Secondary Menu

Terms and Conditions for the Supply of Goods and Services by One-Shot Oiler Shop

These Terms and Conditions constitute a legally binding contract between the customer (“you”) and One-Shot Oiler Shop (ABN: 94 291 226 411) (“One-Shot Oiler Shop”) and apply to the ordering, purchase, fulfilment and delivery of goods and services (“Goods”) from or by One-Shot Oiler Shop, as appropriate.

Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Goods from One-Shot Oiler Shop.

1. Definitions

In these Terms and Conditions:

“One-Shot Oiler Shop” means One-Shot Oiler Shop (ABN: 94 291 226 411), its successors and assigns or any person acting on behalf of and with the authority of One-Shot Oiler Shop;

“you” and derivatives thereof such as “your” means the person(s) buying the Goods as specified in any invoice, document or Order, and if there is more than one such person “you” and derivatives thereof is a reference to each such person jointly and severally;

“Goods” means all goods and services supplied by One-Shot Oiler Shop to you at your request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other);

“Price” means the Price payable for the Goods as agreed between One-Shot Oiler Shop and you in accordance with Section 4 below;

“Account” means an account created by you on the Website;

“Additional Delivery Charge” has the meaning given in Section 4.4;

“Delivery Charge” has the meaning given in Section 4.3;

“International Delivery Charges” has the meaning given in Section 4.5;

“Order” means an order for Goods, placed on the Website or by some other means;

“Password” means the password needed to access your Account; and

“Website” means oneshotoilershop.com.

2. Acceptance

2.1 You are taken to have exclusively accepted and to be immediately bound, jointly and severally, by these Terms and Conditions if you place an order for or accept delivery of the Goods.

2.2 These Terms and Conditions may only be amended with One-Shot Oiler Shop’s written consent and shall prevail to the extent of any inconsistency with any other document, purchase order or agreement between you and One-Shot Oiler Shop.

2.3 None of One-Shot Oiler Shop’s agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the management of One-Shot Oiler Shop in writing, nor is One-Shot Oiler Shop bound by any such unauthorised statements.

2.4 You:

  • agree that you do not rely on the skill or judgment of One-Shot Oiler Shop in relation to the suitability of the Goods for any particular purpose unless you have indicated that purpose in writing to One-Shot Oiler Shop and One-Shot Oiler Shop has acknowledged in writing that the Goods will be fit for that purpose;
  • acknowledge that you have chosen the Goods relying on your own skill, expertise and experience; and
  • you acknowledge that delivery lead times advised by One-Shot Oiler Shop are indicative only and shall not be binding on One-Shot Oiler Shop.

3. Goods

3.1 Unless otherwise agreed in writing, any Goods supplied by One-Shot Oiler Shop to you shall be deemed to operate satisfactorily if the Goods operate in accordance with the relevant specifications of the manufacturer or One-Shot Oiler Shop, as appropriate.

3.2 You acknowledge that the ability of the Goods to operate satisfactorily in accordance with their specifications is dependent upon the proper installation, layout, and maintenance of the Goods and all parts thereof, and other factors:

  • for which you are responsible; and
  • which are beyond the control of One-Shot Oiler Shop.

3.3 Unless otherwise agreed in writing, the Goods shall be supplied to the manufacturer’s or One-Shot Oiler Shop’s standard finish and dimensions, as appropriate. Neither One-Shot Oiler Shop nor the manufacturer accepts any responsibility or liability whatsoever should the colour, designs or dimensions of the Goods vary from the colour, designs or dimensions contained in any product catalogue, brochure or other promotional or information document in respect of the Goods, or on the Website in respect of the Goods.

4. Pricing and Taxes

4.1 Prices for Goods are as shown on the Website.

4.2 One-Shot Oiler Shop reserves the right to change the Prices of Goods at any time without notice to you. The Price displayed on the Website at the time that you place your Order will continue to apply to your Order even if the Price changes before your Order is accepted by One-Shot Oiler Shop.

4.3 In addition to the Price for the Goods, you will also need to pay the advertised delivery charge (if any) (“Delivery Charge”). Any Delivery Charge will appear in your shopping cart.

