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Terms and Conditions

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  1. DEFINITIONS AND INTERPRETATION
    1. Definitions
      1. "Force Majeure" includes acts of God, accident, storm, tempest, flood, cyclone, storm surge, fire, earthquake, strike, embargo, industrial dispute or action, legislative or regulation change or introduction, government or regulatory action, transport delays, supply issues including price fluctuations, delays in delivery and other circumstance which is beyond our control;
      2. "Goods" includes parts, accessories, vehicles, chattels, materials, supplies and stock. Where appropriate, it includes goods you have asked us to repair or goods that we may sell to you from time to time;
      3. "GST" means a tax, levy, duty, charge or a deduction together with any related additional tax, interest, penalty, fine or other charge imposed by a GST law;
      4. "GST Law" means the A New Tax System (Goods and Services Tax) Act 1999 and any Act enacted in addition or substitution to it;
      5. "PPSA" means the Personal Property & Securities Act 2009 (Cth);
      6. "Services" means any services provided by us including workshop repairs and service;
      7. "Terms" means these Standard Terms of Sale;
      8. "we/us" means the company supplying the Goods and/or Services to you. Our trading name and ABN is found on the quotation or invoice for the Goods and/or Services;
      9. "you/your" means the person who has ordered and/or purchased the Goods and/or Services from us.
    2. Interpretation
      1. Any unlawful, invalid or unenforceable term or condition of these Terms will not invalidate or affect the interpretation of the balance of these Terms, but will be severed from these Terms.
      2. These Terms will not be interpreted against us merely because they were drafted by us.
      3. Nothing which appears after the word "include" or "including" is to be interpreted as limiting the type of thing which may be included within the ambit of that clause.
      4. A reference to an Act also includes any regulations made under it and includes any Act made in addition or substitution to that Act.
  2. OPERATION
    1. A sale of our Goods and/or Services to you only arises where we:
      1. accept an order from you; or
      2. demonstrate an intention to deliver the Goods and/or Services; or
      3. deliver the Goods to, or perform the Services for, you, your agent or other authorised representative.
    2. We may, in our absolute discretion, refuse to accept, or to proceed with, any order.
    3. Every sale is governed by these Terms, the terms of our order, tax invoice and any other written agreement between you and us which together constitute the entire agreement between the parties. However, any terms and conditions contained in your order documentation or other communication from you inconsistent with these Terms (including a statement by you that your terms and conditions prevail) are hereby expressly excluded. Any order or offer will be deemed to be acceptance that these Terms are incorporated in the sale to the exclusion of all your terms and conditions.
    4. No one is authorised to make any representations, warranties, conditions or agreements on our behalf unless expressly confirmed by our authorised officer in writing, nor are we bound by any such unauthorised statements, nor can any such statements be taken to form a contract collateral to the sale.
    5. We may, at any time after giving you at least seven (7) days notice, vary these Terms. Any variation will only apply to new orders made after the effective date of any such variation.
    6. Nothing in, or implied from, a sale to you constitutes or is to be treated as constituting any relationship of partnership, association, trust, agency or exclusivity.
  3. PRICE AND PAYMENT
    1. Our quotation or estimate is based on circumstances and conditions then known to us.
    2. The quotation or estimate is subject to, and we may pass on any increase in price arising from:
      1. Force Majeure, increases in taxes, duties, awards, rates of exchange and other supply fluctuations and changes in conditions taking place prior to delivery of the Goods and/or performance of the Services;
      2. any act, omission or delay by you or any other person connected with you; or
      3. any variation made by you to your order and agreed to by us or any other material fact not discoverable by, or disclosed to, us at the date of sale.
    3. Unless otherwise stated on the quotation or invoice, the price:
      1. is in Australian dollars and does not include the cost of delivery; and
      2. is exclusive of GST. If any GST is or becomes payable on any supply made by us, we may increase the price of the supply by the amount of GST payable and you agree to pay the amount of GST at the same time as paying for the Goods and/or Services.
    4. Any amounts payable by you to us must be paid:
      1. where we have not agreed to grant credit to you prior to delivery of the Goods and/or performance of the Services, before taking delivery of the Goods and/or Services; or
      2. where we have agreed to grant credit to you, by the earlier of the date specified on our invoice or thirty (30) days from the date of delivery/performance.
    5. Payments must be made without any set-off or deduction whatsoever.
    6. You agree to pay:-
      1. Interest: on overdue amounts at the rate of 18% per annum compounding monthly.
      2. Additional costs: all costs, charges and expenses, legal (on a solicitor and own client basis) and otherwise, which we may incur or suffer as a result of the exercise of any rights, powers or remedies that we may have against you (including arising from enforcing our rights against you).
