Last updated: 19 May 2026

These Trade, B2B & Custom Systems Terms apply to approved trade customers, B2B customers, wholesale customers, OEM customers, approved resellers, credit account customers, purchase order customers, business portal users, custom system customers, installation customers and project customers of Kraken Xpedition.

These Terms apply in addition to our Website Terms of Service, Privacy Policy, Shipping Policy, Return & Refund Policy, quotes, invoices, order confirmations, credit application forms, trade account approvals, project scopes, warranty documents and any separate written agreement accepted by us.

1. About us

These Terms are issued by Kraken Xpedition Pty Ltd ABN 34 674 381 214.

In these Terms, “Kraken Xpedition”, “Kraken”, “we”, “us” and “our” refer to Kraken Xpedition Pty Ltd.

Our contact details are:

Kraken Xpedition Pty Ltd

ABN: 34 674 381 214

PO Box 385 Browns Plains BC

QLD 4118 Australia

Email: sales@krakenxpedition.com.au

Website: krakenxpedition.com.au

2. When these Terms apply

These Terms apply where:

• you are approved or seeking approval for trade, B2B, wholesale, OEM, reseller or credit account access;
  
• you use our Unleashed B2B portal, company portal or other restricted business systems;
  
• you place purchase orders;
  
• you are supplied on invoice, credit or account terms;
  
• you order custom goods or special order goods;
  
• you order custom power systems, digital switching systems, pre-wired systems, programmed systems, custom switch panels, kits, assemblies, harnesses, looms or configured products;
  
• we provide design, programming, configuration, installation, commissioning, project work, technical support or warranty support;
  
• you are an OEM, caravan manufacturer, 4WD manufacturer, installer, reseller, trade customer or other business customer using, installing, incorporating, reselling or supporting goods supplied by us.
  

3. Relationship with other documents

These Terms should be read together with our:

• Website Terms of Service;
  
• Privacy Policy;
  
• Shipping Policy;
  
• Return & Refund Policy;
  
• product listings and product documentation;
  
• warranty information;
  
• safety information;
  
• quotes, invoices, order confirmations and scope documents;
  
• customer application, trade account, credit account, B2B, wholesale, OEM, reseller, project or installation terms issued by us;
  
• support, warranty, return or recall instructions provided by us; and
  
• any separate written agreement signed or expressly accepted by us.
  

If there is an inconsistency between these Terms and a more specific written quote, invoice, order confirmation, credit application, trade account approval, project scope, signed agreement or other written terms expressly accepted by us, the more specific document applies to the extent of the inconsistency.

4. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any right, guarantee, warranty, remedy or protection that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or any other applicable law.

Any warranty, return period, goodwill remedy, manufacturer warranty, Kraken warranty, return policy or support process we provide is in addition to any rights that cannot lawfully be excluded.

Where these Terms refer to exclusions, limitations, return conditions, warranty conditions, freight costs, no-fault-found costs, custom goods, special order goods, customer responsibilities, indemnities or limitations of liability, those provisions apply only to the extent permitted by law.

5. Business customers and authority

If you deal with us on behalf of a business, company, trust, partnership, organisation, government body, OEM, reseller, customer, end user or other entity, you warrant that:

• you are authorised to bind that entity to these Terms;
  
• all information provided to us is accurate and complete;
  
• each person placing, approving or submitting an order has authority to do so;
  
• the entity will comply with these Terms;
  
• the entity is responsible for its directors, employees, contractors, agents, installers, purchasers, account users and authorised portal users.
  

6. Trade, B2B, wholesale, OEM and account access

Approved Business Customers may be given access to B2B pricing, trade pricing, wholesale ordering, quote-based ordering, invoice purchasing, credit facilities, OEM supply, reseller arrangements, project supply or restricted portal access.

Unless we agree otherwise in writing:

• B2B, trade, wholesale, reseller, OEM and credit accounts are not automatically approved;
  
• access may be granted, refused, varied, suspended or withdrawn at our reasonable discretion;
  
• business pricing, discount structures, account terms, product data, project information and portal access are confidential;
  
• portal access may only be used by authorised users for legitimate business purposes;
  
• approval for trade pricing does not make the customer our agent, distributor, franchisee, partner or representative;
  
• Business Customers must comply with all applicable laws, including consumer law, product safety law, competition law, privacy law, electrical safety requirements, workplace health and safety requirements and fair trading obligations.
  