4.4 In addition to the Price for the Goods and the Delivery Charge (if any) you may also need to pay any additional delivery charges which are not shown in your shopping cart but which we may incur because you live in an area where light aircraft or barge transport is required, or to which our delivery service provider does not provide a door-to-door service (“Additional Delivery Charge”). These may include, without limitation, Christmas Island, Norfolk Island, Roma and Nhulunbuy. Such charges may apply even where the item is shown on the Website as having “free delivery”, “free freight” or something similar. If you live in an area to which an Additional Delivery Charge will apply, One-Shot Oiler Shop will contact you before accepting your Order and will provide you with a quote for the Additional Delivery Charge. If, within the timescale specified, you do not agree to accept the Additional Delivery Charge, One-Shot Oiler Shop will cancel your Order. One-Shot Oiler Shop will not take payment for your Order until you have confirmed your acceptance of the Additional Delivery Charge.

4.5 If One-Shot Oiler Shop agrees to deliver Goods outside of Australia, international delivery charges will apply (“International Delivery Charges”). International Delivery Charges, applicable to your relevant country, will appear in your shopping cart. You will also be responsible for any foreign taxes or duties that apply including, without limitation, any customs or import duties.

4.6 By placing an Order you agree to pay the Price for the Goods, any Delivery Charge, any Additional Delivery Charge and any International Delivery Charge.

4.7 All Prices and Delivery Charges, Additional Delivery Charges and International Delivery Charges are in Australian dollars and are inclusive of GST (if applicable).

5. Import and Export Requirements

5.1 If One-Shot Oiler Shop agrees to deliver Goods outside of Australia, you are responsible for determining and following the regulations for your shipment of Goods, including, without limitation, all customs requirements of the country that the Goods are to be delivered to. One-Shot Oiler Shop does not guarantee delivery of Goods that do not comply with the import regulations of the country to which they are sent.

5.2 In addition to being responsible for any foreign taxes or duties that apply including, without limitation, any customs or import duties in the destination country, you are responsible for the accuracy of all customs declarations and documentation in the destination country.

5.3 You acknowledge that you have a duty to and are solely liable for providing all information required by the laws of the country that is the final destination to which the Goods are being sent, and the laws and regulations of Australia, and that you are responsible for maintaining all records as required under any applicable customs or other government agency laws. One-Shot Oiler Shop assumes no responsibility to act as a record-keeper or record-keeping agent for you or any government agency.

6. Your Account

6.1 If you do not already have an Account you can create one before placing an Order or when placing an Order.

6.2 If you have an Account or create an Account, you will be able to view your Order details, your customer details, and your billing and shipping address details by logging on to your Account.

6.3 You may not set up an Account for someone else.

6.4 Please ensure that you enter all information carefully when creating an Account. You warrant to One-Shot Oiler Shop that all information provided by you in relation to your Account is complete, true and accurate 

6.5 You must notify One-Shot Oiler Shop immediately if you become aware of any actual or potential unauthorised use of your Password or Account.

6.6 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), One-Shot Oiler Shop will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of: (i) your Account information being incomplete or inaccurate; or (ii) any unauthorised use of your Password or Account which takes place before you notify One-Shot Oiler Shop, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

6.7 If One-Shot Oiler Shop suffers any loss, damage, cost or expense as a result of any unauthorised use of your Password or Account which takes place before you notify One-Shot Oiler Shop, then you must pay One-Shot Oiler Shop the amount of that loss, damage, cost or expense if One-Shot Oiler Shop asks you to.

7. Orders

7.1 You can place an Order by following the instructions on the One-Shot Oiler Shop Website.

7.2 An Order submitted by you is an offer by you to purchase the Goods for the Price plus the Delivery Charge (if any) as shown at the time of submission of your Order and any applicable Additional Delivery Charge or International Delivery Charge. One-Shot Oiler Shop may accept or reject your offer in its absolute discretion. In particular, but without limitation, One-Shot Oiler Shop may reject Orders for commercial quantities of Goods. If you wish to order commercial quantities of Goods, please contact One-Shot Oiler Shop using one of the contact options provided on the Contact Us page of the One-Shot Oiler Shop Website.

