For sales of Racing Fuels; ETS Racing Fuels may only be supplied for use in legitimate motor or water sport activities, and therefore the fuel may only be supplied:
To an individual who has been issued with and presents a valid and current motor or water sport organization licence and identification card; or
b) To an individual for the purpose of testing or tuning an engine used in legitimate motor or water sport racing activities.Fuel containing greater than one per cent (1%) MTBE or one percent (1%) DIPE is not to be supplied for use in watercraft on fresh water lakes and waterways.All ETS Racing Fuels are subject to the above approval, with the exception of 100MA-3. 100MA-3 complies with the Australian Fuel Quality Standards Act 2000, and therefore is street legal.There will be several other new fuels (which are currently under development) which will also comply with the Australian Fuel Quality Standards Act 2000.
OVERVIEW
All ETS Racing Fuels contain more than one per cent (1%) MTBE and one per cent (1%) DIPE, except ETS 100MA-3, ETS Xprodrag2, and ETS IRF2.
All ETS Racing Fuels must be accompanied by written information relating to the safe handling of the fuel, including the information that fuel containing greater than one percent (1%) MTBE or one percent (1%) DIPE is not to be used in watercraft on fresh water lakes and waterways.
The fuel may only be supplied in sealed drums up to 200 litres in capacity.
OVERVIEW
This website is operated by The MJH Trust Trading as Promotive Engineering. Throughout the site, the terms “we”, “us” and “our” refer to The MJH Trust. The MJH Trust 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.
TERMS OF SERVICE
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.
GENERAL CONDITIONS
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 written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
ERRORS, 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 in 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.
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.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall The MJH Trust, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Promotive Engineering 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.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
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).
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.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info @ promotive.com.au.
INTRODUCTION AND OVERVIEW All products purchased from the MJH Trust 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 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 returns policy are set out below.
Nothing in this 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 Returns Policy must be read subject to such warranties and conditions, and all references in this Returns Policy to “statute” refer to statutory provisions that cannot be (or have not been) excluded by agreement. We 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 our Delivery and Privacy Policies. We 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.
We do 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 us. Carefully review all return policies (below) before making your purchase. Shipping charges may apply and are not refundable, except as otherwise provided under this Returns Policy, manufacturer’s warranty or other contract or statute.
If you still have questions after reading our Returns Policy, please do not hesitate to contact us.
RETURN PROCEDURES All goods to be returned, whether defective or not, will require a Return Authorisation before they can be returned. To obtain a Return Authorisation, please contact the us.
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:
Name and contact details of original purchaser
Our order/invoice 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 14 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 should be clearly visible on the outside of the product-shipping carton and shipped to the point of sale (unless otherwise directed): Promotive Engineering. PO Box 6065. Fairfield Gardens. QLD. 4103.
For “Dead on Arrival”, “Damaged in Transit” or “Incorrectly Shipped” product, we will arrange for the product to be picked up for return to us. The method might vary depending on the product. For all other returns, subject to any rights the customer might have under manufacturer warranty or otherwise under contract or statute, the customer is responsible for all costs associated with return of the product to us and we will not pay or reimburse any associated costs.
We recommend that products returned by post be sent by registered or certified mail. We accept no responsibility for loss or damage occurring in transit on return to us.
If a product is not “Dead on Arrival”, “Damaged in Transit” or otherwise returnable under this Returns Policy, and is not returned to us in the original unopened packaging, it may be returned to you at your cost.
We will test all products returned as “Dead on Arrival” or “Damaged in Transit” within 7 days of receipt into our 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 Returns Policy, any manufacturer’s warranty or other contact or statute, we reserve 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. 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 us 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 us within 14 days of purchase.
We will arrange for the product to be collected from you for return to us. If it is reasonably determined, by us 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 us 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. In the event that you receive a product that appears to have been “Damaged in Transit” That is, damaged in transit from us to you, you should:
Refuse to accept delivery of the product
Direct the courier to “Return goods to sender” and
Contact us immediately
If you have already accepted delivery, and then notice that the product appears to have been damaged in transit, you should contact us immediately. You will be issued with a Return Authorisation 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 us within 14 days of purchase. We will arrange for the product to be collected from you for return to us. If it is reasonably determined by us 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 us 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.
In the event that you receive a product that is different to the one ordered (“Incorrectly Shipped Product”), you should contact us immediately upon receipt of the product. You will be issued with a Return Authorisation 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 us.
If it is found 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 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.
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 manufacturer’s warranties.
If manufacturer offers to accept opened product for return, then we will honour the manufacturer’s returns policy where it involves us as the retailer. The manufacturer’s 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 manufacturers 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 us 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 in accordance with the above procedures, but you should specify that the goods are being returned under the manufacturer’s returns policy. You should also provide any additional information that may be required under the manufacturer’s returns policy.
