These Terms and Conditions of Trade ("Terms") govern every quotation, order, sale and supply of goods and services by Easy Inflatables Pty Ltd (ABN provided on tax invoice) ("Easy Inflatables", "we", "us", "our") to any customer ("you", "the Customer"). They consolidate and operate together with our Warranty Policy, Order, Payment & Refund Policy and Privacy Policy. To the extent of any inconsistency, the more specific policy prevails for that subject matter; otherwise these Terms apply.
By placing an order, paying a deposit, signing a quote, or accepting delivery of goods, you acknowledge that you have read, understood and agreed to these Terms.
Contents
1. Definitions and interpretation
2. Application of these Terms
3. Quotes, orders and acceptance
4. Custom-built, made-to-order goods
5. Prices, GST and changes
6. Deposits (from 20 March 2026)
7. Final payment and Stripe auto-charge
8. Title, risk and PPSA security interest
9. Delivery, freight and lead times
10. Customs, biosecurity and import delays
11. Events outside our control (force majeure)
12. Inspection, damage and short-delivery claims
13. Cancellations and change-of-mind
14. Customer default and recovery of debts
15. Chargebacks and payment disputes
16. Warranty — 5-Year and 5–7 Year hull cover
17. Choice of remedy on custom-built boats
18. Refunds and returns
19. Liability and indemnity
20. Non-consumer and commercial purchases
21. Insurance, registration and lawful use
22. Intellectual property
23. Privacy and marketing
24. Severability, waiver and assignment
25. Governing law and jurisdiction
26. Notices and contact
27. Australian Consumer Law (mandatory text)
28. Specific customer scenarios (anti-abuse provisions)
1. Definitions and interpretation
In these Terms:
- "ACL" means the Australian Consumer Law, Schedule 2 to the Competition and Consumer Act 2010 (Cth).
- "Goods" means any boat, catamaran, outboard engine, accessory, part or other product supplied by Easy Inflatables.
- "Services" means any service supplied by Easy Inflatables, including assembly, fitting, repair, delivery co-ordination or warranty assessment.
- "Order" means any request from the Customer to purchase Goods or Services, whether by website, email, phone, quote acceptance or deposit payment.
- "Deposit" has the meaning in clause 6.
- "PPSA" means the Personal Property Securities Act 2009 (Cth).
- "Consumer" has the meaning given in section 3 of the ACL.
Headings are for convenience only. References to legislation include amendments and successor legislation. "Including" is not limiting.
2. Application of these Terms
These Terms apply to all Orders placed with Easy Inflatables on or after 20 March 2026, and continue to apply to all later Orders unless replaced by an updated version published at /terms. Earlier Orders are governed by the Terms in force on the date of order, except that the warranty version applicable to that Order is the one identified in our Warranty Policy.
We may update these Terms from time to time. Material changes are published on this page with a new "Updated" date. Continued ordering after publication constitutes acceptance of the updated Terms for future Orders.
These Terms prevail over any terms the Customer attempts to impose (for example, purchase order terms, supplier portal terms, or terms on the back of a counter-offer), unless we have agreed to them in writing signed by an authorised representative of Easy Inflatables.
3. Quotes, orders and acceptance
- Quotes are valid for 14 days unless otherwise stated, and are subject to availability, exchange-rate movement, freight cost movement, and final factory confirmation.
- An Order is binding on the Customer once any of the following occurs: (a) the Customer pays a Deposit; (b) the Customer signs or electronically accepts a quote; or (c) the Customer accepts delivery of the Goods.
- An Order is accepted by Easy Inflatables when we confirm the Order in writing (email confirmation, tax invoice, or production-slot allocation). No contract is formed merely by submission of a website order — we may decline or reallocate any Order before acceptance.
- We may correct obvious typographical errors (price, specification, quantity) and notify the Customer; the Customer may then confirm or withdraw the Order without penalty.
4. Custom-built, made-to-order goods
The Customer acknowledges that Easy Inflatables boats and many accessories are custom-built, made-to-order marine products: each unit is allocated, imported, configured and (where applicable) registered or HIN-stamped for the specific Customer. They are not standard returnable stock.