7.3 Each Order that you place will, if accepted by One-Shot Oiler Shop, be a separate and binding agreement between you and One-Shot Oiler Shop with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.

7.4 If you place an Order for someone else to receive the Goods, you must obtain their consent before providing One-Shot Oiler Shop with their personal information and, by placing an Order, you confirm to One-Shot Oiler Shop that you have done this.

7.5 Please ensure that you enter all information carefully when placing an Order. You warrant to One-Shot Oiler Shop that all information provided by you in relation to each Order is complete, true and accurate.

7.6 Please check your Order carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by One-Shot Oiler Shop. One-Shot Oiler Shop will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.

7.7 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), One-Shot Oiler Shop will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by One-Shot Oiler Shop, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

7.8       Where you place separate Orders for Goods, the Goods will be delivered separately and a separate Delivery Charge (if any) and any applicable Additional Delivery Charge or International Delivery Charge will apply to each Order. One-Shot Oiler Shop cannot consolidate separate Orders into one delivery.

7.9 Where you order more than one item in one Order, all Goods for which your Order is accepted at the same time will be dispatched together where practicable. However, in some cases Goods may be dispatched separately, for example: in order to ensure that you receive each of the Goods as promptly as possible; where the Goods are of different types.

7.10 The Internet can be an unstable, and sometimes insecure, marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed.

7.11 You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system, and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.

7.12 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), One-Shot Oiler Shop will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in Section 7.10 or arising out of or in connection with you accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

8. After you have Submitted an Order/Payment

8.1 When you submit an Order you will receive an Order ID/reference number from One-Shot Oiler Shop via e-mail. One-Shot Oiler Shop will normally confirm receipt of your Order within a few minutes of you placing your Order.

8.2 One-Shot Oiler Shop will process payment for your Order when, or shortly after, you place your Order and we have received your payment.  Your Order is deemed to be accepted by One-Shot Oiler Shop when One-Shot Oiler Shop does this, however One-Shot Oiler Shop may, in certain circumstances, cancel your Order after acceptance as set out in these Terms and Conditions. In the event that One-Shot Oiler Shop cancels your Order having already processed payment, it will refund payment in accordance with Section 14.1.

8.3 When One-Shot Oiler Shop accepts an Order it represents an agreement by One-Shot Oiler Shop to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.

8.4 You must pay for Goods by credit card (VISA, MasterCard, American Express, Diners Club, Discover, or JCB), debit card (VISA or MasterCard) or PayPal account. If the name on the credit card/debit card/account does not match the name on the Order, One-Shot Oiler Shop may ask you to provide additional information (for example, proof of identity documents) in accordance with its fraud detection processes. By providing your credit or debit card you authorise One-Shot Oiler Shop to deduct the Price and the applicable delivery charge(s) from such card.

8.5 One-Shot Oiler Shop reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.

8.6 One-Shot Oiler Shop may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation: (a) where our fraud detection systems detect possible irregularities; (b) because your financial institution has declined payment; or (c) because your payment card has expired. Where this is the case, your Order may be placed on hold and One-Shot Oiler Shop may contact you to ask you to provide additional information (for example, proof of identity documents) or arrange payment by another method. If you are unable to comply with One-Shot Oiler Shop’s requests within the timescale specified by One-Shot Oiler Shop, One-Shot Oiler Shop may cancel your Order.

8.7 Goods that you have ordered will not be dispatched to you/delivered until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you of this by email. 

8.8 If your financial account (e.g. credit/debit card account, PayPal account) that you use for payment is denominated in a currency other than Australian dollars, your payment will need to be converted to Australian Dollars during the course of the transaction. The conversion rate applicable to such conversion will usually be set by your financial institution. You may also need to pay fees or charges to your financial institution. For example, the fees or charges that you may need to pay may include, without limitation, a currency conversion fee. You should contact your financial institution to obtain details of any applicable fees that you will need to pay when making the payment. In some areas of the Website, an estimate of the Prices in currencies other than Australian dollars may be displayed. These converted Prices are for informational purposes only, and the conversion rate that is used to calculate the converted Prices may be different from the conversion rate that is used by your financial institution when they process your payment. You acknowledge and agree that you are responsible for paying any and all applicable financial transaction fees that you may need to pay in order to make the payment, including, without limitation, any currency conversion fees and transfer fees that you may incur when paying for the Goods.

