Keogh's Marine want you to be totally satisfied with our products and services, and so our Returns/Replacement Policy is designed to assist you with your return. We would like to remind you that the benefits given by our Returns Policy are in addition to other rights and remedies you may have as a consumer under the Australian Consumer Law.
We offer you a replacement, credit or refund where products have a major failure, such as:
- When they are faulty
- Wrongly described
- Different from a sample shown to you; or
- Do not do what they are supposed to do
Please note some products that carry a manufacturer’s warranty may need to be assessed by the manufacturer. All warranty/damage issues must be brought to our notice in writing within 7 days of receipt of goods (email is fine).
Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
- The Client must inspect the Goods on delivery and must within seven (7) days of delivery notify the Distributor in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Client must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow the Distributor to inspect the Goods.
- Inspect your delivery on arrival. Transit damage evident on the outer packaging should be noted on the delivery docket at the time of delivery. If you are not happy with the integrity of the delivery, you should refuse to accept or sign for delivery.
- Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
- The seller acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
- Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, the seller makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. The seller’s liability in respect of these warranties is limited to the fullest extent permitted by law.
- If the Customer is a consumer within the meaning of the CCA, the seller’s liability is limited to the extent permitted by section 64A of Schedule 2.
- If the seller is required to replace the Goods under this clause or the CCA, but is unable to do so, the seller may refund any money the Customer has paid for the Goods.
- If the Customer is not a consumer within the meaning of the CCA, the Seller’s liability for any defect or damage in the Goods is:
- limited to the value of any express warranty or warranty card provided to the Customer by the Seller at the Seller’s sole discretion;
- limited to any warranty to which the Seller is entitled, if the Seller did not manufacture the Goods;
- otherwise negated absolutely.
- Subject to this clause 9, returns will only be accepted provided that:
- the Customer has complied with the provisions of clause 1; and
- the Seller has agreed that the Goods are defective; and
- the Goods are returned within twenty one (21) days of their invoice date at the Customer’s cost (if that cost is not significant); and
- the Goods are returned in as close a condition to that in which they were delivered as is possible; and
- the Goods were not made specifically to the Customer’s specifications.
- No credit will be issued for freight charged on the original delivery.
- Notwithstanding clauses 1 to 8 but subject to the CCA, the Seller shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
- the Customer failing to properly maintain or store any Goods;
- the Customer using the Goods for any purpose other than that for which they were designed;
- the Customer continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
- the Customer failing to follow any instructions or guidelines provided by the Seller;
- fair wear and tear, any accident, or act of God.
- The Seller may in its absolute discretion accept non-defective Goods for return in which case the Seller may require the Customer to pay handling fees, re-stocking fees plus any freight costs.
- Notwithstanding anything contained in this clause if the Seller is required by a law to accept a return then the Seller will only accept a return on the conditions imposed by that law.
Where to return a product:
Unless otherwise instructed, please return goods to:
Keogh's Marine & RV
Unit 8 / 227A
Biggera Waters QLD 4216
NB: There maybe times when expediency and expense dictate that goods should be returned directly to the manufacturer. Please talk to our staff regarding the appropriate procedure for your return.
What information is needed to complete your return?
- Your receipt or other proof of purchase (bank statement).
- Try to return the product in the same condition as it was purchased (including manuals, accessories and packaging).
- Advise of any damage or problem within 14 days of receipt of your goods.
- Provide us with any extra information we may need to process your return.
Please provide a copy of your receipt:
- For an exchange, credit, refund or repair we ask for your name, telephone number and signature in addition to your receipt.
- All purchases made on a debit/credit card will be credited back to the original card used, so please have your card with you.
Consumer guarantees under the Australian Consumer Law are not limited by a defined time period and can vary from product to product depending on factors such as the nature of goods, price and statements made on packaging and product labels. Our staff can assist you with further information about the warranty period for the product you return.
Any expenses relating to the return of your product to store will normally have to be paid by you.
Assessment of your product:
We may need to conduct an assessment of your product to determine whether a repair, replacement or refund is appropriate. Certain technical products may need to be sent to the manufacturer or their repair agent for assessment.
Liaise with the manufacturer:
For some product assessments you may have the option to liaise directly with the manufacturer, or their repair agent. Our staff can provide you with the relevant manufacturer contact details.
Products assessed as having a minor fault will be repaired by the manufacturer and returned to you within a reasonable time. We offer a credit, refund or replacement if the product is assessed as having a major failure.
Special procedures for certain products:
The repair of your goods may result in the loss of user-generated data. Please ensure that you have made a copy of any data saved on your goods. Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.
If you have changed your mind:
In addition to claims for faulty or defective products, we may consider a refund where you have simply changed your mind or selected incorrectly. If a refund is agreed to by Keoghs Marine & RV management, you will be required to return the product to us in re-salable condition, in its original packaging and with clear proof of purchase.
Any credit payable to customers will be processed when original supplier transactions have been reversed and all charges are known.
Re-stocking fees may apply. All freight charges are payable by the customer.
In some cases a refund, replacement, or repair may not be offered if you:
- Substantially modify the product;
- Misuse the product contrary to user instructions or packaging labels; or
- Simply change your mind.
- You have not advised us of a problem or damage within the 14 day notice period.
Certain products are excluded under our Returns Policy unless they are faulty, these include tailor made customer orders.
Your rights under the Australian Consumer Law:
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.
If you feel that your rights under consumer law or our Returns Policy have not been met, please forward your concerns in writing to:
Unit 8 / 227A
Biggera Waters QLD 4216
We do not supply goods on approval and goods cannot be returned without our prior approval. Our goods are supplied with Australian Guarrantees. You are entitled to a replacement or refund for a "major failure". What constitutes a "major failure" will be determined under the terms of the manufacturers warranty and they can choose to repair or replace. Pack all items carefully including all original accessories and/or warranty card with your proof of purchase into a secure satchel/carton. Be sure your package is insured for freight and any other costs are prepaid. We don't accept responsibility for non returned parcels, so make sure you use a track and trace freight method. Please note that items which have been cut to length or come with an expiry date may not be returned for credit.