUFACTURER’S RETURN POLICY 2.3 OPENED PRODUCT 2.4 NO RETURN BASIS PRODUCT 2.5 PROCESSING CREDITS/REFUNDS 3. MANUFACTURERS WARRANTY 4. NON-WARRANTY SERVICE AND REPAIRS 5. PRICES & PAYMENT 6. DELIVERY POLICY 7. YOUR ACCOUNT 8. PICTURES 9. PRIVACY 10.LIABILITY 11. CHANGES TO POLICIES 12. APPLICABLE LAW 1. INTRODUCTION AND OVERVIEW All products purchased from EcoGas Systems P/L (EcoGas) are sold on a “No Return Basis”, so please choose carefully. We offer a return policy on products that are “Dead on Arrival”, “Damaged in Transit” or “Incorrectly Shipped”. Details of our “No Return Basis”, “Dead on Arrival”, “Damaged in Transit” and “Incorrectly Shipped” policies are provided below. Unless otherwise specified, the rights and benefits set out in this Terms and Conditions (Returns) Policy are additional to all conditions, warranties, guarantees, rights, remedies and other terms expressed or implied under any manufacturer’s warranty. Details of our manufacturer’s warranty Terms and Conditions (Returns) Policy are set out below. Nothing in this Terms and Conditions (Returns) Policy excludes, or purports to exclude, any warranties or conditions expressed or implied by the Trade Practices Act 1974 (Commonwealth) or any other applicable legislation, that cannot be (or have not been) excluded by agreement. This Terms and Conditions (Returns) Policy must be read subject to such warranties and conditions, and all references in this Terms and Conditions (Returns) Policy to “statute” refer to statutory provisions that cannot be (or have not been) excluded by agreement. EcoGas HEREBY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. This Returns and Refund Policy forms part of, and is to be read in conjunction with, EcoGas’ Delivery and Privacy Policies. EcoGas may, at its sole option, revise any part of this Returns and Refund Policy from time to time without notice. Prices and availability are subject to change without notice. Typographical, product description, pricing, images and other errors are subject to correction, even after orders and/or payment are accepted. EcoGas does not guarantee product compatibility. Under certain circumstances, products will not be eligible for return, and not all products that are eligible for return are to be returned to EcoGas. Carefully review all return policies (below) before making your purchase. Shipping charges may apply and are not refundable, except as otherwise provided under this Terms and Conditions (Returns) Policy, manufacturer’s warranty or other contract or statute.
If you still have questions after reading our Terms and Conditions (Returns) Policy, please do not hesitate to contact the EcoGas team.
2. RETURN PROCEDURES All goods to be returned, whether defective or not, will require a Return Authorisation Number before they can be returned. To obtain a Return Authorisation Number, please contact the EcoGas team. You will need to supply the following information, most of which will be on your packing slip or invoice before we can issue a Return Authorisation Number: • Name and contact details of original purchaser • Our order number • Part number of product to be returned • Date on packing slip or invoice • Reason for return • Your name and contact details Each Return Authorisation Number is only valid for one (1) product and must match the product authorised for return. Return Authorisation Numbers are only valid for 7 days, so we must receive the returned product within this period; otherwise, the return may not be accepted if it is returned as “Unopened Product”. It is the responsibility of the customer to ensure that all products are suitably packaged in order to prevent damage during return shipping. The customer must not write on or attach labels to the product being returned; otherwise, the return may not be accepted if it is returned as “Unopened Product”. A copy of the original packing slip or invoice, or other proof of purchase, must be included with the returned product. If such proof of purchase is not provided, we may only be able to offer a replacement product, or a refund. The Return Authorisation Number should be clearly visible on the outside of the product-shipping carton and addressed to the following address (unless otherwise directed): EcoGas — Returns 26B Hilly Street Mortlake NSW 2137 Australia. For “Dead on Arrival”, “Damaged in Transit” or “Incorrectly Shipped” product, EcoGas will arrange for the product to be picked up for return to EcoGas. The method might vary depending on the product. For all other returns, subject to any rights the customer might have under manufacturer’s warranty or otherwise under contract or statute, the customer is responsible for all costs associated with return of the product to EcoGas and EcoGas will not pay or reimburse any associated costs. EcoGas recommends that products returned by post be sent by registered or certified mail. EcoGas accepts no responsibility for loss or damage occurring in transit on return to EcoGas. If a product is not “Dead on Arrival”, “Damaged in Transit” or otherwise returnable under this Terms and Conditions (Returns) Policy, and is not returned to us in the original unopened packaging, it may be returned to you at your cost. EcoGas will test all products returned as “Dead on Arrival” or “Damaged in Transit” within 7 days of receipt into EcoGas possession. Some products may need to be returned to the manufacturer for testing. If your product is in full working condition or any defects or damage can be shown to have been caused after you took receipt of the product, it will be returned to you and you will be invoiced for the processing and freight costs associated with the return. These invoiced amounts will be payable by you within 30 days of receipt of invoice. Unless stated otherwise under this Terms and Conditions (Returns) Policy, any manufacturer’s warranty or other contact or statute, EcoGas reserves the right to refuse any returns that:
• are incomplete or missing parts; or • are not returned in their original packaging,
