Terms & Conditions

Terms of Use and Disclaimers for CumminsOnan.com.au

Notice: Please read this document carefully before using this web site. Do not use this web site if you do not agree with the Terms and Conditions present in this document. Use of this web site signifies compliance with these Terms and Conditions.

NAME: Cummins South Pacific Pty Ltd

ACN: 006 332 949

ABN: 42 006 332 949

 

Order Placement:
 
Any order that is placed by you through this website is an offer by you to purchase a product/s for the price (including delivery, and any other charges and taxes) specified in this website at the time you placed your order or where the price cannot be determined at the time the order is placed, then as advised by us. We reserve the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product/s, an error in the price or the description of the product as shown on this website or due to an error in your order.
 
Ordering Procedure:
 
1. How to Order
 
Ordering with Cummins Onan is simple. Please follow the below steps.
 
Browse the website and add items to your shopping cart at your leisure.
Cummins Portable Generators have "Delivery Included" within Australia and can be paid for online through the secure checkout and payment area. Products without pricing are only available from Cummins Onan Distributors and Dealers as detailed by entering the product group in the dealer locator along with your desired post code. 
 
At the checkout you will be asked to complete certain information and expressly agree to our trading and delivery terms as outlined in these Terms and Conditions before proceeding to the secure payment gateway.
For payment by credit card you will be redirected to a secure NAB Payment Gateway to complete your payment.
Once your order has been completed your shopping cart will be cleared for future transactions.
 
2. Processing of your Order
 
Cummins Onan will not process your order until full payment of the order has been received by us (cleared funds).
 
3. Out of Stock Situation:
 
In the event that a product is out of stock Cummins Onan will contact you by email or phone and give you an indication as to availability and an anticipated delivery time.
If you have paid for an item/s that have subsequently sold out or are not available and you do not wish to proceed with your order you will be offered a full refund.
If not withstanding that an item/s are currently out of stock you advise us that you wish to proceed with the purchase you will not be able to subsequently cancel the purchase. Please refer to Cancellation of Order below.
Pricing:
 
Prices of products and any charges and taxes displayed on this website are current at the time of issue, but may change at any time and are subject to availability. All prices shown on this website are in $A (Australian Dollars.)
 
All prices are inclusive of any delivery charges within Australia.
 
GST and other Taxes:
 
All prices displayed on the website are inclusive of Goods and Services Tax (GST) applied at a rate of 10%.
 
It will be your responsibility to pay any other taxes, duties, liabilities that may be imposed by any governmental agency, including without limitation, any customs duty, goods and services taxes, or any valued added tax imposed on any products or services ordered by you from the Interiors Online website.
 
Delivery Information:
 
Upon checkout you will be asked to select via the dealer locator a location convenient for you to pick up from giving you a choice of authorised Cummins branches and dealers. If an authorised dealer is not within close proximity of your location we are happy to deliver to a nominated, manned address, of your choice but assistance may be required to assist to lift the generator from the delivery truck onto your premises. Should nobody be home or able to assist in lifting the genset off the delivery truck and the freight company is required to redeliver on another day an additional redelivery charge will be enforced payable prior to the item being redelivered.
 
Delivery Times:
 
If your order contains multiple products then individual products may be delivered on different days, depending on the availability of freight carriers on any given day to facilitate the delivery.
 
In most cases we expect delivery to have been completed within 14-21 days of placement of your order.
 
Cummins Onan will advise you when the goods have been dispatched and the approx delivery date from which you can pick-up thereafter from your nominated authorised Cummins branch or dealer. Pick up must be made within 10 days of the nominated delivery date unless arranged otherwise with the Cummins Onan customer service representative. (Rebecca Leahey: Ph: 08 8162 4502 Fax: 08 8162 4599 Email: rebecca.leahey@cummins.com)
 
Receipt of Delivery:
 
Before signing as having received the products in good order please unpack and check the product/s for any faults or damages. If you have any concerns you must make the appropriate notes on the delivery docket before signing it and ask the authorised Cummins dealer to initial your remarks.
 
You must notify Cummins Onan any faulty or damaged goods within 24 hours of receipt of the goods by phone on (08) 8 8162 4502 or email.......... Failure to do so, will mean that any transit insurance policy will be voided. The onus is on you to report any faulty or damaged goods immediately.
 