Consequences of this clause include:
- Production slots, factory allocations and shipping containers are reserved against the Deposit and cannot be cancelled or refunded except as set out in clause 13 or as required by the ACL.
- Lead times are estimates only and depend on factory production, freight, customs and biosecurity clearance (see clauses 9–11).
- Change-of-mind, "I found one cheaper", buyer's remorse, partner/spouse objection, finance falling through after acceptance, change in personal circumstances, and similar matters are not grounds for refund of the Deposit or of the balance once paid.
5. Prices, GST and changes
- All prices are quoted in Australian Dollars (AUD) and, unless stated otherwise, are inclusive of GST.
- Prices on the website are indicative for in-stock or standard configurations. The binding price is the price on the tax invoice issued at Order acceptance.
- For pre-orders, Orders involving imported stock, or Orders with delivery more than 60 days from the Deposit date, Easy Inflatables reserves the right to pass on documented increases in (a) factory ex-works pricing, (b) ocean and inland freight, (c) Australian customs duty, biosecurity charges or tariffs, (d) exchange-rate movement greater than 5% against the order-date AUD/USD spot rate, or (e) statutory levies. The Customer will be notified in writing and may either accept the adjustment or cancel the affected portion of the Order with a refund of the Deposit attributable to that portion (subject to clause 13).
- Optional extras, freight upgrades, residential-delivery surcharges, remote-area surcharges and installation services are charged in addition.
6. Deposits (from 20 March 2026)
Effective 20 March 2026, the following Deposit terms apply to all new boat, catamaran and outboard Orders:
- A non-refundable Deposit is required to secure each Order, allocate the production slot and commence manufacture, importation or fit-out.
- The Deposit is non-refundable except where: (a) Easy Inflatables cancels the Order other than for Customer default; (b) the ACL requires a refund (for example, a major failure or breach of consumer guarantee that cannot be remedied); or (c) we agree otherwise in writing.
- The Deposit is not a layby payment within the meaning of section 39 of the ACL. It is a part-payment toward a contract for the supply of custom-built goods. The Customer may not cancel "at will" under layby provisions.
- The Deposit is forfeited if the Customer defaults under clause 14, fails to pay the balance within the time required, or refuses to accept delivery of conforming Goods.
- Where Easy Inflatables incurs actual costs in excess of the Deposit (e.g. factory progress payments, freight already prepaid, customs charges, custom HIN or registration work), those costs are recoverable from the Customer as a debt in addition to forfeiture of the Deposit.
This clause does not exclude, restrict or modify any non-excludable right of the Customer under the ACL.
7. Final payment and Stripe auto-charge
- The balance of the Order is due prior to dispatch (or as set out on the tax invoice).
- Where the Customer pays the Deposit via Stripe (or another saved-card processor) and authorises auto-charge, the Customer authorises Easy Inflatables to automatically charge the saved payment method for the balance once Goods are ready to dispatch, in accordance with the Order, Payment & Refund Policy.
- The Customer warrants that the saved payment method has, and will continue to have, sufficient funds or available credit to cover the balance. The Customer must update the payment method if it expires, is cancelled, or is reported lost or stolen before the balance is charged.
- If the auto-charge declines, the Customer must pay by an alternative method within 7 business days of notification, consistent with clause 4 of the Order, Payment & Refund Policy. After that period, clause 14 (Customer default) applies and storage / re-allocation fees may accrue.
- Approved bank transfer (EFT) is accepted by prior arrangement; Goods are not released until cleared funds are received.
8. Title, risk and PPSA security interest
- Title in the Goods remains with Easy Inflatables until the Customer has paid all amounts owing on the Order (and any other amounts owing to Easy Inflatables on any account) in cleared funds.
- Risk in the Goods passes to the Customer on delivery to the Customer or to the Customer's nominated carrier or address, whichever occurs first.
