Terms and Conditions

1 . Governing Terms and conditions

This website is operated by OZSHARK GROUP PTY LTD T/A OzCoolers (ABN 24 650 889 688). Throughout the site, the terms “we”, “us” and “our” refer to OZSHARK GROUP PTY LTD T/A OzCoolers. OzCoolers offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

2 . Consumer Rights

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. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Nothing in these Conditions must be read or applied so as to exclude, restrict or modify any condition, warranty, guarantee, right, remedy or consumer guarantee implied by law (including the Australian Consumer Law) which by law cannot be excluded, restricted or modified.

How to Make a Warranty Claim

To make a warranty claim, contact OzCoolers by email at info@ozcoolers.com.au or by phone on 1300 885 693. Please provide:

· Your invoice number
· The product model and serial number
· A description of the fault
· Photos or videos of the fault where possible
· For ice machines, proof of servicing (see clause 7)

We will assess your claim and, where required, arrange an inspection by OzCoolers or an authorised service agent. Where the fault is covered by warranty or the Australian Consumer Law, the repair or replacement will be carried out at no cost to you, except for any costs excluded under clause 18.

Our Details

OZSHARK GROUP PTY LTD T/A OzCoolers
ABN 24 650 889 688
Ste 532/585 Little Collins St, Melbourne VIC 3000
Phone: 1300 885 693
Email: info@ozcoolers.com.au

3. Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. View our Privacy Policy for more details.

4. Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express wrote permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

5. Error, inaccuracies, and omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

6 . Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

7. Ice Machines

a) Ice machines must be installed by a licensed technician.
b) The Goods must be serviced by a licensed technician at a minimum every twelve (12) months as per the manufacturer's specifications and OzCoolers/Supplier reserves the right to ask for proof of service prior to attending the site for any Warranty Claims.
c) Failure to adequately clean and complete preventative maintenance to the Goods at a minimum every six (6) months as per the manufacturer’s specifications will affect the claim of warranty and reduce the production capacity of the Goods. Please contact us for more information about preventative maintenance.
d) Cleaning and maintenance of water filters should be carried out a minimum of every three (3) months. This includes changing the filter cartridge. Failure to do so will void warranty of any Goods damaged or affected by this.

 

8. TERMS OF DELIVERY

Any delivery time OzCoolers gives to the Purchaser is only an estimate. We will use reasonable endeavors to ensure its delivery companies meet delivery estimates. However as delivery done by third party delivery company OzCoolers cannot be held liable for any delay in delivery.

Full delivery prices and options are listed on the OzCoolers website and are subject to change from time to time.

Certain large, heavy or bulky items and deliveries to offshore/remote deliveries (including Tasmania) will attract higher delivery prices and delivery times will be longer, depending on the delivery location. 

The risk in the Goods transfers to the Customer at the time of delivery but the title will not pass until payment has been made in full for the Goods in question. Customers are advised to notify OzCoolers immediately if Goods are delivered in damaged or soiled packaging.

Goods delivered are used, stored and installed at the Customer's own risk and OzCoolers will not be liable for any damage, loss or disruption caused by the same unless caused by OzCoolers' negligence. Where installation/disconnection services have been ordered by the Customer, further charges, terms, and conditions may apply as communicated by OzCooler to the Customer before delivery.

All deliveries will be to a curb side or a loading dock only 
Will NOT bring the item(s) inside). The Unit will be delivered on a pallet.

Any other forms of delivery will incur additional charges. The delivery person/driver may at his/her discretion assist with delivering the Goods to a location within the premises nominated by the Customer, at the Customer's sole risk.

If the Customer will not or does not accept delivery when the Goods are ready for delivery or OzCooler or its agent cannot affect delivery because OzCooler or its agent consider at the time of delivery that delivery would be hazardous or would be contrary to their policies, industry practice or statutory requirements or because the Customer has not provided OzCoolers with appropriate instructions, documents, licences or authorizations to properly, legally and safely effect delivery of the Goods, risk in the Goods passes to the Customer, the Goods will be deemed delivered, and OzCoolers may store the Goods until actual delivery, in which case, the Customer will be liable to OzCooler for all related costs, such as re-delivery charges, storage, and insurance.

