These Terms & Conditions ('Terms') govern the supply of goods, custom electrical schematics, technical advice, paid technical support services and any related products or services by TideLine Power ('Company', 'we', 'our', 'us') to any person or entity ('Customer', 'you', 'your') who accesses our website, places an order, or otherwise engages our products or services. By accessing our website, browsing our catalogue, placing an order, requesting a schematic, or engaging any paid or unpaid service offered by TideLine Power, you acknowledge that you have read, understood, and agree to be bound by these Terms, together with our Privacy Policy and any additional terms referenced herein. If you do not agree to these Terms, you must not use our website or purchase our products or services. These Terms constitute a legally binding agreement between you and TideLine Power. Nothing in these Terms is intended to, nor does it, exclude, restrict or modify any right or remedy conferred on a consumer under the Australian Consumer Law (ACL) contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth), or any other applicable law that cannot lawfully be excluded.

1. General

TideLine Power supplies electrical products, wiring accessories, connectors, custom schematics, technical support services, technical advice and related goods and services throughout Australia, whether purchased in person, by telephone, by email or through our website (the 'Site'). These Terms apply to every quote, order, invoice, product, schematic and service supplied by TideLine Power, whether supplied to consumers or businesses, unless we have agreed to different terms with you in writing and signed by an authorised representative of TideLine Power. In the event of any inconsistency between these Terms and any other document, these Terms prevail unless expressly stated otherwise in a signed written agreement. We may offer certain products or services through third-party platforms (such as online marketplaces). Where you purchase through such a platform, that platform's terms may also apply in addition to these Terms, to the extent they do not conflict.

2. Definitions and Interpretation

In these Terms, unless the context otherwise requires:

● 'ACL' means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

● 'Company', 'we', 'our' and 'us' means TideLine Power, its employees, contractors and agents.

● 'Customer', 'you' and 'your' means any person, business or entity that purchases, requests, or receives Products or Services from us, or who accesses or uses the Site.

● 'Products' means all hardware, electrical components, assemblies, wiring kits, connectors, accessories, custom schematics, drawings, manuals and any other goods supplied by us.

● 'Services' means technical advice, paid technical support, custom schematic preparation, consultation, and any other service we provide.

● 'Order' means a request to purchase Products or Services submitted via the Site, by email, by telephone or in person.

● 'Site' means the TideLine Power website and any associated mobile application, subdomain or online storefront.

● 'Major Failure' has the meaning given in the ACL.

● 'Consequential Loss' means any indirect, special or consequential loss or damage, including loss of profits, loss of revenue, loss of use, loss of data, loss of opportunity, or business interruption, whether or not such loss was foreseeable.

Headings are for convenience only and do not affect interpretation. Words importing the singular include the plural and vice versa. A reference to 'writing' includes email unless stated otherwise.

3. Product Information and Descriptions

We take reasonable care to ensure that specifications, descriptions, photographs, diagrams, weights, dimensions, performance ratings and other technical information published on the Site or in any catalogue, brochure or quote are accurate and provided in good faith. However, such information is provided for general guidance only and does not form part of a contractual description of the Products unless expressly stated in a written quote or order confirmation. Product specifications, colours, materials, packaging and designs may be changed by us or our suppliers at any time without notice, including to reflect manufacturing improvements, component availability or regulatory requirements. Images are for illustration purposes only and may not precisely depict the actual item supplied, including due to screen display variations, batch differences or packaging updates. Where a Product is described as compatible with a particular vehicle, vessel, application or system, that description is based on information reasonably available to us at the time and does not constitute a guarantee of fitness for your specific application. You are responsible for verifying compatibility prior to purchase and installation, as further described in clause 8 (Product Suitability). We reserve the right to correct any errors, inaccuracies or omissions in product information, pricing or availability, and to change or update information at any time without prior notice, including after an Order has been submitted (subject to clause 4).

4. Quotes, Orders and Acceptance

Any quote provided by us is valid for the period stated in the quote, or if no period is stated, for fourteen (14) days from the date of issue, and is subject to availability of stock and components at the time of Order. Submission of an Order by you (whether via the Site, by email, telephone or in person) constitutes an offer to purchase Products or Services on these Terms. No Order is accepted, and no contract is formed, until we issue an order confirmation, dispatch the Products, or commence the Services, whichever occurs first. We reserve the right, in our absolute discretion, to refuse, limit, delay or cancel any Order, in whole or in part, including (without limitation) where: ● a pricing, description or typographical error has occurred; ● the requested Product or component is out of stock, discontinued or unavailable; ● we suspect fraud, unauthorised use of a payment method, or a breach of these Terms; ● we identify a safety, compliance or regulatory concern with the intended use of the Product; ● fulfilling the Order is not reasonably practicable for operational or logistical reasons. Where we cancel or decline an Order after payment has been received, we will notify you as soon as reasonably practicable and provide a full refund of any amount paid in respect of the cancelled portion, unless otherwise agreed. You are responsible for ensuring that all details provided with your Order (including delivery address, contact details, vehicle or system specifications, and any information relevant to a custom schematic) are accurate and complete. We are not responsible for delays, errors or unsuitable Products arising from incorrect or incomplete information supplied by you.