We may set or change minimum order quantities, account limits, credit limits, payment terms, portal access requirements, freight terms, support requirements or account conditions by written notice, account update, quote, invoice or direct communication.

7. B2B portals, Unleashed and company systems

We may provide access to business systems, including our Unleashed B2B portal, Unleashed inventory and order management systems, our company portal located at krakenx.online and built using Base44 or related platform technology, support systems, warranty systems and other platforms used by us from time to time.

Business Customers are responsible for:

• ensuring only authorised personnel access portal accounts;
  
• maintaining accurate company, contact, billing, delivery and account information;
  
• keeping login details secure;
  
• all orders, approvals, purchase orders, uploads, instructions and communications submitted through their account;
  
• notifying us promptly if an authorised user leaves the business, changes role, access should be removed, account details change or unauthorised access is suspected.
  

Orders, customer details, company details, contact names, phone numbers, addresses, delivery details, order history, serial numbers, support information, warranty information, B2B order data, account information, project information, custom system information, installation information and business records may be stored, processed, synced or displayed across our systems as reasonably required to operate our business.

If there is an inconsistency between information displayed in a portal and a written quote, invoice, order confirmation, direct written communication from us or approved account term, the written quote, invoice, order confirmation, direct written communication or approved account term applies to the extent of the inconsistency.

8. Privacy and business records

We handle personal information in accordance with our Privacy Policy.

By using our website, Shopify online store, Unleashed B2B portal, krakenx.online company portal, customer account systems, support systems, warranty systems or other services, you acknowledge that we may collect, store, use, disclose and process information in accordance with our Privacy Policy.

This may include business contact information, account information, order information, delivery information, trade or credit account information, support information, warranty information, serial-number records, product traceability records, project information, custom system information, installation information, portal activity and related business records.

Where you provide personal information about directors, employees, accounts payable contacts, installers, customers, end users, trade references or other people, you warrant that you are authorised to provide that information and have made any required privacy notifications to those people.

9. Credit accounts and payment terms

Credit accounts are subject to written approval by us.

Approved credit terms may include 7 days, 14 days, 30 days from invoice date or another period approved by us in writing.

Customers without approved credit terms, or whose credit terms are suspended, withdrawn, exceeded or overdue, must pay upfront, same day, before dispatch, before supply or as otherwise required by us.

Unless we approve otherwise in writing, new Business Customers may remain on same-day or payment-before-dispatch terms until at least $3,000 including GST in completed and paid sales orders has been reached. Approved credit terms may apply after that threshold only where confirmed by us in writing.

We may review, suspend, reduce, withdraw or vary credit terms or credit limits where reasonable, including where payment history, account activity, business risk, overdue invoices, credit information or order activity justifies it.

We may require a separate director guarantee, personal guarantee, additional security, deposit, upfront payment or payment before dispatch before approving or continuing a credit account.

No personal or director guarantee is created merely by these Terms unless separately signed by the relevant person.

10. Overdue accounts, account holds and stop supply

If an invoice, statement or account is overdue, an account exceeds its approved limit, credit terms are suspended, or we reasonably consider payment risk has increased, we may:

• place the account on hold;
  
• pause work;
  
• suspend portal access;
  
• suspend credit terms;
  
• reduce the credit limit;
  
• require same-day payment;
  
• require payment before dispatch or supply;
  
• require payment before further orders are processed;
  
• cancel or delay unfulfilled orders;
  
• recover reasonable collection, enforcement, dishonour, chargeback and legal costs where permitted by law.
  

11. Payment methods

Payment methods may include Shopify Payments, Stripe, Airwallex, credit card, debit card, bank transfer, invoice, approved credit account or other payment methods we offer from time to time.

Payment transactions may be processed by third-party payment providers. We do not directly store full credit card or payment card details on our own systems.

12. Purchase orders

We accept purchase orders from approved customers.