• show signs of physical damage to the product or its packaging. • do not include a valid Return Authorisation Number on the shipping label. • have an expired Return Authorisation Number. Please note that events such as wilful damage, misuse, unauthorised repair or tampering with a product may prevent a product being accepted for return. Absolutely no refunds on turbo kits, intercoolers, wheels, exhaust systems, down pipes, brake kits, coil over kits, special orders or electronic parts 2.1a Dead on Arrival Product In the event that you receive a product that is not in working order, you should notify our Customer Service staff immediately upon receipt of the product. In the event that a product develops a fault that appears to have been caused during its manufacture or otherwise prior to purchase (excluding, for example, faults due to wilful damage, environmental conditions or customer misuse post-purchase), you should contact the EcoGas team immediately upon noticing the fault so we can process the return as a “Dead on Arrival Product”. You will be issued with a Return Authorisation Number in accordance with the above procedures. If possible, you should package and address the product for return in accordance with the above procedures (see “Return Procedures”). To minimise processing time and potential difficulties in proving the cause of damage, we recommend that all “Dead on Arrival Products” be returned to EcoGas within 14 days of purchase. We will arrange for the product to be collected from you for return to EcoGas. If it is reasonably determined, by EcoGas or the manufacturer, that the product is not defective, it will be returned to you and you will be invoiced a processing fee and freight costs associated with the return. These invoiced amounts will be payable by you within 30 days of receipt of invoice. For products which are determined, by EcoGas or the manufacturer, to be “Dead on Arrival”, a credit will be issued for the original purchase price of the product returned and the freight costs associated with the initial delivery to you. Please note that events such as wilful damage, misuse, unauthorised repair or tampering with a product may prevent a product being accepted for return. 2.1b Damaged in Transit Product In the event that you receive a product that appears to have been “Damaged in Transit” – that is, damaged in transit from EcoGas to you – you should: • Refuse to accept delivery of the product, • Direct the courier to “Return goods to sender” and • Contact the EcoGas team immediately. If you have already accepted delivery, and then notice that the product appears to have been damaged in transit, you should contact the EcoGas team immediately. You will be issued with a Return Authorisation Number in accordance with the above procedures. If possible, you should package and address the product for return in accordance with the above procedures (see “Return Procedures”). To minimise processing time and potential difficulties in proving the cause of damage, we recommend that all “Damaged in Transit Products” be returned to EcoGas within 14 days of purchase. We will arrange for the product to be collected from you for return to EcoGas. If it is reasonably determined by EcoGas that the product has not been damaged in transit, it will be returned to you and you will be invoiced a processing fee and freight costs associated with the return. These invoiced amounts will be payable by you within 30 days of receipt of invoice. For products which are determined by EcoGas to be damaged in transit, a credit will be issued for the original purchase price of product returned and the freight costs associated with the initial delivery to you. Please note that events such as wilful damage, misuse, unauthorised repair or tampering with a product may prevent a product being accepted for return.
2.1c Incorrectly Shipped Product In the event that you receive a product that is different to the one ordered (“Incorrectly Shipped Product”), you should contact the EcoGas team immediately upon receipt of the product. You will be issued with a Return Authorisation Number in accordance with the above procedures. If possible, you should package and address the product for return in accordance with the above procedures (see “Return Procedures”). For all “Incorrectly Shipped Products”, a credit will be issued for the original purchase price of product returned and the freight costs associated with the initial delivery to you. We will arrange for the product to be collected from you for return to EcoGas. If it is found by EcoGas that the product was shipped correctly (for example, where you have ordered the wrong product by mistake), it will be returned to you unless validly returned under one of the other policies contained in this Terms and Conditions (Returns) Policy. If it is returned to you, you will be invoiced a processing fee and freight costs associated with the return. These invoiced amounts will be payable by you within 30 days of receipt of invoice. Please note that events such as wilful damage, misuse, unauthorised repair or tampering with a product may prevent a product being accepted for return. 2.1d Faulty Product In the event that the product you have received is faulty on receipt or develops a fault, you may be able to return it under one of the “Dead on Arrival Product” or “Damaged in Transit Product” procedures above. Please note that events such as wilful damage, misuse, unauthorised repair or tampering with a product may prevent a product being accepted for return. In such cases, the manufacturer’s warranty may also apply. Please refer to the procedures below in relation to manufacturers’ warranties. 2.2 Manufacturer’s Return Policy If manufacturer offers to accept opened product for return, then we will honour the manufacturer’s Terms and Conditions (Returns) Policy where it involves us as the retailer. The manufacturer’s Terms and Conditions (Returns) Policy will direct you to either: • return the product directly to the manufacturer, its agent or a third party service provider; or • return the product to the retailer from whom the product was originally purchased. If the manufacturer directs you to return the product to the manufacturer, agent or a third party, then you should arrange for the product to be returned as directed and otherwise in accordance with the manufacturer’s Terms and Conditions (Returns) Policy. The manufacturer will then organise any refund, repair or replacement payable under the policy. If the manufacturer directs you to return the product to us as the retailer, then you should contact the EcoGas team at least 7 days before the expiration date specified by the manufacturer; otherwise, the return may not be authorised in some circumstances. You will be issued with a Return Authorisation Number in accordance with the above procedures, but you should specify that the goods are being returned under the manufacturer’s Terms and Conditions (Returns) Policy. You should also provide any additional information that may be required under the manufacturer’s Terms and Conditions (Returns) Policy. Where possible (and to the extent consistent with the manufacturer’s Terms and Conditions (Returns) Policy), • You will need to package and address the product for return in accordance with the above procedures (see “Return Procedures”) and • You will need to arrange for return delivery of the product to EcoGas at the address listed in the above procedures.