5. Pricing, GST and Payment

All prices displayed on the Site or in a quote are in Australian Dollars (AUD) and, unless otherwise stated, are inclusive of Goods and Services Tax (GST) where applicable. Prices may change at any time without notice; however, the price applicable to your Order is the price displayed at the time your Order is accepted, save for the pricing-error exception in clause 4. Shipping, freight, insurance, card surcharges and any other fees will be disclosed prior to checkout or invoicing and are payable in addition to the listed price unless stated otherwise. Full payment is required prior to dispatch of Products or commencement of Services, unless we have agreed to alternative payment terms with you in writing (for example, a deposit and balance arrangement for custom schematic work, or approved trade account terms). Where deposits are taken for custom or made-to-order items, the deposit is generally non-refundable if you subsequently cancel the Order, except where required by the ACL. We accept payment via the methods indicated on the Site or in our invoice. You warrant that any payment information you provide is accurate and that you are authorised to use the relevant payment method. We may use a third-party payment gateway to process payments; such transactions are also subject to that provider's terms and privacy policy. If any invoice remains unpaid after its due date, we may, without limiting any other right, charge interest on the overdue amount at a commercially reasonable rate, suspend further supply of Products or Services to you, and recover any reasonable costs of collection, including debt collection agency fees and legal costs, to the extent permitted by law.

6. Shipping, Delivery and Risk

We aim to dispatch and deliver Products within the timeframes indicated on the Site or in your order confirmation; however, all delivery and dispatch timeframes are estimates only and are not guaranteed. We are not liable for any loss, cost or damage arising from delays caused by couriers and freight carriers, extreme weather, customs or border processes, industrial action, transport disruptions, incorrect delivery details supplied by you, or any other event reasonably beyond our control (see also clause 17, Force Majeure). Risk in the Products passes to you upon delivery to the address nominated in your Order, or upon collection if you have elected to collect the Products in person. Title in the Products does not pass to you until we have received payment in full for those Products and any other amounts owing to us. You are responsible for inspecting Products promptly upon delivery and notifying us within a reasonable time (and in any event within 48 hours for transit damage claims, or such longer period as required by the carrier's claims process) of any damage, shortage or discrepancy, to preserve your ability to make a claim against the carrier or under warranty. Where you have provided an incorrect or incomplete delivery address, or are not available to receive delivery, any re-delivery or return freight costs will be your responsibility.

7. Australian Consumer Law and Consumer Guarantees

Nothing in these Terms excludes, restricts or modifies any condition, warranty, guarantee, right or remedy implied or conferred by the ACL or any other applicable legislation, where to do so would contravene that legislation or cause any part of these Terms to be void. Where you acquire Products or Services as a 'consumer' within the meaning of the ACL, you are entitled to the consumer guarantees under the ACL, including that Products are of acceptable quality, fit for any disclosed purpose, and match their description, and that Services are provided with due care and skill and are reasonably fit for any disclosed purpose. These guarantees exist independently of, and in addition to, any warranty given by us or a manufacturer. Subject to the ACL, where you are entitled to a remedy for a failure to comply with a consumer guarantee, we may, at our discretion and where permitted by law, choose to remedy the failure by repair, replacement, or refund. Where a failure amounts to a Major Failure, you may be entitled to reject the Products and choose a refund or replacement, or to recover compensation for any other reasonably foreseeable loss or damage. For Products or Services that are not of a kind ordinarily acquired for personal, domestic or household use, our liability for a failure to comply with a consumer guarantee may, where permitted under section 64A of the ACL, be limited to (at our option) the repair or replacement of the Products, the supply of equivalent Products, the payment of the cost of repair or replacement, the re-supply of Services, or the payment of the cost of having the Services re-supplied.