- The Customer grants Easy Inflatables a purchase money security interest (PMSI) in the Goods (and their proceeds) under the PPSA, securing payment of the price and all related amounts. The Customer must do all things reasonably required to enable Easy Inflatables to register, perfect and maintain that security interest, and waives the right to receive notices under sections 95, 118, 121(4), 130, 132(3)(d), 132(4), 135, 142 and 143 of the PPSA to the extent permitted.
- Until title passes, the Customer must keep the Goods clearly identifiable as Easy Inflatables' property, insured against loss or damage, and free from any third-party interest.
9. Delivery, freight and lead times
- Lead times provided at quote or Order acceptance are estimates only, based on then-current factory schedules, sailing schedules and customs processing times.
- Delivery may be by courier, freight depot, kerbside transport carrier or our own logistics, as nominated on the tax invoice. The Customer must provide a safe, accessible delivery address and accurate contact details.
- The Customer must inspect the Goods on delivery in accordance with clause 12.
- Re-delivery fees, depot storage fees and futile-delivery fees charged by the carrier are payable by the Customer where delivery fails through no fault of Easy Inflatables.
- For commercial freight (catamarans, large packages, outboards), residential, remote-area, island, weekend or after-hours surcharges may apply and are notified before dispatch where reasonably practicable.
- A flat AUD $1,000 remote-area DDP surcharge is applied automatically by our checkout system based on the delivery postcode supplied by the Customer (current zones: NT 0800–0899; Far-North QLD 4700–4899; outback SA 5700–5799; remote WA 6700–6799; regional TAS 7200–7470). The Customer is responsible for entering an accurate delivery postcode; surcharges missed due to an incorrect postcode remain payable and may be invoiced before dispatch.
10. Customs, biosecurity and import delays
The Customer acknowledges that many Easy Inflatables Goods are imported from international factories and are subject to Australian Border Force customs clearance and Department of Agriculture, Fisheries and Forestry (DAFF) biosecurity inspection on arrival.
- Easy Inflatables is not liable for delays caused by (a) customs holds, inspections, x-ray, container unpack or document review; (b) biosecurity holds, treatment, fumigation, re-inspection or destruction orders; (c) port congestion, wharf strikes, container shortages, vessel diversion, vessel breakdown, blank sailings or schedule changes; (d) carrier delays, depot delays or weather events.
- Where such a delay occurs, Easy Inflatables will keep the Customer informed of estimated revised dispatch dates. The Customer is not entitled to cancel the Order, claim a refund, claim a discount, claim consequential loss or claim damages by reason of such a delay, except where the delay results in a failure of a service consumer guarantee under the ACL (reasonable time for supply) and the Customer has, after reasonable notice, terminated the contract in accordance with section 267 of the ACL.
- If the delay exceeds 120 days beyond the original estimated dispatch date for reasons within this clause, the Customer and Easy Inflatables will negotiate in good faith either to extend the lead time or to cancel the affected portion of the Order with a refund of the Deposit (less any non-recoverable third-party costs already incurred).
11. Events outside our control (force majeure)
Easy Inflatables is not liable for any failure or delay in performance caused by events outside its reasonable control, including acts of God, fire, flood, storm, pandemic, epidemic, government order, war, civil unrest, sanctions, embargo, terrorism, cyber-attack, labour dispute, shortage of materials, failure of a supplier or sub-contractor, factory shutdown, energy shortage, customs or biosecurity action, freight failure or carrier insolvency.
During a force majeure event, performance is suspended for the duration of the event plus a reasonable period to resume. If the event continues for more than 90 days, either party may terminate the affected Order; in that case the Customer is entitled to a refund of monies paid for Goods not supplied, less reasonable third-party costs already incurred and non-recoverable (e.g. factory progress payments, customs duty, prepaid freight).
This clause does not exclude any non-excludable right of the Customer under the ACL.
12. Inspection, damage and short-delivery claims
- The Customer must inspect Goods immediately on delivery for visible damage, missing items and obvious non-conformity.