  4. GOODS - IMPORTANT NOTICE
    1. If any Goods presented for repair are capable of retaining user generated data, you are advised that the repair of the Goods may result in loss of the data. You should save that data to another device before delivering the Goods to us for repair.
    2. Goods presented for repair may be replaced by refurbished Goods of the same type rather than being repaired. Refurbished parts may be used to repair the Goods.
  5. RETENTION OF TITLE
    1. Until you have paid all monies owed by you to us you agree:
      1. that any Goods sold by us to you (including Goods affixed to or comprising part of your Goods) remain our property;
      2. the Goods are held by you as our fiduciary bailee;
      3. you must store the Goods separately so that they are readily identifiable as our property;
      4. you must not sell or co-mingle the Goods except with our prior written consent and in the ordinary course of your business; and
      5. any proceeds of such resale, in so far as they relate to the Goods, must be held upon trust for us in a separate account.
    2. We may enter any premises owned or leased by you to inspect or remove the Goods.
    3. You release us from all liability for any damage caused to the land, property or goods of yours or another person, during the removal of the Goods.
    4. The rights reserved to us in this clause will continue to apply even if you have caused an accession or co-mingling of the Goods to any other goods owned by you or any other third party.
  6. PPSA
    1. You agree:
      1. in addition to our rights under clause 5, you grant us:
        1. a charge over all of your personal property including any proceeds arising from that personal property, as security for the payment of all monies that may be owing to us from time to time;
        2. (as Transferee) the right under Part 2.7 of the PPSA to register a security interest in any accounts receivable to which you may be entitled from any other person as security for your obligations under this Agreement.
      2. we are entitled to register on the Personal Properties Security Register any security interest that you have given us in your personal property and our Goods under this Agreement;
      3. you will provide us with all information reasonably required to register a financing statement or financing change statement on the Personal Property Securities Register;
      4. you will advise us in writing of any change to your name or address at least 7 days prior to that change taking effect;
      5. we have the authority to search the register from time to time to determine what security interests may exist in respect of you;
      6. to pay the costs of and incidental to the registration of a financing statement or financing change statement along with any costs incurred by us in enforcing our rights against you under the PPSA;
      7. where permitted by law, you waive your rights to receive a notice of verification statement;
      8. where we have rights in addition to those in chapter 4 of the PPSA, those rights will continue to apply and our rights to seize the Goods will not be limited by the PPSA; and
        1. to pay the costs of and incidental to the registration of a financing statement or financing change statement along with any costs incurred by us in enforcing our rights against you under the PPSA.
    2. In the event that we exercise our rights under the PPSA to gain possession of the Goods or your personal property you waive your rights with respect to the following:
      1. the right to receive notice prior to us removing or seizing the Goods;
      2. to receive a statement of account, a disposal notice or a notice of retention either prior to or immediately following our retaking possession and selling the Goods to the third party.
    3. The terms and expressions used within this clause have the meanings given to them in the PPSA.
  7. LIEN
    1. You acknowledge that:
      1. if we carry out any work to your Goods, that we have a general law lien over those Goods for payment of our invoice/s and other monies payable to us under these Terms;
      2. if such monies remain unpaid for a period of 30 days after we have sent you a written demand for payment, then:
        1. we may without further notice to you and at our sole discretion either store the Goods at your cost or sell the Goods in such manner and upon such terms as we determine appropriate;
        2. we may deduct from the sale proceeds our unpaid invoices, our fees and costs incurred in enforcing our rights and in carrying out the sale, sale costs and expenses, and other monies payable by you to us pursuant to these Terms together with any other amounts necessary to provide clear title in favour of a third party; and
        3. any monies remaining after deduction of the aforementioned amounts will be firstly applied towards any other monies that you may owe us on any other account and thereafter the balance (if any) will be paid to you. We will be released from all liability if it is paid by cheque and sent to your last known address, or in the event you cannot be located, paid to the Public Trustee.
    2. You irrevocably appoint us as your attorney to exercise all the rights and powers that we have under this clause, including any power of sale, and you will ratify and confirm all acts and things done by us in exercising those rights and powers.
  8. SECURITY
    1. You grant to us an equitable mortgage over any interest in real property wherever situated (including land acquired in the future) owned by you personally and/or as Trustee of any Trust and/or by any company of which you are the sole director/secretary a security for the payment of all monies now or in the future owed to us by you on any account. In this clause “Trust” means each trust for which you hold land as trustee.
    2. We may register a caveat and/or mortgage to secure our interest in any such land and you irrevocably appoint us as your attorney to sign all consents to caveat and mortgages on your behalf.