A purchase order is an offer to purchase from us on these Terms, unless we expressly agree otherwise in writing.

Any terms printed on, attached to, linked from or referred to in a customer purchase order, procurement document, supplier onboarding document, remittance advice, email footer, customer portal or system-generated document do not apply unless expressly accepted by us in writing.

The customer warrants that each person placing, approving or submitting an order has authority to do so.

The customer must pay for authorised orders, whether or not a purchase order number is supplied.

13. Quotes, estimates and order acceptance

We may provide quotes, estimates, project pricing, product recommendations, system suggestions or availability indications.

Unless a quote states otherwise:

• a quote is valid only for the period stated in the quote;
  
• if no validity period is stated, the quote may be withdrawn or updated before acceptance;
  
• quoted prices are based on the specifications, quantities, supplier pricing, freight assumptions, exchange rates, stock availability and information available at the time;
  
• changes to scope, quantity, design, specification, delivery location, timing, customer information, supplier cost, freight cost or availability may require a revised quote;
  
• a quote is not an accepted order until we confirm acceptance, issue an invoice, receive required payment, begin work, order parts or otherwise confirm acceptance.
  

You are responsible for checking that quotes, selections, specifications, dimensions, layouts, drawings, voltage requirements, electrical loads, product compatibility, installation space and intended use are correct before approving an order.

14. Prices, GST and account charges

B2B, wholesale, quote, invoice and portal pricing may be displayed as GST-inclusive or GST-exclusive depending on the customer type, platform, quote, invoice or account setting.

Shipping, freight, insurance, handling, installation, programming, support, configuration, travel, special delivery and other charges may be additional unless expressly included.

We may correct pricing, description, freight, stock or product listing errors before accepting an order.

If we discover an error after you place an order, we will contact you and give you the option to proceed on corrected terms or cancel the affected part of the order for a refund or account credit.

15. Custom systems, special order goods and deposits

We may provide custom system design, custom power systems, digital switching systems, pre-wired systems, programmed systems, custom switch panels, vehicle-specific kits, caravan and camper systems, integrated product assemblies, wiring looms, harnesses, configuration, programming and related services.

Unless a quote states otherwise, Custom Goods and custom systems require a 50% deposit before parts are ordered or production starts, with the remaining 50% payable before dispatch, release, collection or installation completion.

Deposits may be refundable before parts are ordered or production starts, less any design, administration, special order, supplier, payment processing, freight or other non-refundable costs already incurred.

Once design work, parts ordering, procurement, programming, assembly, configuration, import, allocation or production has commenced, the order cannot be cancelled or changed without our written approval, and we may require payment for costs incurred and work performed.

Custom Goods and Special Order Goods may not be returnable for change of mind, incorrect customer selection, incorrect measurements, incorrect layouts, installation incompatibility, changed project requirements or similar reasons, except where required by law or where goods are defective.

16. Backorders, supplier delays and availability

Some goods may be backordered, pre-ordered, allocated or subject to supplier availability.

Estimated arrival, build, dispatch, installation or delivery dates are estimates only and may change due to supplier delays, manufacturing delays, import delays, customs delays, freight delays, product shortages, stock allocation, staff availability, design changes, customer approval delays, public holidays, weather or other events outside our reasonable control.

We may split deliveries, hold deliveries, offer alternatives, update pricing or cancel unavailable items where reasonable.

17. Design approval and customer information

Unless we enter into a separate written agreement for engineering, certification, compliance approval or other professional services, any product guidance, compatibility comments, system suggestions, sizing comments, layout comments, programming comments or technical information we provide is based on information available to us and information supplied by the customer.

You are responsible for ensuring all information you provide is accurate and complete, including vehicle details, vessel details, caravan details, trailer details, canopy details, battery specifications, load requirements, available space, measurements, cable runs, environmental conditions, intended use, customer requirements, compliance requirements, drawings, photos and project assumptions.

We may rely on information supplied by you.

If information supplied by you is inaccurate, incomplete, outdated or changes after approval, the quote, design, price, lead time, installation, warranty or suitability of the goods or services may be affected.