- Visible transit damage and short delivery must be noted on the carrier's proof of delivery (POD) and reported in writing to Easy Inflatables (sales@easyinflatables.com.au) with photos within 48 hours of delivery.
- Concealed damage must be reported in writing with photos within 7 days of delivery.
- Claims outside these timeframes may be refused, except where the ACL requires otherwise.
- The Customer must keep the original packaging and damaged Goods available for inspection by Easy Inflatables and/or the carrier's insurer until the claim is resolved.
13. Cancellations and change-of-mind
- Before Easy Inflatables accepts the Order, the Customer may withdraw the Order with a full refund of any payments made.
- After Order acceptance and Deposit payment, the Deposit is non-refundable (clause 6), and the Customer remains liable for any actual third-party costs incurred above the Deposit.
- After dispatch, the Order cannot be cancelled. The Customer must accept delivery; any post-delivery return is subject to clause 18 and the Order, Payment & Refund Policy.
- Change-of-mind (including buyer's remorse, finding the product cheaper elsewhere, finance falling through after acceptance, partner/spouse objection, change in personal circumstances, change in intended use, or simply deciding not to proceed) is not a ground for refund of the Deposit, refund of the balance, return of Goods, or cancellation of the auto-charge authority in clause 7.
14. Customer default and recovery of debts
The Customer is in default if any of the following occurs:
- Failure to pay any amount when due.
- Failure to accept delivery of conforming Goods within 5 business days of being notified that Goods are ready for dispatch or delivery.
- A declined auto-charge that is not remedied within 7 business days (clause 7).
- Breach of any other material term of these Terms.
- The Customer becomes insolvent, enters voluntary administration, has a controller appointed, is wound up, makes an assignment for the benefit of creditors, or commits an act of bankruptcy.
On default, Easy Inflatables may, without limiting any other right:
- charge interest on overdue amounts at the rate of 2% per annum above the Reserve Bank of Australia cash rate, calculated daily and capitalised monthly;
- charge storage fees of $25 per day for boats and $10 per day for accessories held beyond 5 business days from ready-for-dispatch notification;
- forfeit the Deposit and recover any actual costs incurred above the Deposit as a debt;
- re-allocate or re-sell the Goods, with any shortfall (including discounts, freight, repackaging, refurbishment and re-listing costs) recoverable from the Customer as a debt;
- recover debt-collection, mercantile-agent and legal costs (including legal costs on a solicitor / own-client or indemnity basis) reasonably incurred in recovery;
- suspend or cancel any other Order from the Customer;
- exercise any right of repossession or other remedy under the PPSA.
The Customer charges all of their interest in any real property they own (whether legal or beneficial, alone or jointly) with the amounts owing to Easy Inflatables, and consents to Easy Inflatables lodging a caveat over that property to protect that charge.
15. Chargebacks and payment disputes
The Customer agrees not to initiate a card chargeback, PayPal claim, Stripe dispute or buyer-protection claim for matters that are properly addressed by clauses 13, 16, 17 or 18 of these Terms or by the Order, Payment & Refund Policy. The Customer must first contact Easy Inflatables in writing and allow a reasonable opportunity to resolve the matter.
Where a chargeback is initiated in bad faith, in breach of these Terms, or for change-of-mind, Easy Inflatables will defend the chargeback with the issuing bank/scheme and may recover from the Customer all card-scheme fees, administration costs and legal costs reasonably incurred in defending the dispute.
This clause does not affect the Customer's statutory right to dispute an unauthorised transaction.
16. Warranty — 5-Year and 5–7 Year hull cover
The full warranty is set out in the Warranty Policy. In summary:
- Orders placed on or after 1 June 2026 on covered Aerowave Sport, Sport Series, Viper Series and Catamaran models are backed by the 5–7 Year Limited Hull Warranty: Years 1–5 covering defects in materials and workmanship across covered components, plus extended Years 6–7 limited cover on major structural defects of the hull fabric and welded seams only, subject to inspection and proof of correct ongoing care.