9. GUARANTEE OF PERFORMANCE. 

a) OzCoolers warrants the Equipment against defects in materials and workmanship for the warranty period shown on your invoice, starting from the invoice date.

b) If a covered defect occurs during the warranty period, OzCoolers will, at its option, repair or replace the defective part or Equipment. Covered repairs and replacements are carried out at no cost to you, including parts and labour, within OzCoolers' service area.

c) This warranty does not cover faults that OzCoolers, acting reasonably, determines were caused by:
· fair wear and tear;
· negligence, misuse or lack of care;
· repairs, adjustments or parts replacement by anyone other than OzCoolers or the manufacturer's authorised representatives, or the use of non-genuine parts;
· use of the Equipment for a purpose other than that for which it is ordinarily supplied;
· any other exclusion listed in clause 18.

d) If a service call finds no covered fault, or the fault is excluded, call-out, labour and parts costs may be charged to you. Travel costs may also apply where the Equipment is outside OzCoolers' service area (see clause 18).

e) To the extent permitted by law, OzCoolers' liability for defective Equipment is limited to repair or replacement of the Equipment, or the cost of doing so, and does not include consequential loss, economic loss or loss of profits.

f) This warranty is in addition to your rights under the Australian Consumer Law (see clause 2).

10. Limitation of Liability

10.1 Website. We aim to keep our website available and accurate, but we do not guarantee that it will be uninterrupted, error-free or free from viruses. We may suspend or withdraw any part of the website at any time.

10.2 Consumer guarantees. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or any other law that cannot be excluded.

10.3 Goods not ordinarily acquired for personal use. Where goods are not of a kind ordinarily acquired for personal, domestic or household use, and to the extent permitted by law, our liability for a failure to comply with a consumer guarantee is limited, at our option, to:
(a) replacing the goods or supplying equivalent goods;
(b) repairing the goods;
(c) paying the cost of replacing the goods or acquiring equivalent goods; or
(d) paying the cost of having the goods repaired.

10.4 Other loss. Except for liability that cannot be excluded by law, we are not liable for any indirect or consequential loss, including loss of profit, loss of revenue or spoiled stock, arising from the supply or use of the goods or the website.

10.5 Our suppliers. We sell goods made by third-party manufacturers. Any manufacturer's warranty is in addition to your rights under the Australian Consumer Law.

11. Indemnity

You agree to indemnify, defend and hold harmless OzCoolers and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

12. Title to the equipment/products

OzCooler remains the sole and absolute owner of the Equipment and products until the whole of the purchase price and transport and other charges have been paid in full. Equipment will not leave OzCoolers supplier’s warehouse until payment is made for the Equipment and the expected delivery charges and funds are cleared.

13. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

14. Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

15. Price Match

We do not price match on SKOPE units. 

16. Warranties and Returns

16.1 Damage on delivery

(a) Please inspect large goods, such as fridges and freezers, when they are delivered and note any damage on the delivery docket before signing.

(b) Please report any delivery damage to us within 24 hours of delivery, with photos, so we can make a claim against the carrier.

(c) Reporting late does not remove your rights under the Australian Consumer Law. It may make it harder for us to establish that the damage occurred in transit.

16.2 Faulty, incorrect or missing goods

(a) If your goods are faulty, incorrect or incomplete, contact us in writing as soon as possible, ideally within 5 business days of delivery.

(b) Your remedies for faulty goods are set out under the Australian Consumer Law and in clauses 9 and 18.

(c) No restocking fee applies to faulty or incorrectly supplied goods. We will cover reasonable return freight where the goods are faulty or we supplied the wrong item.

16.3 Change of mind returns

(a) We are not required to accept change of mind returns. Where we do, the following conditions apply.

(b) You must notify us within 5 business days of delivery. The goods must be returned within 7 days of our approval.

(c) Goods must be unused, in saleable condition and in their original packaging.

(d) You pay the original delivery cost and the return freight.

(e) A restocking fee of 25% of the purchase price applies.

(f) Certain goods cannot be returned for hygiene reasons. These will be identified on the product listing.

(g) Please check the product specifications before ordering, including size, ventilation requirements and installation environment.

16.4 Medical fridges and freezers

We do not accept change of mind returns on medical fridges and freezers. This does not affect your rights if the goods are faulty, incorrect or damaged.

16.5 Refunds

(a) Refunds are paid to the original payment method once the returned goods have been received and inspected.

(b) The refund is the purchase price less any fees and freight costs that apply under clause 16.3.

17. Local Pickup / Warehouse Collection

You acknowledge that any damages caused during or as a result of Your own transportation (not using our fragile shipping services) will not be covered under OzCoolers' warranties. Furthermore, you accept full responsibility for any costs associated with damages, repairs and service calls which are required as a result of your own transportation.

18. Warranty Does Not Include

• Any expenses resulting from service calls for either products or faults that are not specifically covered by warranty, (including units which are found to be operating normally). All call out fees will then be borne by the client (at our discretion).
• Items no longer in the position of the original owner (i.e.: warranties are not transferable).
• No Unauthorised Repairs

This clause does not authorise the Customer to undertake or commission any repairs without prior written approval from OzCoolers. All diagnostic, service, and repair work must be authorised by and performed by OzCoolers or its appointed service agents to ensure the product remains covered under warranty.

