Ecoflow Delta 1600 Terms of Sale

Thank you for purchasing an Ecoflow Delta 1600 package (Goods) from us at DCP Company Limited ABN 85 619 866 072 (trading as DC Power Co).  The terms of the purchase are set out in the order form that you as the Purchaser have completed, and these Terms of Sale.  Applicable manufacturer’s Warranty terms are set out in warranty cards you will receive on delivery of the Goods per your Order.  

The Goods come with a 2 year manufacturer’s Warranty as standard. If you purchased a bundle, with an accompanying folding solar panel, the Warranty on the panels come with a 1 year manufacturer’s Warranty as standard.

Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Unless agreed in writing with DC Power Co, the supply of Goods will be solely on the basis explained in these  Terms of Sale.

 

1. ORDERS

1.1. These Terms of Sale apply from the time you submit an Order to DC Power Co via our website.

1.2. DC Power Co reserves the right to make any corrections to prices quoted on our website or in correspondence.  We may update our products and pricing from time to time on our website.

 

2. PAYMENT TERMS

2.1. The amount payable for the Goods will be the price on DC Power Co website.

2.2. Payment for the goods, and shipping of Goods to you, must be made at the time of your Order via our website, using our Shopify checkout.

 

3. DELIVERY

3.1. Lead times for dispatch of Goods are for reference only and are subject to change. 

3.2. Pricing for delivery is quoted, and to be paid, at time of the purchase of the Goods and may vary by destination state.

3.3. DC Power Co organises delivery of the Goods (direct from CPPower, licensed distributor of the Ecoflow Delta 1600) to your nominated address, using a third party delivery business (usually TNT).  You or another adult you authorise must be available to accept delivery. DC Power Co is deemed to have delivered the Goods when they are made available for unloading at the nominated address . If the Goods require special arrangements for unloading and/or storage, the arrangements are the responsibility of the Purchaser.

3.4. DC Power Co will use its best endeavours to deliver Goods in accordance with accepted Orders and arrangements, but is not liable for any claims relating to late delivery of Goods or for any loss or damage (including consequential loss or damage) suffered by the Purchaser arising from the delivery, the delay in delivery or failure to deliver. The Purchaser must accept the Goods notwithstanding late delivery.

3.5. The risk of any loss or damage to the Goods, and title to the Goods, pass from DC Power Co to the Purchaser at delivery, which is deemed to be effected when the Goods are available for unloading by the Purchaser at the nominated delivery address.  Any additional costs that you or DC Power Co incur after that time are your responsibility. For example, if you are not available to accept the delivery, and our delivery company charges us for returning or storing and re-delivering the Goods, we will invoice you for those charges and our administration costs.

 

4. STORAGE

4.1. If DC Power Co notifies the Purchaser that the Goods are ready for delivery and the Purchaser requests DC Power Co to hold the Goods on its behalf, the Goods will be held by DC Power Co at the Purchaser’s risk, and DC Power Co will be entitled to charge storage fees in respect of the Goods so stored.  We cannot hold Goods for an extended period, and after 7 days we may return the Goods to stock or otherwise deal with them, and retain all our costs incurred including a margin for overheads.

 

5. CLAIMS AND WARRANTIES

5.1. Please read carefully the terms of your manufacturer’s Warranty, which is enforceable only by the Purchaser, and directly against the manufacturer.  In the case of a suspected fault with the Goods, please contact Ecoflow, as is detailed in the warranty information. 5.2. The Warranty comes with important conditions, and may be voided or reduced in a range of circumstances  including negligent use, accident, misuse or damage by you or a third party, failure to provide adequate installation and housing, normal wear and tear, or the use of the product for any purpose not intended by the manufacturer.

5.2. If you have a claim under these Terms of Sale against DC Power Co, you  must notify DC Power Co in writing within:

5.2.1. one week of becoming aware, or when you should reasonably have become aware, of the basis for the claim, in relation to a claim that the Goods supplied do not accord with those ordered or if the Goods are damaged or defective; or

5.2.2. fourteen days of receiving an invoice if there is a dispute regarding the invoice,

and you will be deemed to have accepted the Goods or invoice if you fail to do so.

5.3. DC Power Co’s partner is responsible for delivery of Goods.  In addition to your other rights, DC Power Co will replace free of charge Goods lost or damaged in transit to the delivery address, provided you notify us in writing either (a) within 7 days of scheduled delivery in the case of loss, or (b) within 48 hours of delivery in the case of damage.

 

6. EXCLUSIONS AND LIMITATIONS

To the extent permitted by law, DC Power Co’s obligations to the Purchaser in respect of a breach of these Terms of Sale or a term implied by law will at DC Power Co’s option, be limited to:

6.1. the repair or replacement of the Goods;

6.2. paying for the cost of repair or replacement of the Goods; or

6.3. the supply of equivalent Goods.

 

7. GENERAL MATTERS 

7.1. These Terms of Sale are governed by and will be interpreted in accordance with the laws in effect in Victoria Australia, and any dispute that cannot be resolved between the parties may be brought only in that jurisdiction.

7.2. These Terms of Sale take effect in the form in which DC Power Co offers them on its website from time to time.  Once the Purchaser submits the Order, the Terms in effect at the time of the Order apply to the Order.

7.3. The Purchaser must not assign any of its rights or obligations under the Terms of Sale without the prior approval of DC Power Co.

7.4. If all or part of a clause in these Terms of Sale is void, illegal or unenforceable, it may be severed without affecting the enforceability of any other provision.

 

 

As at 2/11/20