Changes requested after approval may require a written variation, revised price, revised lead time and payment before work continues.

Where we request design, layout, drawing, quote, proof, specification, component list or system approval, you are responsible for reviewing and approving the relevant material before work proceeds.

18. Installation services

Where we agree to provide installation, configuration, commissioning, testing, programming or related services, the scope of those services is limited to the work described in our quote, invoice, written scope, project document or written agreement.

Installation may be performed at our location, at a customer location or at another agreed location.

You must provide safe, timely and reasonable access to the vehicle, vessel, caravan, trailer, canopy, equipment, site, power, workspace, keys, access codes, information and decision-makers required for the work.

You must remove personal items, loose items, hazardous materials, valuables or obstructions where reasonably required for installation access.

We are not responsible for faults, delays, damage or additional costs caused by:

• pre-existing wiring;
  
• pre-existing faults;
  
• hidden defects;
  
• corrosion;
  
• water ingress;
  
• previous modifications;
  
• inaccessible areas;
  
• unsuitable mounting locations;
  
• inaccurate customer information;
  
• unsuitable customer-supplied equipment;
  
• third-party work;
  
• unsafe work areas;
  
• lack of site access;
  
• vehicle, vessel, caravan, trailer, canopy or equipment condition;
  
• conditions not reasonably apparent before work begins.
  

Any work outside the agreed scope, including additional diagnosis, access work, rectification of pre-existing issues, replacement parts, design changes, programming changes, customer-requested changes or rework caused by customer information or third-party work, may be treated as a variation and charged separately.

Unless expressly agreed in writing, installation services do not include engineering certification, roadworthiness approval, marine compliance certification, electrical certification, insurance approval, vehicle warranty advice or regulatory approval.

19. OEM, caravan, 4WD, installer and third-party fitment customers

Where we supply goods, kits, systems, components, assemblies, wiring, programming, configuration or designs to a Business Customer, OEM, caravan manufacturer, 4WD manufacturer, reseller, installer or third-party fitter for installation by that customer or another person, that customer is responsible for final installation, integration, mounting, wiring, fusing, cable routing, protection, testing, commissioning, compliance, customer handover and first-level support unless we expressly agree otherwise in writing.

OEM and Business Customers must not modify, rebrand, reverse-engineer, substitute components, alter wiring, change fusing, change programming, change mounting, remove labels, remove serial numbers or change system configuration without our written approval.

OEM and Business Customers must notify us before making any change that may affect system performance, safety, warranty, support, serial tracking, recall traceability or customer documentation.

OEM and Business Customers must provide end users with relevant manuals, warnings, operating instructions, safety information, labels, warranty information, product documentation and recall information supplied by us or the manufacturer.

OEM and Business Customers are expected to provide first-level support to their end customers. We may assist with escalated support where reasonable and where the issue relates to goods or systems supplied by us.

20. Approved resellers and sales channels

Resellers may sell our products only if approved by us in writing.

Unless approved by us in writing:

• approval to buy at trade or wholesale pricing does not authorise resale;
  
• approval to resell does not authorise marketplace selling;
  
• approved resellers may sell only through their own approved website or approved sales channels;
  
• approved resellers must not sell on eBay, Amazon, Facebook Marketplace, third-party marketplaces, unauthorised online platforms or other channels without written approval;
  
• approved resellers must not represent themselves as an authorised dealer, distributor, agent, franchisee or partner unless we have expressly approved that representation;
  
• approved resellers are not automatically entitled to be listed publicly as authorised dealers.
  

Approved resellers may use Kraken Xpedition or Kraken X product images, manuals, descriptions, logos and product data only where supplied or approved by us, only for approved products, and only in a way that is accurate, current, lawful and consistent with our brand and product information.

We may provide recommended resale prices or recommended pricing guidance. Those prices are recommendations only unless a lawful exception applies and a separate written arrangement has been legally reviewed and agreed. Resellers remain responsible for setting their own resale prices.

We may refuse, suspend or withdraw reseller approval where reasonable, including for unauthorised sales channels, misuse of brand assets, misleading advertising, poor customer support, unauthorised product modification, warranty misuse, product safety concerns, non-compliance, overdue accounts or breach of these Terms.

