Terms And Conditions
Terms & Conditions
Last updated: 25 August 2026
These Terms & Conditions apply to the use of the MarKay Outdoors website, purchases made through our online store and, where relevant, equipment hire supplied by MarKay Outdoors.
By using this website, purchasing products or making an equipment hire booking, you agree to the applicable terms below.
Nothing in these Terms & Conditions excludes, restricts or modifies any right or remedy that cannot legally be excluded under the Australian Consumer Law.
About MarKay Outdoors
MarKay Outdoors is a locally owned business based in the Mackay region of Queensland.
We provide compact equipment for dry hire and sell selected lawn-care products, accessories and other goods through our online store.
Some retail products may be fulfilled directly by third-party suppliers.
Equipment Dry Hire
MarKay Outdoors provides equipment on a dry-hire basis.
Dry hire means the customer hires the equipment and is responsible for operating it. MarKay Outdoors does not provide an operator unless expressly agreed otherwise.
Additional hire terms may be contained in the MarKay Outdoors Hire Agreement completed or accepted by the hirer.
Where specific hire conditions are provided for particular equipment, those conditions also form part of the hire arrangement.
Hirer Responsibilities
The hirer is responsible for:
- providing accurate information when making a booking;
- ensuring the person operating the equipment is capable of doing so safely;
- following operating instructions and safety information supplied with the equipment;
- using the equipment only for its intended purpose;
- ensuring the work area and conditions are suitable for the equipment;
- carrying out reasonable pre-start checks where required;
- stopping operation if a fault, unsafe condition or unusual behaviour occurs;
- protecting the equipment from theft, loss, misuse and unnecessary damage;
- returning the equipment at the agreed time and in substantially the same condition, allowing for reasonable wear and tear; and
- notifying MarKay Outdoors promptly of damage, breakdown, loss or other problems.
Equipment must not be intentionally overloaded, abused, modified or operated contrary to supplied instructions.
Authorised Operators
The hirer must not allow equipment to be operated by a person who is not competent, capable or legally permitted to operate it.
The hirer is responsible for ensuring anyone they permit to operate the equipment understands the relevant operating and safety requirements.
Safety
Customers must use hired equipment responsibly and in accordance with supplied instructions, warnings and reasonable safety practices.
Appropriate personal protective equipment should be used where required.
The hirer must stop using equipment where continued operation could reasonably create a safety risk or cause further damage.
If uncertain about the operation of equipment, contact MarKay Outdoors before continuing.
Site Conditions
The hirer is responsible for determining whether the work site is suitable for the hired equipment.
This includes considering matters such as:
- ground conditions;
- slopes;
- overhead hazards;
- underground services;
- access width and clearance;
- soft or unstable ground;
- weather conditions; and
- people, animals or property within the operating area.
The hirer is responsible for locating underground utilities and services before digging, trenching, augering or carrying out similar work.
Collection and Return
Hire equipment must be collected and returned at the times agreed for the booking unless alternative arrangements have been approved by MarKay Outdoors.
Equipment returned late may interfere with subsequent bookings and may result in additional hire charges.
If you expect to be late, contact MarKay Outdoors as soon as possible.
An extension of a hire period is subject to availability and approval by MarKay Outdoors.
Fuel
Where equipment is supplied with fuel, applicable fuel requirements will be explained as part of the hire.
A fuel bond may apply to certain equipment.
Where equipment is required to be returned with the specified fuel level and is not returned accordingly, reasonable refuelling costs may be deducted from the applicable fuel bond or otherwise charged.
Current fuel-bond requirements applicable to the particular equipment will be communicated as part of the booking or hire process.
Cleaning
Equipment should be returned in a reasonably clean condition.
Normal dirt resulting from appropriate use is expected.
Additional cleaning charges may apply where equipment is returned with excessive mud, concrete, cement, paint, chemicals, waste or other contamination requiring cleaning beyond what would reasonably be expected from normal use.
Damage, Loss and Theft
The hirer must take reasonable care of hired equipment while it is in their possession or control.
The hirer may be responsible for reasonable costs arising from loss or damage caused by misuse, negligence, unauthorised modification, failure to follow operating instructions or other circumstances for which the hirer is responsible.
The hirer must notify MarKay Outdoors promptly if equipment is damaged, lost or stolen.
Nothing in this section makes the hirer responsible for ordinary wear and tear or for faults for which MarKay Outdoors is responsible under applicable law.
Breakdown or Equipment Fault
If equipment develops a fault, unusual noise, leak, warning indication or other problem, stop using it where continued use may cause damage or create a safety risk.
Contact MarKay Outdoors as soon as possible.
Do not attempt significant repairs, dismantle equipment or arrange third-party repairs without approval from MarKay Outdoors unless reasonably necessary in an emergency.
MarKay Outdoors must be given a reasonable opportunity to assess the equipment and the circumstances of the fault.
Available remedies will depend on the circumstances and applicable Australian Consumer Law requirements.
Trailers and Towing
Where equipment is supplied on or with a trailer, the hirer is responsible for ensuring that:
- the tow vehicle is legally and appropriately rated for the trailer and load;
- the driver holds the appropriate licence;
- the trailer is connected correctly;
- safety chains and electrical connections are correctly attached;
- the load remains appropriately secured; and
- applicable road and towing laws are followed.