- Orders placed before 1 June 2026 remain covered by the previous 5-Year Limited Hull Warranty. The extended Years 6–7 cover does not apply retroactively to those earlier Orders.
- WaveRunner Series 1 and 2 carry a 3-Year Limited Warranty; WaveRunner Series 3 carries a 5-Year Limited Warranty.
- Accessories carry a 1-Year Limited Warranty.
- Hidea outboard engines carry the manufacturer's 5-Year (3+2) warranty in addition to ACL consumer guarantees.
Conditions for cover, exclusions, claim process, return-freight rules and the mandatory Warranty Against Defects disclosure are set out in full in the Warranty Policy.
17. Choice of remedy on custom-built boats
Easy Inflatables boats are custom-built marine products. Under the ACL, where a fault is not a major failure, the supplier is entitled to choose the remedy — repair, replacement of the affected part, or replacement of the product — within a reasonable time. A refund is not the default remedy for a non-major fault.
Accordingly, and consistent with the Warranty Policy and Order, Payment & Refund Policy:
- Component faults (floor, valve, seam, fitting, air-deck, accessory) will normally be remedied by repair or replacement of the affected component.
- Whole-boat replacement may be offered at Easy Inflatables' discretion where the hull is independently assessed as not economically repairable.
- Refunds are issued only where required by the ACL — for example, a genuine "major failure" as defined by sections 260 and 268, or where repair or replacement cannot be carried out within a reasonable time.
- Once a custom-built boat has been delivered, accepted and used, change-of-mind refunds are not available, and refunds will not be issued for minor, cosmetic, repairable or non-major issues.
18. Refunds and returns
Refunds and returns are governed by the Order, Payment & Refund Policy. In summary, refunds are available only where:
- the ACL requires a refund (major failure, or non-major fault not remedied in a reasonable time);
- Easy Inflatables cancels the Order other than for Customer default; or
- we have agreed in writing.
Change-of-mind returns are not accepted on custom-built Goods. Accessory returns, if accepted at our discretion, must be in unused, original-packaged condition and may attract a restocking fee.
19. Liability and indemnity
To the maximum extent permitted by law:
- Easy Inflatables' total aggregate liability arising out of or in connection with an Order is limited to the price paid by the Customer for the affected Goods or Services.
- Easy Inflatables is not liable for indirect, incidental, special, punitive or consequential loss, loss of profit, loss of use, loss of revenue, loss of business opportunity, loss of charter, hire or commercial income, loss of data, or loss of goodwill.
- Easy Inflatables is not liable for loss arising from self-installation of accessories, unauthorised modification, use outside rated limits or recommended pressures, operation in conditions exceeding the boat's design, or non-compliance with maritime or registration law in the Customer's jurisdiction.
- The Customer indemnifies Easy Inflatables against any third-party claim, loss, damage or cost arising from the Customer's misuse of the Goods, breach of these Terms, or breach of any law.
Nothing in this clause excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded under the ACL or other applicable consumer protection law.
20. Non-consumer and commercial purchases
Where the Customer acquires the Goods or Services for re-supply, commercial hire, charter, instructional, racing, rescue, government or other commercial use, or where the Goods or Services are not of a kind ordinarily acquired for personal, domestic or household use, Easy Inflatables relies on section 64A of the ACL to limit its liability for failure to comply with a consumer guarantee (other than those that cannot lawfully be limited) to, at our option:
- in the case of goods — replacement, supply of equivalent goods, repair, payment of the cost of replacement, equivalent goods or repair; or
- in the case of services — re-supply of the services or payment of the cost of having the services supplied again.
The Customer warrants the intended use at the time of Order and indemnifies Easy Inflatables for any loss caused by misrepresentation of intended use.
21. Insurance, registration and lawful use
The Customer is solely responsible for:
- registering the vessel and outboard engine where required by the State or Territory maritime authority;
- holding any required boat licence or coxswain qualification;
- maintaining appropriate insurance against loss, damage, theft and third-party liability from the time risk passes (clause 8);
- carrying mandatory safety equipment for the operating area; and
- complying with all applicable maritime, environmental and safety laws.