EcoGas will not pay or reimburse any costs associated with a customer-organised shipment unless it agrees to do so or is required to do so under this Terms and Conditions (Returns) Policy. The product should be received by our warehouse within the period specified by the Manufacturer; otherwise, the return may not be authorised in some
circumstances. For products which are validly returned under manufacturers return policy, a credit will be issued for the original purchase price of product returned less any freight costs associated with the initial delivery to you and the return delivery. If the product has not been validly returned under manufacturer’s return policy (or any other policy described in this Terms and Conditions (Returns) Policy), it will be returned to you and you will be invoiced a processing fee and freight costs associated with the return. These invoiced amounts will be payable by you within 30 days of receipt of invoice. Please note that events such as wilful damage, misuse, unauthorised repair or tampering with a product may prevent a product being accepted for return. The following paragraphs must be read subject to any conditions, exclusions or qualifications contained in this Terms and Conditions (Returns) Policy, manufacturer’s warranty or any other contract or statute. No warranty, or payment of warranty, or payment of warranty work performed, by a third party, will be accept UNLESS:
a) Prior agreement has been given in writing by EcoGas, and
b) EcoGas has been asked to diagnose the issue or concern BEFORE warranty work has been commenced.
If warranty has been accepted by EcoGas then the following payments can be claimed by the repairer on the basis of $66.00AUD per hour:
Exchange convertor (whichever brand or type) — .75 of 1 hour
Exchange of Electronic Injector — .10 of 1 hour
Exchange of ECU — .10 of 1 hour
Exchange of Lock Off Driver Box — .10 of 1 hour
We will not pay warranty under any circumstances for tuning of the system or replacement jets etc. 2.3 Opened Product We will not accept any opened product for return unless the product is returnable under the express terms of this Terms and Conditions (Returns) Policy, or under manufacturer’s warranty or other contract or statute. Examples of conditions under which we would accept opened product are: • “Dead on Arrival” or “Damaged in Transit” product. • Product which develops a fault due to a cause occurring prior to purchase. • Product that could be considered to be not of merchantable quality. • Product that fails to perform to the manufacturer’s specifications. • Product that fails to perform as advertised. Please note that events such as wilful damage, misuse, unauthorised repair or tampering with a product may prevent a product being accepted for return. If a return is accepted by EcoGas a restocking fee of 25% of the invoice cost of the item will be applied and payable BEFORE EcoGas accepts the return. 2.4 No Return Basis Product The term “No Return Basis” means that, unless the product is “Dead on Arrival”, or “Damaged in Transit”, “Incorrectly Shipped” or otherwise returnable under manufacturer’s warranty or other contract or statute, the product will not be accepted for return. Examples of conditions under which we would accept “No Return Basis” product are:
• “Dead on Arrival” or “Damaged in Transit” product. • Product that could reasonably be considered to be not of merchantable quality.
• Product that fails to perform to the manufacturer’s specifications. • Product that fails to perform as advertised. Please note that events such as wilful damage, misuse, unauthorised repair or tampering with a product or contaminated gas will prevent a product being accepted for return. 2.5 Processing Credits/Refunds A credit note will normally be issued within 7 days of us receiving the goods returned in accordance with this Terms and Conditions (Returns) Policy, with the exception of goods that are not obviously faulty and may require testing. Where a product is returned because you believe it is faulty and the fault cannot be observed by our internal testing, the product may need to be tested by the manufacturer. In such cases, the testing process may result in delays of up to 28 days before we can determine whether a credit note will be issued. The credit note which is issued can then be used as a payment against future purchases or converted to a refund. We will only issue refunds on request. For your security, all refunds will be made either by cash, cheque, or by applying a credit against the credit card used for the original purchase. The actual method of refund will depend upon the payment method used for the original purchase. In some circumstances, we may elect that a replacement product or repair is sufficient remedy instead of a full refund. This election will be at our sole discretion, but will only occur after consultation with you and in accordance with relevant warranties, other contracts and statutes. If we elect to have a product replaced or repaired, we will do this at our cost and return the product (or its replacement) to you promptly; in these circumstances, we will still refund your freight costs. 3. MANUFACTURER’S WARRANTY With the exception of products that are clearly marked as “Ex-Demo”, “Ex-Rental”, soiled, second hand, imperfect or damaged, all products, unless noted otherwise, are sold with a full manufacturer’s warranty. The warranty periods and service levels vary by manufacturer and product. The following paragraphs must be read subject to any conditions, exclusions or qualifications contained in this Terms and Conditions (Returns) Policy, manufacturer’s warranty or any other contract or statute. No warranty, or payment of warranty, or payment of warranty work performed, by a third party, will be accept UNLESS:
c) Prior agreement has been given in writing by EcoGas, and
d) EcoGas has been asked to diagnose the issue or concern BEFORE warranty work has been commenced.
If warranty has been accepted by EcoGas then the following payments can be claimed by the repairer on the basis of $66.00AUD per hour:
*
Exchange convertor (whichever brand or type) — .75 of 1 hour
o Exchange of Electronic Injector — .10 of 1 hour
o Exchange of ECU — .10 of 1 hour
o Exchange of Lock Off Driver Box — .10 of 1 hour
We will not pay warranty under any circumstances for tuning of the system or replacement jets etc. All claims for warranty service outside 14 days should, in the first instance, be directed to the manufacturer or their authorised service centre or agent. If the manufacturer directs you to return the product to us as the retailer, then you must contact the EcoGas team within 14 days of first noticing the problem for which you are claiming service under warranty, and at least 14 days before the expiration of the warranty period specified by the manufacturer otherwise we may not be able to authorise a return.
