Terms and Conditions

Mach2 is a joint venture between Andrew McDougall, McConaghy Boats and KA Sail Australia.

McConaghy Boats Ltd's factory in Zhuhai, China, is the sole builder of the hardware including hull, spars, foils and many of the fittings. McConaghy also is responsible for packing and shipping complete boats directly to our customers.

KA Sail Australia, a division of Kingston Range Pty Ltd (KA Sail), is the builder of the soft goods and is the international distributor of the Mach2. KA Sail also manages all warranty claims, spare parts and this web site.

1 Disclaimer

Please read carefully and completely the terms of the agreement which follows. By accessing the Mach2 and associated entities' website you agree to be bound by the terms of this agreement. If you do not wish to be bound to the terms of this agreement, you must not access the site. KA Sail accepts no liability or responsibility to any person as a consequence of any reliance upon the information contained in this Website.

2 Legal Disclaimers

2.1 Accuracy

Every effort is made to provide information that is accurate. However, materials contained in this website are subject change at any time by appropriate action of KA Sail. We give no assurance or warranty that information on this site is current, and take no responsibility for matters arising from changed circumstances or other information or material which may affect the accuracy or currency of information on this site.

2.2 Copyright

Copyright in this website rests with KA Sail unless otherwise stated.

2.3 No Legal or Financial Advice

The information posted here should not be considered legal or financial advice and is not intended to replace consultation with a qualified professional.

2.4 Disclaimer

The material contained on this website is general commentary only. None of the material is, or should be regarded as advice. Accordingly, no person should rely on any of the contents of this website without first obtaining specific advice from KA Sail. KA Sail, its directors, employees and agents accept no responsibility to any person who acts or relies in any way on any of the material without first obtaining specific advice.

2.5 No Warranties

This website is provided on an "as is", "as available" basis without warranties of any kind, express or implied, including, but not limited to, those of TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE or NON-INFRINGEMENT or any warranty arising from a course of dealing, usage, or trade practice. No oral advice or written information provided shall create a warranty; nor shall members or visitors to the site rely on any such information or advice. This publication is not intended to be a contract, explicit or implied, and KA Sail reserves the right to make changes in the information contained.

2.6 Disclaimer of Liability

The user assumes all responsibility and risk for the use of this website and the Internet generally. We accept no liability or responsibility to any person as a consequence of any reliance upon the information contained in this site. Under no circumstances, including negligence, shall anyone involved in creating or maintaining this website be liable for any direct, indirect, incidental, special or consequential damages, or loss profits that result from the use or inability to use the website and/or any other websites which are linked to this site. Nor shall they be liable for any such damages including, but not limited to, reliance by a member or visitor on any information obtained via the website; or that result from mistakes, omissions, interruptions, deletion of files, viruses, errors, defects, or failure of performance, communications failure, theft, destruction or unauthorised access. States or Countries which do not allow some or all of the above limitations of liability, liability shall be limited to the greatest extent allowed by law.

2.7 Online Conduct

Visitors agree to use the website only for lawful purposes and are prohibited from posting on the website any unlawful, harmful, threatening, abusive, harassing, defamatory, or obscene material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, national or international law. Although in the absence of a specific complaint the postings are monitored for compliance with this provision, in an effort to discourage such conduct, please note that all postings in the forum area will list the author's name and institution - no anonymous postings are permitted.

2.8 Third Party Content

We are distributors (Not Publishers) of the content supplied by visitors and other third parties. Accordingly, we have no more editorial control over this content than does a public library. Any opinions, advice, statements, services, offers or other information or content made available by members, visitors and other third parties are those of the respective author(s) and we are not responsible for any material posted by third parties. We cannot and do not endorse it in any way, we expressly disclaim any liability associated with material posted by third parties.

2.9 Disclaimer of Endorsement

Reference to any products, services, hypertext link to the third parties or other information by trade name, trademark, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by us. Nor is endorsement of us implied by such links. They are for convenience only, as an index in a public library.

2.10 Information Subject to Change

Any information on this website may include technical inaccuracies or typographical errors. Furthermore, the information may change from time to time without any notice.

2.11 Disclaimer for liability for products of third parties

2.11.1 In connection with its advice and services (including any services provided through this website), Mach 2 uses software, systems, technology and products supplied by third parties (whether disclosed or not). This includes information management systems, portfolio management systems and on–line information access systems ("Third Party Products").

2.11.2 To the maximum extent permitted by law, KA Sail does not give any warranty in relation to Third Party Products, including any warranty as to features, performance or fitness for purpose of Third Party Products.

2.11.3 To the maximum extent permitted by law, KA Sail shall not be liable for any claim, action or breach arising in relation to Third Party Products.

2.11.4 Nothing in this clause affects or limits the operation of other terms of this disclaimer.

3 Purchase of goods

We reserve the right to refuse any order without giving reason. Upon cancellation of an order we will make all reasonable attempts to contact you using the details provided. All received monies will be refunded using the method received.

3.1 Delivery

The delivery times provided by KA Sail are estimates only. KA Sail will not be held accountable for late deliveries or loss or damage relating to late deliveries. In the event that multiple items are ordered, part deliveries may be made where stock is not available. All reasonable attempts to notify you will be made using the details you provided.

Please ensure you enter the correct delivery address. KA Sail can not be held responsible for incorrectly entered delivery addresses.

3.2 Acceptance of the goods

The buyer is responsible for inspecting the goods for fault and notifying us within 5 working days of receiving the good should there be a fault.

3.3 Returns

Returns must be in as new condition unless faulty. Faulty goods will be dealt with as per the manufacturers warranty.

3.4 Warranties

All warranties offered are the manufacturers warranties and not that of KA Sail.

3.5 Pricing and duties

Prices are subject to change without notice.

There may be duties and taxes added to your package by the destination country. You will be responsible for these upon delivery and are not included in your order total.

All credit cards are charged in Australian Dollars. Non-Australian currency figures are all approximations based on an exchange rate.

4 Security Features

You agree to observe and maintain the confidentiality of all security features relating to use of the Website (including passwords, access arrangements etc) as notified. Mach 2 will not be liable for any unauthorised breach or disclosure of the security features.

5 Indemnity

You agree to indemnity KA Sail (its employees and agents) for any loss suffered or liability incurred by Mach 2 (its employees and agents) arising from any unlawful, unauthorised or improper access or use of the Website or any breach of these terms by you or your employees, contractors or representatives.

6 Access

Mach 2 does not guarantee constant availability of Website access and accept no liability for down time or access failure due to circumstances beyond its reasonable control (including any failure by ISP or system provider).

7 Links to Other Sites

The Site may contain links to other sites on the internet ("Linked Sites"). We are not responsible for the accuracy, legality, decency of material or copyright compliance of any Linked Site or services or information provided via any Linked Site.

8 Security of Information

No data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information we do not warrant and cannot ensure the security of information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.

9 Governing Law

These terms and conditions will be constructed according to and are governed by the laws of Victoria, Australia.

10 Interpretation

"KA Sail" includes associated entities and related companies and all staff, contractors and agents of all of them.