8. Product Suitability and Customer Responsibilities

You are solely responsible for determining whether a Product is suitable for your intended application, system, vehicle, vessel or installation, including in relation to voltage, current rating, environmental exposure, mechanical loading and compliance with any applicable standard, code or regulation. Any suitability guidance we provide is general in nature and is based entirely on the information you provide to us; we do not warrant suitability for any purpose not expressly and specifically confirmed by us in writing. Where you rely on our advice regarding suitability, you must ensure that the information you provide (including measurements, load calculations, intended use, and existing system configuration) is accurate, complete and current. We accept no liability for any loss or damage arising from advice given on the basis of incomplete, inaccurate or outdated information supplied by you. If you are uncertain whether a Product is suitable for your application, you should seek the advice of a suitably licensed and qualified professional prior to purchase and installation.

9. Installation and Electrical Safety

Electrical work carries an inherent risk of injury, death, fire and property damage if not carried out correctly. Unless a Product is expressly marketed as a plug-and-play or user-installable item, Products should be installed, tested and commissioned by a suitably licensed and qualified electrician or tradesperson in accordance with all applicable Australian Standards (including but not limited to AS/NZS 3000 as amended), state and territory electrical safety legislation, and any manufacturer instructions. If you elect to install any Product yourself ('DIY installation'), you acknowledge and accept sole responsibility for correct cable sizing, circuit protection, earthing, isolation, testing, compliance with applicable wiring rules and standards, and overall safe installation practice. We do not supervise, inspect or certify DIY installations and accept no liability for injury, death, fire, property damage or Product failure arising from incorrect, non-compliant or unsafe installation. Some Products may be subject to licensing or certification requirements before they can be lawfully installed or connected in your state or territory (for example, work on fixed wiring or mains-connected systems). You are responsible for determining and complying with any such requirements, including engaging a licensed electrician where required by law. You must disconnect power and follow safe isolation procedures before undertaking any installation, inspection, or maintenance work. Nothing in these Terms should be relied upon as a substitute for professional electrical advice specific to your circumstances.

10. Technical Advice (General)

From time to time we may provide general technical advice free of charge by telephone, email, live chat or in writing. Such advice is provided on a reasonable-endeavours basis, using the information available to us at the time, and does not constitute a professional engineering assessment, certification, or a substitute for a physical inspection of your system or installation by a qualified person. General technical advice is provided for guidance only. You remain responsible for verifying any advice against manufacturer documentation, applicable standards and the specific conditions of your installation before acting on it. We accept no liability for outcomes arising from general advice given without the benefit of a physical inspection, save to the extent such liability cannot be excluded under the ACL.

11. Paid Technical Support Services

Paid technical support is a professional service charged on the basis of time, expertise and effort applied, whether or not a fault is ultimately identified, diagnosed or resolved. Engaging paid technical support does not guarantee that any particular fault can or will be identified, diagnosed or resolved, particularly where support is provided remotely without physical inspection of the system. Fees for paid technical support are payable in advance or as otherwise agreed, and are generally non-refundable once the work has commenced, reflecting the time and expertise already applied, except where a refund is required under the ACL (for example, where the Service was not provided with due care and skill). You must provide accurate, complete and timely information to enable effective diagnosis and support. We are not responsible for delays, misdiagnosis or unresolved faults arising from incomplete, inaccurate, or withheld information, or from limitations inherent in remote (non-physical) diagnosis. Where paid technical support recommends further physical inspection, replacement parts, or engagement of a licensed tradesperson, that recommendation forms part of the advice provided and should be followed before further reliance is placed on the system.

12. Custom Schematics and Design Services

Custom wiring diagrams, schematics and design documentation ('Schematics') are prepared based on the information, measurements, component lists and requirements you supply to us. The accuracy and completeness of any Schematic is directly dependent on the accuracy and completeness of the information you provide. You are responsible for independently reviewing and verifying every Schematic against your actual system, components and installation environment before relying on it for installation or wiring work. We recommend that any Schematic be checked by a licensed electrician prior to implementation, particularly where mains voltage, safety-critical circuits, or life-support/critical systems are involved. Unless otherwise agreed in writing, all Schematics, drawings, design files and associated documentation remain the intellectual property of TideLine Power and are licensed to you solely for use in connection with the specific installation for which they were prepared. Schematics may not be resold, sublicensed, redistributed, or used as the basis for commercial products without our prior written consent. Revisions to a Schematic requested after delivery may be subject to an additional fee, unless the revision is required to correct an error attributable to us.