You will be issued with a Return Authorisation Number in accordance with the above procedures, but you will need to specify that the goods are being returned under the manufacturer’s warranty. You should also provide any additional information that may be required under the “Manufacturer’s Warranty” procedures set out in this Terms and Conditions (Returns) Policy. If possible, you should package and address the product for return in accordance with the above procedures (see “Return Procedures”). You will need to arrange for return delivery of the product to the address listed in the above procedures. EcoGas will not pay, nor reimburse any costs associated with a customer-organised shipment under manufacturer’s warranty. The product must be received by our warehouse at least 7 days prior to expiration of the manufacturer’s warranty period so as to allow sufficient time for the product to be returned to the manufacturer before the expiration of the warranty period. Upon receipt of the product, EcoGas will return the product to the manufacturer or its authorised service Centre or agent for repair/ or replacement. The product will be repaired/ or replaced at the sole discretion of the manufacturer. Should the manufacturer determine that the fault is not covered by the manufacturer’s warranty, then we will advise you of the quoted repair costs and ask if you wish to proceed with the repair. If you decide not to proceed with the repair, the manufacturer may charge you an inspection fee. Once the product is returned to EcoGas by the manufacturer or its authorised service centre or agent, we will arrange return delivery of the product to you. For products where the manufacturer has determined that the fault is not covered by the manufacturer’s warranty, we require payment of the manufacturer’s service charges and any costs associated with processing of the return prior to returning the product to you. If you have problems contacting the manufacturer or its authorised service centre or agent, then please contact the EcoGas team so that we can assist you with your warranty claim. Please note that events such as wilful damage, misuse, unauthorised repair or tampering with a product or contaminated gas will prevent a product being accepted for return. If a return is accepted by EcoGas a restocking fee of 25% of the invoice cost of the item will be applied and payable BEFORE EcoGas accepts the return. A copy of the End User Terms and Conditions must have been supplied with the EcoGas equipment so that the end user is fully aware of the Warranty of the EcoGas Products. NB. All and any third party equipment warranty such as tanks, must be taken up by the original supplier or manufacturer. EcoGas does not provide warranty for items such as these. 4. NON-WARRANTY SERVICE AND REPAIRS All claims for Service not covered by any kind of warranty should, in the first instance, be directed to the manufacturer or its authorised service centre or agent. If the manufacturer directs you to return the product to us as the retailer, then you must contact the EcoGas team. You will be issued with a Return Authorisation Number in accordance with the above procedures, but you will need to specify that the goods are being returned for “Non-Warranty Service or Repairs”. You will need to package and address the product for return in accordance with the above procedures (see “Return Procedures”). You will need to arrange for return delivery of the product to the address listed in the above procedures. EcoGas will not pay or reimburse any costs associated with a customer-organised shipment for Non-Warranty Service or Repairs. Upon receipt of the product, EcoGas will return the product to the manufacturer or its authorised service centre or agent for repair. The product will be repaired at the sole discretion of the manufacturer. Once the manufacturer has determined a repair cost, we will advise you of the quoted repair costs and ask if you wish to proceed with the repair. If you decide not to proceed with the repair, the manufacturer may charge you an inspection fee. Once the product is returned to EcoGas from by the manufacturer or its authorised service centre or agent, we will arrange return delivery of the product to you. We require payment of the manufacturer’s service charges and any costs associated with processing of the return prior to returning the product to you. If you have problems contacting the manufacturer or its authorised service centre or agent, then please contact the EcoGas team so that we can assist in getting your product repaired. 5. PRICES & PAYMENT
For each order, you must pay: the applicable price for the relevant goods confirmed by EcoGas; and the delivery and handling fee (if specified) on the proforma invoice or tax invoice (whichever is relevant) at that time.
For each offline order or quantity-based order, we will advise you of total order amount before the order is processed and then negotiate the most appropriate payment method. Your order and credit card details are safe and secure. We do not accept or store any credit card details. Credit card information is provided directly to Secure Pay Secure Payment Gateway. Secure Pay use encoded Secure Sockets Layer (SSL) technology, an encryption protocol that protects data as it travels over the Internet. We only accept payments using CASH EFT or Credit cards. We are unable to accept COD charges. Payment must be cleared before the goods are dispatched. We reserve the right to request additional information under certain circumstances to ensure the security of our customers credit card details and to ensure we are not the victims of credit card fraud. If you place an order by credit card you may be requested to supply additional identification to validate your identity before the order is processed. 6. DELIVERY POLICY Our comprehensive delivery policy is available by request from EcoGas. 7. YOUR ACCOUNTYou agree to take responsibility for the safekeeping of your user name and password. You are liable if your user name or password is used by an unauthorised person. You agree to release and indemnify EcoGas in connection with any use (whether authorised or unauthorised) of your user name or password. EcoGas may suspend or cancel your account at any time without prior notice. 8. PICTURES EcoGas aims to include up-to-date pictures of all of the goods on this web site. However, our picture of the goods may differ from the actual goods. 9. PRIVACY EcoGas will comply with the EcoGas Privacy Policy. EcoGas will not reveal your personal information to external organisations except for the purposes of fulfilling your order. 10. LIABILITY Any liability of EcoGas in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of EcoGas be limited to: i. in relation to goods, the replacement of the goods or the supply of equivalent goods; and ii. in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again. 11. CHANGES TO POLICIES Each order is governed by our return and refund, privacy and delivery policies current when the order is placed. EcoGas may add to, delete or otherwise change these policies without notice. It is your responsibility to read and understand our policies each time you place an order. 12. APPLICABLE LAW All purchases under this web site and these terms and conditions are subject to the laws of New South Wales, Australia.
