Terms and Conditions of Sale
SOLLAST Pty Ltd (ACN 699 199 543) ("we", "us", "our", "the Manufacturer")
1. Acceptance of Terms
1.1 By placing an order for a SOLLAST 40W Rotating Light ("Product") through our website, you ("Buyer", "you") agree to be bound by these Terms and Conditions of Sale ("Terms").
1.2 You must actively check the box marked "I have read and agree to the Terms and Conditions" before completing checkout. Orders will not be processed without this acknowledgment.
1.3 If you do not agree to these Terms, do not complete your purchase.
2. Products
2.1 The Product is a remote-controlled directional light designed for automotive and marine use. It is the Buyer's responsibility to ensure any installation and use complies with applicable local laws, including road and maritime regulations, before use on public roads or waterways.
2.2 Product images, specifications, and descriptions on our website are provided for general guidance. We make reasonable efforts to ensure accuracy but do not warrant that descriptions are error-free.
2.3 The Product is intended for use strictly in accordance with the instructions, specifications, ratings (including voltage, current, and IP rating), and warnings provided in the product manual and on our website. Use outside these parameters is not intended or supported use.
3. Orders and Payment
3.1 All prices are listed in Australian Dollars (AUD). For orders shipped within Australia, displayed prices include GST. For orders shipped to other countries, including New Zealand and the United States, applicable taxes (such as New Zealand GST or US state sales tax) may be calculated and added separately at checkout based on your delivery address, and are not included in the displayed price unless stated otherwise.
3.2 Placing an order constitutes an offer to purchase, which we may accept or decline at our discretion (e.g. due to stock unavailability or pricing errors).
3.3 Payment is processed via Shopify Payments at the time of order.
4. Shipping and Delivery
4.1 Estimated delivery times are indicative only and not guaranteed.
4.2 Risk in the Product passes to the Buyer on delivery. Title passes on receipt of full payment.
4.3 We ship to Australia, New Zealand, the United Kingdom, Canada, the United States, the United Arab Emirates and the European Union member states listed in our Shipping Policy. All shipments require a signature on delivery.
4.4 Lead time: orders have an estimated lead time of 3 weeks from the date of order to dispatch. This is a genuine estimate, not a guaranteed date. If we expect your order to be delayed beyond this, we will email you with an updated estimate, and you may cancel for a full refund at any time before your order is dispatched.
4.5 International orders (DAP): orders delivered to any country other than Australia and the United States are shipped DAP (Delivered At Place, Incoterms® 2020). Prices and order totals for these destinations do not include import duties, import taxes (such as VAT or GST) or customs and carrier clearance fees. These charges are payable by you to the carrier or customs authority before your parcel is released. By checking out with a delivery address outside Australia and the United States, you agree to these DAP shipping conditions. If you refuse delivery or do not pay import charges and the parcel is returned to us, we will refund the price of the goods and the original delivery charge, less the actual cost of returning the parcel to us.
5. Consumer Guarantees (Australian Consumer Law)
5.1 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 for 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.
5.2 Nothing in these Terms excludes, restricts, or modifies any right or remedy conferred on the Buyer under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded, restricted, or modified.
5.3 If you are purchasing from outside Australia, the guarantees described in this clause 5 apply where the Australian Consumer Law applies to your purchase. You may also have separate rights under the consumer protection laws of your own country (for example, New Zealand's Consumer Guarantees Act or United States federal and state consumer protection laws), which operate in addition to, and are not limited by, these Terms.
6. Warranty
6.1 Subject to clause 5, the Product is covered by a 2-year manufacturer's warranty against defects in materials and workmanship from the date of purchase. See our Warranty page for full details.
6.2 This warranty does not cover:
- (a) damage caused by use outside the Product's rated voltage, current, or IP rating;
- (b) damage caused by installation not performed in accordance with our installation instructions;
- (c) unauthorised modification, alteration, or repair;
- (d) normal wear and tear, or damage caused by accident, misuse, or neglect; or
- (e) use of the Product for any purpose other than its intended use as described in clause 2.
