Online Deposit Terms and Condition
1. Brisbane Marine Pty Ltd ABN 73 164 274 131 (Brisbane Marine, us or we) offers the ability to place a deposit on selected Mercury Marine engines through www.brismarine.com.au website (the Website) by placing a 20% deposit on selected vehicles (the Service).
2. Your use of the Service is governed by these Terms and Conditions, and by using the Service, you agree to these Terms and Conditions.
3. To be eligible to use the Service you must be aged over 18 years and be an Australian resident residing in Australia.
Order Process
1. On the Website, you can:
a. Configure your Mercury by selecting a model variant, options and extras (Selected Engine);
b. Provide your contact details and pay us a deposit of 20% for the Selected Engine using your credit card (the Deposit Fee). A third-party gateway provider will be used to process your payment. We will not store your credit card details.
2. Only selected engines labelled “Buy Now” can be ordered online (varies with stock availability).
3. Once the Deposit Fee has been processed, please retain the order confirmation as proof of the Deposit Fee.
4. Once your order is received, Brisbane Marine will contact you to discuss your Selected Engine.
5. Engine delivery times vary based on complexity and demand of the Selected Engine. Delivery times can vary from 1 week and up to 6 months in rare circumstances.
6. If you would like to transfer the Deposit Fee to another engine in the Mercury range, this will be permitted in consultation with Brisbane Marine.
7. The payment of the Deposit Fee does not secure ownership of the Selected Engine. To buy the Selected Engine, you will need to agree to a purchase price for the Selected Engine with Brisbane Marine and sign a contract of sale with Brisbane Marine to that effect (Dealer Contract of Sale).
Refund of the Deposit Fee
1. You may seek a refund of the Deposit Fee from us at any time prior to signing the Dealer Contract of Sale. After receiving this request, we will refund the deposit in full to the credit card you used on the Website.
2. If you request a refund of the Deposit Fee, your deposit for the Selected Engine will be cancelled, and Brisbane Marine will be able to sell the Selected Engine to someone else. If you request a refund, and later change your mind and wish to place a deposit on another Mercury engine, you will only be able to do so if there is remaining stock.
3. Within five (5) days of being notified by Brisbane Marine that the Selected Engine is available for purchase, you will be required to complete a contract of sale in your name for the Selected Engine. For the avoidance of any doubt, you cannot nominate another person or entity as the purchaser under the contract of sale.
4.Brisbane Marine will be entitled to terminate this Online Engine Deposit Agreement for the Selected Engine if you fail to sign the contract of sale in your name within the timeframe mentioned.
5. You can terminate this Online Engine Deposit Agreement for the Selected Engine at any time by sending Brisbane Marine written notice requesting that it be cancelled.
6. All refund requests will be approved, unless the Dealer Contract of Sale has already been signed.
7. Where the deposit for the Selected Engine is terminated by you or us, we will send you written notice and refund the Deposit Fee by transferring it to your credit card of bank account.
8. You acknolwedge:
a. that final Selected Engine production and availability numbers are presently unknown;
b. that you have not relied on any representation or warranty as to:
i. the Selected Engine’s expected price, features, specifications and possible availability dates;
ii. the trade-in price and/or value of any engine(s) you may own that you may wish to trade-in for the Selected Engine.
Privacy
1. We collect the personal information you provide on the Website in order to provide the Service, and may, for this purpose, and for the purpose of processing your deposit for a Selected Engine, disclose such information to third parties, including but not limited to agents, contractors, and service providers.
2. Where you have consented on the Website to receiving direct marketing communications from us, we may use the information you have provided to send you marketing communications.
3. For full details of how we may use and disclose your personal information, see our Privacy Policy here.
Other
1. By using the Service, you represent and warrant that all information you provide on the Website is true and accurate. If at any time we discover that any of the information you have provided is not true or not accurate, we reserve our right to cancel your deposit for the Selected Engine.
2. Any cost associated with accessing the Website are your responsibility and is dependent on the Internet service provider used.
3. To the full extent permitted by law, we exclude all liability for any loss (including any damage, claim, injury, cost or expense, including loss of opportunity) which you may suffer or incur in connection with the Service, including but not limited to any technical difficulties or access issues with the Website (whether or not under our control).
3. We reserve the right to cancel the Service for any reason and at any time.
4. These Terms and Conditions are governed by the laws of Queensland and the parties submit to the non-exclusive jurisdiction of those courts.