Please don’t hesitate to contact the EcoGas team if you require clarification of any aspect of our Returns and Refund Policy
TERMS AND CONDITIONS (Returns and Refund) Policy Contents: 1. INTRODUCTION AND OVERVIEW 2. RETURN PROCEDURES 2.1a DEAD ON ARRIVAL PRODUCT 2.1B DAMAGED IN TRANSIT PRODUCT 2.1C INCORRECTLY SHIPPED PRODUCT 2.1D FAULTY PRODUCT 2.2 MANUFACTURER’S RETURN POLICY 2.3 OPENED PRODUCT 2.4 NO RETURN BASIS PRODUCT 2.5 PROCESSING CREDITS/REFUNDS 3. MANUFACTURERS WARRANTY 4. NON-WARRANTY SERVICE AND REPAIRS 5. PRICES & PAYMENT 6. DELIVERY POLICY 7. YOUR ACCOUNT 8. PICTURES 9. PRIVACY 10. LIABILITY 11. CHANGES TO POLICIES 12. APPLICABLE LAW 1. INTRODUCTION AND OVERVIEW All products purchased from EcoGas Systems P/L (EcoGas) are sold on a “No Return Basis”, so please choose carefully. We offer a return policy on products that are “Dead on Arrival”, “Damaged in Transit” or “Incorrectly Shipped”. Details of our “No Return Basis”, “Dead on Arrival”, “Damaged in Transit” and “Incorrectly Shipped” policies are provided below. Unless otherwise specified, the rights and benefits set out in this Terms and Conditions (Returns) Policy are additional to all conditions, warranties, guarantees, rights, remedies and other terms expressed or implied under any manufacturer’s warranty. Details of our manufacturer’s warranty Terms and Conditions (Returns) Policy are set out below. Nothing in this Terms and Conditions (Returns) Policy excludes, or purports to exclude, any warranties or conditions expressed or implied by the Trade Practices Act 1974 (Commonwealth) or any other applicable legislation, that cannot be (or have not been) excluded by agreement. This Terms and Conditions (Returns) Policy must be read subject to such warranties and conditions, and all references in this Terms and Conditions (Returns) Policy to “statute” refer to statutory provisions that cannot be (or have not been) excluded by agreement. EcoGas HEREBY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. This Returns and Refund Policy forms part of, and is to be read in conjunction with, EcoGas’ Delivery and Privacy Policies. EcoGas may, at its sole option, revise any part of this Returns and Refund Policy from time to time without notice. Prices and availability are subject to change without notice. Typographical, product description, pricing, images and other errors are subject to correction, even after orders and/or payment are accepted. EcoGas does not guarantee product compatibility. Under certain circumstances, products will not be eligible for return, and not all products that are eligible for return are to be returned to EcoGas. Carefully review all return policies (below) before making your purchase. Shipping charges may apply and are not refundable, except as otherwise provided under this Terms and Conditions (Returns) Policy, manufacturer’s warranty or other contract or statute.
If you still have questions after reading our Terms and Conditions (Returns) Policy, please do not hesitate to contact the EcoGas team.
2. RETURN PROCEDURES All goods to be returned, whether defective or not, will require a Return Authorisation Number before they can be returned. To obtain a Return Authorisation Number, please contact the EcoGas team. You will need to supply the following information, most of which will be on your packing slip or invoice before we can issue a Return Authorisation Number: • Name and contact details of original purchaser • Our order number • Part number of product to be returned • Date on packing slip or invoice • Reason for return • Your name and contact details Each Return Authorisation Number is only valid for one (1) product and must match the product authorised for return. Return Authorisation Numbers are only valid for 7 days, so we must receive the returned product within this period; otherwise, the return may not be accepted if it is returned as “Unopened Product”. It is the responsibility of the customer to ensure that all products are suitably packaged in order to prevent damage during return shipping. The customer must not write on or attach labels to the product being returned; otherwise, the return may not be accepted if it is returned as “Unopened Product”. A copy of the original packing slip or invoice, or other proof of purchase, must be included with the returned product. If such proof of purchase is not provided, we may only be able to offer a replacement product, or a refund. The Return Authorisation Number should be clearly visible on the outside of the product-shipping carton and addressed to the following address (unless otherwise directed): EcoGas — Returns 26B Hilly Street Mortlake NSW 2137 Australia. For “Dead on Arrival”, “Damaged in Transit” or “Incorrectly Shipped” product, EcoGas will arrange for the product to be picked up for return to EcoGas. The method might vary depending on the product. For all other returns, subject to any rights the customer might have under manufacturer’s warranty or otherwise under contract or statute, the customer is responsible for all costs associated with return of the product to EcoGas and EcoGas will not pay or reimburse any associated costs. EcoGas recommends that products returned by post be sent by registered or certified mail. EcoGas accepts no responsibility for loss or damage occurring in transit on return to EcoGas. If a product is not “Dead on Arrival”, “Damaged in Transit” or otherwise returnable under this Terms and Conditions (Returns) Policy, and is not returned to us in the original unopened packaging, it may be returned to you at your cost. EcoGas will test all products returned as “Dead on Arrival” or “Damaged in Transit” within 7 days of receipt into EcoGas possession. Some products may need to be returned to the manufacturer for testing. If your product is in full working condition or any defects or damage can be shown to have been caused after you took receipt of the product, it will be returned to you and you will be invoiced for the processing and freight costs associated with the return. These invoiced amounts will be payable by you within 30 days of receipt of invoice. Unless stated otherwise under this Terms and Conditions (Returns) Policy, any manufacturer’s warranty or other contact or statute, EcoGas reserves the right to refuse any returns that:
• are incomplete or missing parts; or • are not returned in their original packaging,
