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FREQUENTLY ASKED QUESTIONS
Everything you need to know before and after your purchase.
Viewing by appointment at Brisbane or on Fraser Coast
LIMITED WARRANTY
Supplier: Sundown Family Trust T/A Sundown Pontoon Boats (“Sundown Pontoon Boats”)
01.
LIMITED WARRANTY OVERVIEW
Sundown warrants to the original purchaser that Marine Products (parts, components, and accessories supplied or fitted by Sundown) will be free from defects in material or workmanship for the Warranty Period, subject to the limitations below.
02.
WARRANTY PERIOD & TRANSFER
2.1 Period: 24 months from the date of delivery to the original purchaser.
2.2 Use: This warranty applies only to recreational use. Commercial use is strictly excluded.
2.3 Transfer: The remaining warranty may be transferred to a second purchaser only if Sundown is notified in writing at the time of sale. Sundown may require a mandatory inspection at an authorized service center (at the original purchaser's expense) before approving the transfer.
03.
VALIDATION & CLAIMS PROCEDURE
3.1 Registration: To validate this warranty, the Customer must complete the Warranty Registration via the Sundown website or provided card.
3.2 Notification: The Customer must notify Sundown within 7 days of discovering a defect.
3.3 Transportation: The Customer is responsible for all costs associated with transporting the boat or parts to and from Sundown’s designated service facility. On-site inspections are at Sundown’s sole discretion and will incur call-out fees.
04.
REPAIR & LABOR
If a claim is accepted, Sundown will (at its discretion) repair or replace the defective part. This includes reasonable labor for removal and reinstallation.
Note: The Customer acknowledges that repairs may take significant time to secure parts. Sundown is not liable for any losses (financial or recreational) resulting from the boat being unavailable for use during the repair period.
05.
PURCHASER’S RESPONSIBILITIES
5.1 The warranty is conditional upon the Customer:
5.1.1 Performing all regular maintenance per the manufacturer's instructions/Manual.
5.1.2 Maintaining detailed service records and proof of purchase.
5.1.3 Providing Sundown reasonable access to the product to perform repairs.
5.1.4 Complying with all operation requirements. Failure to service the product may void this warranty.
06.
SPECIFIC EXCLUSIONS
6.1 This warranty does not cover:
6.1.1 Ordinary wear and tear or consumable parts.
6.1.2 Damage caused by negligence, misuse, accidents, or improper storage.
6.1.3 Water intrusion, submersion, or unreasonable environmental exposure.
6.1.4 Modifications, alterations, or use of non-genuine/non-approved parts.
6.1.5 Racing or speed/endurance contests.
6.1.6 Work performed by unauthorized facilities.
6.1.7 Any claim that Sundown determines should be made against the original manufacturer.
07.
LIMITATION OF LIABILITY
7.1 THIS WARRANTY IS PROVIDED IN LIEU OF ALL OTHER WARRANTIES. To the extent permitted by law:
7.1.1 Sundown disclaims any implied warranties of fitness for a particular purpose.
7.1.2 Consequential Loss: Sundown is not liable for incidental or consequential damages, including loss of profit, towing, storage, insurance, loan payments, or travel expenses.
7.1.3 Performance reduction due to age or hours of operation is not a defect.
08.
GENERAL TERMS
8.1 Dispute Resolution: Parties must attempt to resolve disputes via negotiation or mediation before pursuing litigation.
8.2 Governing Law: These terms are governed by the laws of the state where Sundown’s registered office is situated.
8.3 Entire Agreement: This document supersedes all prior agreements or oral communications regarding warranties.
TERMS OF TRADE
SUNDOWN PONTOON BOATS
01.
DEFINITIONS & INTERPRETATION
1.1 Supplier: Sundown Family Trust trading as Sundown Pontoon Boats.
1.2 Customer: The person or entity purchasing pontoon boats or services.
1.3 Goods: Pontoon boats, parts, and accessories supplied by the Supplier.
1.4 Additional Charge: Fees for freight, on-road costs, modifications, or storage fees for boats not collected within 2 weeks of notification.
1.5 Business Day: A day other than a Saturday, Sunday, or public holiday in the state of supply.
02.
QUOTES AND ORDERS
2.1 Quotes are valid for 14 days.
2.2 An Order is accepted only when the Customer provides written acceptance.
2.3 Orders cannot be cancelled without the supplier’s written consent. If cancelled, the customer must indemnify the supplier for all losses, including loss of profit.
03.
PRICING AND PAYMENT
3.1 Deposit: A 50% deposit is required before work commences or goods are secured, unless otherwise agreed.
3.2 Full Payment: The balance must be paid in cleared funds prior to delivery or collection of the Goods.
3.3 Interest: Late payments accrue interest at 10% per annum, calculated daily.
3.4 Recovery Costs: The Customer is liable for all legal and debt collection costs incurred by the Supplier in recovering overdue funds.
04.
TITLE AND RISK
4.1 Risk: Passes to the Customer immediately upon delivery or collection.
4.2 Title: Ownership of the Goods remains with the Supplier until all invoices (including Additional Charges) are paid in full.
4.3 PPSA: The Customer acknowledges that these terms create a security interest under the Personal Property Securities Act 2009 (Cth). The Supplier may register a charge over the Customer's property to secure payment.
4.4 Access: If payment is overdue by 14 days, the Customer grants the Supplier an irrevocable licence to enter any premises to repossess the Goods.
05.
ACCEPTANCE OF GOODS
5.1 The Customer must inspect the Goods upon delivery.
5.2 Any faults or discrepancies must be reported in writing within 48 hours. Failure to do so constitutes deemed acceptance of the Goods.
06.
VARIATIONS AND DELAYS
6.1 Any request to vary an Order must be in writing and may result in Additional Charges.
6.2 The Supplier is not liable for delays caused by the Customer (e.g., late instructions) or circumstances beyond the Supplier’s control (Force Majeure), including shipping delays, material shortages, or government orders.
07.
INTELLECTUAL PROPERTY
7.1 All designs, specifications, and intellectual property created by the Supplier remain the property of the Supplier.
7.2 The Customer is granted a non-exclusive licence to use such works only for the purpose for which they were intended.
08.
LIMITATION OF LIABILITY
8.1 To the extent permitted by the Australian Consumer Law, the Supplier’s liability is limited to the repair or replacement of Goods or the re-supply of Services.
8.2 The Supplier is not liable for any consequential loss, loss of profit, or damage arising from the use of the Goods.
8.3 Advice provided by the Supplier is given in good faith; the Customer relies on such advice at their own risk.
09.
DEFAULT
9.1 If the Customer breaches these terms, becomes bankrupt, or enters liquidation, the Supplier may:
9.1.1. Terminate the agreement.
9.1.2. Retain any deposits paid.
9.1.3. Refuse further delivery and repossess Goods not yet paid for.
8.1.4. Declare all outstanding invoices immediately due and payable.
10.
DISPUTE RESOLUTION
10.1 Parties must attempt to resolve disputes via senior management negotiation within 5 Business Days.
10.2 If unresolved, parties agree to mediation administered by the Dispute Centre before commencing litigation.
11.
GENERAL PROVISIONS
11.1 Governing Law: These terms are governed by the laws of the state where the Supplier’s registered office is located.
11.2 Severability: If any part of these terms is found to be unenforceable, the remainder remains in effect.
11.3 Entire Agreement: This document, along with the Quote, constitutes the entire agreement and supersedes all prior negotiations.