9. Cancellation of Orders

9.1 One-Shot Oiler Shop reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. One-Shot Oiler Shop may do this for example, but without limitation, where:

  • One-Shot Oiler Shop’s suppliers are unable to supply Goods for any reason;
  • an event beyond One-Shot Oiler Shop’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that One-Shot Oiler Shop is unable to supply the Goods within a reasonable time;
  • Goods ordered were subject to an error on the Website, for example, in relation to a description, Price or image, which was not discovered prior to the Order being accepted;
  • you ask One-Shot Oiler Shop to cancel your Order in accordance with Section 7.6; or
  • in the circumstances set out in Sections 4.4 or 8.6.

9.2 You may cancel your Order where One-Shot Oiler Shop:

  • has breached a material term of this Agreement; or
  • is not able to deliver your Order within a reasonable time of the estimated delivery time set out in these Terms and Conditions, other than a result of any delay for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods, or for which our delivery service provider is wholly or partly responsible.

9.3 Where One-Shot Oiler Shop cancels your Order after acceptance it will send you an e-mail notifying you of cancellation.

9.4 In the event of One-Shot Oiler Shop or you cancelling your Order after payment has been processed, One-Shot Oiler Shop will refund any money paid in respect of that Order. Section 14 of these Terms and Conditions sets out further information about refunds.

9.5 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these Terms and Conditions, One-Shot Oiler Shop will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

9.6 Cancellation of an Order for Goods made to your specifications, or for non-stocklist items may not be accepted once production has commenced, or an Order has been placed.

10. Availability of Goods/Refurbished Stock

10.1 As One-Shot Oiler Shop is dependent upon its Suppliers to provide stock, One-Shot Oiler Shop cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. One-Shot Oiler Shop reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), One-Shot Oiler Shop will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

10.2 Goods that are shown on the Website as “Refurbished Stock” are Goods which have a cosmetic blemish or imperfection such as a scratch, dent or rub mark, or have had a fault that has now been repaired by the manufacturer. All Refurbished Stock is in perfect working order and comes with the standard manufacturer’s warranty in addition to any statutory rights which apply.

11. Delivery

11.1 Risk and title in the Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.

11.2 You shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that you are unable to take delivery of the Goods as arranged, One-Shot Oiler Shop shall be entitled to charge a reasonable fee for redelivery.

11.3 One-Shot Oiler Shop may be unable to deliver to certain parts of Australia, some countries outside of Australia, and certain parts of some countries outside of Australia, and in most, but not necessarily all, cases where this is the case the Website will reject your Order.

11.4 Following dispatch of your Goods, One-Shot Oiler Shop will email you with confirmation of dispatch.

11.5 On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery, your Goods may be taken to a local depot or post office and a calling card containing the relevant contact details may be left at the delivery address.

11.6 If you require Goods that you have ordered to be re-directed to an address which is not the original Order address, One-Shot Oiler Shop may charge you a reasonable fee for doing this.

11.7 For all products, stock will be labelled on the Website as either: “In stock”, “Available on backorder” or “Out of stock”.

  • In stock – One-Shot Oiler Shop aims to have the Goods dispatched to you within 3 business days (some goods may be dispatched significantly faster than this) from the date that you place your Order.
  • Available on backorder – the Goods will need to be ordered from the supplier, or they have been ordered from the supplier. One-Shot Oiler Shop aims to have the Goods dispatched to you within 20-40 business days from the date that you place your Order.
  • Out of stock – the Goods are currently unavailable.

11.8 For all products, please allow 2-6 days from dispatch for delivery to Australian metropolitan areas, and 3-7 days from dispatch for delivery to Australian regional areas. Remote deliveries within Australia are subject to local transport schedules and may take longer. Where an Order is to be delivered outside Australia, delivery is likely to take between 2-4 weeks from dispatch.