• show signs of physical damage to the product or its packaging. • do not include a valid Return Authorisation Number on the shipping label. • have an expired Return Authorisation Number. Please note that events such as wilful damage, misuse, unauthorised repair or tampering with a product may prevent a product being accepted for return. Absolutely no refunds on turbo kits, intercoolers, wheels, exhaust systems, down pipes, brake kits, coil over kits, special orders or electronic parts 2.1a Dead on Arrival Product In the event that you receive a product that is not in working order, you should notify our Customer Service staff immediately upon receipt of the product. In the event that a product develops a fault that appears to have been caused during its manufacture or otherwise prior to purchase (excluding, for example, faults due to wilful damage, environmental conditions or customer misuse post-purchase), you should contact the EcoGas team immediately upon noticing the fault so we can process the return as a “Dead on Arrival Product”. You will be issued with a Return Authorisation Number in accordance with the above procedures. If possible, you should package and address the product for return in accordance with the above procedures (see “Return Procedures”). To minimise processing time and potential difficulties in proving the cause of damage, we recommend that all “Dead on Arrival Products” be returned to EcoGas within 14 days of purchase. We will arrange for the product to be collected from you for return to EcoGas. If it is reasonably determined, by EcoGas or the manufacturer, that the product is not defective, it will be returned to you and you will be invoiced a processing fee and freight costs associated with the return. These invoiced amounts will be payable by you within 30 days of receipt of invoice. For products which are determined, by EcoGas or the manufacturer, to be “Dead on Arrival”, a credit will be issued for the original purchase price of the product returned and the freight costs associated with the initial delivery to you. Please note that events such as wilful damage, misuse, unauthorised repair or tampering with a product may prevent a product being accepted for return. 2.1b Damaged in Transit Product In the event that you receive a product that appears to have been “Damaged in Transit” – that is, damaged in transit from EcoGas to you – you should: • Refuse to accept delivery of the product, • Direct the courier to “Return goods to sender” and • Contact the EcoGas team immediately. If you have already accepted delivery, and then notice that the product appears to have been damaged in transit, you should contact the EcoGas team immediately. You will be issued with a Return Authorisation Number in accordance with the above procedures. If possible, you should package and address the product for return in accordance with the above procedures (see “Return Procedures”). To minimise processing time and potential difficulties in proving the cause of damage, we recommend that all “Damaged in Transit Products” be returned to EcoGas within 14 days of purchase. We will arrange for the product to be collected from you for return to EcoGas. If it is reasonably determined by EcoGas that the product has not been damaged in transit, it will be returned to you and you will be invoiced a processing fee and freight costs associated with the return. These invoiced amounts will be payable by you within 30 days of receipt of invoice. For products which are determined by EcoGas to be damaged in transit, a credit will be issued for the original purchase price of product returned and the freight costs associated with the initial delivery to you. Please note that events such as wilful damage, misuse, unauthorised repair or tampering with a product may prevent a product being accepted for return.
2.1c Incorrectly Shipped Product In the event that you receive a product that is different to the one ordered (“Incorrectly Shipped Product”), you should contact the EcoGas team immediately upon receipt of the product. You will be issued with a Return Authorisation Number in accordance with the above procedures. If possible, you should package and address the product for return in accordance with the above procedures (see “Return Procedures”). For all “Incorrectly Shipped Products”, a credit will be issued for the original purchase price of product returned and the freight costs associated with the initial delivery to you. We will arrange for the product to be collected from you for return to EcoGas. If it is found by EcoGas that the product was shipped correctly (for example, where you have ordered the wrong product by mistake), it will be returned to you unless validly returned under one of the other policies contained in this Terms and Conditions (Returns) Policy. If it is returned to you, you will be invoiced a processing fee and freight costs associated with the return. These invoiced amounts will be payable by you within 30 days of receipt of invoice. Please note that events such as wilful damage, misuse, unauthorised repair or tampering with a product may prevent a product being accepted for return. 2.1d Faulty Product In the event that the product you have received is faulty on receipt or develops a fault, you may be able to return it under one of the “Dead on Arrival Product” or “Damaged in Transit Product” procedures above. Please note that events such as wilful damage, misuse, unauthorised repair or tampering with a product may prevent a product being accepted for return. In such cases, the manufacturer’s warranty may also apply. Please refer to the procedures below in relation to manufacturers’ warranties. 2.2 Manufacturer’s Return Policy If manufacturer offers to accept opened product for return, then we will honour the manufacturer’s Terms and Conditions (Returns) Policy where it involves us as the retailer. The manufacturer’s Terms and Conditions (Returns) Policy will direct you to either: • return the product directly to the manufacturer, its agent or a third party service provider; or • return the product to the retailer from whom the product was originally purchased. If the manufacturer directs you to return the product to the manufacturer, agent or a third party, then you should arrange for the product to be returned as directed and otherwise in accordance with the manufacturer’s Terms and Conditions (Returns) Policy. The manufacturer will then organise any refund, repair or replacement payable under the policy. If the manufacturer directs you to return the product to us as the retailer, then you should contact the EcoGas team at least 7 days before the expiration date specified by the manufacturer; otherwise, the return may not be authorised in some circumstances. You will be issued with a Return Authorisation Number in accordance with the above procedures, but you should specify that the goods are being returned under the manufacturer’s Terms and Conditions (Returns) Policy. You should also provide any additional information that may be required under the manufacturer’s Terms and Conditions (Returns) Policy. Where possible (and to the extent consistent with the manufacturer’s Terms and Conditions (Returns) Policy), • You will need to package and address the product for return in accordance with the above procedures (see “Return Procedures”) and • You will need to arrange for return delivery of the product to EcoGas at the address listed in the above procedures.