Once we have received your advice of any faulty or damaged goods we will liaise directly with our dealer to resolve the issue. Please refer to the Refunds & Returns Policy section for more information.
 
Payment Options:
 
Payment of your purchases can be made as follows:
 
DIRECT ON-LINE (Hosted by NAB)
1. Credit Card
·        Visa
·        MasterCard
 
2. Direct bank deposit, bank cheque or money orders
are also available but direct contact needs to be made with a Cummins Onan customer service representative prior to check-out.
(Rebecca Leahey: Ph: 08 8162 4502 Fax: 08 8162 4599 Email: rebecca.leahey@cummins.com)
 
Refunds & Returns Policy:
 
Cummins Onan will only make, and is only obligated to make, a refund in accordance with their Refunds & Returns Policy; the guidelines for eligibility are detailed in this policy.
 
Refund Policy
 
1. Where your products are damaged in transit
 
We cover transit damage to protect our customer’s purchases; however where you have signed for goods without outlining any faults or damage then these goods may not be covered by transit insurance. You must inspect your goods upon delivery and outline any faults or damage on the delivery note before signing it. You must ask the Cummins authorised dealer to initial your remarks. If possible, please take a photo of the damage immediately following the delivery.
You must notify Cummins Onan of any faulty or damaged goods within 24 hours of receipt of the goods. Failure to do so, will mean that any transit policy will be voided.
 
2. Manufacturers Warranty
 
All Cummins Portable Generators carry a 2 year warranty if there is any defect in workmanship and/or material. This warranty is extended to all subsequent owners of the generating set during the coverage period pending proof of the original purchase. Authorised service dealers for Cummins Portable Generators can be found via the website dealer locater.
 
3. The incorrect item has been delivered to you
 
Please contact Cummins Onan within 24 hours of the delivery of an incorrect item. We will arrange for the collection of the incorrect item and delivery of the correct item. You will not incur any additional costs in this circumstance. Your replacement item will be delivered to your nominated dealer outlet within the normal delivery time frame for that item.
 
4. Goods damaged by you and natural wear and tear.
 
We will not accept the return of goods that are damaged by you (accidentally or otherwise) or due to natural wear and tear following delivery.
 
5. Method and payment of refunds.
 
You accept that all refunds will be provided to you by electronic funds transfer to your nominated account or in any other way decided at the discretion of Cummins Onan.
 
Cancellation of Order
 
You may cancel an order only if the order has not been dispatched from the central Cummins Onan warehouse usually within 48 hours of receivable and clearance of payment; however the following charges will apply:
 
(i) if your order has not been dispatched from our warehouse and you have paid by cheque or electronic funds transfer we will issue you with a full 100% refund less any transaction costs and bank fees incurred by Cummins Onan.
(ii) if your order has dispatched from our warehouse and you have paid by credit card either over the phone or via our online payment system you will be offered a full refund less any fees charged to us by the bank to make the refund transaction.
 
 

Site Usage

Cummins authorizes you to view and download designated electronic information at this Web site ("Site"). This electronic information ("Cummins Information") may consist of software, technical information, product literature, and other materials. You must retain all copyright, trademark, and other proprietary notices present in the original Cummins information and on any copies of the Cummins information. You may not modify the Cummins information obtained from this Site in any way or reproduce or publicly display, transmit, or distribute or otherwise use the Cummins information for any commercial purpose. For purposes of these Terms, any use of the Cummins information on any other Web site or networked computer environment (including but not limited to posting of Cummins information on a local Intranet or Extranet) for any purpose is prohibited without the express written permission of Cummins. The Cummins information at this Site is copyrighted and any unauthorized use of any Cummins information located at this Site may violate copyright, trademark, and other laws. If you fail to comply with these terms your authorization to use this Site automatically terminates and you must immediately destroy any Cummins information obtained from the site.

Catalog Information

The catalog information is furnished for the convenience of our customers and is accurate as possible. However, the manufacturer makes no guarantee, either expressed or implied, as to its accuracy or availability of listed products. All other specifications and application information are taken from authoritative information. Every attempt has been made to supply original factory installation information. Many manufacturers offer engine and/or filter options on specific models; manufacturers may make production line changes on a model during the production year; owners may modify equipment. Cummins Inc. is not responsible for misapplications.

