RETURN OF GOODS - CHANGE OF MIND
If you change your mind about the purchase of Goods, we are not obliged to give you a
refund, however we may decide to give you a credit. Goods will only be considered for
credit if they are returned in good and resaleable condition, freight prepaid, in the
original packaging and when the original invoice number and date of supply are quoted.
Credit may be allowed but will be subject to the following conditions:
- Non stocked items ordered at request - no credit
- Electrical goods - no credit
- Goods modified in any way - no credit
- Goods returned over 45 days from invoice - no credit
- Handling fees apply on all other credits and will be dependent on the individual
part, e.g. engine as opposed to a bearing, the cost will be 10%
of price of the part up to a maximum of $1,000
TERMS AND CONDITIONS OF SALE
-
Price:
- All prices are bin ex-warehouse. Delivery and insurance where applicable are
at additional cost and will be advised prior to the order being made.
- If the Customer pays by credit card, the price will be increased to
incorporate a surcharge of between [0.6% - 1.8%] (depending on the type of
credit card used) to cover the cost of the credit card facility and
associated fees that are charged to Dealer.
-
Settlement:
- Terms of payment are cash with order unless COD or credit has been approved
by the Dealer.
- If credit is satisfactorily established, terms are strictly net 30 days from
the end of the month during which the invoice was issued, unless otherwise
agreed to by the Dealer and the Customer in writing.
-
Title and Risk in the Goods:
- Risk passes to the Customer upon collection from the Dealer’s premises.
- The risk and liability of the Dealer for damage, loss, delay, or
non-delivery ceases upon release of Goods to authorised third party
carriers, notwithstanding the fact that property in the goods remains with
the Dealer until the goods are paid for except to the extent such damage, or
loss, delay or non-delivery are caused or contributed to by the Dealer, or
its employees.
- Title does not pass until payment is received in full.
-
Warranty Information:
- Some Goods are covered by a warranty offered by the manufacturer of the
Goods. A manufacturer’s warranty applies in addition to any statutory
rights. If a manufacturer’s warranty applies to any of the Goods, it is
stated explicitly on the Dealer’s invoice or quote. If there is no such
stipulation on the invoice or quote, then there is no manufacturer’s
warranty that applies in respect of the Goods.
- The Customer acknowledges and agrees that the Goods may not be approved by
their vehicle manufacturer for installation or use in their vehicle. The
Customer further agrees and acknowledges that the installation of the Goods
may void or limit any manufacturer’s warranty.
-
Dealer’s Liability:
- All representations, statements, terms and conditions and warranties
(whether implied by statute or otherwise) not set out in these conditions or
in the Dealer’s quote are expressly excluded to the fullest extent permitted
by law. Except as expressly set out in these conditions or the Dealer’s
quote, the Customer acknowledges that neither the Dealer nor any person
acting on the Dealer’s behalf has made any representations or given any
promise or undertaking in relation to the quality of the Goods, their
fitness for purpose or their usage.
- Nothing in these conditions is to be interpreted as having the effect of
excluding, restricting or modifying any condition or warranty, or right or
liability implied by any applicable legislation (including the Competition
and Consumer Act 2010 (Cth)) into the conditions, if such exclusion,
restriction or modification would be void or prohibited by the legislation.
The Customer shall have the full benefit of any conditions, warranties and
guarantees which are implied into this Conditions by the provisions of any
consumer protection, fair trading or sale of goods legislation applicable to
the State whose laws govern the sale of the Goods, but only to the extent
that such conditions, warranties and guarantees are applicable to the sale
of the Goods and cannot be excluded from it.
-
To the extent that the Dealer breaches any condition or warranty implied
into these conditions and which cannot be excluded, or breaches any
condition or warranty expressly included in these terms and conditions, then
for any Goods not of a kind usually acquired for personal, domestic or
household use or consumption the Dealer's liability is limited to, and
completely discharged by, either:
- replacement of the Goods that are the subject of the breach, or
supply of equivalent goods;
- payment of the cost of replacing the Goods or acquiring equivalent
goods;
- repair of the Goods; or
- payment of the cost of having the Goods repaired.
- In no event shall the Dealer be liable for indirect or consequential losses
(including loss of production, profit, goodwill or reputation).
- 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 for 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. The benefits of this
warranty are in addition to any other rights and remedies you have under the
law in relation to the Goods.
-
Claims:
- Shortages against this invoice will only be considered if reported within 24
hours of receipt of the goods.
- In the event of visible damage or loss, or other loss, a claim must be made
against the appropriate carrier or insurance company by the receiver within
14 days of receipt of the goods.
- Otherwise, any other claim by the Customer arising out of the supply of the
Goods must be made in writing and may be delivered by post, hand delivery,
or email as soon as practicable after discovery by the Customer of the
problem and in any event no later than 7 days after
delivery of the Goods. The Customer must supply a sample, if requested, and
information so that the Dealer can identify the product and the date of
manufacture. The Dealer has the right at any time within 30 days after
receipt of the claim to inspect the relevant Goods. If the Customer disposes
of any of the Goods within the 30 day period, except with the written
consent of the Dealer, all claims in respect of the Goods disposed of are
deemed to have been waived by the Customer to the extent permissible by law.
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General:
- The Customer may not exercise any right of withholding, deduction or setoff.
- Failure by the Dealer to insist on strict performance of any of these
Conditions shall not be deemed a waiver thereof. The waiver by the Dealer of
any provision, or breach of any provision, of these conditions is not to be
construed as a waiver of any other provision or a breach of any other
provision, or of any further breach of the same or any other provision of
these conditions.
- If any provision of these conditions is unenforceable or void either in
whole or in part for any reason, then that provision (or part) is deemed to
be deleted without in any way affecting the validity or enforceability of
any other provision.
- These conditions (including the details appearing on any credit application
and invoice) constitutes the entire agreement between the Customer and the
Dealer and no modification is binding in relation to these conditions unless
agreed to in writing by the Dealer and the Ccustomer.
- Any dispute arising out of these conditions is governed by the laws of the
State or Territory of Australia where the purchase order was received by the
Dealer and the Customer submits to the jurisdiction of and agrees to be
bound by the Federal Courts of Australia and of that State.
- The following words have the following meanings in these Conditions, unless
the context requires otherwise:
- “Customer” means the person (including its successors, personal
representatives and permitted assigns) acquiring Goods from the
Dealer as named in the invoice or credit application, and where this
consists of more than one person the obligations in these conditions
are deemed to be joint and several;
- “Dealer” means the seller of the Goods described on the invoice; and
- “Goods” means all goods described in the invoice.