12. Delay in Availability or Delivery of Goods

12.1 You agree and acknowledge that:

  • One-Shot Oiler Shop does not guarantee the delivery or availability of Goods within the timeframes set out in Sections 11.7 – 11.8 above or otherwise specified by One-Shot Oiler Shop or any of its staff;
  • events outside One-Shot Oiler Shop’s control may cause delays, or in some circumstances, prevent your Goods from being delivered;
  • delays are particularly likely to occur around Christmas, Easter and public holidays; and
  • except to the extent expressly set out in these Terms and Conditions or otherwise required by law (including, without limitation, the Australian Consumer Law), neither One-Shot Oiler Shop nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay or failure in delivery of the Goods to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

13. Coupons

13.1 The terms and conditions for One-Shot Oiler Shop coupons can be found here.

14. Refunds

14.1 Where One-Shot Oiler Shop is obliged to refund part or all of your payment pursuant to these Terms and Conditions, One-Shot Oiler Shop aims to initiate your refund within 2 business days (Monday – Friday 9 a.m. to 5 p.m., AEST – Australian Eastern Standard Time). The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund.

14.2 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), One-Shot Oiler Shop will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

14.3 You acknowledge and agree that all refunds are made in Australian dollars and that, where you have made payment using a currency other than Australian dollars and your payment was subsequently converted to Australian dollars, any amount of the Australian dollar denominated refund that may be converted back to that currency may be dependent on a conversion rate between that currency and the Australian dollar that is different to the conversion rate that was applied to your payment.

14.4 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), One-Shot Oiler Shop will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any amount of the Australian dollar denominated refund that may be converted back to the currency in which you made payment being dependent on a conversion rate between that currency and the Australian dollar that is different to the conversion rate that was applied at the time your payment was made, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

14.5 One-Shot Oiler Shop reserves the right to pass on to you any fees or charges, including without limitation, bank fees, that One-Shot Oiler Shop may incur when refunding any part or all of your payment, and to have any such fees or charges deducted from any refund.

14.6 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), One-Shot Oiler Shop will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of One-Shot Oiler Shop having any fees or charges that One-Shot Oiler Shop incurs when refunding any part or all of your payment passed on to you or deducted from the amount that is refunded to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

14.7 You acknowledge and agree that, when refunding part or all of your payment, One-Shot Oiler Shop is not required to reimburse you for any fees or charges that you incurred when you made your payment, including, without limitation, any currency conversion fees or transfer fees.

14.8 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), One-Shot Oiler Shop will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of One-Shot Oiler Shop not reimbursing you for any fees or charges that you incurred when you made your payment, including, without limitation, any currency conversion fees or transfer fees, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

14.9 One-Shot Oiler Shop reserves the right to pass on to you any taxes or duties that it incurs when you return Goods to One-Shot Oiler Shop, including, without limitation, any customs or import duties, and to have any such fees or charges deducted from any refund.

14.10 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), One-Shot Oiler Shop will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of One-Shot Oiler Shop having any taxes or duties that One-Shot Oiler Shop incurs when you return Goods to One-Shot Oiler Shop being passed on to you or deducted from any refund, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

15. Defects, Warranties and Returns

15.1 You must inspect the Goods on delivery and must within seven (7) days of delivery notify One-Shot Oiler Shop in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description of the Goods. You must notify One-Shot Oiler Shot of any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification, you must allow One-Shot Oiler Shop to inspect the Goods by furnishing One-Shot Oiler Shop with all photographs of the Goods that you are requested to supply One-Shot Oiler Shop with. All such photographs must be unaltered.

15.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the Competition and Consumer Act 2010 (CCA)), certain statutory implied guarantees and warranties (including, without limitation, the statutory guarantees under the CCA) may be implied into these Terms and Conditions (Non-Excluded Guarantees).

15.3 One-Shot Oiler Shop acknowledges that nothing in these Terms and Conditions purports to modify or exclude the Non-Excluded Guarantees.

15.4 Except as expressly set out in these Terms and Conditions or in respect of the Non-Excluded Guarantees, One-Shot Oiler Shop makes no warranties or other representations under these Terms and Conditions including but not limited to the quality or suitability of the Goods.  One-Shot Oiler Shop’s liability in respect of these warranties is limited to the fullest extent permitted by law.