Any equipment-specific towing requirements provided by MarKay Outdoors must also be followed.
Hire Charges and Bonds
Hire charges are payable according to the price and hire period agreed when the booking is made.
Certain equipment may require a bond, fuel bond or other security amount.
A bond is not necessarily the maximum amount for which a hirer may be responsible where loss, damage or other charges legitimately exceed the bond amount.
Any deductions must relate to amounts properly payable under the hire arrangement or applicable law.
Hire Cancellations and Refunds
Cancellation, rescheduling and refund arrangements for equipment hire are governed by our Refund, Returns & Hire Cancellation Policy and any specific conditions disclosed when the booking is made.
Returning equipment early does not automatically create an entitlement to a partial refund.
Nothing in these terms limits rights available under Australian Consumer Law.
Retail Products
Product descriptions, images, specifications, pricing and availability are provided as accurately as reasonably possible.
Minor differences in appearance may occur due to screen displays, product revisions or manufacturer changes.
We may correct genuine errors in product information or pricing.
If an error materially affects an order already placed, we will contact the customer and deal with the order in accordance with applicable law.
Supplier-Fulfilled Products
Some products sold through MarKay Outdoors may be dispatched directly by third-party suppliers, including suppliers accessed through Dropshipzone.
Delivery timeframes, stock availability and fulfilment may therefore depend on the relevant supplier and freight provider.
Your purchase remains an order placed with MarKay Outdoors.
For returns, faults, warranty claims or order problems, contact MarKay Outdoors rather than returning products directly to a supplier unless we instruct you otherwise.
Orders and Payments
Customers must provide accurate billing, delivery and contact information.
An order is subject to product availability and successful payment processing.
We reserve the right to cancel or refuse an order where reasonably necessary, including where:
- a product is unavailable;
- there is an obvious pricing or listing error;
- payment cannot be processed;
- fraud or unauthorised activity is reasonably suspected; or
- fulfilling the order would breach applicable law.
Where we cancel a paid order and no goods or services have been supplied, applicable amounts paid will be refunded.
Shipping and Delivery
Delivery estimates are estimates unless expressly stated otherwise.
Delays may occur because of couriers, suppliers, weather, remote delivery locations or circumstances outside our reasonable control.
Customers are responsible for providing a correct and complete delivery address.
Additional costs caused by an incorrect address, failed delivery or unclaimed shipment may be charged where reasonable and legally permitted.
Returns, Refunds and Warranties
Returns and refunds are handled in accordance with our Refund, Returns & Hire Cancellation Policy and Australian Consumer Law.
Change-of-mind returns may be subject to separate eligibility requirements.
Different procedures may apply to supplier-fulfilled products.
Customers should contact MarKay Outdoors before returning goods.
Australian Consumer Law
Products and services supplied by MarKay Outdoors may come with consumer guarantees that cannot be excluded under the Australian Consumer Law.
Where those guarantees apply, customers may have rights to repair, replacement, refund, cancellation or compensation depending on the circumstances and seriousness of the failure.
Nothing in these Terms & Conditions is intended to exclude, restrict or modify those rights.
Website Information
We take reasonable care when publishing information on this website.
However, website content may occasionally contain errors or become outdated.
We may correct or update website content, product information, availability and pricing when necessary.
General information published on the website should not be treated as professional, engineering, legal or safety advice specific to an individual situation.
Prohibited Website Use
You must not use this website:
- for unlawful purposes;
- to interfere with the operation or security of the website;
- to introduce malicious software;
- to attempt unauthorised access to systems or information;
- to infringe intellectual property rights; or
- to submit deliberately false or misleading information.
Intellectual Property
Unless otherwise stated, content created by or for MarKay Outdoors, including website text, branding, graphics and original photographs, remains the property of MarKay Outdoors or the applicable rights holder.
Content must not be commercially reproduced or republished without permission except where permitted by law.
Third-Party Services and Links
The website may use or link to third-party platforms and services including payment providers, booking systems, suppliers, couriers and other service providers.
Third-party services may operate under their own terms and privacy policies.
MarKay Outdoors is not responsible for independently operated third-party websites.
Privacy
Personal information is handled in accordance with the MarKay Outdoors Privacy Policy.
Information may be provided to service providers where reasonably necessary to process bookings, orders, payments, deliveries and other business activities.
Limitation of Liability
To the maximum extent permitted by law, MarKay Outdoors is not responsible for loss caused by circumstances outside our reasonable control or by a customer’s misuse of equipment or products.
Nothing in these Terms excludes, restricts or modifies liability, consumer guarantees or other rights where doing so would be unlawful.
Changes to These Terms
MarKay Outdoors may update these Terms & Conditions from time to time to reflect changes to our business, website, products, hire services or legal requirements.
The current version will be published on this page.
Changes do not retrospectively remove rights that have already arisen under an existing transaction or agreement.
Governing Law
These Terms & Conditions are governed by the laws applicable in Queensland, Australia.
Contact
Questions about these Terms & Conditions, online purchases or equipment hire can be directed to:
MarKay Outdoors
Mackay, Queensland, Australia
Phone: 0418 786 926
Email: mark@markayoutdoors.com.au