Website Terms & Conditions

Shellby Power (shellbypower.com)
Effective Date: 03/06/2026

1. INTRODUCTION

These Website Terms and Conditions (“Terms”) govern your access to and use of the website located at shellbypower.com (“Website”), operated by Shellby Power (“we”, “us”, “our”).

By accessing, browsing, submitting an enquiry, or otherwise using the Website, you agree to be bound by these Terms.

If you do not agree to these Terms, you must immediately cease using the Website.

2. DEFINITIONS

In these Terms:

  • ACL means the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

  • Business Day means a day that is not a Saturday, Sunday or public holiday in Queensland, Australia.

  • Customer / You / Your means any person or entity accessing or using the Website.

  • Enquiry means any request for information, quotation, pricing, specification, or availability submitted via the Website.

  • Goods means industrial generators, generator systems, rental units, accessories, and related equipment supplied by Shellby Power.

  • Quote means a written quotation issued by us in response to an Enquiry.

  • Sales Terms means any separate written commercial supply agreement, credit application, quotation terms, or standard sales terms governing the supply of Goods.

  • Website Content means all text, images, specifications, data, technical information, drawings, and materials on the Website.

  • Third-Party Marks means any trademarks, logos, brand names, trade dress, or identifying material belonging to third parties.

3. ACCEPTANCE OF TERMS

3.1 Your access to or use of the Website constitutes your agreement to these Terms.

3.2 By submitting an Enquiry, you acknowledge and agree that:

  • no binding contract for the supply of Goods is formed via the Website; and

  • any supply of Goods is subject to a separate Quote and Sales Terms.

3.3 If you are using the Website on behalf of a company or organisation, you warrant that you have authority to bind that entity.

4. WEBSITE USE ONLY – NO CONTRACT FORMATION

4.1 The Website is provided for general informational and lead generation purposes only.

4.2 Nothing on the Website constitutes:

  • an offer capable of acceptance; or

  • a binding agreement for the supply of Goods.

4.3 A binding contract for supply of Goods is only formed when:

  • we issue a Quote; and

  • the Customer accepts the Quote in writing; and

  • we confirm acceptance in accordance with our Sales Terms.

4.4 We reserve the right to accept or reject any Enquiry or Quote request at our absolute discretion.

5. QUOTATION AND PRICING DISCLAIMER

5.1 All pricing is quote-based only. No prices are displayed on the Website.

5.2 Any figures, estimates, cost ranges, or indicative pricing (if provided) are:

  • for general guidance only;

  • non-binding; and

  • subject to change without notice.

5.3 Final pricing is determined exclusively in a written Quote issued by us.

6. ACCURACY OF INFORMATION

6.1 We take reasonable care to ensure Website Content is accurate; however, we do not guarantee that it is complete, current, or error-free.

6.2 Technical specifications, performance data, dimensions, availability, and configurations of Goods may change without notice.

6.3 You acknowledge that industrial generator systems may require customisation and final specifications will be confirmed only in a Quote or Sales Terms.

7. ACCEPTABLE USE

You must not use the Website:

7.1 for any unlawful purpose or in breach of any applicable law or regulation;

7.2 to interfere with or disrupt the Website or servers;

7.3 to attempt unauthorised access to any systems or data;

7.4 to submit false, misleading, or fraudulent Enquiries;

7.5 to reproduce, copy, or commercially exploit Website Content without our prior written consent;

7.6 in any manner that may damage our reputation or goodwill.

8. INTELLECTUAL PROPERTY

8.1 All intellectual property rights in the Website Content are owned or licensed by Shellby Power.

8.2 You must not reproduce, adapt, distribute, or commercially exploit any Website Content without our prior written consent.

8.3 All trademarks, branding, logos, and trade names remain the property of Shellby Power or their respective owners.

8A. THIRD-PARTY TRADEMARKS, LOGOS AND REFERENCES

8A.1 The Website may display Third-Party Marks, including those of manufacturers, suppliers, distributors, customers, or project stakeholders.

8A.2 All Third-Party Marks remain the property of their respective owners.

8A.3 The inclusion of Third-Party Marks is for identification, descriptive, informational, or historical reference purposes only, including (without limitation) to indicate:

  • compatibility with equipment;

  • supply relationships;

  • product sourcing; or

  • prior project involvement, including “Chosen By” or similar references where applicable.

8A.4 Unless expressly stated otherwise, the display of Third-Party Marks does not imply:

  • endorsement or sponsorship;

  • affiliation or joint venture; or

  • authorisation or approval by the relevant third party.

8A.5 Any “Chosen By”, “Suppliers”, or similar references are provided in good faith and do not constitute a representation of ongoing or exclusive commercial relationships unless expressly stated in writing.