21. Serial numbers, batch tracking, support and recall traceability

We may record serial numbers, batch numbers, system identifiers, product identifiers, configuration details, order numbers, customer details, project references and installation information for goods and systems supplied by us.

You must not remove, alter, obscure, tamper with or destroy serial numbers, compliance labels, warning labels, product labels, batch numbers, QR codes or identification markings.

Business Customers, OEMs, installers and resellers must maintain reasonable traceability records and cooperate with us in relation to warranty claims, support issues, product safety notices, recalls, inspections, repairs, replacements, firmware updates or corrective actions.

22. Product safety, recalls and compliance

You must use products safely and in accordance with all instructions, warnings, manuals, data sheets, labels, product documentation and applicable laws.

If we issue, pass on or become involved in a product safety notice, recall, stop-use notice, inspection request, firmware update, modification, replacement, repair, return, disposal instruction or corrective action, you must cooperate with all reasonable instructions.

Business Customers, OEMs, installers and resellers must take reasonable steps to identify affected downstream customers, stop supply where required, pass on recall or safety notices, assist with corrective action, and cooperate with us, suppliers, manufacturers and regulators.

23. Imported products and Kraken X products

We may import, source, supply, brand, assemble, integrate or incorporate certain products into our own systems or supply them as standalone goods.

Where we import, brand, modify, assemble, configure or incorporate products, additional product safety, documentation, warranty, traceability, support, recall and compliance processes may apply.

You must not represent that a product or system has approvals, certifications, features, capabilities, warranties, compatibility, compliance status or performance characteristics beyond those confirmed by us or the manufacturer in writing.

24. Electrical, marine, vehicle and communications products

Many products supplied by us may relate to 12V systems, DC-DC chargers, inverters, battery systems, solar systems, digital switching, CAN bus, NMEA 2000, monitoring, communications equipment, pumps, sensors, marine equipment, wiring, fusing, circuit protection and vehicle or vessel accessories.

Incorrect product selection, installation, configuration, maintenance or use may create risk of fire, electric shock, injury, equipment damage, vehicle damage, vessel damage, water ingress, communication failure, battery failure or other loss.

You must ensure that:

• products are compatible with the intended system and environment;
  
• electrical loads, battery chemistry, charging requirements, fusing, cable sizing, cable routing, ventilation, mounting, ingress protection, heat, vibration, water exposure and safety requirements are properly assessed;
  
• installation is completed by a suitably qualified, competent and, where required, licensed person;
  
• all manufacturer instructions, warnings, data sheets and safety requirements are followed;
  
• all applicable laws, standards, road rules, marine rules, electrical safety requirements, radio communication requirements, vehicle modification requirements, workplace requirements and insurance requirements are complied with.
  

25. Software, firmware, programming and configuration

Goods and systems may include or depend on software, firmware, programming, configuration files, digital switching logic, control interfaces, app-based access, cloud services, manufacturer software, third-party platforms or electronic configuration.

These items may be subject to third-party terms, updates, compatibility requirements, availability, licence restrictions, account access requirements and manufacturer changes.

Unless expressly agreed in writing, we are not required to provide source files, editable programming files, development files, design files, configuration files, passwords, administrator access, development environments or software licences beyond what is reasonably required for normal customer use of the supplied system.

Software, firmware, app access, cloud access, manufacturer platforms and third-party platform functionality may change, be discontinued, require updates or depend on third-party systems outside our control.

26. Designs and intellectual property

Unless expressly agreed otherwise in writing, all intellectual property created, owned, used, adapted or supplied by us remains our property.

This includes designs, drawings, wiring diagrams, schematics, software configuration, programming, layouts, templates, bills of materials, methods, processes, documentation, product data, technical information, photos, manuals, instructions, business systems, branding, logos and know-how.

On full payment, the customer receives a limited, non-exclusive, non-transferable licence to use the supplied documentation, configuration and system materials only for the installation, operation, maintenance and support of the goods or system supplied to that customer.

You must not copy, reproduce, reverse-engineer, manufacture from, disclose to third parties, publish, resell or allow others to build from our designs, documents, programming, layouts or materials without our written approval.