The Customer must not engage or permit any third-party technician to inspect, service, modify, or repair the product without prior written consent from OzCoolers. Any unauthorised work may result in the product warranty being voided.

• Wear and tear
  • Wheels/Casters
  • Light Globes
  • Hinges
  • Glass
  • Handles
  • Springs
  • Seals/Gaskets
  • Filters (including cleaning of condenser filter in fridges)
  • Cosmetic damages
  • Blades
  • Knobs/Dials
  • Nuts/bolts/screws
  • Feet
  • Locks
  • Runners (door wheels)
  • Power leads
• Any expenses resulting from service calls for both fault diagnosis and repair after the warranty terms have expired. OzCoolers will always attempt to assist after warranty periods have expired with spare parts and service, just as we would within warranty periods.
• It is understood that the client has read our listing and knows all of the specifications in regards to size and the correct environment suited for the fridge. The cost to return is fully borne by the client as well as the initial cost of the delivery, plus a re-stocking fee of 25%. This strictly applies for a 5 day period from the date of the delivery.

• Any expenses resulting from defects to the unit caused by any person, other than OzCooler or its authorized service agents, including;

1. Incorrect installation – such as a lack of ventilation, exposure to the elements where it’s not part of the refrigerator specification, sunlight in particular.
2. Abuse, misuse or alteration.
3. Failure to let compressor oil and/or refrigerant settle after relocation.
4. Damage during movement by the client from one location to another including lifting the unit by the doors or door handles.
5. Insect and/or vermin infestation.
6. Electrical/Power surges and/or storm damage.
7. Damage to any area or structure due to movements of the fridge, like wooden floors, walls, and glass etc.
8. Faults due to client re programming or setting controllers wrong.
9. Blocked condensers due to not being cleaned, it is up to the customer to ensure condensers are cleaned periodically.

• Any indirect, incidental or consequential damages, spoilt wine or frozen/exploded drinks, water damage including condensation forming on outer glass etc., except as provided for by ACL, Australian Consumer Law.

• Units used in ‘moveable’ vehicles (Cars, Vans, Buses etc.) will not be covered under any warranty at all.

• Fridges that do not come under our standard warranted lines, these will be clearly advertised with the warranty information directly pertaining to that product.

• Fluorescent or LED lights, locks, ballast, rusted parts (including Stainless Steel), screws, nuts, and any plastic parts involving basic wear and tear.

• Labour if the technician has to travel outside of OzCoolers' service area, or the mainland of Australia.

• Unauthorised warranty work, without prior approvals from OzCoolers

• Freight costs for repair if the unit is outside the OzCoolers service agent areas, all major capital cities are towns are included but there are some rare remote area’s we cannot service.

• Cool Rooms :Warranty: 12 months , excluding labour, electronic controls and other electronic devices(ie switches, bells,, etc) elements, fans globes, and refrigerant gas. The warranty provided is subject to the purchaser entering into a service contract with a reputable supplier on a regular basis with such a proof of service to be responsible of the purchaser.

19. Payment Terms

(a) Online orders. Payment is due in full at checkout.

(b) Quotes. Quotes are valid for 15 days from the date of issue unless stated otherwise. Prices may change after that due to supplier pricing and freight costs.

(c) Purchase orders. We may accept purchase orders from approved customers, including government, health and education organisations. Where we accept a purchase order:
(i) payment is due within 7 days of the invoice date unless we agree otherwise in writing;
(ii) these Terms apply to the order, and any terms attached to or referred to in the purchase order do not apply unless we have agreed to them in writing.

(d) Deposits. For custom or made-to-order goods, including coolrooms, we may require a deposit of 50% before placing the order with our supplier. Deposits for custom goods are non-refundable once the order is placed, except where the law requires otherwise.

(e) Late payment. If an invoice is overdue, we may charge interest at 10% per annum on the overdue amount, hold further orders and recover reasonable collection costs.

(f) Title. Ownership of goods remains with OzCoolers until paid in full, as set out in clause 12.

20. Discounts

All discounts, promotions, and special offers are provided at our discretion. Unless expressly stated otherwise in writing, discounts cannot be combined, stacked, or used together. Only one discount or promotional offer may apply to any single order or transaction. We reserve the right to withdraw or refuse any discount if it has been applied in error or used in a manner inconsistent with these terms.

21. Governing Law

These Terms are governed by the laws of Victoria, Australia. You and OzCoolers submit to the non-exclusive jurisdiction of the courts of Victoria and the courts that may hear appeals from them.