Where possible (and to the extent consistent with the manufacturer’s 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 us at the address listed in the above procedures. We 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 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 manufacturers return policy (or any other policy described in this 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.
We will not accept any opened product for return unless the product is returnable under the express terms of this 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 manufacturers 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. 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 manufacturers 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.
A credit note will normally be issued within 7 days of us receiving the goods returned in accordance with this 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 or may 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.
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 Returns Policy, manufacturer’s warranty or any other contract or statute.
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 us 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 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 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. We 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, we 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 us 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 us so that we can assist you with your warranty claim.
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 us. You will be issued with a Return Authorisation 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. We will not pay or reimburse any costs associated with a customer-organised shipment for Non-Warranty Service or Repairs. Upon receipt of the product, we 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 us from by the manufacturer or its authorised service centre or agent, we will arrange return delivery of the product to you.
We require payment for 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 us team so that we can assist in getting your product repaired.
For each online order, you must pay: the applicable price for the relevant goods confirmed by us; and the delivery and handling fee specified on the web site 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 PayPal. PayPal use encoded Secure Sockets Layer (SSL) technology, an encryption protocol that protects data as it travels over the Internet.
PAYMENTS
At this stage we can only accept payments using the methods stated in the Orders & Payment section of this web site. 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 customer’s 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.
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 us in connection with any use (whether authorised or unauthorised) of your user name or password. We may suspend or cancel your account at any time without prior notice.
We aim 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. We will not reveal your personal information to external organisations except for the purposes of fulfilling your order. Any liability of us 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 us be limited to:
In relation to goods, the replacement of the goods or the supply of equivalent goods; and
In relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.
Each order is governed by our return and refund, privacy and delivery policies current when the order is placed. We 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.
All purchases under this web site and these terms and conditions are subject to the laws of Queensland, Australia. Please don’t hesitate to contact us if you require clarification of any aspect of our Returns and Refund Policy.
PRIVACY POLICY:
All personal information collected by The MJH Trust, trading as Promotive Engineering and on the promotive.com.au and racefuelqld.com.au websites is done so in line with the 13 Australian Privacy Principles (APPs) that can be found at the OAIC website (www.oaic.gov.au).
Personal information is information that may identify you or by which your identity may be reasonably determined. Such personal information may include your name, address, other contact details, your date of birth, or any other information that may be provided by you in order to access or make use of our services on our websites.
The main way we collect personal information is through you directly or through your authorised representative. That is, when you visit us at www.promotive.com.au or racefuelqld.com.au and submit your personal information or request your personal information to be used (i.e. by subscribing to an email newsletter).
We sometimes collect personal information from a third party or from a publicly available source, but only if: You have consented to such collection or would reasonably expect us to collect your personal information in this way, or
If it is necessary for a specific purpose such as the investigation of a privacy complaint.
Your personal information may be collected through the following services that are used on our website: User contact forms
Cookies & Analytics
Mailing list
Social Network widgets and buttons (Pinterest, Twitter etc.)
Maps/Video and other embedded content
Direct Marketing
Ecommerce (online shopping)
We only collect personal information for purposes which are directly related to our functions or activities under the Privacy Act, the Freedom of Information Act 1982 (FOI Act), and only when it is necessary for or directly related to such purposes.
We only use personal information for the purposes for which we collected it; purposes which are directly related to one of our functions or activities that on the whole create a better user experience for you at our websites.
We do not give personal information about an individual to any government agencies, private sector organisations or anyone else unless one of the following applies:
You have consented
You would reasonably expect, or have told us, that information of this kind is usually passed to those individuals, bodies or agencies
It is otherwise required or authorised by law
It will prevent or lessen a serious and imminent threat to somebody’s life or health, or
It is reasonably necessary for the enforcement of the criminal law or of a law imposing a pecuniary penalty, or for the protection of public revenue.
We take steps to protect the personal information we hold against loss, unauthorised access, use, modification or disclosure, and against other misuse. When the personal information that we collect is no longer required, we destroy or delete it in a secure manner.
Personal information that we hold about you will be revealed if requested, and you can ask us to correct the personal information we hold about you.
The MJH Trust trading as Promotive Engineering is bound by the Australian Privacy Principles in the Privacy Act. We care about our users and do everything we can to adhere to the 13 Australian Privacy Principles as per the OAIC guidelines.
For further information, contact us at info @ promotive.com.au or alternatively you can write to us at Promotive Engineering, PO Box 6065, Fairfield Gardens. QLD. 4103. Australia.