13. Warranty

Products may be supplied with a manufacturer's warranty, the terms of which will be provided with the Product or made available on request. Any warranty offered by TideLine Power in addition to your rights under the ACL is provided on the terms set out in the applicable warranty documentation, and is in addition to, and does not limit or exclude, your rights under the ACL. Warranty cover does not extend to defects, faults or damage caused by or resulting from: misuse, abuse, or use other than as intended; unauthorised modification or repair; incorrect or non-compliant installation; overloading or exceeding rated specifications; corrosion, moisture ingress, or exposure to conditions beyond the Product's rating; accidental damage; neglect or failure to maintain the Product; or normal wear and tear. To make a warranty claim, you should contact us with proof of purchase, a description of the fault, and (where reasonably requested) photographs or the Product itself for inspection. We may require the Product to be returned to us, or to the manufacturer, for assessment before a warranty remedy is provided. Reasonable costs of returning a Product found not to be faulty, or found to be subject to an exclusion under this clause, may be charged to you. 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.

14. Returns, Change of Mind and Cancellations

Where required by the ACL, you are entitled to a repair, replacement or refund if a Product is faulty, not fit for purpose, or does not match its description. This clause does not limit those rights. For change-of-mind returns (where a Product is not faulty), we may, at our discretion, accept a return within a reasonable period (for example, 30 days) from the date of purchase, provided the Product is unused, in its original packaging and condition, accompanied by proof of purchase, and is not a custom, made-to-order, electrical or safety-critical item that cannot reasonably be resold. Change-of-mind returns may be subject to a restocking fee and the cost of return shipping is generally borne by you, unless we advise otherwise. Custom Schematics, made-to-order wiring assemblies, and Services that have already commenced are generally not eligible for change-of-mind cancellation or refund once work has begun, reflecting the bespoke nature of that work, except to the extent required by the ACL. We reserve the right to decline a change-of-mind return that does not meet the conditions in this clause.

15. Limitation of Liability and Indemnity

To the maximum extent permitted by law, and subject to your non-excludable rights under the ACL, TideLine Power excludes all liability (whether in contract, tort, including negligence, statute or otherwise) for any Consequential Loss arising out of or in connection with the Products, Services, these Terms, or your use of the Site, including (without limitation) loss of profits, loss of revenue, loss of business opportunity, loss of data, cost of towing, accommodation or travel expenses, or downtime, even if we have been advised of the possibility of such loss. To the extent permitted by law, and subject to section 64A of the ACL where applicable, our total aggregate liability to you arising out of or in connection with these Terms, however arising, is limited to the amount actually paid by you for the specific Product or Service giving rise to the liability. You agree to indemnify and hold harmless TideLine Power, its officers, employees, contractors and agents from and against any claim, loss, liability, cost or expense (including reasonable legal costs) arising from: your breach of these Terms; your negligent or unlawful act or omission; your failure to obtain appropriate licensing, certification or professional installation where required; or your use or misuse of any Product, Service or Schematic, except to the extent such claim, loss, liability, cost or expense arises from our negligence or breach of these Terms. Nothing in this clause is intended to limit or exclude any liability that cannot be limited or excluded by law, including liability for death or personal injury caused by our negligence, or liability under the consumer guarantees in the ACL.

16. Force Majeure

We will not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances reasonably beyond our control, including but not limited to natural disaster, extreme weather, fire, flood, pandemic or public health emergency, war, civil unrest, industrial action, supplier or component shortages, transport or courier disruption, power or telecommunications failure, or changes in law or government directive. Where a force majeure event continues for an extended period, either party may cancel the affected Order by written notice, in which case any amount paid for undelivered Products or unperformed Services will be refunded, less any reasonable costs already incurred on your behalf.

17. Intellectual Property

All logos, trademarks, branding, photographs, product descriptions, drawings, manuals, Schematics, website content, software and other materials made available by us (collectively, 'Materials') are owned by, or licensed to, TideLine Power, and are protected by copyright, trademark and other intellectual property laws. Except as expressly permitted by these Terms or with our prior written consent, you must not reproduce, distribute, modify, publicly display, create derivative works from, or otherwise exploit any Materials for any commercial or public purpose. Purchase of a Product or Schematic does not transfer any intellectual property rights in that Product or Schematic to you, beyond a licence to use it for its intended personal or operational purpose, unless expressly agreed otherwise in writing. If you submit any content, feedback, photographs, reviews or suggestions to us (including via the Site or social media), you grant us a non-exclusive, royalty-free, worldwide, perpetual licence to use, reproduce, adapt and publish that content for marketing, product development and business purposes, unless you notify us otherwise in writing at the time of submission.