User Submissions

Any material, information or idea you transmit to or post on this Site by any means (including, but not limited to e-mails sent to Cummins using links provided in this site) will be treated as non-confidential and non-proprietary, and may be disseminated or used by Cummins or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. The user may not post any material that violates copyright, trademark, or other proprietary rights (including rights of publicity and privacy). The user will indemnify Cummins for any and all damages resulting from the user's actions or postings that violate any of these policies. Cummins reserves the right to prohibit further postings by any user for violation of these standards.

Links To Other Web Sites

Links to third party Web sites not maintained by Cummins on this Site are provided solely as a convenience to our customers and visitors. If you use these links, you will leave this Site. Cummins has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Cummins does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

Disclaimer

The materials provided at this site are provided "as is" without any warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Cummins further does not warrant the accuracy and completeness of the materials at this site. Cummins may make changes to the materials at this site, or to the products and prices described in them, at any time without notice. The materials at this site may be out of date, and Cummins makes no commitment to update the materials at this site. Information published at this site may refer to products, programs or services that are not available in your country or local area. Consult Cummins directly for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation of Liability

IN NO EVENT SHALL CUMMINS, ITS SUPPLIERS, OROTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL DAMAGES AND THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE DATA AND INFORMATION PRESENTED ON THIS WEB SITE IS BELIEVED TO BE ACCURATE BUT SHOULD NOT BE RELIED UPON BY THE USER FOR ANY PURPOSE. ANY AND ALL LIABILITY FOR THE CONTENT OR ANY OMISSIONS FROM THIS WEB SITE, INCLUDING ANY INACCURACIES, ERRORS, OR MISSTATEMENTS IN SUCH DATA OR INFORMATION IS EXPRESSLY DISCLAIMED. CUMMINS DISCLAIMS ANY LIABILITY FOR USE OF CUMMINS PRODUCTS IN APPLICATIONS OTHER THAN THOSE FOR WHICH THEY ARE DESIGNED.

Applicable Laws

This Site is administered by Cummins Onan based in Pooraka, South Australia. Cummins makes no representation that materials at this Site are appropriate or available for use outside of Australia, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials at this Site or any copy or adaptations in violation of any applicable laws or regulations including without limitation Australian. export laws and regulations. If you choose to access this Site from outside Australia, you do so on your own initiative and are responsible for compliance with applicable local laws (state based). These Terms will be governed by and construed in accordance with the laws of Australia (state based), without giving effect to any principles of conflicts of laws.

General

Cummins reserves the right to modify these Terms at any time. The terms on this page are binding upon you, therefore, you should review them often. Terms listed in this document may be superseded by specific terms elsewhere on the site.

Order Forms, Registration Forms, and E-mail

This site uses forms to generate e-mails, which are then used to submit order inquiries, submit registration information, and other business processes. Cummins explicitly states that these forms do not constitute any agreement between Cummins and the person submitting the form. Cummins expressly disclaims any and all liability whatsoever in relation to the delivery and processing of these forms. If your need is urgent, please contact Cummins directly via telephone. E-mail that is sent to Cummins is transmitted via the Internet. Cummins is not responsible for any delays caused due to problems with the delivery of, processing of, or the security and privacy of Internet e-mail.

Privacy Policy

Cummins values your privacy. We will not resell any of your information. We may use cookies to determine your usage of the web-site. We will use the information you give us to help us provide better products and service. We may disclose, process, transmit or re-use the information within our Cummins group of companies and our distributors to provide better customer support. We may contact you from time to time regarding special offers, promotion, new product information and services.

By using this site, you signify your assent to the Cummins Privacy Policy. If you do not agree to this policy, please do not use our website. We reserve the right, at our discretion, to change, modify, add, or remove portions of this policy at any time. Please check this page periodically for changes. Your continued use of the Cummins website following the posting of changes to these terms will mean you accept those changes.

Payment Security:

Your privacy and the security of your information is of paramount importance to us. All our online payments are processed using  a premium e-commerce payment gateway. Their system uses industry standard encryption technology between the Cummins Onan Online website and the payment server.

If making a payment by credit card over the phone your credit card details will be taken by a Cummins Onan staff members. Once the payment has been processed and authorised your credit card details will be destroyed.