27. Shipping, freight and authority to leave

Shipping, freight, delivery, damaged goods, missing goods, authority to leave, freight insurance and delivery issues are handled in accordance with our Shipping Policy, subject always to your rights under the Australian Consumer Law.

Delivery timeframes are estimates only.

If you request or authorise authority to leave, safe drop, unattended delivery or delivery without signature, you accept the risk of loss, theft, weather exposure or damage after the carrier records the goods as delivered in accordance with that authority, except to the extent caused by us or where the law provides otherwise.

Freight insurance is not automatically included unless stated in the order, quote, invoice or shipping option. Freight insurance may be available on request and may involve additional cost.

For orders over $500, we recommend considering freight insurance.

Damaged, missing, tampered with or incorrect deliveries should be reported as soon as possible and ideally within 24 hours of delivery, with photos of the goods, packaging, labels and damage. You should keep the original packaging and must not install or use damaged goods unless we advise otherwise.

28. Risk and title

Risk in goods passes to you when goods are delivered to your nominated address, collected by you or left in accordance with your delivery authority or instructions.

If you arrange your own carrier, courier, freight provider, installer, agent or collection, risk passes when the goods are collected or handed to that person.

Title to goods passes only when we have received full cleared payment for those goods and any related amounts owing.

Until title passes, you must not grant any security interest over the goods that is inconsistent with our ownership rights.

29. PPSA and security interests for Business Customers

This section applies to Business Customers to the extent permitted by law.

If we supply goods on credit, deferred payment, account terms or before full payment has cleared, you grant us a security interest in the goods supplied and the proceeds of those goods to secure payment of all amounts owed to us.

We may register or perfect that security interest on the Personal Property Securities Register where we consider it appropriate.

You must do anything reasonably required by us to perfect, maintain, enforce or protect our security interest.

30. Returns, refunds and exchanges

Our Return & Refund Policy applies to returns, exchanges, change-of-mind returns, faulty goods, warranty returns and refund processes.

Unless otherwise required by law or agreed by us:

• change-of-mind returns must be requested within 14 days of receiving the item;
  
• returned items must be unused, undamaged, in original condition, in original packaging and accompanied by proof of purchase;
  
• returns must be authorised by us before goods are sent back;
  
• returns sent without authorisation may be refused or delayed;
  
• freight, shipping, insurance, bulky freight, handling and payment processing costs may not be refundable for change-of-mind returns;
  
• we may apply a reasonable restocking fee for approved change-of-mind returns where permitted by law.
  

Custom Goods and Special Order Goods are not returnable for change of mind, incorrect selection, incorrect measurements, incorrect layouts, installation incompatibility, changed project requirements or similar reasons, except where required by law or where goods are defective.

This section does not limit your rights under the Australian Consumer Law.

31. Return freight for suspected faults

For suspected faulty goods, you may be required to pay return freight upfront.

If the product is confirmed to have a fault or failure covered by the Australian Consumer Law, manufacturer warranty or an applicable Kraken warranty, we may reimburse reasonable return freight or apply an account credit, depending on the circumstances and your customer type.

If the returned goods are not faulty, no fault is found, or the issue is caused by installation error, misuse, incorrect wiring, incorrect voltage, incompatible components, customer-supplied equipment, unauthorised modification, physical damage, water ingress, corrosion, lack of maintenance or use outside specifications, we may charge reasonable assessment, testing, handling, labour and return freight costs where permitted by law.

Where practical, we may ask for approval of estimated costs before carrying out non-warranty work.

32. Warranty and technical support

Products may be covered by manufacturer warranties, Kraken warranties or both.

Warranty periods, conditions, exclusions, documentation and remedies vary by product, manufacturer, system, quote or warranty document.

Where expressly stated in a quote, product document or warranty document, Kraken-built systems may carry a limited warranty for the period stated. Third-party components remain subject to the applicable manufacturer warranty terms unless we expressly agree otherwise in writing.