15.5 If you are a consumer within the meaning of the CCA, One-Shot Oiler Shop’s liability is limited to the extent permitted by Section 64A of Schedule 2 of the CCA.

15.6 If One-Shot Oiler Shop is required to replace the Goods under this Section or the CCA, but is unable to do so, One-Shot Oiler Shop may refund part or all of any money you have paid for the Goods, as appropriate.

15.7 If you are not a consumer within the meaning of the CCA, One-Shot Oiler Shop’s liability for any defect or damage in or to the Goods is:

  • limited to the value of any express warranty or warranty card provided to you by One-Shot Oiler Shop at One-Shot Oiler Shop’s sole discretion;
  • limited to any warranty to which One-Shot Oiler Shop is entitled, if One-Shot Oiler Shop did not manufacture the Goods; or
  • otherwise negated absolutely.

15.8 Subject to this Section 15, returns will only be accepted provided that:

  • you have complied with the provisions of Section 15.1; and
  • One-Shot Oiler Shop has agreed that the Goods are defective; and
  • the Goods are returned within a reasonable time at your cost; and
  • the Goods are returned in as close a condition to that in which they were delivered as possible; and
  • you have provided One-Shot Oiler Shop with your proof of purchase.

15.9 Notwithstanding Sections 15.1 to 15.8, but subject to the CCA, One-Shot Oiler Shop shall not be liable for any defect or damage that may be caused or partly caused by or arise as a result of:

  • you failing to properly install, maintain, use or store the Goods;
  • you using the Goods for any purpose other than that for which they were designed;
  • you continuing to use the Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
  • you failing to follow any instructions or guidelines provided by One-Shot Oiler Shop; or
  • fair wear and tear, any accident, or act of God.

15.10 You agree to use the original packaging where possible in order to avoid damage to the Goods in transit when you return them.

15.11 You acknowledge and agree that you are not entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves.

15.12 You acknowledge and agree that One-Shot Oiler Shop is not required to provide you with a refund or replacement if you change your mind in relation to the Goods.

15.13 One-Shot Oiler Shop may in its absolute discretion accept non-defective Goods for return in which case One-Shot Oiler Shop may require you to pay handling fees of up to fifteen (15%) of the value of the returned Goods plus any delivery costs.

15.14 In the case of second hand Goods, unless you are a consumer under the CCA, you acknowledge that you have had full opportunity to inspect the second hand Goods via the Website prior to delivery and accept them with all faults, and that to the extent permitted by law no warranty is given by One-Shot Oiler Shop as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. You acknowledge and agree that One-Shot Oiler Shop has agreed to provide you with the second hand Goods and calculated the Price of the second hand Goods in reliance of Section 15.14.

15.15 Notwithstanding anything contained in this Section, if One-Shot Oiler Shop is required by a law to accept a return then One-Shot Oiler Shop will only accept a return on the conditions imposed by that law.

16. Lubrication System Guides

16.1 You acknowledge and agree that where the Goods include a lubrication system guide, the guide may provide for multiple installation options and/or configurations, and that some of the options and/or configurations may not be possible and/or appropriate for your particular application.

16.2 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), One-Shot Oiler Shop will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result that some of the options and/or configurations that the guide may provide for is/are not possible and/or appropriate for your particular application, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

16.3 You acknowledge and agree that where the Goods include a lubrication system guide for a machine, information provided in the guide may not be suitable for the machine if the machine is subjected to excessive loading or speed in relation to physical size.

16.4 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), One-Shot Oiler Shop will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of you installing a lubrication system of the type mentioned in Section 16.3 on a machine that is subjected to excessive loading or speed in relation to physical size, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

17. Lubrication System Guide Preparation

17.1 You may request One-Shot Oiler Shop to prepare an automatic oil lubrication system guide for a particular make and model of machine that has a particular configuration, and/or to make the guide available for you and/or others to purchase from the Website, and One-Shot Oiler Shop may, at its sole discretion, agree to prepare such a guide and/or to make the guide available for you and/or others to purchase from the Website.