6.3 To make a warranty claim, follow our step-by-step returns instructions, with proof of purchase and a description of the fault.
7. Intended Use and Warnings
7.1 The Product is not certified as a driving light, navigation light, safety light, or signalling device under any maritime or road transport regulation, unless expressly stated otherwise on the product packaging or documentation.
7.2 The Product must be installed and used in accordance with:
- (a) its rated voltage and current;
- (b) its IP (ingress protection) rating, including any limits on submersion or exposure to water; and
- (c) the installation instructions provided with the Product.
7.3 The Product is intended for use on private property, private vessels, and private vehicles.
8. Limitation of Liability
8.1 Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on the Buyer under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted, or modified by agreement.
8.2 Subject to clause 8.1, and to the maximum extent permitted by law, our total aggregate liability to the Buyer arising out of or in connection with the sale, supply, installation, or use of the Product — whether in contract, tort (including negligence), under statute, or otherwise — is limited, at our election, to one of the following:
- (a) the replacement of the Product or supply of an equivalent product;
- (b) the repair of the Product;
- (c) the payment of the cost of replacing the Product or acquiring an equivalent product; or
- (d) the payment of the cost of having the Product repaired,
and in any event shall not exceed the purchase price paid by the Buyer for the Product giving rise to the claim.
8.3 Clause 8.2 does not apply to, and our liability is not limited in respect of:
- (a) death or personal injury caused by our negligence or a defect in the Product;
- (b) liability arising under Part 3-5 of the Australian Consumer Law (liability for goods with safety defects); or
- (c) fraud or wilful misconduct on our part.
8.4 To the maximum extent permitted by law, we exclude all liability for indirect, consequential, or special loss, including loss of profits, loss of use, or loss of data, arising out of or in connection with the Product.
9. Indemnity
9.1 You indemnify and hold harmless the Manufacturer, its officers, employees, and agents against all claims, losses, damages, costs, and expenses (including legal costs on a full indemnity basis) arising out of or in connection with:
- (a) any use of the Product other than in accordance with the instructions, specifications, and warnings provided, including use exceeding the Product's rated voltage, current, or IP rating;
- (b) any installation of the Product not performed in accordance with our installation instructions, or performed by a person not suitably qualified to do so;
- (c) any modification, alteration, or repair of the Product not authorised by us in writing;
- (d) any use of the Product for a purpose for which it was not designed or intended, including any use as a driving light, navigation light, safety light, or signalling device under maritime or road transport regulations unless expressly certified by us for that purpose; or
- (e) any breach of these Terms by you,
except to the extent such claims, losses, damages, costs, or expenses are caused or contributed to by our negligence or wilful misconduct.
9.2 This indemnity survives termination or expiry of these Terms and the sale of the Product.
10. Intellectual Property
10.1 All trademarks, designs, product names, and content on our website are owned by or licensed to us. Nothing in these Terms grants you any right to use our intellectual property without our prior written consent.
11. Privacy
11.1 We collect and handle personal information in accordance with our Privacy Policy, and the Australian Privacy Principles under the Privacy Act 1988 (Cth).
12. Force Majeure
12.1 We are not liable for any delay or failure to perform our obligations due to events beyond our reasonable control, including natural disasters, supply chain disruption, or government action.
13. Governing Law and Disputes
13.1 These Terms are governed by the laws of Queensland, Australia.
13.2 You agree to submit to the exclusive jurisdiction of the courts of Queensland.
14. Severability
14.1 If any provision of these Terms is found to be void, voidable, or unenforceable, that provision is severed and the remainder of these Terms continue in full force and effect.
15. Changes to These Terms
15.1 We may update these Terms from time to time. The version in effect at the time of your order applies to that order.
16. Contact
For questions about these Terms, contact us at support@sollast.com.