  9. ACCEPTANCE AND DELIVERY
    1. All Goods are at your risk from the time of leaving our premises, even if we have agreed to deliver the Goods to you at another location. You must insure the Goods from the time they leave our premises. You indemnify us against any claim, loss or liability or damage or injury arising to or caused by the Goods after despatch from our premises.
    2. You must inspect the Goods upon delivery and let us how at that time if there is any defect or fault, failing which you are deemed satisfied with the condition of the Goods and the performance of our Services.
    3. We may sell any Goods not taken by you within seven (7) days from the date of attempted delivery and at our option, deem the sale repudiated or, by subsequently substituting other Goods, treat the sale as subsisting. If you fail or refuse to accept delivery, then the Goods are deemed to have been delivered and we were deemed willing to deliver them to you.
    4. If, due to Force Majeure or other reasons beyond our control, we are prevented from or delayed in making delivery or performance of the Goods and/or Services, we may either extend the time for delivery or performance for a reasonable period or terminate the sale. You agree that you do not have any claim for damages and must pay for all Goods delivered and/or Services performed prior to the date of such termination.
    5. If any time is stated in a quotation or other documentation, this does not make time of the essence in this sale and is only an approximation.
  10. RETURNS AND EXCHANGES
    1. On rare occasions, Goods may be returned for credit or exchanged but only at our discretion, and only with our prior written approval. To the extent permitted by law, we disclaim all liability for any returns in transit to or from our premises. If Goods are returned to us without prior written approval, the Goods will be returned to you at your expense.
  11. WARRANTIES
      1. This clause applies where the Australian Consumer Law applies to the sale of a Good or the provision of any Service.
      2. These Terms are to be read subject to any terms, conditions or guarantees of the Australian Consumer Law which cannot be excluded or modified by law.
    2. The following mandatory statement applies.

      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 or 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 above paragraph only applies to the extent that the Australian Consumer Law guarantees are applicable to this transaction.
    3. If any of the Goods are expressly warranted by the manufacturer or a supplier other than us, that warranty is not our warranty and we, to the extent permitted by law, have no liability in respect of any breach thereof. We may in our absolute discretion present such claims to the manufacturer or supplier on your behalf.
    4. Please CLICK HERE to contact us.
    5. submit proof of payment/purchase from us.
  12. To the full extent permitted by law, we will not be responsible for:
    1. defect or failure arising from improper use, maintenance or operation of the Goods or fair wear and tear;
    2. your own negligence, abuse or misuse;
    3. alteration or modification of the Goods by you;
    4. defect, failure or malfunction arising from Force Majeure, unauthorised repairs, incompatible accessories, insects or vermin;
    5. loss, damage or alterations to the Goods, hardware or software, programs, data or information stored on any media or other electronic device; and/or
    6. any loss, expense, damage or injury however incurred or caused to any person or property by, or arising from, a defect in the Goods and/or Services, including for any loss of profits or revenue or for any indirect or consequential loss or damage.
  13. All rejected parts or defective parts will be our property and we may dispose of them as we see fit.
  14. The benefits provided to you under any warranty provided with the Goods are in addition to any rights or remedies that you may have under the law.
  • LIMITATION OF LIABILITY
    1. To the extent permitted by law:
      1. all implied warranties, conditions, terms and guarantees in relation to the sale or delivery of Goods and/or Services, statutory or otherwise, are hereby excluded.
      2. where our liability cannot be excluded by law, our liability will be limited to, in the case of Goods, the replacement of the Goods, the supply of equivalent Goods or the payment of the cost of replacing the Goods, or in the case of Services, the supply of the Services again, or the payment of the cost of having the Services supplied again. The choice of remedy will be at our discretion and you acknowledge that the limitation of liability in this clause is fair and reasonable.
    2. Goods under your custody or control will be entirely at your risk.
    3. To the extent permitted by law, we are discharged and released from:
      1. all liability arising from any subject matter specified in clause 11.5;
      2. loss of or damage to, or maintenance of, secrecy with respect to any plans, drawings, samples of any materials supplied by you to us;
      3. a claim that the Goods, or any portion of them, are not in accordance with the sale contract, unless the claim is lodged with us in writing within seven (7) days from the date of delivery of the Goods to you; and
      4. any claim unless an action is commenced in a court of competent jurisdiction within six (6) months of delivery or in the case of non-performance or omission, within six (6) months of the date the performance should have occurred.
  • APPLICABLE LAW

    The laws of Queensland, Australia apply and you submit to the jurisdictions of the Courts of that State.