EcoGas will not pay or reimburse any costs associated with a customer-organised shipment unless it agrees to do so or is required to do so under this Terms and Conditions (Returns) Policy. The product should be received by our warehouse within the period specified by the Manufacturer; otherwise, the return may not be authorised in some
circumstances. For products which are validly returned under manufacturers return policy, a credit will be issued for the original purchase price of product returned less any freight costs associated with the initial delivery to you and the return delivery. If the product has not been validly returned under manufacturer’s return policy (or any other policy described in this Terms and Conditions (Returns) Policy), it will be returned to you and you will be invoiced a processing fee and freight costs associated with the return. These invoiced amounts will be payable by you within 30 days of receipt of invoice. Please note that events such as wilful damage, misuse, unauthorised repair or tampering with a product may prevent a product being accepted for return. The following paragraphs must be read subject to any conditions, exclusions or qualifications contained in this Terms and Conditions (Returns) Policy, manufacturer’s warranty or any other contract or statute. No warranty, or payment of warranty, or payment of warranty work performed, by a third party, will be accept UNLESS:
a) Prior agreement has been given in writing by EcoGas, and
b) EcoGas has been asked to diagnose the issue or concern BEFORE warranty work has been commenced.
If warranty has been accepted by EcoGas then the following payments can be claimed by the repairer on the basis of $66.00AUD per hour:
Exchange convertor (whichever brand or type) — .75 of 1 hour
Exchange of Electronic Injector — .10 of 1 hour
Exchange of ECU — .10 of 1 hour
Exchange of Lock Off Driver Box — .10 of 1 hour
We will not pay warranty under any circumstances for tuning of the system or replacement jets etc. 2.3 Opened Product We will not accept any opened product for return unless the product is returnable under the express terms of this Terms and Conditions (Returns) Policy, or under manufacturer’s warranty or other contract or statute. Examples of conditions under which we would accept opened product are: • “Dead on Arrival” or “Damaged in Transit” product. • Product which develops a fault due to a cause occurring prior to purchase. • Product that could be considered to be not of merchantable quality. • Product that fails to perform to the manufacturer’s specifications. • Product that fails to perform as advertised. Please note that events such as wilful damage, misuse, unauthorised repair or tampering with a product may prevent a product being accepted for return. If a return is accepted by EcoGas a restocking fee of 25% of the invoice cost of the item will be applied and payable BEFORE EcoGas accepts the return. 2.4 No Return Basis Product The term “No Return Basis” means that, unless the product is “Dead on Arrival”, or “Damaged in Transit”, “Incorrectly Shipped” or otherwise returnable under manufacturer’s warranty or other contract or statute, the product will not be accepted for return. Examples of conditions under which we would accept “No Return Basis” product are:
• “Dead on Arrival” or “Damaged in Transit” product. • Product that could reasonably be considered to be not of merchantable quality.
• Product that fails to perform to the manufacturer’s specifications. • Product that fails to perform as advertised. Please note that events such as wilful damage, misuse, unauthorised repair or tampering with a product or contaminated gas will prevent a product being accepted for return. 2.5 Processing Credits/Refunds A credit note will normally be issued within 7 days of us receiving the goods returned in accordance with this Terms and Conditions (Returns) Policy, with the exception of goods that are not obviously faulty and may require testing. Where a product is returned because you believe it is faulty and the fault cannot be observed by our internal testing, the product may need to be tested by the manufacturer. In such cases, the testing process may result in delays of up to 28 days before we can determine whether a credit note will be issued. The credit note which is issued can then be used as a payment against future purchases or converted to a refund. We will only issue refunds on request. For your security, all refunds will be made either by cash, cheque, or by applying a credit against the credit card used for the original purchase. The actual method of refund will depend upon the payment method used for the original purchase. In some circumstances, we may elect that a replacement product or repair is sufficient remedy instead of a full refund. This election will be at our sole discretion, but will only occur after consultation with you and in accordance with relevant warranties, other contracts and statutes. If we elect to have a product replaced or repaired, we will do this at our cost and return the product (or its replacement) to you promptly; in these circumstances, we will still refund your freight costs. 3. MANUFACTURER’S WARRANTY With the exception of products that are clearly marked as “Ex-Demo”, “Ex-Rental”, soiled, second hand, imperfect or damaged, all products, unless noted otherwise, are sold with a full manufacturer’s warranty. The warranty periods and service levels vary by manufacturer and product. The following paragraphs must be read subject to any conditions, exclusions or qualifications contained in this Terms and Conditions (Returns) Policy, manufacturer’s warranty or any other contract or statute. No warranty, or payment of warranty, or payment of warranty work performed, by a third party, will be accept UNLESS:
c) Prior agreement has been given in writing by EcoGas, and
d) EcoGas has been asked to diagnose the issue or concern BEFORE warranty work has been commenced.
If warranty has been accepted by EcoGas then the following payments can be claimed by the repairer on the basis of $66.00AUD per hour:
Exchange convertor (whichever brand or type) — .75 of 1 hour
Exchange of Electronic Injector — .10 of 1 hour
Exchange of ECU — .10 of 1 hour
Exchange of Lock Off Driver Box — .10 of 1 hour
We will not pay warranty under any circumstances for tuning of the system or replacement jets etc. All claims for warranty service outside 14 days should, in the first instance, be directed to the manufacturer or their authorised service centre or agent. If the manufacturer directs you to return the product to us as the retailer, then you must contact the EcoGas team within 14 days of first noticing the problem for which you are claiming service under warranty, and at least 14 days before the expiration of the warranty period specified by the manufacturer otherwise we may not be able to authorise a return.
