Special Terms for Australia
1.
APPLICATION
1.1
This Annex B applies exclusively to Preorder Holders who are residents of Australia ("Australian Consumer").
1.2
This Annex is incorporated into and forms part of the Evotrex Trailer Preorder Agreement ("Agreement").
1.3
In the event of any inconsistency or conflict between the provisions of the main body of the Agreement and this Annex B, the provisions of this Annex B shall prevail and control to the extent required by Australian law.
2.
AUSTRALIAN CONSUMER LAW AND STATUTORY GUARANTEES
2.1
No Exclusion. Nothing in this Agreement (including, without limitation, the exclusions of implied warranties in Section 10 Indemnification and Section 11 Limitation of Liability) excludes, restricts, or modifies any guarantee, right, or remedy that cannot be excluded, restricted, or modified under the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) ("ACL").
2.2
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.
2.3
Reasonable Care. To the extent that the services provided by Evotrex (including the Preorder process) are subject to the ACL, they come with a guarantee that they will be rendered with due care and skill.
3.
LIMITATION OF LIABILITY (OVERRIDE)
3.1
Statutory Limits. The limitations of liability set forth in Section 12 Limitation of Liability of the Agreement apply to the maximum extent permitted by the Competition and Consumer Act 2010(Cth).
3.2
Modification. Where applicable law prohibits the limitation of liability for certain types of loss, the liability of Evotrex is limited to the resupply of the services or the cost of having the services supplied again, or the repair or replacement of goods, as permitted by section 64A of the ACL.
4.
PRIVACY AND DATA PROTECTION
4.1
Privacy Act. The collection, use, and disclosure of personal information of Australian residents are subject to the Privacy Act 1988 (Cth) and the Australian Privacy Principles ("APPs").
4.2
Cross-Border Disclosure. You acknowledge and agree that your personal information will be transferred to, stored, and processed by Evotrex in the United States. By proceeding with this Preorder, you consent to this cross-border transfer. You acknowledge that while Evotrex takes reasonable steps to protect your data, the United States may have different data protection laws than Australia, and Evotrex will not be accountable under the Privacy Act 1988 (Cth) for any mishandling of the information by US-based recipients in circumstances where the APPs would otherwise apply, except to the extent required by law.
4.3
Privacy Officer. If you have questions regarding the handling of your personal information or wish to exercise your rights under Australian privacy laws, you may contact our Privacy Officer at privacy@evotrex.com.
5.
DISPUTE RESOLUTION AND CLASS ACTIONS
To the extent the choice of venue in the Agreement is unenforceable under Australian law, disputes may be resolved in a competent court in Australia.
6.
GOODS AND SERVICES TAX (GST)
Unless otherwise stated, the Estimated Price and Preorder Deposit do not include Australian Goods and Services Tax ("GST"). GST and other applicable taxes will be calculated and added to the Purchase Agreement at the time of purchase.