8A.6 If you are a rights holder and believe any Third-Party Mark has been used improperly, you may contact us and we will review and, where appropriate, amend or remove such material within a reasonable time.

9. ENQUIRIES AND COMMUNICATIONS

9.1 By submitting an Enquiry, you consent to us contacting you via email, telephone, SMS, or other electronic communication.

9.2 You acknowledge that:

  • submission of an Enquiry does not guarantee supply of Goods;

  • we may request further information before issuing a Quote; and

  • we may decline to provide a Quote at our discretion.

10. WEBSITE CONTENT IS NON-BINDING

10.1 All Website Content is provided for general informational purposes only.

10.2 Images, specifications, drawings, case studies, and descriptions are indicative and may not represent final supplied Goods.

10.3 Final specifications are confirmed only in a Quote or Sales Terms.

11. DELIVERY, INSTALLATION AND TECHNICAL RESPONSIBILITY

11.1 Delivery, installation, commissioning, and technical obligations are governed exclusively by the applicable Sales Terms.

11.2 Any references on the Website to logistics, installation, or deployment are general in nature only.

11.3 Unless otherwise agreed in writing, Customers are responsible for:

  • site readiness;

  • electrical compliance and certification;

  • permits and regulatory approvals; and

  • safe operation and commissioning of equipment.

12. WARRANTY AND STATUTORY RIGHTS

12.1 Warranty, returns, refunds, and product performance obligations are governed exclusively by the applicable Sales Terms.

12.2 Nothing in these Terms excludes, restricts, or modifies any rights under the ACL that cannot lawfully be excluded.

13. LIMITATION OF LIABILITY

13.1 To the maximum extent permitted by law, including the ACL, we exclude all liability arising from or in connection with your use of the Website.

13.2 Where liability cannot be excluded under the ACL, our liability is limited (at our option) to:

  • resupply of access to the Website; or

  • correction of Website Content.

13.3 We are not liable for any:

  • indirect or consequential loss;

  • loss of profit, revenue, or business opportunity;

  • reliance on Website Content; or

  • loss arising from third-party systems or services.

14. INDEMNITY

You indemnify Shellby Power, its officers, employees, contractors, and agents from and against any claims, losses, liabilities, damages, costs, and expenses arising out of or in connection with:

  • your use of the Website;

  • your breach of these Terms;

  • your misuse of Website Content; or

  • your breach of any law or third-party rights.

15. PRIVACY AND DATA COLLECTION

15.1 We collect and handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

15.2 By using the Website, you consent to the collection, use, and disclosure of your personal information for:

  • responding to Enquiries;

  • sales and customer relationship management;

  • marketing communications;

  • analytics and Website optimisation; and

  • digital advertising and remarketing.

15.3 Our handling of personal information is governed by our Privacy Policy (as updated from time to time).

16. COOKIES AND TRACKING TECHNOLOGIES

16.1 The Website uses cookies, pixels, and similar technologies to improve functionality and support marketing and analytics.

16.2 By using the Website, you consent to the use of such technologies unless disabled via your browser settings.

17. THIRD-PARTY LINKS

17.1 The Website may contain links to third-party websites.

17.2 We are not responsible for the content, accuracy, or practices of third-party websites.

17.3 Access to third-party websites is at your own risk.

18. WEBSITE AVAILABILITY

18.1 We do not guarantee uninterrupted or error-free access to the Website.

18.2 We may suspend or restrict access at any time for maintenance, updates, or operational reasons.

19. ERRORS AND OMISSIONS

19.1 Website Content may contain errors or omissions.

19.2 We reserve the right to correct such issues without notice.

20. FORCE MAJEURE

We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including but not limited to:

  • natural disasters;

  • supply chain disruptions;

  • labour disputes;

  • cyber incidents;

  • power or network failures; or

  • governmental actions.

21. AMENDMENTS

We may amend these Terms at any time by publishing updated Terms on the Website. Continued use constitutes acceptance of the updated Terms.

22. SEVERABILITY

If any provision is held invalid or unenforceable, it will be severed and the remaining provisions will continue in full force.

23. DISPUTE RESOLUTION

23.1 Parties must first attempt to resolve disputes through good faith negotiations.

23.2 If unresolved within 14 days, the parties agree to attempt mediation in Queensland, Australia.

23.3 Either party may seek urgent injunctive relief at any time.

24. GOVERNING LAW

These Terms are governed by the laws of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Queensland.

25. ENTIRE AGREEMENT

These Terms govern Website use only and do not form part of any supply agreement for Goods, which is governed by separate Sales Terms.

26. CONTACT

Shellby Power
Website: shellbypower.com
Email: info@shellbypower.com.au
Phone: (+61) 732 904 355