17.2 Should One-Shot Oiler Shop agree to prepare such a guide and/or to make the guide available for you and/or others to purchase from the Website, you agree to supply One-Shot Oiler Shop with all of the information, including, without limitation, any and all drawings and photographs of the machine and anything else, that you are requested to provide One-Shot Oiler Shop and that One-Shot Oiler Shop requires in order that One-Shot Oiler Shop can prepare the guide and/or any related guides. You warrant to One-Shot Oiler Shop that all such information that you supply One-Shot Oiler Shop is accurate, true and correct.

17.3 You acknowledge and agree that:

  • all of the information mentioned in Section 17.2 that you supply to One-Shot Oiler Shop is your original information, or where the information is adapted from existing information you have obtained all consents and licences from third parties necessary for the submission and display of that information on the Website or elsewhere, and that the submission and display of that information is not in breach of any third party’s rights or any applicable laws;
  • you grant a worldwide, non-exclusive, royalty-free and perpetual licence to One-Shot Oiler Shop its assignees and licensees to use and display the information on the Website or elsewhere, without any compensation or obligation to you; and
  • One-Shot Oiler Shop has no responsibility for the information and you agree to indemnify One-Shot Oiler Shop from and against any and all claims, losses, liabilities, damages, costs, charges and expenses that may be incurred by One-Shot Oiler Shop arising out, or in connection with, your supplied information.

17.4 You acknowledge and agree that any agreement by One-Shot Oiler Shop to prepare an automatic oil lubrication system guide and/or to make the guide available for you and/or others to purchase from the Website is non-binding on One-Shot Oiler Shop.

17.5 You acknowledge and agree that if One-Shot Oiler Shop advises you or anyone else of a timeframe for completing the preparation of such a guide and/or for making the guide available for you and/or others to purchase from the Website, such timeframe is for informational purposes only and is non-binding on One-Shot Oiler Shop.

17.6 You acknowledge and agree that One-Shot Oiler Shop reserves the right to cancel, at any time and for whatever reason, its agreement to prepare an automatic oil lubrication system guide and/or to make the guide available for you and/or others to purchase from the Website.

17.7 You acknowledge and agree that One-Shot Oiler Shop will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of One-Shot Oiler Shop cancelling its agreement to prepare an automatic oil lubrication system guide and/or to make the guide available for you and/or others to purchase from the Website, or for any delay on the part of One-Shot Oiler Shop in preparing such a guide and/or making it available for you and/or others to purchase from the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

17.8 You acknowledge and agree that One-Shop Oiler Shop will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of you providing One-Shot Oiler Shop with incorrect information which results in errors or omissions in the lubrication system guide which One-Shot Oiler Shop prepares based on that information, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

18. Intellectual Property

18.1 You acknowledge and agree that where One-Shot Oiler Shop has prepared, designed, drawn or developed any Goods, then the copyright in any designs and drawings and documents for those Goods that have been prepared by or for One-Shot Oiler Shop shall remain the sole property of One-Shot Oiler Shop.

18.2 You acknowledge and agree that you will not distribute, reproduce, display, or publish any such copyrighted material for any purpose whatsoever without the prior written approval of One-Shot Oiler Shop. Furthermore, you agree to indemnify One-Shot Oiler Shop and its assignees against any claims, costs, damages or losses incurred by us should you fail to comply with this Section.

18.3 You acknowledge and agree that, if you receive a password from One-Shot Oiler Shop for opening any password protected files or documents provided to you by One-Shot Oiler Shop, you will keep your password confidential at all times and that you will not under any circumstances disclose it to, or otherwise make, or intentionally or unintentionally cause it to be made, available to any third parties.

18.4 You acknowledge and agree that, if you receive a file or document from One-Shot Oiler Shop that is password protected and/or that has been configured to prevent printing, copying, or modification of the file or document or any part thereof, and/or that has security information such as your particulars stamped on one or more pages, you will not under any circumstances attempt to circumvent, defeat, obscure, remove, or modify, or allow anyone else to attempt to circumvent, defeat, obscure, remove, or modify, any such security features of said file or document. This includes, but is not limited to:

  1. attempting to circumvent, defeat, remove, or modify the password protection itself;
  2. attempting to reconfigure the file or document so as to be able to print, copy, or modify the file or document or any part of the file or document; or
  3. attempting to obscure or remove any part of the security information from any of the pages of the file or document.