You will be issued with a Return Authorisation Number in accordance with the above procedures, but you will need to specify that the goods are being returned under the manufacturer’s warranty. You should also provide any additional information that may be required under the “Manufacturer’s Warranty” procedures set out in this Terms and Conditions (Returns) Policy. If possible, you should package and address the product for return in accordance with the above procedures (see “Return Procedures”). You will need to arrange for return delivery of the product to the address listed in the above procedures. EcoGas will not pay, nor reimburse any costs associated with a customer-organised shipment under manufacturer’s warranty. The product must be received by our warehouse at least 7 days prior to expiration of the manufacturer’s warranty period so as to allow sufficient time for the product to be returned to the manufacturer before the expiration of the warranty period. Upon receipt of the product, EcoGas will return the product to the manufacturer or its authorised service Centre or agent for repair/ or replacement. The product will be repaired/ or replaced at the sole discretion of the manufacturer. Should the manufacturer determine that the fault is not covered by the manufacturer’s warranty, then we will advise you of the quoted repair costs and ask if you wish to proceed with the repair. If you decide not to proceed with the repair, the manufacturer may charge you an inspection fee. Once the product is returned to EcoGas by the manufacturer or its authorised service centre or agent, we will arrange return delivery of the product to you. For products where the manufacturer has determined that the fault is not covered by the manufacturer’s warranty, we require payment of the manufacturer’s service charges and any costs associated with processing of the return prior to returning the product to you. If you have problems contacting the manufacturer or its authorised service centre or agent, then please contact the EcoGas team so that we can assist you with your warranty claim. Please note that events such as wilful damage, misuse, unauthorised repair or tampering with a product or contaminated gas will prevent a product being accepted for return. If a return is accepted by EcoGas a restocking fee of 25% of the invoice cost of the item will be applied and payable BEFORE EcoGas accepts the return. A copy of the End User Terms and Conditions must have been supplied with the EcoGas equipment so that the end user is fully aware of the Warranty of the EcoGas Products. NB. All and any third party equipment warranty such as tanks, must be taken up by the original supplier or manufacturer. EcoGas does not provide warranty for items such as these. 4. NON-WARRANTY SERVICE AND REPAIRS All claims for Service not covered by any kind of warranty should, in the first instance, be directed to the manufacturer or its authorised service centre or agent. If the manufacturer directs you to return the product to us as the retailer, then you must contact the EcoGas team. You will be issued with a Return Authorisation Number in accordance with the above procedures, but you will need to specify that the goods are being returned for “Non-Warranty Service or Repairs”. You will need to package and address the product for return in accordance with the above procedures (see “Return Procedures”). You will need to arrange for return delivery of the product to the address listed in the above procedures. EcoGas will not pay or reimburse any costs associated with a customer-organised shipment for Non-Warranty Service or Repairs. Upon receipt of the product, EcoGas will return the product to the manufacturer or its authorised service centre or agent for repair. The product will be repaired at the sole discretion of the manufacturer. Once the manufacturer has determined a repair cost, we will advise you of the quoted repair costs and ask if you wish to proceed with the repair. If you decide not to proceed with the repair, the manufacturer may charge you an inspection fee. Once the product is returned to EcoGas from by the manufacturer or its authorised service centre or agent, we will arrange return delivery of the product to you. We require payment of the manufacturer’s service charges and any costs associated with processing of the return prior to returning the product to you. If you have problems contacting the manufacturer or its authorised service centre or agent, then please contact the EcoGas team so that we can assist in getting your product repaired. 5. PRICES & PAYMENT
For each order, you must pay: the applicable price for the relevant goods confirmed by EcoGas; and the delivery and handling fee (if specified) on the proforma invoice or tax invoice (whichever is relevant) at that time.
For each offline order or quantity-based order, we will advise you of total order amount before the order is processed and then negotiate the most appropriate payment method. Your order and credit card details are safe and secure. We do not accept or store any credit card details. Credit card information is provided directly to Secure Pay Secure Payment Gateway. Secure Pay use encoded Secure Sockets Layer (SSL) technology, an encryption protocol that protects data as it travels over the Internet. We only accept payments using CASH EFT or Credit cards. We are unable to accept COD charges. Payment must be cleared before the goods are dispatched. We reserve the right to request additional information under certain circumstances to ensure the security of our customers credit card details and to ensure we are not the victims of credit card fraud. If you place an order by credit card you may be requested to supply additional identification to validate your identity before the order is processed. 6. DELIVERY POLICY Our comprehensive delivery policy is available by request from EcoGas. 7. YOUR ACCOUNT You agree to take responsibility for the safekeeping of your user name and password. You are liable if your user name or password is used by an unauthorised person. You agree to release and indemnify EcoGas in connection with any use (whether authorised or unauthorised) of your user name or password. EcoGas may suspend or cancel your account at any time without prior notice. 8. PICTURES EcoGas aims to include up-to-date pictures of all of the goods on this web site. However, our picture of the goods may differ from the actual goods. 9. PRIVACY EcoGas will comply with the EcoGas Privacy Policy. EcoGas will not reveal your personal information to external organisations except for the purposes of fulfilling your order. 10. LIABILITY Any liability of EcoGas in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of EcoGas be limited to: i. in relation to goods, the replacement of the goods or the supply of equivalent goods; and ii. in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again. 11. CHANGES TO POLICIES Each order is governed by our return and refund, privacy and delivery policies current when the order is placed. EcoGas may add to, delete or otherwise change these policies without notice. It is your responsibility to read and understand our policies each time you place an order. 12. APPLICABLE LAW All purchases under this web site and these terms and conditions are subject to the laws of New South Wales, Australia.
Please don’t hesitate to contact the EcoGas team if you require clarification of any aspect of our Returns and Refund Policy
