Terms of service

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://www.thebushcompany.com.au website (the “Service”) operated by CapRax (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of CapRax and its licensors.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by CapRax.

CapRax has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that CapRax shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Australia without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.

Shipping Options

We offer a range of shipping options including delivery to home addresses, businesses and freight depots. View our Shipping Policy here.

CONDITIONS OF QUOTATION & SALE

In these conditions:

'the Seller' means CapRax or it's appointed stockist.

'the Buyer' means the person or corporation placing an order with the Seller for the purchase of Goods or Services.

'the Goods' or 'Services' means those goods and/or services listed on the Buyers order and the Seller's invoice(s) supplied by the Seller to the Buyer under a contract of which these conditions form part thereof.

Prices quoted by CapRax are firm for acceptance to 30 days from the date of written quotation. After 30 days from the date of written quotation prices are subject to confirmation
Should the Buyer require for goods to be stored by the Seller beyond the stated delivery times as shown on the Buyer's order the goods, invoices for goods are due and payable as per Clauses 5, 6 & 8 of Conditions of Sales herein.
The tender of the goods and/or services is made on the condition that placement of an order with the Seller by the Buyer or its authorised agent shall constitute confirmation by the Buyer of his acceptance of an offer made by the Seller to sell the Goods and/or Services upon the conditions herein contained.
Unless otherwise noted in writing the Buyer requests the Seller to act as it's agent for the purpose of arranging on the Buyer's behalf and at the Buyer's expense delivery of the goods by the Seller or it's agent authorised for the purpose to the Buyer or as the Buyer directs.
For private individual Buyer’s insurance of the goods is to be arranged by the Seller and at the Buyer's expense, any claims resulting from damage in transit are subject to the conditions outlined in ‘Damage In Transit’ above. For orders placed on the Seller by commercial entities and approved stockists’ insurance of the goods is to be arranged by the Buyer and at the Buyer's expense from the moment property in the goods leaves CapRax's premises.
Where the services referred to in Clause 5 are provided by the Seller, the Seller's standard charge will be charged as set out on the invoice.
Terms of Payment: unless by prior agreement in writing by the Seller, all goods and services are to be paid for in full prior to them leaving CapRax's premises.
Price Variation:
1. Prices are subject to change without notice.
2. GST will be charged at the appropriate rate ruling at the date of invoicing.
Supply and delivery of goods and services:
1. Any time quoted for delivery is an estimate only and without engagement. If the Seller is delayed by any circumstances or event beyond its reasonable control, then the Seller may suspend delivery or extend delivery times. The Seller shall under no circumstances be liable for any damages, expenses, costs or otherwise arising out of any delay in delivery.
2. Goods offered ex. stock are subject to prior sale.
3. Where an order covers a number of items the Seller reserves the right to allocate and invoice all or any of such items and normal terms of payment shall apply to each invoice.
Claims: No claim in reference to items on the Buyer’s invoice will be recognised unless such claim is made in writing within fourteen (14) days of the goods or services being received by the Buyer
Warranty: The Seller warrants in accordance with the terms of warranty and conditions specified to each product that in the event of any defect becoming apparent in the product due to either FAULTY MATERIALS or WORKMANSHIP within a period indicated by the Seller from the date of the original purchase, such defect will be rectified without cost for either labour or materials at the premises of the Seller, or it's Authorised Service Agent. The Seller's express warranty is additional to the rights and remedies available under the Trade Practices Act and other consumer laws. PROVIDED THAT the Buyer shall not be entitled to the benefit of any warranties or service from the Seller until the goods have been paid for by the Buyer.
Variations of Terms or Service or Conditions of Sale: No variations of these conditions and terms of sale shall be binding on the Seller unless agreed to in writing by the Seller.
These Seller's Terms or Service or Conditions of Sale shall apply to all contracts arising from the Buyer placing an order with the Seller not withstanding any terms and conditions contained in or appended to the Buyer's order.
The Buyer agrees and confirms by placement of an order on the Seller that he has read and fully understands the Terms or Service or Conditions of Sale contained herein.

Refund Policy

See our Refund Policy here.

Last updated: December 1, 2021