18.5 You acknowledge and agree that any text in any files or documents that are provided to you by One-Shot Oiler Shop may only be in the English language, and that such files or documents may be password protected and/or configured to prevent printing, copying, or modification of the file or document or any part thereof.

19. Unpaid Rights

19.1 Where you have left any item with One-Shot Oiler Shop for repair, modification, exchange or for One-Shot Oiler Shop to perform any other service in relation to the item, and One-Shot Oiler Shop has not received or been tendered the whole of any moneys owing to it by you, One-Shot Oiler Shop shall have, until all moneys owing to One-Shot Oiler Shop are paid:

  • a lien on the item;
  • the right to retain or sell the item, such sale to be undertaken in accordance with any legislation applicable to the sale or disposal of uncollected goods.

19.2 The lien of One-Shot Oiler Shop shall continue despite the commencement of proceedings, or judgement for any moneys owing to One-Shot Oiler Shop having been obtained against you.

20. Limitation of Liability and Indemnity

20.1 Save where otherwise expressly provided in the Contract, One-Shot Oiler Shop shall not be liable for any claim, loss, damage or expense, whether direct or indirect (including consequential loss or damage) arising out of any:

  • breach of contract by One-Shot Oiler Shop;
  • negligence of One-Shot Oiler Shop, its employees or agents; or
  • act or omission of One-Shot Oiler Shop in connection with the Goods.

20.2 One-Shot Oiler Shop shall not be liable for any defect, damage or other malfunction caused to or by the Goods by incorrect, improper, or careless installation, misuse, neglect, accident, vandalism, damage in transit, normal wear and tear, alteration, modification or unusual physical, environmental or electrical stress.

20.3 To the full extent permitted at law, One-Shot Oiler Shop is also not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect, special, economic or consequential loss, arising in connection with any Order or Account.

20.4 Without prejudice to any other rights that One-Shot Oiler Shop may have against you, and to the extent permitted by law, you hereby agree to indemnify and keep indemnified One-Shot Oiler Shop against any loss, damage or expense (including, without limitation, costs, whether or not the subject of a court order) incurred by it should you breach the Terms of Agreement or cancel any Order or part thereof for the Goods after accepting the Terms of Agreement.

20.5 Nothing in the Terms of Agreement shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Competition and Consumer Act 2010 (CCA) or Fair Trading Act) and which by law cannot be excluded, restricted or modified.

21. Privacy

21.1 One-Shot Oiler Shop’s policy on the collection, use and disclosure of customers’ personal information is set out in its Privacy Policy which forms part of these Terms and Conditions.

22. Website Terms

22.1 Your use of the Website is governed by the Website Terms of Use.

23. General

23.1 The failure by One-Shot Oiler Shop to enforce any provision of these Terms and Conditions shall not be treated as a waiver of that provision, nor shall it affect One-Shot Oiler Shop’s right to subsequently enforce the provision.

23.2 If any provision of these Terms and Conditions is invalid, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

23.3 These Terms and Conditions and any contract to which they apply shall be governed by the laws of the state or territory in which One-Shot Oiler Shop has its principal place of business, and are subject to the jurisdiction of the courts of Queensland, Australia.

23.4 Subject to Section 15, One-Shot Oiler Shop shall be under no liability whatsoever to you for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by you arising out of a breach by One-Shot Oiler Shop of these Terms and Conditions (alternatively, your liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods plus any Delivery Charge, Additional Delivery Charge, or International Delivery Charges).

23.5 You shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to you by One-Shot Oiler Shop.

23.6 One-Shot Oiler Shop may sell, license or sub-contract all or any part of its rights and obligations without your consent.

23.7 One-Shot Oiler Shop reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions that apply at the time that you place your Order are the Terms and Conditions that will apply to your Order.

23.8 You warrant that you have the power to enter into this agreement and have obtained all necessary authorisations to allow you to do so, you are not insolvent and that this agreement creates binding and valid legal obligations on you.

Last updated: 29 March 2017