To make a warranty or support claim, you may need to provide:

• proof of purchase;
  
• order number;
  
• serial numbers;
  
• photos or video;
  
• installation details;
  
• system specifications;
  
• wiring details;
  
• troubleshooting information;
  
• configuration details;
  
• product logs;
  
• evidence of correct use and installation;
  
• return of the product for assessment.
  

Warranty does not cover faults caused by incorrect installation, unauthorised modification, misuse, abuse, water ingress, corrosion, overloading, incorrect polarity, incorrect fusing or protection, poor ventilation, incompatible components, customer-supplied parts, third-party installation errors, use outside specifications or failure to follow instructions, except to the extent required by law.

Unless required by law or expressly agreed in writing, warranty remedies do not include reimbursement of third-party labour, installation, removal, diagnosis, travel, accommodation, downtime, loss of use, freight upgrades, consequential loss or costs of accessing goods installed in vehicles, vessels, caravans, trailers, canopies or other equipment.

33. Customer-supplied equipment and third-party work

Where you supply equipment, products, parts, software, wiring, accessories, information or materials for use with our goods or services, you are responsible for ensuring those items are suitable, safe, lawful, compatible and in good working order.

We are not responsible for faults, damage, delay, incompatibility, support issues, warranty refusal or additional costs caused by customer-supplied equipment, third-party components, third-party software, previous installations or third-party work.

We may refuse to install, integrate, modify, connect or support customer-supplied equipment where we reasonably consider it unsafe, unsuitable, incompatible, non-compliant, damaged or outside our scope.

34. Confidentiality

This section applies particularly to Business Customers, B2B customers, OEM customers, wholesale customers, trade customers, approved resellers, account customers and customers using restricted portals.

You must keep confidential all non-public information we provide or make available to you, including trade pricing, wholesale pricing, discount structures, account terms, product data, portal access, business systems, technical information, project information, customer information, supplier information and commercial arrangements.

You must not disclose our confidential information to any third party except to authorised personnel or advisers who need to know it for legitimate business purposes and are bound by confidentiality obligations, where required by law, or with our written consent.

We will also take reasonable steps to protect your confidential business information, subject to disclosures reasonably required to provide goods and services, operate our business, use service providers, comply with law or enforce our rights.

35. Commercial, fleet, emergency and mission-critical applications

Unless expressly agreed in a separate written contract, our goods and services are not supplied as fail-safe, life-safety, emergency response, rescue, medical, aviation, mission-critical or uninterrupted-operation systems.

Any commercial, fleet, government, emergency services, rescue, operational, mission-critical or high-risk project must be subject to a separate written scope, specification, risk assessment, testing process, support arrangement and contract terms agreed by us.

36. Prohibited uses

You must not use our website, portals, products, services, accounts, systems or communications:

• for unlawful, fraudulent, misleading or unauthorised purposes;
  
• to breach any law, regulation, standard or third-party right;
  
• to transmit malware, viruses, harmful code or cyber threats;
  
• to interfere with security, availability, operation or integrity of our systems;
  
• to scrape, harvest, mine, copy or misuse data;
  
• to impersonate another person or entity;
  
• to submit false, misleading, incomplete or deceptive information;
  
• to abuse, harass, threaten, defame or discriminate against any person;
  
• to spam or send unsolicited communications;
  
• to place orders using stolen, unauthorised or fraudulent payment methods;
  
• to resell, export or supply products in breach of these Terms, manufacturer terms, product restrictions, safety requirements or applicable law.
  

37. Suspension and termination

We may suspend, restrict or terminate access to our website, portals, accounts, services, B2B pricing, wholesale arrangements, reseller arrangements, credit facilities or order processing where we reasonably believe:

• you have breached these Terms;
  
• your account is overdue;
  
• your use creates legal, security, operational, fraud, credit, safety, reputational or compliance risk;
  
• unauthorised access has occurred;
  
• false or misleading information has been provided;
  
• our systems, pricing, content or confidential information have been misused;
  
• continuing to supply goods or services may breach law, supplier requirements, manufacturer restrictions, safety obligations or product restrictions.
  

Termination or suspension does not affect rights and obligations that accrued before termination, including payment obligations, confidentiality obligations, intellectual property obligations, indemnities, limitation of liability and dispute resolution obligations.