Easy Inflatables provides no warranty that the Goods are suitable for any particular commercial, hire, charter, rescue or regulated activity beyond what is expressly stated in writing.
22. Intellectual property
All trademarks, designs, brochures, photography, website content, technical drawings, manuals and software supplied by Easy Inflatables remain the property of Easy Inflatables or its licensors. The Customer is granted a non-exclusive, non-transferable licence to use the manuals and supplied content for the Customer's own ownership and use of the Goods. The Customer must not copy, modify, reverse engineer or commercially exploit Easy Inflatables' intellectual property without prior written consent.
23. Privacy and marketing
Easy Inflatables collects, uses and discloses personal information in accordance with the Privacy Act 1988 (Cth) and the Privacy Policy. By placing an Order, the Customer consents to the use of their personal information for Order processing, payment, delivery, warranty administration, recall and safety notices, and (where lawful) marketing of related products and services, with the right to opt out of marketing at any time.
24. Severability, waiver and assignment
- If any clause is held invalid or unenforceable, the remaining clauses continue in force, and the invalid clause is read down to the extent necessary.
- No failure or delay by Easy Inflatables in exercising a right is a waiver of that right.
- The Customer may not assign or novate its rights or obligations without Easy Inflatables' prior written consent. Easy Inflatables may assign its rights and obligations on notice.
25. Governing law and jurisdiction
These Terms are governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from those courts.
26. Notices and contact
Notices to Easy Inflatables must be sent in writing to:
Easy Inflatables Pty Ltd
8A Comito Close, Avoca Beach NSW 2251, Australia
Phone: +61 2 4335 1603
Email: sales@easyinflatables.com.au
Notices to the Customer are validly given when sent to the email or postal address most recently provided to Easy Inflatables.
27. Australian Consumer Law (mandatory text)
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.
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
Nothing in these Terms excludes, restricts or modifies any right, guarantee, warranty or remedy that the Customer has under the ACL or any other law that cannot lawfully be excluded, restricted or modified.
28. Specific customer scenarios (anti-abuse provisions)
This clause sets out how Easy Inflatables deals with a range of recurring customer scenarios. Nothing in this clause excludes, restricts or modifies any non-excludable right under the ACL — it records how those rights apply in the context of custom-built marine products and confirms what is not a basis for refund, replacement, free upgrade or compensation.
28.1 Proof of purchase, HIN and identification. The Customer must provide proof of purchase (tax invoice number, order ID or original receipt), the Hull Identification Number (HIN) / serial number and clear photos of the rating plate on request. Claims cannot be processed where the HIN, serial number, batch markings or rating plate have been removed, altered, painted over or rendered unreadable.
28.2 Non-transferable warranty. Warranty cover is granted to the original retail purchaser named on the tax invoice and is not transferable on private sale, gift, auction sale, business sale, deceased estate transfer, repossession, insurance write-off or onward export, unless Easy Inflatables agrees in writing. A second-hand buyer has no warranty claim against Easy Inflatables.
28.3 Unauthorised repair, modification or fit-out. Cover is void in respect of any component that has been repaired, modified, drilled, glued, patched, re-tubed, re-coated, re-painted, vinyl-wrapped, antifouled, fitted-out, repowered, re-bonded or worked on by anyone other than Easy Inflatables or an Easy Inflatables-authorised repairer, without our prior written approval. Third-party repair quotes or invoices are not accepted for reimbursement unless we have approved the repairer and the scope in writing before work commences.
28.4 Outboard, electronics and accessory fitment. Fitting an outboard exceeding the boat's rated horsepower or transom weight, fitting non-marine electronics, or drilling the transom, hull or floor for accessories voids cover on the affected components and on any consequential damage. Damage caused by self-installation is not covered.
28.5 Use outside design conditions. Cover does not extend to damage caused by operation outside the boat's design conditions, including overloading, exceeding the rated person / weight capacity, towing failures, grounding, beaching on rocks or oysters, contact with submerged objects, surf-zone use, ocean racing, jumping wakes, exceeding manufacturer pressures, or use in chemicals, hot exhaust gases or fuel spills.
