In these Terms and Conditions:
COD means cash on delivery;
Custom-Made Products means Products that are manufactured or modified for the specific needs of the Customer;
Customer is the party named as such in the Quotation;
GST has the meaning given to that term in the GST Act;
GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth);
Products means those products provided by us to you under the Quotation;
PPSA means the Personal Property Securities Act 2009 (Cth);
PPSR means the Personal Property Securities Register, constituted under section 147 of the PPSA;
Quotation means the quotation provided by us to you in respect of sale of the Products;
Security Interest has the meaning given to that term in section 12 of the PPSA;
Special Order-in Items means any items that are not stocked by us in the ordinary course of our business;
Terms and Conditions means these terms and conditions of sale;
We means Kearley Auto Pty Ltd ACN 072 672 103 trading as Auto Extras, and our and us shall have the corresponding meaning; and
You means the Customer.
We will not be bound by your order until we accept it, which we may do by delivering the Products to you.
No variation of the Terms & Conditions shall be binding on us, unless in writing and signed by our duly authorised officer.
The price quoted for the Products and any services (Price) is subject to withdrawal by us at any time prior to our acceptance of the order.All local, State or federal taxes or levies, including where applicable GST, in respect of the Quotation and the supply of the Products shall be payable by you.
You must pay to us a 30% deposit for Custom Made Products, Special Order-in Items or machinery. All deposits are non-refundable.
The Price does not include the cost of delivery of the goods, which you must pay unless otherwise stated by us in writing. Where we have agreed to any transport cost, we reserve the right to select the carrier in all cases. The times that we quote for supply or delivery are estimates only. Delay in supply or delivery will not affect your obligation to accept or pay for the Products.
You must inspect the goods upon delivery and inform us within 24 hours of any defective, damaged or missing Products. Provided that you have notified us within 24 hours of delivery, we may, at our sole discretion, either replace, refund or provide an equivalent amount of credit for defective, damaged or missing Products.
Any Products supplied are covered by a manufacturer’s warranty. We offer a 3-year or 30,000klm (whichever occurs first) warranty only in respect of our fitting of the Products (Warranty).We accept no liability prior to the Products being inspected and liability being approved in writing by our duly authorised officer. The Warranty covers faulty workmanship only.
Where maintenance of a Product has been recommended, the customer bears full responsibility to ensure that the maintenance is followed. Failure to do so will void all warranties.
Any repairs required must be done in our workshop. The Warranty does not cover wear and tear or damage to any part of the Customer’s vehicle to which the Products are fitted.
The Warranty does not cover damage caused by the misuse or negligence of the Customer.
Any vehicles left at our premises remain the sole responsibility of the Customer and you agree that we shall not be liable for loss or damage to any vehicle of the Customer due to any cause while left on our premises.
You may only return the Products with our prior written approval, and you agree to return any Products in the same condition as they were delivered to you.
Custom-Made Products, Special Order-in Items and machinery cannot be returned for credit.
We will only pay transportation costs for the return of the Products if they are either supplied incorrectly, are damaged or are defective, and only where you have complied with our Returns Policy. We will not pay transport costs for the return of the Products where you have changed your mind or ordered the Products incorrectly.
Payment terms are strictly COD unless we have agreed otherwise in writing prior to an order being accepted. Where we have extended credit terms to you, payment falls due thirty (30) days from the end of the month in which we invoice your order.
Any monies outstanding beyond terms agreed by us will incur an interest charge of 3% per calendar month calculated from the due date.
You will be liable for all costs we incur in recovering any outstanding or overdue monies owed by you under the Quotation.
We reserve the right to retain the Customer’s vehicle in our premises until we receive full payment for Products fitted.
To the maximum extent permissible by law, we accept no liability with respect to direct, incidental or consequential loss, damage or any expenses whatsoever arising out of, or in consequence of, any fault or defect in any Product supplied to you.
Title and Risk to Property
Title to the Products remains with us until we have received full payment for the Products. You authorise us to enter upon your premises, or as your agent upon any premises you are authorised to enter, to take possession of any Products not paid for at any time after payment falls due.Risk in the Products passes to you either upon delivery, or, if you have nominated a carrier to transport the Products, from the time when the Products are delivered to that carrier.
You agree that we may cancel the Quotation or cancel delivery of the Products at any time before the Products are delivered to you. In this instance, we will repay you any amounts you have paid us for the Products. To the maximum extent permissible by law, we accept no liability with respect to direct, incidental or consequential losses, damages or any expenses whatsoever arising out of such cancellation.
If you cancel delivery of the Products, you must pay us 10% of the Price, in addition to any damages or losses incurred by us (including, but not limited to, any loss of profits) up to the time of cancellation.
If you cancel an order in respect of Custom-Made Products or Special Order-in Items after production has commenced, you must pay the entire amount of the Price.
If the provision of, or payment for, the Products gives rise to a Security Interest in our favour, you consent to us registering the Security Interest on the PPSR and agree that you will do all things reasonably required and execute all documents necessary:
(a) for the Security Interest to be registered on the PPSR; and
(b) to ensure that we have a continuously perfected Security Interest in the Products.
You waive all rights to receive notice under sections 95, 118, 121(4) and, to the extent that they are applicable, any provisions requiring us to give you notice under part 4.3 of the PPSA. You further waive your right to receive a copy of a verification statement in respect of any financing statement or financing change statement registered by us in respect of the Products under section 157 of the PPSA.
Ph.: (07) 3252 3809 Fax: (07) 3257 1459
email: [email protected]