38. Force majeure and events outside our control

We are not liable for delay or failure to perform an obligation to the extent caused by events outside our reasonable control.

These events may include supplier delays, freight delays, shortages, manufacturing delays, customs or import issues, natural disasters, severe weather, fire, flood, pandemic, epidemic, labour disruption, strikes, transport disruption, cyber incidents, platform outages, power outages, government action, regulatory action, war, terrorism, civil unrest or other events beyond our reasonable control.

We will take reasonable steps to minimise the impact of such events where practical.

39. Limitation of liability

Nothing in these Terms excludes, restricts or modifies any liability that cannot lawfully be excluded, restricted or modified.

Subject to that, and to the maximum extent permitted by law:

• we are not liable for indirect, consequential, incidental, special, punitive or economic loss, including loss of profit, revenue, business opportunity, goodwill, data, production, use, contract or anticipated savings;
  
• we are not liable for loss caused by incorrect installation, misuse, unauthorised modification, incompatible products, inaccurate customer information, customer-supplied equipment, failure to follow instructions, failure to maintain products, use outside specifications, third-party acts, carrier delay, supplier delay or events outside our control;
  
• where permitted by law, our liability for goods is limited to replacement, repair, refund or payment of the cost of replacement or repair;
  
• where permitted by law, our liability for services is limited to resupply of the services, refund or payment of the cost of resupply.
  

For goods or services not ordinarily acquired for personal, domestic or household use or consumption, our liability for failure to comply with a consumer guarantee is limited to the remedies permitted under the Australian Consumer Law, unless it would not be fair or reasonable to do so.

40. Indemnity

To the extent permitted by law, you indemnify us against loss, damage, liability, cost or expense suffered or incurred by us arising from or in connection with:

• your breach of these Terms;
  
• your unlawful, negligent, fraudulent or wilful act or omission;
  
• incorrect, incomplete or misleading information supplied by you;
  
• your misuse, modification, installation, resale, export or supply of goods;
  
• your unauthorised modification of a Kraken system or design;
  
• your breach of third-party rights;
  
• your breach of privacy, consumer, product safety, competition, advertising, electrical, vehicle, marine, workplace or other applicable laws;
  
• any claim made by your customer, end user, employee, contractor, installer, reseller, OEM customer or third party to the extent caused by your acts or omissions.
  

Your liability under this indemnity is reduced to the extent the relevant loss is caused by our breach, negligence, wilful misconduct or unlawful act.

41. Disputes and complaints

If you have a concern, complaint, warranty issue, refund request, delivery issue, invoice dispute, account issue or other dispute, please contact us first at sales@krakenxpedition.com.au with relevant details, including your order number, invoice number, photos, documents, serial numbers and a description of the issue.

We will use reasonable efforts to assess and respond to disputes promptly.

Nothing in this section prevents a Consumer from exercising rights under the Australian Consumer Law or contacting a relevant consumer protection authority.

42. Governing law

These Terms are governed by the laws of Queensland, Australia.

You and Kraken Xpedition submit to the non-exclusive jurisdiction of the courts of Queensland and the courts competent to hear appeals from those courts.

43. Changes to these Terms

We may update these Terms from time to time to reflect changes to our business, products, services, systems, suppliers, legal obligations or operational requirements.

The current version will be published on our website with the updated “Last updated” date.

Updated Terms apply from the date they are published, except where a different effective date is stated or where the law requires otherwise.

Your continued use of our website, portals, products or services after updated Terms are published means you accept the updated Terms.

44. Severability

If any part of these Terms is found to be unlawful, void, invalid or unenforceable, that part will be read down or severed to the extent required, and the remaining parts will continue in full force and effect.

45. No waiver

A failure or delay by us to enforce a right under these Terms does not waive that right.

A waiver must be in writing and applies only to the specific matter for which it is given.

46. Contact

Questions about these Terms should be sent to:

Kraken Xpedition Pty Ltd

ABN: 34 674 381 214

PO Box 385 Browns Plains BC

QLD 4118 Australia

Email: sales@krakenxpedition.com.au

Website: krakenxpedition.com.au