28.6 Storage, UV and care. Damage caused by prolonged direct sunlight without a cover, storage while wet, mould, mildew, vermin, rodent attack, hot vehicle / garage storage, freezing, or use of unapproved cleaners, solvents, silicones or vinyl restorers is not covered.
28.7 DIY transport, towing and relocation after delivery. Once risk has passed under clause 8, damage incurred while the Customer transports, tows, lifts, cranes, slings, deflates, packs or stores the Goods is the Customer's responsibility, not a warranty matter.
28.8 Commercial, hire, charter and government use. Goods supplied for personal, domestic or household use that are subsequently put into commercial hire, charter, instructional, rescue, surf-lifesaving, racing, film/TV production, government or council service cease to be covered from the date of first commercial use, unless a commercial supply has been agreed and priced in writing. The Customer must notify Easy Inflatables before changing use.
28.9 Loss, theft, sinking, fire, collision and insurance write-off. Loss, theft, sinking, capsize, fire, collision, vandalism, accident and insurance total-loss are insurance matters, not warranty matters. Easy Inflatables is not liable to repair, replace or refund Goods lost, written off or rendered unsalvageable for these reasons. Where an insurer settles a claim, the insurer (not Easy Inflatables) is responsible for the Customer's loss.
28.10 Late notification. Warranty issues must be notified to Easy Inflatables in writing within 30 days of the Customer first becoming aware of the issue, and in any event within the applicable warranty period. Late notification that prejudices Easy Inflatables' ability to inspect, assess or remedy the issue may reduce or exclude cover to the extent of that prejudice.
28.11 Access for inspection, collection and repair. The Customer must give Easy Inflatables, its repairer or its nominated carrier reasonable access to inspect, collect and re-deliver the Goods at the address provided on the claim. Refusal of access, repeated missed appointments or unsafe access conditions may suspend the claim and any storage or futile-attendance fees incurred are payable by the Customer.
28.12 Customer-caused delivery failure. Where delivery fails because of an incorrect address, an inaccessible address, refusal to accept delivery, absence at the agreed delivery window, failure to provide gate / building / marina access, or inability to take delivery of large freight, the resulting redelivery, depot storage, demurrage and re-booking charges are payable by the Customer.
28.13 Free upgrade demands. A request for a free upgrade to a newer model, larger size, different colour or higher specification is not a remedy available under the ACL where the original Goods can be repaired or the affected component replaced within a reasonable time. Easy Inflatables is entitled to elect the lawful remedy and is not obliged to provide an upgrade as a "goodwill" remedy.
28.14 Consequential loss claims (loaner boats, accommodation, lost holidays, lost charter income). Subject to the non-excludable rights in clause 19 and the ACL, Easy Inflatables is not liable for loaner-boat costs, hire-boat costs, accommodation, travel rebooking, lost holiday value, lost fishing trips, lost tournament entry fees, lost charter or hire income, lost fuel, lost bait, lost food or any similar consequential loss arising from a delivery delay or warranty repair.
28.15 Loaner items. Where Easy Inflatables, at its discretion, supplies a loaner part, pump, valve or accessory while a claim is assessed, the loaner item remains the property of Easy Inflatables. It must be returned in serviceable condition within 14 days of the claim being closed. Loaner items not returned, or returned damaged beyond fair wear and tear, are charged at full retail price plus freight and may be charged to the card on file.
28.16 Faulty component not returned. Where Easy Inflatables ships a replacement component before the faulty item is returned (advance replacement), the faulty item must be returned within 14 days of the Customer receiving the replacement. If it is not returned, the warranty claim is withdrawn, the replacement is deemed supplied as a normal retail sale, and the current retail price (commonly in excess of AUD $1,000 for major parts) plus freight, GST and processing fees becomes payable as a debt and may be charged to the card on file. Full terms are set out in Section 13 of the Order, Payment & Refund Policy.