18. Confidentiality

Where you provide us with confidential technical information, system diagrams, or proprietary configuration details for the purpose of preparing a Schematic or providing technical support, we will use reasonable endeavours to keep that information confidential and will only use it for the purpose for which it was provided, except where disclosure is required by law or necessary to provide the Products or Services (for example, to a component manufacturer for warranty purposes).

19. Privacy

We collect, use, hold and disclose personal information in accordance with our Privacy Policy, available on the Site, and in compliance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. By using the Site or providing personal information to us, you consent to the collection and use of that information as described in our Privacy Policy. We do not sell your personal information to third parties. We may share personal information with trusted service providers (such as payment processors and delivery couriers) solely for the purpose of fulfilling your Order or providing Services, and as otherwise described in our Privacy Policy.

20. Website Use and Online Conduct

You must not use the Site for any unlawful purpose, to transmit malicious code, to attempt unauthorised access to our systems, to scrape or harvest data without permission, or to engage in conduct that is fraudulent, misleading, or that infringes the rights of any third party. We may suspend or terminate your access to the Site or any account at any time, without notice, if we reasonably believe you have breached these Terms or engaged in conduct that may harm TideLine Power, other users, or third parties. We aim to keep the Site available and functioning correctly but do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components. We are not liable for any loss or damage arising from your use of, or inability to use, the Site, except to the extent such liability cannot be excluded under the ACL.

21. Third-Party Links and Services

The Site may contain links to third-party websites, payment gateways, social media platforms or services that are not owned or controlled by TideLine Power. We do not endorse and are not responsible for the content, accuracy, policies or practices of any third-party website or service. Your use of any third-party website or service is at your own risk and subject to that third party's terms and privacy policy.

22. Complaints and Dispute Resolution

If you have a complaint or dispute regarding a Product, Service, or these Terms, please contact us first using the details in clause 29 (Contact Us) so that we can attempt to resolve the matter promptly and informally. If a dispute cannot be resolved informally within a reasonable time, either party may refer the matter to mediation before a mediator agreed between the parties (or, failing agreement, appointed by the Queensland Law Society or an equivalent body) prior to commencing formal legal proceedings, except where a party seeks urgent injunctive or interlocutory relief, or where the dispute concerns a right that cannot be delayed under the ACL.

23. Severability

If any provision of these Terms is held by a court or tribunal of competent jurisdiction to be invalid, illegal or unenforceable, that provision will be read down to the minimum extent necessary to make it valid, legal and enforceable, or if it cannot be so read down, it will be severed from these Terms, without affecting the validity or enforceability of the remaining provisions.

24. Waiver

A failure or delay by us in exercising any right, power or remedy under these Terms does not operate as a waiver of that right, power or remedy. A waiver of any breach of these Terms is not a waiver of any subsequent breach, and is only effective if given in writing by an authorised representative of TideLine Power.

25. Assignment

You may not assign, transfer, or subcontract any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms, including in connection with a sale, merger, restructure or transfer of all or part of our business, without your consent, provided that your rights under the ACL are not diminished.

26. Notices

Any notice given under these Terms must be in writing and may be delivered by email to the address you provided at the time of your Order, or to our contact details published on the Site. Notices are deemed received on the day of sending, provided no delivery failure notification is received, or on the next business day if sent outside business hours.

27. Entire Agreement

These Terms, together with any order confirmation, written quote, and our Privacy Policy, constitute the entire agreement between you and TideLine Power in relation to the Products and Services, and supersede any prior representations, discussions, negotiations or agreements, whether oral or written, except to the extent expressly incorporated by reference or agreed in writing between the parties.

28. Governing Law and Jurisdiction

These Terms are governed by, and construed in accordance with, the laws of Queensland, Australia. You and TideLine Power irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland and the Commonwealth of Australia in respect of any dispute arising out of or in connection with these Terms.

29. Amendments to These Terms

We may amend, update or replace these Terms from time to time, in our discretion, including to reflect changes in our business practices, technology, legal or regulatory requirements. The updated Terms will be published on the Site with a revised Effective Date. Updated Terms apply to Orders placed after the date of publication; they do not retrospectively affect Orders placed prior to that date, unless required by law. We encourage you to review these Terms periodically. Your continued use of the Site or engagement of our Products and Services after any amendment constitutes your acceptance of the amended Terms.

30. Contact Us

If you have any questions about these Terms, a Product, a Service, or wish to make a complaint or warranty claim, please contact TideLine Power using the details published on our Site, or via:

● Email: info@tidelinepower.com.au

● ABN: 72 699 892 496