28.17 Repeat claims and "no fault found". Where the same component has been inspected and no fault has been found, or has been repaired and is functioning to specification, repeat claims on the same component require new evidence. Reasonable inspection, freight and handling fees apply to "no fault found" inspections, payable by the Customer in advance.
28.18 Evidence integrity. The Customer must not destroy, alter, repaint, dispose of or part out a Good that is the subject of a claim before Easy Inflatables has had a reasonable opportunity to inspect it. Photographs and videos provided in support of a claim must be original, unedited and accompanied by metadata on request. Doctored, staged or misleading evidence may result in the claim being refused and, where applicable, referred to the relevant authority.
28.19 Threats, abuse and extortion conduct. Easy Inflatables reserves the right to decline further communication or supply to any customer who threatens staff, contractors, dealers, family members or premises; who engages in abusive, intimidating, racist, sexist or discriminatory conduct; who threatens to publish negative reviews, social-media posts or media content in exchange for a refund, free upgrade or other commercial benefit; or who engages in coordinated review-bombing. Such conduct is not a basis for refund, upgrade or compensation, and Easy Inflatables may pursue defamation, extortion or unconscionable-conduct remedies where appropriate.
28.20 Defamation and false statements. The Customer must not publish, post, broadcast or repeat statements that are false, misleading or defamatory about Easy Inflatables, its staff, suppliers or products. Where such statements are published, Easy Inflatables reserves all rights under the Defamation Act 2005 (NSW) and equivalent legislation, including concerns notices, take-down demands, and recovery of damages and costs.
28.21 Recording of communications. Inbound and outbound phone calls, video calls, voicemail and chat messages with Easy Inflatables may be recorded and retained for training, quality, dispute-resolution and legal purposes. By contacting us, the Customer consents to that recording. The Customer must not covertly record Easy Inflatables staff in breach of the Surveillance Devices Act 2007 (NSW) or equivalent legislation; covertly obtained recordings will not be accepted as evidence in support of a claim.
28.22 Refund payment method and anti-fraud. Approved refunds are paid back to the original payment method used for the Order. Easy Inflatables will not pay refunds to a different card, account, person or jurisdiction. Where the original method is no longer available (closed account, expired card with no replacement), refund is by EFT to a verified bank account in the name of the original Customer, on production of ID. Currency conversion losses on foreign-card refunds are not reimbursed.
28.23 No off-setting against unrelated claims. The Customer may not withhold any amount due under an Order against a real or alleged claim under a different Order, a different product, a different supplier, a finance contract or an insurance claim. All amounts under each Order are payable in full when due.
28.24 Third-party finance, BNPL and insurance. Finance approval, finance suitability, BNPL approval, insurance approval and insurance pricing are matters between the Customer and the relevant third-party provider. Decline or withdrawal of finance, BNPL or insurance after Order acceptance does not entitle the Customer to a refund of the Deposit or cancellation of the Order, and clauses 6, 13 and 14 apply.
28.25 Sale of business, deceased estate, divorce and bankruptcy. Where the Customer is a business that is sold or wound up, an individual who dies, separates or enters bankruptcy after Order acceptance, the Order and these Terms continue to bind the Customer's estate, trustee, executor, successor or assignee. Easy Inflatables will work in good faith with the appointed representative but is not required to refund the Deposit on these grounds.
28.26 International export and re-supply. Goods are sold for use in Australia unless an international supply has been agreed in writing. Export, re-supply or shipment overseas of the Goods voids the Easy Inflatables warranty (the manufacturer's separate warranty, where applicable, may still apply through that country's distributor). The Customer is responsible for export licensing, destination customs, duties and any DFAT or sanctions compliance.
28.27 Survival. Clauses dealing with payment, default, PPSA, warranty exclusions, liability, indemnity, intellectual property, privacy, governing law and this clause 28 survive expiry or termination of the Order.
This clause 28 does not exclude, restrict or modify any right or remedy that the Customer has under the ACL or any other applicable consumer protection law.